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Agenda Packet_2022-10-18
City Council Meeting Packet October 18, 2022 SPECIAL CLOSED SESSION MEETING - 3:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Vacant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 10/18/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 10/18/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 2:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 2:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 3:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in City Council 3 10/18/2022 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 3:00 p.m. Speakers who are not in the speaker queue by 3:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!!>) or download a pdf (the cloud symbol with the down arrow ). City Council 4 10/18/2022 CALL TO ORDER ATTENDANCE ROLL CALL SPECIAL CLOSED SESSION Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. 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. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does I-X, Orange County Superior Court, Case No. 30-2021- 01230129 B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge. City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney's Office, and Does I-X, Orange County Superior Court, Case No. 30- 2021-01230134 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section City Council 5 10/18/2022 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code 54956.8 Agency Negotiator: Nabil Saba, Executive Director Public Works Negotiating Parties: Frank Bryan John Turner, Authorized Signer, RIF 40, LLC. Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest. Address of Properties: 4404 W. First Street, APN: 188-021-08 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 6 10/18/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Pastor Matt Doan CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Filipino American History Month. 2. Certificates of Recognition presented by Councilmember Lopez to the Santiago Elementary School Speech & Debate Team for Exemplary Academic Achievements. 3. Proclamation presented by Councilmember Mendoza declaring October 30 to November 5, 2022 as Childhood Cancer Awareness Week. 4. Proclamation presented by Councilmember Penaloza declaring October 2022 as National Pregnancy and Infant Loss Awareness Month. 5. Proclamation presented by Councilmember Phan declaring October 2022 as Domestic Violence Awareness Month. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 throuah 21. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular City Council Meeting of August 2, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 8. Appoint Michelle Cisneros Nominated by Councilmember Mendoza as the Ward 2 City Council 7 10/18/2022 Representative to the Personnel Board for a Partial -term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 2 representative and administer Oath of Office. 9. Appoint Dr. Annebelle Nery, representing Title II Adult Education, to the Santa Ana Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint Dr. Annebelle Nery, for a partial term expiring May 31, 2023 (replacing Dr. Marilyn Flores), to represent Title II Adult Education on the Workforce Development Board. 10. Award a Purchase Order in an Amount of $368,636 to Altec Industries, Inc. for Two Utility Boom Trucks (Specification No. 22-079) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $368,636, plus a contingency of $20,000, for a total amount not to exceed $388,636, for the purchase of two utility boom trucks, subject to non -substantive changes approved by the City Manager and the City Attorney. 11. Award a Purchase Order in the Amount of $83,872 to National Auto Fleet Group for Two Ford F-150 Trucks for the Public Works Agency's Code Enforcement Officers (Specification No. 22-128) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford F-150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount not to exceed $83,872, subject to non -substantive changes approved by the City Manager and the City Attorney. 12. Award a Purchase Order in the Amount of $104,058 to National Auto Fleet Group for Ford Transit T-350 Plumbers Van for Parks Maintenance (Specification No. 22-127) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of one Ford Transit T-350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to non -substantive changes approved by the City Manager and the City Attorney. City Council 8 10/18/2022 13. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $156,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $156,000 in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a one-year grant agreement (PS23007) with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $156,000, for a one-year period beginning October 1, 2022 and ending September 30, 2023, (time frame consistent with the grant cycle), subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc. to provide bicycle safety education services for a one-year period, beginning October 18, 2022 and ending October 31, 2023, in an amount not to exceed $156,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 14. Approve an Agreement with Lyons Security Services Inc. to Provide Security Guard Services at Various City Sites in an Amount Not to Exceed $15,035,621, plus a $3,007,125 contingency, for a total Amount Not to Exceed $18,042,746 for a Three - Year Term (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Lyons Security Services, Inc. to provide unarmed and armed security guard services at various City sites, in an amount not to exceed $18,042,746, which includes a contingency of $3,007,125, for a three-year term beginning November 1, 2022 and expiring October 31, 2025, with an option for two, one-year extensions, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 15. Authorize Two Purchase Agreements in the Amount of $1,535,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Le and Martinez) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) City Council 9 10/18/2022 of the property located at 2245 S Hickory Street (APN 016-104-28) in the amount of $725,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and My Nguyen, husband and wife, and Hien The Le, a single man, as joint tenants, for the full acquisition and goodwill (if any) of the property located at 2247 S Cedar Street (APN 016-212-26) in the amount of $810,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 16. Approve Agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. for On -Call Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for Three -Year Terms (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with A - Tech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a three-year term beginning October 18, 2022 and expiring October 17, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 17. Approve Agreements with P2S, Inc. and SMAART POWER for Arc Flash Analysis and Electrical Safety Program Development for a Total Amount not to Exceed $500,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with P2S, Inc. and SMAART POWER, LLC for arc flash analysis and electrical safety program development for a three-year period, beginning October 18, 2022 and expiring October 17, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 18. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC City Council 10 10/18/2022 1. Benjamin and Catherine Mayberry, 2022-03, 2405 N Bonnie Brae, 6:1:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 2. Duane Rohrbacher and Shannon Quihuiz, 2022-05, 419 E. Wellington Avenue, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 3. Eriq Dominguez, 2022-13, 2222 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 4. Mark and Wendy Blalock, 2022-14, 1720 N Olive Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 5. Yi Ran and Tom Nguyen, 2022-15, 1802 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 6. Marny Gae Renteria, 2022-16, 1128 W Riviera Drive, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 7. Katherine Canada, 2022-17, 2425 N Valencia Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022-XXX) 19. Approve Second Amendment to the Agreement with Siemens Industry, Inc. in the amount of $37,000 for Public Safety Video Surveillance System Repairs (General and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Siemens Industry, Inc. in an amount not to exceed $37,000 for repairs and replacement of surveillance camera components, for a total aggregate amount not to exceed $3,419,870 during the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice -America, for a total amount not to exceed $707,062, which includes the base amount of $646,462 and a contingency amount of $60,600, for a term beginning October 18, 2022 and ending January 31, 2023, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 21. Second Reading of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances First reading at the October 4, 2022 City Council meeting and approved by a vote of 4-3 (Bacerra, Mendoza and Penaloza dissented) City Council 11 10/18/2022 Published in the Orange County Reporter on October 7, 2022. Department(s): Community Development Agency Recommended Action: NS-XXXX — Place Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances on second reading and adopt. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 22. Discuss Draft Ordinance Establishing a Police Oversight Commission and Provide Direction to Staff Department(s): City Manager Office Recommended Action: Discuss a draft ordinance establishing a police oversight commission and provide direction to staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 23. Public Hearing — Report on Water Quality Relative to Public Health Goals Legal Notice published in the Orange County Reporter on October 7, 2022. Department(s): Public Works Agency Recommended Action: Receive and file the Report on Water Quality Relative to Public Health Goals. COUNCILMEMBER REQUESTED ITEMS 24. Discuss and Consider Directing the City Manager to Direct Staff to Bring Back a Resolution Opposing the County of Orange from Operating any Cold Weather Shelter within Santa Ana City Limits and Encourage the County to Rotate the Annual Cold Weather Shelter Throughout Different Cities within the Different Service Planning Areas (SPA's) - Councilmember Penaloza CITY MANAGER COMMENTS City Council 12 10/18/2022 COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. City Council 13 10/18/2022 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d August 02, 2022 CLOSED SESSION MEETING - 5:00 pm REGULAR OPEN MEETING - 5:45 pm (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:09 p.m. ROLL CALL MINUTES: City staff conducted roll call. All councilmembers were present. City Council 71— 1 1OBV812022 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. MINUTES: Nothing to report out. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session items at 5A I p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:55 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION City Council 72— 2 1 OBV812022 CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:04 p.m. ROLL CALL MINUTES: City staff conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Penaloza led the pledge of allegiance. WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community. 2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month. 3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education. 5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community. STAFF PRESENTATIONS 6. COVID-19 Update in the Community MINUTES: City Manager Kristine Ridge provided a brief presentation. 7. OC Streetcar Project - Orange County Transportation Authority and Public Works Agency MINUTES: Staff provided a brief presentation in collaboration with Orange County Transportation Authority staff. Council discussion ensued and direction was provided to the Orange County City Council 73- 3 10BV812022 Transportation Authority staff. CLOSED SESSION REPORT - The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney, Sonia Carvalho reported out on the vacancy of the Clerk of the Council position. PUBLIC COMMENT - Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Delilah Snell spoke regarding the Orange County Street Car construction, downtown businesses and item 17. Maribel Gomez provided comments regarding downtown business and requested assistance. Marcela Prado provided comments regarding downtown businesses, requested council approve financial assistance and spoke regarding lack of trash services. Shawn Makhani spoke regarding the impact the Orange County Street Car construction has had on downtown businesses. Aaron Senese provided comments on item 7 in regard to the downtown businesses and provided various comments on high -capacity transportation. Juliet Castro requested financial assistance for the downtown businesses that have been affected by the Orange County Street Car construction. Melissa Mier spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction. Stephanie Cuevas spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction. Walter Ayala provided comments regarding financial assistance for downtown businesses. Kelly Kraus -Lee provided comments regarding the various issues that have arisen in her neighborhood as a result of the Orange County Street Car construction. Martha Garcia regarding item 17, requested financial assistance for the community. Victor Mendez provided comment on the budget. City Council 74- 4 1 OBV812022 I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16. 8. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 9. Minutes from the Regular Meeting of May 17, 2022 Department(s): Clerk of the Council Recommended Action: Approve minutes. 10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING First reading at the July 19, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 22, 2022. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3024 was approved. 12. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC First reading at the July 19, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on July 22, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. City Council 75- 5 1 OBV812022 MINUTES: This consent Item - Ordinance No. NS-3025 was approved. 13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Five-year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a three-year period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a two-year period, in a total aggregate amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-151 was approved. 14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for Non -Industrial Medical Services (Non -General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide non -industrial medical services for a three-year term (June 7, 2022 through June 30, 2025) with the option of one 1-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-152 was approved. 15. Adopt a Resolution Declaring City -Owned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency Recommended Action: Resolution No. 2022-XXX - Adopt a resolution declaring City -owned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City's use, and authorize the City Manager to execute any and all documents necessary to complete the exchange. MINUTES: This consent Item - Resolution No. 2022-065 was approved. 16. Orange County Grand Jury's Investigative Report, Findings, and Recommendations City Council 76- 6 10BV812022 Regarding "How is Orange County Addressing Homelessness" Department(s): City Manager Office Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. Moved by Councilmember Penaloza, seconded by Councilmember Hernandez to approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Councilmember Penaloza directed staff to add language stating the agreement. Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve items 8-15 with the exception of item 16. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 2022-23 Annual Budget to Add Limited -Term Full -Time Positions (Revive Santa Ana Program) Department(s): City Manager Office Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID-19 pandemic. City Council 77— 7 1 OBV812022 2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between Spending Plan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes) 3. Resolution No. 2022-XXX - Adopt a resolution to amend the Fiscal Year 2022-23 Annual Budget to add limited -term full-time positions for the implementation of Revive Santa Ana projects. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Penaloza to approve. YES: 7 - Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0- Pass MINUTES: Council discussion ensued and direction provided to staff. This business Item - Resolution No. 2022-066 was approved. 18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election Department(s): City Manager Office Recommended Action: 1. Resolution No. 2022-XXX - Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the "Clerk of Council" to "City Clerk" and making other minor clean-up updates. 2. Request that the Board of Supervisors of Orange County Consolidate the City's General Municipal Election with the Statewide General Election. 3. Authorize the filing of Arguments and Rebuttals. a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal City Council 78- 8 10BV812022 Statement. 4. Direct the City Attorney to prepare an Impartial Analysis. 5. Direct the Clerk of the Council to publish legal notices as required by law. Moved by Councilmember Phan, seconded by Mayor Pro Tern Bacerra to adopt. YES: 5 - Hernandez, Mendoza, Penaloza, Phan, Bacerra NO: 2 - Lopez, - Sarmiento ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0- Pass MINUTES: Discussion ensued and discussion was provided to staff. This business Item - Resolution No. 2022-067 was approved. **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided comment on hate crimes. COUNCIL COMMENTS A131234 DISCLOSURE - If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Mendoza reminded residents of the concert at El Salvador Park. Councilmember Phan announced to residents an upcoming concert in the park and reminded the public of the upcoming movies in the park event. Councilmember Penaloza invited the public to attend Madison Park on August 17th for movies in the park. Mayor Pro Tem Bacerra requested to light up the water tower in blue in memory of Vin Scully. ADJOURNMENT - Adjourn the City Council meeting. Future Items City Council 79- 9 10BV812022 1. Mental Health Mobile Outreach Services 2. Community Workforce Agreement MINUTES: Mayor Sarmiento adjourned the City Council meeting at 10:03 p.m. City Council 71-010 10BV812022 Community Development Agency santa-ana.org/cd Item # 9 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Appoint Dr. Annebelle Nery, Santa Ana College to the Workforce Development Board AGENDA TITLE: Appoint Dr. Annebelle Nery, representing Title II Adult Education, to the Santa Ana Workforce Development Board RECOMMENDED ACTION Appoint Dr. Annebelle Nery, for a partial term expiring May 31, 2023 (replacing Dr. Marilyn Flores), to represent Title II Adult Education on the Workforce Development Board. DISCUSSION On May 17, 2016, the City Council adopted Resolution 2016-031, establishing the Santa Ana Workforce Development Board (WDB), and appointed 25 members. In accordance with the federal Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(2)(A- D), a local WDB is to be composed of representatives from specific categories and the number of WDB members in the categories is to be proportional to the total membership while maintaining a greater than 50 percent representation from the business sector. WDB members are to be appointed by the City Council under the categories of membership, prescribed by law, as follows: • Representatives from local businesses: 13 members • Representatives from labor, labor registered apprenticeship, and/or community based organization: 5 members • Representatives from local education institutions: 3 members • Representative from government entities (Dept. of Rehabilitation, Social Services Agency, EDD, and Economic Development): 4 members Dr. Marilyn Flores, former interim President of Santa Ana College, has resigned. Staff has received a letter from the Rancho Santiago Community College District nominating Dr. Annebelle Nery, President of Santa Ana College, for appointment to the WDB (Exhibit 1). Dr. Nery will represent local education/Title II Adult Education on the WDB. City Council 9-1 10/18/2022 Appoint Dr. Annebelle Nery, Santa Ana College to the Workforce Development Board October 18, 2022 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Nomination Letter and Resume — Dr. Annebelle Nery Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 9-2 10/18/2022 EXHIBIT 1 Building the future through quality education 2323 North Broadway • Santa Ana, CA 92706-1640 • (714) 480-7300 • www.rsccd.edu Community College District September 26, 2022 Ms. Deborah Sanchez Economic Development Specialist III Santa Ana Work Center 801 W. Civic Center Drive, Suite #200 Santa Ana, CA 92701 Dear Ms. Sanchez, Santa Ana College • Santiago Canyon College On behalf of the Rancho Santiago Community College District (RSCCD), I am pleased to nominate Dr. Annebelle Nery, President of Santa Ana College for appointment to the Santa Ana Workforce Development Board (SAWDB) in the area of Higher Education. With more than 25 years of experience working in higher education, she has worked successfully with colleagues, faculty, staff, students, leadership and community members in multiple capacities in student services, instruction, instructional technology and institutional effectiveness and planning. Institutions at which she worked have increased student outcomes, positively impacted their respective local communities and closed equity gaps. Under her leadership many innovative and effective programs were founded. Dr. Nery has the background which will enable her to make a meaningful contribution as a member of the SAWDB We are confident that Dr. Nery will do an outstanding job representing RSCCD and be a major contributor to the SAWDB. If you should require anything further, please contact us. Sincerely, Marvin Martinez Chancellor BOARD OF TRUSTEES: Tina Arias Miller, Ed CHANCELLOR: City Council 9-3 10/18/2022 Marvin Martine EXHIBIT 1 Annebelle Nery, Ph.D. President, Santa Ana College Annebelle Nery, Ph.D. was appointed President of Santa Ana College (SAC) in January 2022. Reporting to the Rancho Santiago Community College District Chancellor, her responsibilities include planning, organizing and implementing educational policy and procedures to develop curriculum and student support services; budget management; enhancing partnerships with business, governmental and community organizations, as well as with the K-12 and higher education institutions in the area; and leading the institution's fund development efforts. In her 25 years of experience in education, Dr. Nery has served in a number of administrative capacities most recently as Vice President of Instruction and prior to that Vice President of Student Services at College of the Desert. In these roles she worked successfully with colleagues, faculty, staff, students, leadership and community members in multiple capacities in student services, instruction, instructional technology, and institutional effectiveness and planning. Supported by Dr. Nery, the colleges at which she worked received state and national recognition in recent years that have increased student outcomes, positively impacted their respective local communities, and closed equity gaps. Under her leadership, many innovative and effective programs were founded, including the College of the Desert's highly acclaimed EDGE/pIEDGE Program, which is widely recognized as a best practice in making an impact on diversity. Dr. Nery was recently named the 2021 Administrator of the Year by the California Association of Postsecondary Education and Disability and the California Community Colleges named Dr. Nery Chief Student Services Officer of the Year in 2019. Dr. Nery earned a doctor of philosophy in Sociology/Organization and Statistics from the University of California, Riverside, a bachelor of arts degree and masters degree in Sociology from California State University, Los Angeles and an associate degree from Los Angeles Pierce College. A first generation college student with Spanish as her first language, Dr. Nery is an equity advocate with significant work in social justice. Her guiding principle is to ensure student success is at the center of all decision -making. January 2022 City Council 9-4 10/18/2022 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 10 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Award Purchase Order to Altec Industries, Inc. for Utility Boom Trucks AGENDA TITLE: Award a Purchase Order in an Amount of $368,636 to Altec Industries, Inc. for Two Utility Boom Trucks (Specification No. 22-079) (General and Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $368,636, plus a contingency of $20,000, for a total amount not to exceed $388,636, for the purchase of two utility boom trucks, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Fleet Services Division (Fleet) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Several departments within the City require the use of utility boom trucks, which allow staff to safely reach altitudes of up to 40 feet to perform various job functions. These utility boom trucks are being procured on a shared interdepartmental model to enable each specified department to effectively and efficiently meet their respective service delivery needs. In this manner, Fleet can procure two utility boom trucks to serve the needs of two Divisions of the Public Works Agency, as well as the Santa Ana Police Department. The Public Works Agency's Water Resources Division maintains a wide network of tower - and pole -mounted industrial control instrumentation and communications devices used for monitoring and controlling the City's water and sewer systems. These devices require routine maintenance and repositioning. The Public Works Agency's Traffic Engineering Division maintains a vast network of traffic signal systems and street lights which require routine maintenance. The Santa Ana Police Department operates a network of mounted security systems that require routine maintenance and repositioning. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint City Council 10 — 1 10/18/2022 Award Purchase Order to Altec Industries, Inc. for Utility Boom Trucks October 18, 2022 Page 2 Powers Alliance), awarded a contract to Altec Industries, Inc. (Contract No. 012418-ALT) for procurement of Digger Derricks, Bucket Trucks, & Utility Equipment as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to Altec Industries, Inc. allows the City to make purchases through March 14, 2023, and is in accordance with the City's existing Purchasing Guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2022-23 as follows: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description Water Utility Water 2022-23 06017640-66400 Water Fund Production & Supply, $140,000 Machinery & Equipment Cannabis Police Enforcement 2022-23 01214010-66410 Public Benefit Services, Vehicle $98,636 Fund Purchase Public Works -Street 2022-23 01117630-66400 General Fund Light Maintenance, $150,000 Machinery & Equipment Total $388,636 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency David Valentin, Chief of Police — Santa Ana Police Department Approved By: Kristine Ridge, City Manager City Council 10 — 2 10/18/2022 Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Purchase of Two Ford F-150 Trucks for Public Works Agency's Code Enforcement Officers AGENDA TITLE: Award a Purchase Order in the Amount of $83,872 to National Auto Fleet Group for Two Ford F-150 Trucks for the Public Works Agency's Code Enforcement Officers (Specification No. 22-128) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford F-150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount not to exceed $83,872, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City of Santa Ana's Public Works Agency is required to enforce compliance of Senate Bill 1383 and will be hiring two dedicated code enforcement officers to do so. These officers will be in need of vehicles to perform daily operations that include the issuance of citations to non -compliant accounts as noted in the City's ordinance. The Public Works Agency's Fleet Services Division (Fleet), is responsible for the purchase, maintenance, repair, and replacement of vehicles, trucks, and various maintenance equipment. Fleet is assisting with the purchase of two Ford F-150 Trucks for use by two code enforcement officers. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to National Auto Fleet Group (Contract No. 091521- NAF) for procurement of Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through November 8, 2025, and is in accordance with the City's existing Purchasing Guidelines. City Council 11 — 1 10/18/2022 Purchase of Two Ford F-150 Trucks for Code Enforcement Officers October 18, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description Refuse Refuse Collection 2022-23 06917640-66400 Collection Service, Machinery and $83,872 Service Equipment Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 — 2 10/18/2022 Public Works Agency www.santa-ana.org/public-works Item # 12 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Purchase of Ford Transit T-350 Plumbers Van for Parks Maintenance AGENDA TITLE: Award a Purchase Order in the Amount of $104,058 to National Auto Fleet Group for Ford Transit T-350 Plumbers Van for Parks Maintenance (Specification No. 22-127) (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of one Ford Transit T-350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Fleet Services Division (Fleet) is responsible for the purchase, maintenance, repair, and replacement of vehicles, trucks, and various maintenance equipment. Fleet is assisting the Parks Maintenance Division with the purchase of a Ford Transit T-350 Plumbers van to store plumbing parts and equipment, to address plumbing/irrigation related repairs, and to address emergencies throughout the park system. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to National Auto Fleet Group (Contract No. 091521- NAF) for procurement of Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through November 8, 2025, and is in accordance with the City's existing Purchasing Guidelines. This purchase order replaces previously approved and authorized purchase by the City Council (Specification No. 22-063) for purchase of vehicles on June 17, 2022. City Council 12 — 1 10/18/2022 Purchase of Ford Transit T-350 Plumbers Van for Parks Maintenance October 18, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the following account for the current Fiscal Year 2022-23. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description PWA-Park Maintenance 2022-23 01117651-66400 General Fund Service Enhancement, $104,508 Maintenance &Repair Buildings & Grounds Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 2 10/18/2022 Public Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Grant Funding Recognition and Professional Services Agreement AGENDA TITLE Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $156,000 (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $156,000 in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a one-year grant agreement (PS23007) with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $156,000, for a one-year period beginning October 1, 2022 and ending September 30, 2023, (time frame consistent with the grant cycle), subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc. to provide bicycle safety education services for a one-year period, beginning October 18, 2022 and ending October 31, 2023, in an amount not to exceed $156,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Santa Ana Public Works Agency partnered with Santa Ana Active Streets (SAAS) to develop a custom Pedestrian and Bicycle Safety Program (Program) for the City of Santa Ana. The Program was submitted by the Public Works Agency in partnership with SAAS to the State of California Office of Traffic Safety (OTS) and has been awarded a $156,000 grant (Exhibit 1). These funds will be used to address pedestrian and bicycle safety City Council 13 — 1 10/18/2022 Bicycle Safety Grant Funding Recognition and Professional Services Agreement October 18, 2022 Page 2 through a series of safety education workshops and events. The goal of the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles and pedestrians. The bilingual education program is intended to reach a wide cross-section of community members. It will include a series of comprehensive workshops consisting of educating adults about traffic safety and educating youth about bicycle safety and maintenance. At the end of the adult series, community members will recommend improvements to the Public Works Agency to guide the pursuit of future grant funds. At the end of the youth series, community youth will earn a bicycle, which they repaired and maintained during the course of the classes. The Program includes the following: • Family -friendly bicycle safety skills classes taught by the League of American Bicyclists Certified Instructors • Access to nighttime lights and helmets distributed to the community during safety equipment events targeting pedestrians and bicyclists • Equipment demonstration events • Youth pedestrian and bicycle traffic safety fairs at community events All tasks outlined in the Program's scope of work will be delivered directly by SAAS and will be paid by SAAS's fiscal agent Charitable Ventures of Orange County, Inc. (Exhibit 2) utilizing the Office of Traffic Safety grant award. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $156,000 as follows: $100,000 will be recognized in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account (No. 16517002-52001), and $56,000 in the OTS-PWA Traffic Safety Grants, Reserve Appropriation revenue account (No. 16517002-59011). The Appropriation Adjustment will also appropriate the same amount of $156,000 as follows: $100,000 will be appropriated to the OTS-Bicycle Safety PWA, Contract Services - Professional expenditure account (No. 16517611-62300) and $56,000 to the OTS-Bicycle Safety PWA, Reserve Appropriation expenditure account (No. 16517611-69011). The funds will be available for expenditure as follows: City Council 13 — 2 10/18/2022 Bicycle Safety Grant Funding Recognition and Professional Services Agreement October 18, 2022 Page 3 Fiscal Accounting Unit- Fund Accounting Unit, Year Account No. Description Account No. Amount Description 2022-23 16517611-62300 Office of OTS-Bicycle Safety (Oct -June) (23-6984) Safety Grant PWA, Contract $100,000 Services -Professional 2023-24 16517611-69011 Office of OTS-Bicycle Safety PWA, Reserve $56,000 (July -Sept) (23-6984) Safety Grant Appropriation TOTAL: $156,000 EXHIBIT(S) 1. State of California, Office of Traffic Safety Grant Agreement 2. Charitable Ventures Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 3 10/18/2022 State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PS23007 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2022 To: 09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Public Works Agency 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $156,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Zed Kekula NAME: Kristine Ridge TITLE: Principal Civil Engineer TITLE: City Manager EMAIL: zkekula@santa-ana.org EMAIL: kridge@santa-ana.org PHONE: (714) 647-5606 PHONE: (714) 647-5200 ADDRESS: 20 Civic Center Plaza ADDRESS: 20 Civic Center Plaza Santa Ana, CA 92702 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Kathryn Downs NAME: Barbara Rooney TITLE: Executive Director of Finance & Management TITLE: Director EMAIL: Services EMAIL: barbara.rooney@ots.ca.gov PHONE: kdowns@santa-ana.org PHONE: (916) 509-3030 ADDRESS: (714) 647-5420 ADDRESS: 2208 Kausen Drive, Suite 300 20 Civic Center Plaza M-17 Elk Grove, CA 95758 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) City Council 13-4 10/18/2022 8/25/2022 11:49:22 AM Page 1 of 17 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: KZE9G2M4GRX9 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 20 Civic Center Plaza, Floor 8 CITY: Santa Ana Zip+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $156,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $156,000.00 I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $156,000.00 City Council 13 — 5 10/18/2022 8/25/2022 11:49:22 AM Page 2 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PS23007 1. PROBLEM STATEMENT With a population of just under 330,000, the City of Santa Ana is one of the 14 highest population cities in the state of California. The city is approximately 27.1 square miles and has a large volume of motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also 4 freeways that converge within the city and a total of 450 miles of streets. The City of Santa Ana has a mobility challenge in the community. An analysis of census data that was part of the City's Vision Zero Plan (comparing household size with the number of automobiles per household) showed that 55 percent of Santa Ana's residents do not have access to an automobile. To meet this demand, the City of Santa Ana has been working on developing an ever-expanding bicycle and pedestrian network. In addition, Orange County Transportation Authority (OCTA) bus transit ridership is among the highest in Orange County, with 55 of the 100 busiest bus stops in Orange County within the City of Santa Ana, alone. The city also has a young median age of 29.7 years, and 28 percent of the residents are below 18 years of age. Relative income levels and vehicle ownership within the city are significantly lower than the statewide average. The population's median age is also the youngest of the 7 largest cities in Orange County, and residential density is one of the highest in the state. Transit ridership in Santa Ana is the highest in the county, with several of the busiest OCTA bus lines serving the City. As a result of climate and demographics, the bicycle -dependent population is relatively high when compared to other communities in the county or the state. Also, a significant portion of the city's adult bicyclists may not speak English or understand the rules of the road. This Pedestrian and Bicycle Safety Program aims to increase awareness to ultimately reduce the amount of pedestrian- and bicyclist -related crashes in the city, especially for children walking to and from school. Having been identified as a Federal Highway Administration Focus City, there is an urgent need to make immediate changes in the City of Santa Ana to improve traffic safety for all residents. For this reason, this project is a priority, especially the community. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of pedestrians killed under age 15 in traffic crashes. 6. Reduce the number of pedestrians injured under age 15 in traffic crashes. 7. Reduce the number of pedestrians killed over age 65 in traffic crashes. 8. Reduce the number of pedestrians injured over age 65 in traffic crashes. 9. Reduce the number of bicyclists killed in traffic crashes. 10. Reduce the number of bicyclists injured in traffic crashes. 11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 12. Reduce the number of bicyclists under age 15 injured in traffic crashes. 13. Increase bicvcle helmet usaae. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate in traffic safety fairs and/or community events with an effort to reach 3 individuals. City Council 13 — 6 10/18/2022 8/25/2022 11:49:22 AM Page 3 of 17 3. Work closely with community -based organizations at both the neighborhood and 1 community level with an effort to reach individuals. 4. Participate in the following campaigns: National Walk to School Day, National 4 Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month. 5. Conduct pedestrian and/or bicycle safety presentations at community groups with 4 an effort to reach individuals. 6. Conduct pedestrian and/or bicycle safety courses with an effort to reach 9 community members. 7. Develop a pedestrian and/or bicycle safety program and materials to be adopted 2 as an on -going program in schools with an effort to reach students. 8. Distribute pedestrian/bicycle safety items at no cost to youth or community 1 members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. 9. Develop bicycle and pedestrian safety educational materials to be distributed 1 during classroom presentations, workshops, and community events. 10. Participate in Safe Routes to School coalition meetings. 4 11. Conduct community outreach events with an effort to reach adults. 6 12. Conduct pre and post -grant activities bicycle helmet usage surveys during the 2 months of October (start of the grant) and September (end of the grant). A pre - survey will be required to determine the base year helmet use rate and a post - survey will be required to determine the operational rate. Upload completed survey to GEMS. 13. Distribute and properly fit bicycle helmets at no cost to community members in 600 need, at bicycle rodeos, schools, workshops, and community events. 14. Purchase bicycle helmets. 600 15. Train individuals to be League Certified Instructors. 1 16. Conduct community bicycle rides providing bicycle safety education to promote 4 safe bicycling in the community with an effort to reach bicyclists. 17. Hold quarterly meetings with countywide pedestrian and/or bicycle safety 4 stakeholders to collaborate on events, share best practices, and leverage resources. 18. Conduct community engaged bicycle and/or walk audits at locations identified to 1 have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses". 19. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, 1 grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements • Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 — Program Operations (Throughout Grant Year) Media City CounciT 13 — 7 10/18/2022 8/25/2022 11:49:22 AM Page 4 of 17 The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unahle to attend, Pmail the (ITS Pin and coordinator hrief highlights and/or results, includin Citv Council 13 — 8 10/18/2022 8/25/2022 11:49:22 AM Page 5 of 17 any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in APRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. Task 1 - Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of pedestrian and bicycle safety: • Conduct Pedestrian and Bicycle Traffic Safety Fairs • Conduct Bicycling Basics Classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish. • Conduct Wrench and Ride programs in the City of Santa Ana. All classes will be taught in English or Spanish, with Vietnamese as needed. • Host Build Your Own Skateboard education workshops. Task 2 - Active Transportation Champions Cohort to identify and advance the City's existing pedestrian and bicycle safety infrastructure improvements and non -infrastructure strategies: • Plan and deliver meetings, training and a community roundtable to cultivate a cohort of 10-20 residents who will identify and develop pedestrian and bicycle safety education, encouragement and engagement activities. Cohort activities may be in -person or virtual to account for applicable COVID-19 health and safety restrictions. • Conduct Workshops on quantitative and/or qualitative data collection and crash data analysis. • Conduct a community -engaged Bike Audit/Assessment at location(s) identified to have a high incidence of bicycle fatal or serious injury traffic crashes or "near misses". • Collect bicycle helmet usage surveys. • Conduct Action Planning Sessions with a focus on quantitative and/or qualitative data collection and crash data analysis for walking and biking. • Conduct Stakeholder Engagement Meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, needs and concerns. • Host Community Round Table open house where participants will share/present with their fellow residents and city staff what they've learned through this program. Task 3 - Community Encouragement Activities to support increased walking and biking in the City of Santa Ana: • Create Educational Active Transportation Videos. • Create Active Transportation Resident Story Videos. • Conduct Family Cycling Education Classes. Activities may be in -person or virtual to account for applicable COVID-19 health and safety restrictions. • Conduct iLuces Vivas! Events to help encourage and provide education for walking and riding safely at night. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. City Council 13 — 9 10/18/2022 8/25/2022 11:49:22 AM Page 6 of 17 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. City Council 13 — 10 10/18/2022 8/25/2022 11:49:22 AM Page 7 of 17 State of California - Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PS23007 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMBER (CFDA) 402PS-23 20.600 State and Community Highway $156,000.00 Safety COST CATEGORY FUND NUMBER UNIT COST OR RATE f UNITS l TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime $0.00 Category Sub -Total $0.00 B. TRAVEL EXPENSES $0.00 $0.00 Category Sub -Total $0.00 C. CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education Program - $156,000 402PS-23 $156,000.00 1 $156,000.00 Traffic Safety Fairs and/or Community Events 402PS-23 $0.00 3 $0.00 Bici Basics Courses 402PS-23 $0.00 4 $0.00 Wrench and Ride Courses 402PS-23 $0.00 3 $0.00 Skateboard Education Courses 402PS-23 $0.00 2 $0.00 Data Analysis Community Outreach Workshops 402PS-23 $0.00 1 $0.00 Bike Audit/Assessment 402PS-23 $0.00 1 $0.00 Action Planning Community Outreach Sessions 402PS-23 $0.00 2 $0.00 Stakeholder Community Outreach Meetings 402PS-23 $0.00 2 $0.00 Community Outreach Roundtable 402PS-23 $0.00 1 $0.00 Active Transportation Videos Education Program 402PS-23 $0.00 1 $0.00 Active Transportation Resident Stories Program 402PS-23 $0.00 1 $0.00 Family/Community Bicycle Rides 402PS-23 $0.00 4 $0.00 Luces Vivas Community Presentations 402PS-23 $0.00 4 $0.00 Bicycle Helmets 402PS-23 $0.00 600 $0.00 Pedestrian/Bicycle Safety Items 402PS-23 $0.00 1 $0.00 Category Sub -Total $156,000.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS $0.00 City Council 13-11 10/18/2022 8/25/2022 11:49:22 AM Page 8 of 17 Category Sub -Total $0.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $156,000.00 City Council 13 — 12 10/18/2022 8/25/2022 11:49:22 AM Page 9 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PS23007 BUDGET NARRATIVE PERSONNEL COSTS TRAVEL EXPENSES CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education Program - $156,000 - Santa Ana Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to perform multilingual services such as virtual and on -bike traffic safety education courses, community outreach, bike rides, bike assessment, traffic safety item distribution, and helmet distribution and fitting at community events. Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs. Traffic Safety Fairs and/or Community Events - Cost to include planning, conducting and/or participating in local traffic safety fairs and/or community events. $3,700 x 3 = $11,100 Bici Basics Courses - Cost to include planning and conducting Bicycling Basics Courses, with a minimum of 1 course taught in Spanish. $5,600 x 4 = $22,400 Wrench and Ride Courses - Cost to include planning and conducting Wrench and Ride Courses/Workshops. All classes to be taught in English, Spanish or Vietnamese, as needed. $8,500 x 3 = $25,500 Skateboard Education Courses - Cost to include planning and conducting Build -Your -Own Skateboard Education Courses, including certification upon mastering the safety course. $7,500 x 2 = $15,000 Data Analysis Community Outreach Workshops - Cost to include planning and conducting Data Analysis Community Outreach Workshops as a technical guide on quantitative and/or qualitative crash data collection and analysis of local pedestrian- and bicyclist -involved traffic crashes. $1,850 x 1 = $1,850 Bike Audit/Assessment - Cost to include planning and conducting a community -engaged professional Bicycle Audit/Assessments at location(s) identified to have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses". $2,800 x 1 = $2,800 Action Planning Community Outreach Sessions - Cost to include planning and conducting Action Planning community outreach sessions that will focus on the quantitative and/or qualitative crash data collection and analysis of local pedestrian- and bicyclist -involved traffic crashes. $2,000 x 2 = $4,000 Stakeholder Community Outreach Meetings - Cost to include planning and conducting Stakeholder Engagem concerns a%#Y&eQll9rMh key City of Santa Ana stakeholdl?s-rel�onsible for traffic safe1p4rWr�Z?hents. 8/25/2022 11:49:22 AM Page 10 of 17 $1,900 x 2 = $3,800 Community Outreach Roundtable - Cost to include planning and conducting a Community Roundtable, an open house community outreach session where community participants will share/present what they have learned through the program with fellow residents and City of Santa Ana staff. $2,500 x 1 = $2,500 Active Transportation Videos Education Program - Cost to include developing Educational Active Transportation Videos focused on the city's new active transportation infrastructure, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on -going program in schools. $4,000 x 3 Videos = $12,000 Active Transportation Resident Stories Program - Cost to include developing Active Transportation Resident Stories promoting the city's new active transportation infrastructure using resident testimonials, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on -going program in schools. $5,000 x 2 Stories = $10,000 Family/Community Bicycle Rides - Cost to include planning and conducting Family Cycling Education Classes or community bicycle rides in the city of Santa Ana, with a minimum of 2 events made available for the city's Spanish-speaking community. $4,000 x 4 = $16,000 Luces Vivas Community Presentations - Cost to include planning and conducting iLuces Vivas! community events/presentations to encourage and provide education for walking and riding safely at night. $3,300 x 4 = $13,200 Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. $15 x 600 = $9,000 Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS. $6,850 x 1 = $6,850 EQUIPMENT OTHER DIRECT COSTS INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. City Council 13 — 14 10/18/2022 8/25/2022 11:49:22 AM Page 11 of 17 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS23007 Exhibit A CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The SubgraiCouncil 13 - 15 10/18/2022 8/25/2022 11:49:22 AM Page 12 of 17 • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: o "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will — 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in j lI OunCl`1IdUful IIU IdLUI llldll IIVC UdyJ duel yltll (,� IVIG(IU11, 1 /2022 d. NotiiyWUIN i�ig he agency within ten days after receiving Inotice�� ll��under subparagraph (c��L) from an 8/25/2022 11:49:22 AM Page 13 of 17 employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted — l. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to all subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to ioun ty i 13 — 17 10/18/2022 8/25/2022 11:49:22 AM Page 14 of 17 Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded - (b) HavW'hbPli t liVr'a three-year period preceding this Offi o§21 been convicted of or' Hab%4_4i1frMudgment 8/25/2022 11:49:22 AM Page 15 of 17 rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, incl it ounce 13 — 19 10/18/2022 8/25/2022 11:49:22 AM Page 16 of 17 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to all subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. City Council 13 — 20 10/18/2022 8/25/2022 11:49:22 AM Page 17 of 17 EXHIBIT 2 AGREEMENT TO PROVIDE BICYCLE AND PEDESTRIAN SAFETY OUTREACH SERVICES THIS AGREEMENT is made and entered into this 18th day of October, 2022, by and between Charitable Ventures of Orange County, Inc., as fiscal sponsor for Santa Ana Active Streets ("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 Santa Ana Public Works Agency has been awarded a $156,000 grant from the State of California Office of Traffic Safety (OTS) for a program to address bicycle and pedestrian safety through a series of bicycle safety education workshops and events. The goal of the program is to reduce the number of persons killed or injured in collisions involving bicycles. B. The City desires to retain a consultant to provide such a program. C. Consultant represents that it is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonablybe expected from aprofessio nal consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though fully set forth herein. Consultant may provide such services through the community - based coalition known as "Santa Ana Active Streets" (SAAS). 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $156,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 13 — 21 10/18/2022 3. TERM The term of this Agreement shall commence on the date first stated above and continue through October 31, 2023, unless earlier terminated as set forth in Section 14, 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 manner in which Consultant performs the services required by 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 REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. 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 fiirther 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 rightfiil 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. 2 City Council 13 — 22 10/18/2022 7. 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 orremedy. 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. S. 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 ofthis Agreement. 9. 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. 10. 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. 11. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury andpersonaI & City Council 13 — 23 10/18/2022 advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. • Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code l (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than S1,000,000 per accident for bodily injury and propertydamage. (Not required if Consultant provides written verification it has no vehicles). • Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees). • Sexual Abuse or Molestation (SAM) Liability: If the work will include contact withminors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policycovering Sexual Abuse and Molestation with a limit no less than $250,000 per occurrence or claim and with a limit no less than $1,000,000 per occurrence or claim for organization. (Not required if City staff is present during all activity). If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Instructor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may requirethe Instructor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self -insured retention may be satisfied by either the namedinsured or City. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to he covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to }naive all rights of subrogation against the City,its elected or appointed officers, officials, agents, and employees for losses paid underthe 4 City Council 13 — 24 10/18/2022 terms of any policy which arise from work performed by the Instructor for the City. This provision also applies to the Instructor's Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special Events Coverage for Instructors Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Consultant can obtain additional information and cost from the City. Special or Low Risk Activities City reserves the right to modify these requirements, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 12. 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 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 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 Council 13 — 25 10/18/2022 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. 13. 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, in the manner provided in this Section, to the following persons: To City: Clerk of City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Copies to: Public Works Agency -Executive Director City Hall -Ross Annex -4th Floor 20 Civic Center Plaza (M-21) Santa Ana, California 92702 To Consultant: Charitable Ventures of Orange County 1505 E. 17th Street, Suite 101 Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, t h e 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. City Council 13 — 26 10/18/2022 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and as it maybe amended orupdated throughout the term of this Agreement. C. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office of Traffic Safety: d Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant hinds or other persons or agencies. f. Section 504 of the Rehabilitation Act of 1973 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal hinds 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 Consultant agrees it will ensure that requirements of The Act shall be included in the agreements 7 City Council 13 — 27 10/18/2022 with and be binding on all of its contractors, subcontractors, assignees or successors. g. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. h. 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 fiirther the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". i. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title lI of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. Consultant, and all its contractors (or sub -recipients) 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 CPR chapter 60), as applicable. k. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable. I. Consultant, and all its contractors (or sub -recipients) 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 CPR Part 5), as applicable. 8 City Council 13 — 28 10/18/2022 M. Consultant, and all its contractors (or sub -recipients) 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 CPR Part 5), as applicable. n. Consultant, and all its contractors (or sub -recipients) will comply with all applicable standards, orders or requirements issued under s e ction 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 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 1I, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. P. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570. q. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with fiinding through this Agreement. r. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA or City purpose any work developed through this Agreement. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate 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. 0 City Council 13 — 29 10/18/2022 17. 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. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, Interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 13 — 30 10/18/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �4. M;J;i� Jose Montoya Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: CONSULT Nabil Saba, PE Executive Director Public Works Agency T-ed4Qm COO City Council 13 — 31 10/18/2022 Exhibit A City of Santa Ana — Pedestrian and Bicycle Safety Program — Scope of Work Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of safety. Workshop and classes may be in - person or virtual to account for applicable health and safety COVID-19 restrictions. Task 1a Conduct three (3) Pedestrian and Bicycle Traffic Safety Fairs SAAS will conduct three (3) pedestrian and bicycle Traffic Safety Fairs. Each Traffic Safety Fair will teach participants how to safely, efficiently, and confidently interact with the roadway and traffic. These Traffic Safety Fairs will cover everything from using the different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. SAAS will use a combination of traffic simulations and hands-on training to teach participants how to make safe decisions while walking or riding within the roadway. SAAS will coordinate the execution of these events in appropriate areas of local public parks and/or school grounds. Age -appropriate bicycles will be made available for youth that do not have their bicycle with them. Students that complete both the pedestrian and bicycle section will receive a free bike helmet and lights. Task 1a Deliverable: • Three (3) Pedestrian and Bicycle Traffic Safety Fairs Task 1 b: Conduct Four (4) Bicycling Basics Classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish. Bicycling Basics classes are geared towards new riders to teach them basic skills and give them the confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCls). The target students are people who have never ridden on the road before and/or who have not ridden since childhood. The class is designed to increase bicyclists' safety awareness of common car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a bicycle. This class covers bicyclist rules of the road, basic principles of bicycling in traffic, common hazards encountered by bicyclists and how to deal with them, simple steps to ensure your bike is in good riding condition, and proper helmet fit and adjustment. Each participant will receive a certificate of completion upon mastering the course. Each participant will receive a helmet and bike light if needed. Task 1b Deliverables: Four (4) Bicycling Basics Classes. At least one (1) class will be taught in Spanish. RSVP list and surveys collected from participants Task 1c: Conduct three (3) Wrench and Ride programs in the City of Santa Ana. All classes will be taught in English or Spanish, with Vietnamese as needed Wrench and Ride is a program hosted at The Bicycle Tree in which participants learn about 1 1 P a g e City Council 13 — 32 10/18/2022 Exhibit A bicycle anatomy, bike safety, and maintenance. As part of the program, people select a used bike, which they then repair using the skills they have learned. Participants also receive a helmet, lock, and lights to go with their bike. In addition to attending the Wrench and Ride classes, participants will be encouraged to attend other Bicycle And Pedestrian Safety Outreach Services activities, including active transportation presentations, workshops, and volunteer hours at a BPSOS event. The Wrench and Ride program will prioritize cohorts for women, youth and/or seniors. Task 1c Deliverables: • Three (3) Wrench and Ride Programs • Sign -in sheet and surveys collected from participants Task 1d: Host two (2) Build Your Own Skateboard education workshops Skateboarding is a popular form of transportation, especially among the youth population in Santa Ana. This workshop is designed to increase skateboarders safety awareness of common carlskate collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a skateboard. The target students are people who have never skated before, who have not ridden since childhood, and/or who have limited experience but lack the financial means to obtain a skateboard. This workshop will teach participants about the individual skateboard parts, how they work together; how to skate safely and confidently throughout the city, and end with a group skate on the sidewalk or street. Students will learn to put together a blank skate deck with all its components, learn skating rules of the road, basic principles of skating on the street and on the sidewalk, common hazards encountered by skateboarders and how to deal with them, simple steps to ensure your skateboard is in good condition, and proper helmet fit and adjustment. Each participant will receive a certificate of completion upon mastering the course. The skateboard education workshop will prioritize cohorts for youth, female, queer and/or nonbinary folks Task 1d Deliverables: • Host two (2) Skateboard Safety Workshops • Sign -in sheets Task 2: Active Transportation Champions Cohort: Plan and deliver meetings, trainings, and a community roundtable to cultivate a cohort of 10-20 residents who will identify and develop pedestrian and bicycle safety education, encouragement, and engagement activities to strengthen and advance the City's existing pedestrian and bicycle safety infrastructure improvements and non -infrastructure strategies. Cohort activities may be in -person or virtual to account for applicable health and safety COVID-19 restrictions. SAAS will coordinate and facilitate a series of community meetings for participants to identify education, encouragement, and engagement activities that would help inform and advance the City's pedestrian and bicycle safety improvement efforts. Community workshops will include two 2 1 P a g e City Council 13 — 33 10/18/2022 Exhibit A (2) workshops on quantitative and/or qualitative data collection and collision data analysis for walking and biking; one (1) community -led biking assessments or collection of pedestrian/bicycle counts; two (2) action planning sessions where participants will identify their desired infrastructure and non -infrastructure solutions to address their pedestrian and bicycle safety concerns; one (1) community roundtable where participants will sharelpresent what they've learned in the program to their fellow residents and city staff; two (2) stakeholder engagement meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, concerns, and needs. Task 2a: Data Analysis Workshops - Conduct one (1) workshops on quantitative and/or qualitative data collection and collision data analysis. Task 2b: Biking Assessment - Organize one (1) community -led biking assessment or collection of pedestrian/bicycle counts. Task 2c: Action Planning Sessions - Conduct two (2) action planning sessions. Workshops will focus on quantitative and/or qualitative data collection and collision data analysis for walking and biking. Task 2d: Stakeholder Engagement Meetings - Conduct two (2) stakeholder engagement meetings. Engagement meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, concerns, and needs. Task 2e: Community Roundtable - Host one (1) community round table. The community open house where participants will share/present what they've learned in the program to their fellow residents and city staff. Task 3: Provide community encouragement activities to support increased use of walking and d biking in the City of Santa Ana. Community encouragement activities may be in -person or virtual to account for applicable health and safety COV1D-19 restrictions. Task 3a: Create three (3) Educational Active Transportation Videos The City of Santa Ana has been investing heavily into bike and pedestrian infrastructure for the past eight years.The Educational Active Transportation Videos aim to support and demystify the recent investments by using media tools to educate the public on understanding the new infrastructure or teaching safe mobility habits. The videos could help to demystify active transportation infrastructure's usefulness, the common misconceptions of funding purposes, and educate the broader Santa Ana population. Video ideas include, but are not limited to, how bike and pedestrian projects are connected to broader planning initiatives including the City's Active Transportation Plan, Safe Mobility Santa Ana Plan, Central Santa Ana Complete Streets Plan, and Downtown Santa Ana Complete Street Plans; the issues of wrong -way riding, and how to use a bike lane. Videos will be shared on social media and various channels. 3 1 P a g e City Council 13 — 34 10/18/2022 Exhibit A Task 3a Deliverables: • Three (3) Educational Active Transportation Videos Task 3b: Create two (2) Active Transportation Resident Story Videos With the recent investments in active transportation by the City of Santa Ana, Active Transportation Resident Stories is an opportunity to hear from resident voices about their experience, walking, biking and taking transit and how these new investments have affected their lives. Video ideas may include, but are not limited to, learning about people's experience of traveling on the road; experiences of almost getting hit; what would make the area feel more comfortable to ride/walk. The population that will be prioritized in these videos will be residents whose main form of mobility is as a bicyclist or pedestrian. Videos will be shared on social media and various channels. Task 3b Deliverables: • Two (2) Active Transportation Resident Story Videos Task 3c: Conduct four (4) family cycling education classes in the City of Santa Ana. The class will merge the traditional Traffic Skills curriculum developed by the League of American Bicyclists with the basic skills taught to youth in a bike rodeo. The target population for students is families that seek to ride as a family and give them the confidence to begin riding a bicycle together. Riders will learn the rules of the road for entering traffic at intersections and riding in the street. The class is designed to increase bicyclists' safety awareness of common carlbike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a bicycle.The on -bike training will consist of a family group riding exercise where participants will have the opportunity to test their new skills in a fun, safe, and family -friendly setting. Classes are made available in Spanish as needed. Following each class surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Task 3c Deliverable: • Four (4) family cycling education classes (Flyer with date and time) • RSVP list Task 3d: Conduct four (4) lLuces Vivas! Events to help encourage and provide education for walking and riding safely at night. iLuces Vivas! is an education and night light distribution program intended to provide education and encouragement for riding bikes and walking in Santa Ana safely at night. Our goal is to 4 1 P a g e City Council 13 — 35 10/18/2022 Exhibit A seek out people riding or walking without lights for various reasons, especially those who may not have the means or time to acquire lights on their own. SAAS and community partners will organize iLuces Vivas! to meet for five (5) street distributions at undisclosed locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is expected to be high and where the City has seen a history of incidents involving bicyclists and pedestrians at night. iLuces Vivas! members will provide bilingual education and encouragement activities to support the safety of pedestrians and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the OTS Buy America requirements. The number of units are reflected in the agreed upon budget. It is expected that 50-100 light sets and/or helmets will be distributed at each event, depending on expected bicyclist and pedestrian volume. Our goal will be to distribute all the lights and helmets allocated for each event. Task 3d Deliverable: Four (4) iLuces Vivas! Events (Flyer with date and time) 5 1 P a g e City Council 13 — 36 10/18/2022 EXHIBIT B Task # Task Item Quantity Unit Cost Total Cost Traffic Safety 1a Fair 3 $3,700 $11,100 1b Bici Basics 4 $5,600 $22,400 Wrench and 1c Ride Program 3 $8,500 $25,500 Skateboard Education 1d Workshops 2 $7,500 $15,000 Data Analysis 2a Workshop 1 $1,850 $1,850 Bike 2b Assessment 1 $2,800 $2,800 Action Planning 2c Sessions 2 $2,000 $4,000 Stakeholder Engagement 2d Meetings 2 $1,900 $3,800 Community 2e Roundtable 1 $2,500 $2,500 Educational Active Transportation 3a Videos 3 $4,000 $12,000 Active Transportation 3b Resident Stories 2 $5,000 $10,000 3c Family Cycling 4 $4,000 $16,000 3d Luces Vivas 4 $3,300 $13,200 Materials Helmets 600 $15 $9,000 Bike Safety Equipment 1 $6,850 $6,850 Total Budget $156,000 8/18/2022 City Council 13 — 37 10/18/2022 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 14 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Security Guard Services at Various City Sites AGENDA TITLE: Approve an Agreement with Lyons Security Services Inc. to Provide Security Guard Services at Various City Sites in an Amount Not to Exceed $15,035,621, plus a $3,007,125 contingency, for a total Amount Not to Exceed $18,042,746 for a Three -Year Term (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Lyons Security Services, Inc. to provide unarmed and armed security guard services at various City sites, in an amount not to exceed $18,042,746, which includes a contingency of $3,007,125, for a three-year term beginning November 1, 2022 and expiring October 31, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION In an effort to provide a safe environment for the public and City staff, the City maintains contracted security guard services at the Santa Ana Regional Transportation Center (SARTC), City Hall, Main Library, Newhope Library, City Yard, Santa Ana Zoo at Prentice Park, WORK Center, Garthe Water Station, South Water Station, various park sites, and Park Patrol. The current contract for security guard services expires on November 30, 2022. On February 9, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-026, seeking the services of qualified firms to provide armed and unarmed security guard services. To continue providing a safe environment for the public, the City enhanced the existing scope of security guard services by adding armed guard services at certain locations. At this time, SARTC, City Hall and the Park Patrol will have an armed supervisor for these assignments. The City has the discretion to add armed guard services in other locations, as needed. In an effort to retain a consistent security team for the duration of the agreement, an annual Consumer Price Index (CPI) increase will take effect on July 1. City Council 14 — 1 10/18/2022 Security Guard Services at Various City Sites October 18, 2022 Page 2 The RFP was advertised on the City's online procurement management and publication system, with proposals due on March 21, 2022. Ten proposals were received and evaluated by a selection committee made up from members of the Human Resources, Parks, Recreation and Community Services, Library, Police and Public Works Agencies. Based on criteria outlined in the RFP, the top five ranking firms were invited to an interview and the top three firms were invited to a second interview. The interview allowed the potential firms to highlight their proposal and answer any questions from the evaluation committee. Below is a list ranking the firms based on the final evaluation of the proposals and interviews. Firm City Rank Lyons Security Service, Inc. Anaheim 1 Good Guard Security, Inc. Orange 2 Absolute International Security, Inc. El Monte 3 American Guard Services, Inc. Los Angeles 4 Servexo Protective Services Gardena 5 Allied Universal Security Services Santa Ana 6 Patrol Solutions Santa Fe Springs 7 Command International Security Services Van Nuys 8 Inter -Con Security Systems, Inc. Pasadena 9 E.S.P. Pros Santa Rosa 10 The proposal submitted by Lyons Security Services, Inc. was thoroughly responsive to the RFP. Staff recommends entering into an agreement with Lyons Security Services, Inc. (Exhibit 1). Lyons Security is highly qualified, reputable, and has proven experience with similar contracts, as demonstrated by its municipal service contracts with the City of Anaheim and the City of Orange. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The following table summarizes the funds budgeted and available for expenditure on security services provided by the agreements in Fiscal Year 2022-23 (November -June): Fiscal Accounting Unit Fund Accounting Unit - Year - Account No. Description Account No. Total (Project No.) Description 2022-23 Regional PWA-SARTC (Nov -June) 06717650-62300 Transportation Operations, Contract $417,498 Center Services -Professional City Council 14 — 2 10/18/2022 Security Guard Services at Various City Sites October 18, 2022 Page 3 Fiscal Accounting Unit Fund Accounting Unit - Year - Account No. Description Account No. Total (Project No.) Description 2022-23 City Yard City Yard Operations, (Nov -June) 08517138-62300 Operation Contract Services- $134,992 Professional 2022-23 Library Administration, (Nov -June) 01111110 62300 General Fund Contract Services- $130,416 Professional Water Utility 2022-23 06017640-62300 Water Fund Production & Supply, $284,544 (Nov -June) Contract Services - Professional Workforce One Stop Program, 2022-23 12318751-62300 Innovation and Contract Services- $45,760 (Nov -June) Opportunity Professional Act Park Maintenance Service 2022-23 01117651-62320 General Fund Enhancement, $1,494,314 (Nov -June) Maintenance and Repair Buildings and Ground PRCSA- Service 2022-23 01113017-62300 General Fund- Enhancement, $96,096 (Nov -June) Measure X Contract Services - Professional 2022-23 Building Building Maintenance, (Nov -June) 07317100-62300 Maintenance Contract Services- $398,528 Fund Professional TOTAL $3,002,148 Funds will be budgeted annually in future fiscal years through the duration of the agreement. EXHIBIT(S) 1. Agreement with Lyons Security Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 3 10/18/2022 EXHIBIT 1 AGREEMENT WITH LYONS SECURITY SERVICES TO PROVIDE SECURITY GUARD SERVICES AT VARIOUS CITY SITES THIS AGREEMENT is made and entered into on this 18' day of October, 2022 by and between Lyons Security Services, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 9, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-026, by which it sought the services of qualified firms to provide armed and unarmed security guard services. B. Contractor submitted a timely and responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-026. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall 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 Exhibit A, attached hereto and incorporated by reference. Contractor's proposal shall be incorporated as though fully attached hereto. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $18,042,746. The total here includes a base amount of $15,035,621 and a contingency amount of $3,007,125 for additional services directed at the sole discretion of the City. b. Beginning on July 1, 2023, the rates and charges detailed in Exhibit B are subject to a Consumer Price Index ("CPI") increase of up to 5%. Such increases shall take effect annually on July 1 st for the remainder of the term, including any extensions defined in Section 3, below. Any increase to the rates and charges, beginning on July 1, 2023, f9 City Council 14 — 4 10/18/ 22 and every year thereafter, greater than this CPI amount, or any increase to the Compensation amount in Section 2.a., is subject to approval by the City Council for the City of Santa Ana. c. 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 November 1, 2022 and continue for a three-year term until October 31, 2025 with the option for the City to grant up to two (2) one (1) 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 Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the 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. f9 City Council 14 — 5 10/18/ 22 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. f9 City Council 14 — 6 10/18/ 22 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Z Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f9 City Council 14 — 7 10/18/ 22 Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. f9 City Council 14 — 8 10/18/ 22 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. f9 City Council 14 — 9 10/18/ 22 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and f9 City Council 14 — 10 10/18/ 22 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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, 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 Contractor: Lyon Security Services, Inc. 505 S. Villa Real Dr. Suite 203A Anaheim, CA 92807 Attn: Nicholas Guidice, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. f9 City Council 14 —11 10/18/ 22 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Nicholas Guidi e, CPP President f9 City Council 14 — 12 10/18/ 22 EXHIBIT A City Council 14 — 13 10/18/2022 EXHIBIT A SCOPE OF SERVICES 1. General Conditions Contractor shall furnish all necessary labor, supervision, uniforms, and equipment in accordance with the provisions, terms and conditions set forth in this RFP. 2. License and Permits Contractor and assigned personnel shall possess all licenses and permits required by the California Department of Consumer Affairs, Bureau of Security and Staffing requirements for each site are provided in Exhibit B Staffing Schedules. 3. Security Guard Minimum Qualifications City staff will review the qualifications of the guards assigned to the respective sites. The City reserves the right to disapprove Contractor personnel assigned to this contract. The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager. Security guards are required to meet the minimum qualifications listed below prior to their initial assignment. Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor's place of business. Failure to do so may result in the termination of the contract and subsidiary contracts. (a) Education- Guards must possess a high school diploma or G.E.D. equivalent and must have the ability to speak, read, and write the English language, understand and carry out oral and written directions, think and act quickly and effectively in emergencies, and write accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location) (b) Experience- Guards assigned to work under this Contract must have had prior security guard experience of relevant nature. (c) Knowledge/Skills- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal. Guards must have the ability to construct and write clear and accurate detailed reports. (d) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Consumer Affairs while assigned to the City contract. Temporary guard cards are not acceptable. (e) Drug Testing- All guards shall successfully pass a pre -employment drug screening examination within six (6) months of their assignment. Drug testing will be arranged for the guards by the Contractor at its own expense prior to assignment at any City facility. (f) Background Check- Contractor shall certify that all personnel have successfully City Council 14 — 14 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 15 passed a criminal background check prior to assignment to any City facility. (g) Training- Guards are required to have received training in First Aid and CPR, with current certification, as well as training in security and emergency procedures, crowd control, and public relations. First Aid and CPR training will be arranged for the guards by the Contractor at its own expense prior to assignment to any City facility. (h) Physical/Mental Qualifications- Guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Medical examination of guards to assure their physical fitness shall be conducted at the Contractor's expense, prior to the initial request for clearance and annually thereafter. (i) Performance- Substandard performance of any kind will not be allowed. The City reserves the right to refuse or reject any assigned guard, who, in the City's belief, fails to meet the minimum requirements as set forth in this Contract. Q) Driver's License- Guards must possess and carry in their possession while on duty a valid California Driver's License issued by the CA Department of Motor Vehicles. (k) Probationary Period- New guards assigned to the City contract will be placed on a six-month probationary period during which time their skills will be assessed periodically by both Contractor and City staff. To ensure satisfactory completion of the probationary period, City staff, at his/her discretion, may require a written exam and/or oral review. 4. 24-Hour Communications Capability Contractor shall maintain a 24-hour communication center. Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers. 5. Uniforms and Equipment Contractor shall provide uniforms to employees who are assigned to work on the contract at no additional expense to those employees or the City. Uniforms shall include winter jackets and rain gear. Uniforms shall bear a patch identifying the Contractor. Uniforms are subject to City approval. Pictures of Contractor uniforms are to accompany Contractors RFP response. Uniforms shall consist of the following items, unless an exception is required, or approved in writing by City: (a) Trouser — Navy or Black; (b) Shirt/blouse —Gray or light blue; (c) Alternate Shirt — Black or White Polo (as requested and approved by City); (d) Belt — Solid Black, basket weave; (e) Tie — Solid Black (as needed); (f) Tie bar — Gold in color (as needed); (g) Socks — Solid Black or Navy Blue; (h) Shoes — Solid Black, leather, Military Type (low laced, plain toed oxfords, with smooth finish); (i) Shoulder patches, as required by California Business and Professions Code 7582.26(f), on both arms of uniform shirt/blouse and jacket; Q) Rain gear (as needed); (k) Name Tags; City Council 14 — 15 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 16 (1) Jacket, with appropriate shoulder patches, as appropriate to weather conditions — Navy or Black (as needed); and (m) Photo Identification Badge, with name, to be in the immediate possession of employee, and not visibly displayed while on duty. (n) Personal Protective Equipment (PPE) (as requested and approved by County), includes but is not limited to: cloth face coverings, surgical masks; goggles or face shields; and other PPE required by public health orders. 6. Supervision Supervision of assigned personnel shall be provided daily, 7 days a week, as assigned. The Supervisor shall be available to meet with City staff when requested. Supervisors shall conduct on -site inspections of assigned personnel at least twice per week. Supervisors shall have prior security experience, know and understand the operational aspect of the security business, be an appropriate role model, and have an ability to teach, guide and direct effectively. Supervisors shall employ measurable performance criteria in their evaluation of employees. It is desirable to have supervisors emerge from within the ranks of those assigned to the contract. This achieves continuity and assures the experienced security guards are at the forefront of protecting the City's employees, clients and assets. City Hall, Main Library and the SARTC each require an on -site supervisor to manage the guards assigned to these locations. 7. Training Contractor shall provide the following training at no additional expense to the City. (a) Training of newly assigned guards: Contractor will be expected to provide up to eight (8) hours of training to newly assigned guards at the City facilities. At SARTC, three (3) full days of on -site training is required. (b) Training of substitute guards: Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed. (c) Refresher training: Refresher training shall e provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties. The refresher training shall address any issue brought to the Contractor's attention by the City staff, who is requesting the refresher training. (d) Health and safety orders: Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal -OSHA (California -Occupational Safety and Health Administration). 8. Registered Personnel Contractor shall keep records that ensure all assigned guards have received their training, registrations and permits as required by State and local authorities. Additionally, Contractor shall ensure that all guards timely renew their training, registrations and permits as required by State and local authorities. The City may inspect such documentation at any time upon request. 9. Post Orders (Duties) and Operating Procedures City Council 14 — 16 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 17 Prior to staffing an account, Contractor shall provide the following at no addition expense to the City. (a) Meet with Management and/or City staff at each facility and review current security guard post orders (duties) and operating procedures; (b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing; (c) Hold an orientation/training meeting with assigned personnel, at which time they shall be given a written copy; and; (d) Provide a written copy to Project Manager Contractor shall establish a specific set of post orders and operating procedures for each facility. This post order and operating procedures shall be completed within ten (15) days following the contract start date. Contractor shall not seek additional monies from the City for establishing the post orders and operating procedures. 10. Review of Post Orders, Procedures and Performance Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures. Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written copy. 11. Appearance and Grooming Assigned personnel shall arrive at work well groomed, in a professional manner, and in the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessorize their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture. 12. Responding and Reporting In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractor will not place themselves in danger by confronting dangerous individuals. 13. Guard Duties (general) Typical duties of the security guards assigned to the City facilities include, but are not limited to, the following: • Making rounds of inspection to determine that fences, gates, doors and windows are properly closed and/or locked or otherwise properly secured. • Check -in with a Guard Tour -like system to ensure the entire site is monitored frequently and on a regular basis. • Investigating unusual or suspicious conditions or activities. • Preventing trespass on, damage to, or theft of City property. • Inspecting parking areas. City Council 14 — 17 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 18 • Enforcing security regulations. • Interacting in a professional manner with the public. • Assist the public with directions when needed. • Be a visible presence in the gate entrance area. • Responding to building alarms. • Ensuring gates and fences are closed on the weekends when most City facilities are closed. • Notifying appropriate City personnel and local authorities when emergencies occur. • Respond to request by City facility site management. • If need be, occasional assistance with crowd flow. • Report any unsafe or dangerous conditions or circumstances to City facility site manager. 14. Cooperation with Law Enforcement Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Metrolink Police, Amtrak Police and the Department of Homeland Security. 15. Incident Reports Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management. 16. Additional Personnel Contractor shall provide additional personnel upon twenty-four (24) hours advance notice at the contracted rate. Contractor shall assure the City that Contractor will maintain a reasonable number of trained backup personnel ready to assume assignment upon request by the City. City Hall location, on occasion, might require additional guard services with shorter lead time. 17. Schedule Changes City reserves the right to make schedule changes upon forty-eight (48) hour advance notice to Contractor. Schedule changes shall not affect the billing rate agreed upon. 18. Double Shifts Contracted security guards shall not work more than twelve (12) hours in any twenty-four (24) hour period. 19. Overtime The City will pay for only that overtime it authorizes. The City will pay Contractor a rate of one and one-half times the normal billing rate for each person assigned to work overtime. Request for additional services shall be billed at the normal base rate. 20. Recognized Holidays Below are the City observed holidays. Security coverage on holidays will vary by facility. See site specific scope located on pages 21-45. New Year's Day City Council 14 — 18 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 19 Martin Luther King, Jr.'s Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Last working day before Christmas Day Christmas Day 21. Over -fills Over -fills occur when Contractor supplies too many guards, guards for longer periods than required, or guards of a higher level of pay than agreed upon between the Contractor and the City for a particular site. The City will pay for only those services requested and agreed to. 22. Short -fills Short -fills occur when Contractor supplies unqualified personnel for the site assigned. City reserves the right to refuse Contractor's personnel not in compliance with the contract. Overtime will not be paid to Contractor to compensate for shortage of personnel. 23. Shortfalls Shortfalls occur when the required security services are not supplied at any post or work site. The City will pay for only the actual time worked. If a security guard arrives late for work or leaves early for any reason, those hours will not be paid. The absence of a security guard at a post or work site without replacement constitutes a shortfall for a portion of a shift and a proportional reimbursement shall be given on the invoice. Note: The City may request a "service credit" for any shortfall (See "Service Credit" provision below.) 24. Double Banking Whenever it becomes necessary to assign or reassign an individual to a post for the first time, Contractor shall arrange, at its own expense, to have the new individual "double bank" with an experienced employee prior to having the inexperienced individual take over any post on his or her own. Contractor shall bear the associated expense for this double banking. 25. Excessive Turnover Excessive turnover of guards will not be tolerated and may be cause for termination of the contract. Turnover of assigned personnel at any City facility shall not exceed one hundred percent (100%) in 30 to 90 days. Contractor shall provide a list of all personnel assigned at the start of the contract, and shall provide semi-annually, an updated list specifically identifying the personnel that have been added and personnel that have been removed from each site. 26. Performance Poor performance will not be tolerated. The City reserves the right to refuse or reject any person City Council 14 — 19 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 20 assigned under the contract either with or without cause. 27. Service Credit Contractor guarantees that security guards assigned to the City facilities will report on time, fit for duty, in proper uniform, and properly instructed, oriented, and supervised. Contractor guarantees that service requirements will be identified and will receive proper response. Contractor will communicate regularly (at least once a month) with City facility site management. If at any time Contractor fails to provide any services agreed, Contractor shall issue a "service credit" to the City. A "service credit" for each incident of failure shall be a minimum of one (1) complete security guard work shift or eight (8) times the hourly rate charged by the contractor. Such credit shall be issued in the form of a credit on the next available billing. Service Credit is to be paid in addition to any deduction for hours not worked. A. SPECIFIC REQUIREMENTS The City of Santa Ana requires professionally trained armed security guards to operate at the following locations: 1. City Hall, located at: 20 Civic Center Plaza, CA 92701 2. The Santa Ana Regional Transportations Center, located at: 815 N Santiago St, Santa Ana, California 92701 Note: The City reserves the right to add or delete departments to the contract at any given time. Contractor shall service the additional locations at the same cost as contracted for the above locations. The primary functions of the armed security guard include the following: 1. Observe and report any unusual or suspicious activities and; 2. Respond to emergencies or other disturbances that occur at or on Probation property. Contractor must be able to fully staff and deploy qualified personnel to City sites in an organized and efficient manner on the contract start date. Contractor shall respond to emergency service requests within one hour of request and respond to non -emergency service requests as soon as possible or no later than the following day. Contractor shall be capable of responding to all service requests within the specified timelines. In case of an emergency or unusual event, all employees of Contractor shall be subject to the direction of the City Manager, Santa Ana Police Department, Facility Manager and/or first available Manager on -site. 1. Personnel Qualifications: Due to the high visibility of the armed security guard position, the City requires a high degree of stability in the security force posted. City Council 14 — 20 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 21 a. Any armed security guard(s) assigned to the City shall have a minimum of four years' experience working as an armed security guard. b. Every armed security guard assigned to this contract must possess and maintain through the life of this contract a current "Guard Card" and a State of California firearm permit to legally carry a gun while on duty. If known at time of bid submittal, Bidder may include copies of current Guard Cards for proposed staff with proposal. However, prior to contract award, guard cards for all proposed staff shall be submitted. C. All armed security guards assigned to County facilities must pass and maintain to the satisfaction of SAPD criminal background check. (1) It is the Contractor's responsibility to conduct a thorough criminal background check on all armed security guards assigned to any City facility to ensure that no guard has a criminal record. (2) Armed security shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources process. Consultant shall be responsible for all charges associated with fingerprinting. (3) A copy of the written verification that the armed security guard has passed the Contractor's background checks must be provided to the Department's Facility Manager prior to assignment at the facility. (4) If known, Bidder may provide the names of the proposed staff with their qualifications. This may be resume format (business addresses are sufficient, home contact information for staff should not be provided). If awarded the contract, such documentation and verification is an ongoing requirement for all replacement staff of the successful Bidder. d. Prior to submitting replacement staff, Contractor shall provide City with a copy of the written verification that the replacement armed security guard has passed the Contractor's background checks. e. The City has the right to decline the Contractor's placement of armed security guards whom the City may deem to be unsuitable for the assignment. The Contractor agrees that staff placements will be mutually acceptable to the City and the Contractor. f. The City has the right to perform random audits of armed security guards to ensure compliance with Federal, State, and Local laws. 2. Staffing/Personnel Responsibilities: The staffing requirements vary from nine hours per day to 24 hours per day, 7 days per week, and 52 weeks per year. The positions may require split shift coverage for lunch and overtime since they exceed eight hours per shift. Contractor shall City Council 14 — 21 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 22 provide additional personnel to cover morning and afternoon breaks, lunch breaks, vacation, sick time, and other leaves as required. In the event an armed security guard is unable to perform his/her duties during a shift due to illness, injury, or other reasons, the Contractor shall provide a replacement armed security guard within one hour from the time the post is vacated. The armed security guard's primary duty is to observe and report. In addition to duties outlined under site specific scope of services below (Exhibit A), the duties and responsibilities of armed security guards shall include, but not be limited to, the following: a. Maintain a high level of visibility at all times as a deterrent. b. Interact with all clients and visitors in a respectful, courteous, and dignified manner. C. Greet the public, answer simple/basic questions, and notify departments of visitors. d. Have visitors sign in and out on the daily Visitors Log, and issue visitor badges, as required. e. Greet and question unescorted visitors who may be in unauthorized areas. Perform a sweep of each floor, stairwell, and public restrooms at the beginning and end of each shift to deter loitering and ensure all visitors or clients have exited the building by or before close of business. g. Secure all doors and access points around the perimeter of the building at the beginning and end of each shift at 20 Civic Center Plaza, Santa Ana, CA and as requested for 815 N Santiago St, Santa Ana, CA. This includes locking and unlocking public entrances at the beginning and end of each shift at locations where applicable. Report any elevator malfunctions or fire panel alarms to building facility manager(s). Observe and enforce the County's "No Smoking" rule which states, "No Smoking Within 25 feet of Entryways". Inform relief armed security guards of any special situations or instructions prior to vacating post. Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on County property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited. Limit telephone calls to business or personal emergencies. City Council 14 — 22 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 23 M. Be familiar with the Public Address (PA) system at 20 Civic Center Plaza, Santa Ana, CA and for 815 N Santiago St, Santa Ana, CA. The City shall provide initial training on this system to Contractor. Contractor shall be responsible for subsequent training of any staff assigned to the post. Armed security guard shall screen visitors, make contact with the person to be visited or the department receptionist, and announce that a visitor is waiting in the lobby. Generally, the armed security guard does not escort the visitor to the employee's office, but shall direct the visitor to the proper location. o. Prevent journalists from proceeding into unauthorized areas. (1) Contact the Facilties Manager immediately to report the media's presence in the building. (2) Recognize that journalists have a right to request entrance to a public building. (3) Disallow journalists from disrupting or interfering with work in progress or forcing an interview with clients or County employees who do not wish to provide statements. (4) Disallow use of video or audio, equipment or recording devices of any kind, unless approved by the Facilties Manager. P. Assist City employees with defusing arguments or disturbances with the public, whether it is inside or outside the City office. (1) Threatening situations shall be reported immediately to local authorities by calling 9-1-1, the Officer of the Day (OD) or first available supervisor, and the Facility Manager. q. Armed security guards may be asked by City staff to assist with a difficult client or to escort individuals to their vehicles. (1) Armed security guards who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility. Armed security guards may be asked by City staff to deny access to specific individuals who have been deemed potentially violent (a former employee, family member, or client who may have threatened a City employee or has displayed a potential for violent or disruptive behavior). (1) Armed security guards shall notify the local authorities immediately by calling 9-1-1 if the individual exhibits behavior that could be violent or disruptive. City Council 14 — 23 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 24 Enforce the rule forbidding weapons and/or contraband from being brought into City buildings. Weapons and/or contraband are not allowed onsite at City facilities (with the exception of weapons worn by armed security guards as required under this RFP, Sheriff's Deputies/personnel, other law enforcement officers, Probation Officers, Welfare Investigators, etc.). If contraband or weapons are discovered during a search or screening for weapons, those items shall be confiscated by the Security Guard. The Security Guard shall contact the Officer of the Day or the first available unit supervisor. When the suspect is turned over to the peace officer, the peace officer shall be notified of the discovered item. 3. Contractor's armed security guards and other agents or representatives of Contractor shall not: a. Lock or unlock public entrances outside of duty hours unless authorized by a Security Guard(s) Supervisor or a Facility Manager. b. Sit on desks, cabinets, tables, or rest feet on desk tops or open desk drawers, etc. C. Possess or use illegal substances, alcohol, or marijuana on the job. Security guards under the influence of alcohol, marijuana, or illegal drugs while on duty will be promptly dismissed and guard shall not be reassigned to any other County facility. d. Engage in excessive fraternizing with City staff, visitors, or clients. Excessive fraternizing disrupts and distracts guards from their primary duties. e. Converse privately with acquaintances or personal visitors while on duty. Armed security guards shall utilize their breaks and lunch periods for such interactions. f. Read books, magazines, or newspapers while on duty. g. Accept any gifts or gratuities from County staff, clients, or visitors. Occupy their personal vehicles while on duty. Armed security guards shall be on post for the entire duration of their shift with the exception of breaks and lunch. Contractor shall provide relief staff to cover the post during lunch and breaks. (1) Multiple complaints against a security guard with or without confirmation of extenuating circumstances shall be grounds for discharge. Rude or offensive behavior toward clients, visitors, or County staff will not be tolerated. Willful disregard of orders from the Security Guard Agency or County management personnel will be cause for removal from duties. City Council 14 — 24 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 25 Allow suspicious packages or objects to be left unattended at any time in the lobby of the building or near the post. In the event of a bomb threat, the security guard shall gather as much information as possible (such as time, names, location, statements from witnesses), and convey this information immediately to local authorities via 9-1-1, the Officer of the Day or first available supervisor, and the Facility Manager. If evacuation is ordered, the armed security guard(s) shall assist with the evacuation of all building occupants in an orderly and safe manner. (1) The armed security guard shall notify authorities of anything suspicious or out of place that has been observed. If a suspicious object is located, the security guard shall take the following additional precautions: (a) Do not touch, move, or disturb the object; (b) Do not use a pager, radio or cellular phone near the suspicious object, since these may detonate some explosive devices. Exercise caution and advise others not to use pagers, radios or cellular phones near the facility; (c) Get a detailed description of the object, including but not limited to the shape, size, height, width, color, and any visible markings; (d) Note the exact location of the object, including but not limited to floor number, room number, location within the room; (e) Cordon off the area and deny re-entry; and (f) If requested by the Facility Manager, another City manager, the 9-1-1 operator, and/or the local authorities, begin clearing all persons from the immediate vicinity in a safe and orderly manner. 4. Contractor Supervisor/Liaison: Contractor shall designate a permanent member(s) of its management staff, at no additional cost to the City, to act as a supervisor(s) or liaison officer(s) between designated City of Santa Ana personnel and the armed security guards. a. Contractor shall provide the name, telephone number, pager or cell phone number, facsimile number, email address and office address of the designated security supervisor(s) or liaison(s) to the City's Facility Manager for the site location. b. Contractor shall provide updated information to the Department's Facility Manager for all replacement security supervisors and/or liaisons for the duration of the contract. City Council 14 — 25 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 26 C. The supervisor(s) or liaison officer(s) shall be available on an on -call basis via pager or cell phone to the security guards and designated City staff. The supervisor shall be centrally located to City Offices in order to supervise and monitor the guards and to ensure satisfactory performance of armed security guards services. d. The supervisor(s) or liaison officer(s) is responsible for, but not limited to, the following: (1) Work with designated City management personnel or building staff to ensure a high standard of courteous and professional security service which is sensitive to the needs of the City staff, clients, and visitors. (2) Supervise the security guards at the posts within the facility; be available for frequent on -site supervision, at a minimum of once per week. (3) Familiarize each security guard with the City internal communication system and any other City policies that affect the public. This information will be provided by the City to the Contractor. (4) Develop or review written standing Post Orders with an emphasis on the needs of the Department and as specified by City management staff. Written Post Orders for the Probation location assignment shall be completed and approved by the supervisor(s)/liaison(s) and the City within 15 business days after the contract start date. (5) Review Post Orders for revisions and updates with the Facility Manager at least twice a year at agreed upon dates each year. Contractor will re -issue newly revised Post Orders within one month of completion and will review the changes with each guard (including new hires/replacement and substitute security staff during vacations, sick leave). (6) Respond within two hours or less to requests from City management staff for follow-up with appropriate action and/or recommendations on any incidents or complaints involving security guards employed by the Contractor(s). (7) Keep City management staff apprised of security issues which affect the safety of the staff, employees, and visitors, and make appropriate recommendations for improvement. (8) Promptly report any unusual events or emergencies (such as an accident, hostile client or employee, illegal weapon, bomb threat or theft) to the Officer of the Day, first available supervisor, and Department's Facility Manager. These incidents shall be followed by a written report submitted to the Facility Manager within 24 hours City Council 14 — 26 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 27 of the incident or event. Bidder shall include within its proposal a sample incident report. (9) Investigate all complaints received about the security guard(s), report findings, and inform City facility or management staff of remedial action(s) taken. (10) Ensure that incident reports and other written documentation requested are forwarded to the appropriate City management staff member within the time specified. 5. Employee Conduct: Contractor and all assigned staff members, including but not limited to guards, supervisors, liaisons, and account manager, shall be held to the highest level of professionalism throughout the life of any contract awarded as a result of this RFP. a. Proper conduct is expected of Contractor's personnel at all times. This includes adhering to no -smoking ordinances, the City's drug -free work place policy, not using alcoholic beverages, and courteous treatment of employees, clients, and visitors. b. City has the right to dismiss any Contractor's employee who does not, in the County's discretion, properly conduct himself/herself or perform quality work. C. Contractor and contractor's staff shall not use cameras, camera phones, computers, tablets, and/or comparable devices while on post. Recordings of any kind, including photos, audio, and/or video recordings are strictly prohibited. The City of Santa Ana and/or other City Offices' shall not be the subject posted on any social media sites. d. It is the Contractor's responsibility to conduct a thorough criminal background check on all armed security guards assigned to any City facility to ensure that no guard has a criminal record. A copy of the written verification that the guard has passed the Contractor's background checks must be provided to the City Department's Facility Manager prior to assignment at the facility. 6. Training and Certification: a. The armed security guards assigned to the City of Santa Ana City Hall and SARTC shall have completed the required mandatory 40-hour skills training course and elective eight -hour Certification Course in Firearms Training as regulated by the State of California Bureau of Security and Investigative Services (BSIS), Division 7 of Title 16 of the California Code of Regulations, Article 9, Skills Training Course for Security Guards. (1) Security Guard companies or agencies must provide written proof, to City management or Facility Manager, of a security guard's certificate of completion (or evidence of completion of the required hours as set forth in the above paragraph) of the mandatory and City Council 14 — 27 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 28 elective training administered by a private patrol operator or by a certified training facility. b. Training protocols outside of the BSIS State of California Bureau of Security and Investigative Services. a. Contractor shall provide and maintain a training development program to include de-escalation training to every armed security guard. b. Contractor shall make training records available to include firearm certifications. C. Additional replacement or relief security guards provided by the Contractor shall be of the same caliber and possess the same training as the regularly assigned security guard(s). d. All relief armed security guards (covering for vacations, sick leave, or other absences) shall be trained and familiar with the procedures, duties and responsibilities required of the regularly scheduled security guard(s). 7. Uniforms and Equipment: a. Security guards are to be dressed in appropriate uniforms that comply with the "name and patch" requirements. Uniforms are to be neat, clean, pressed, and lint free. Uniforms are to include dress or leather work shoes that are clean, in good repair and color coordinated with the uniform. NO tennis or athletic shoes are permitted. b. Guards shall be easily identifiable as non -City employees and are to wear, at all times, a company name badge or patch and a name plate securely fastened and worn in full view to be seen at a minimum view of three feet. C. Guards are required to carry handguns and handcuffs. It is preferred that they carry secondary defensive weapons as well, which can include batons, and/or mace. d. Contractor shall provide armed guard staff with two-way communication devices, such as radios, for use while on post. The devices must be approved by the City. B. DELIVERABLES / REPORTS 1. Daily Activity Report: Contractor shall require security guard(s) to maintain a Guard's Daily Activity Report (DAR) of all activities during each shift for the entire term of the contract. The Contractor(s) will provide copies of these reports or a summary of the activities to City management on a monthly basis. 2. Incident Reports: City Council 14 — 28 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 29 For any incident occurring during a post assignment, armed security guard(s) shall be required to complete the City's Incident Report form. The Contractor's Incident Report format may be used if pre -approved by the City Department's Facility Manager. Incident reports are to be completed for events including but not limited to the following: a. The guard witnesses a crime or other type of unusual or suspicious activity; b. An arrest is made; C. Building staff or personnel specifically requested security assistance or intervention; d. Any person refuses or is unwilling to comply with a reasonable request or direction given by the security guard; e. Any and all injuries, regardless of whether or not medical attention was required. f. Verbal and/or physical assaults; g. Seizure; h. Loss of consciousness; and i. Death. Incident reports must be in English and are to be clear, concise, and factual. Reports are to be printed or typewritten and are to include the following information: j. Name(s) of the person(s) involved in the incident; k. Location of the incident; I. Exact time and date of the occurrence; M. Description of the event(s); n. List of any injuries incurred and by whom; and o. Emergency services or other agencies called. These types of incidents shall include, but not be limited to the following situations: (1) Any damage occurring on or near City property; (2) Any theft or burglary, attempted or otherwise, occurring inside or outside of the City facility; (3) Police or other law enforcement activities on or near the City's property; City Council 14 — 29 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 30 (4) Fire Department activities on or near the City's property; (5) Any incident involving a weapon, including incidents requiring the use or display of the security guard's firearm other than normal visibly holstered status. 3. Other Reports: The Security Guard Company shall establish an account for the City of Santa Ana. The City shall receive a monthly statement for armed security services to include the following information: a. Itemization and summary of the amount due, date, location, department name and Purchase Order number; and b. All unpaid invoices, payments received, and credits issued for the location. The City of Santa Ana shall be responsible for paying all approved charges to its account. Contractor shall keep a daily attendance log for all armed security guards assigned to the City of Santa Ana along with a weekly summation of all hours worked, and must be able to provide this documentation upon request from the department. 4. Contractor shall maintain an internal self-correcting mechanism to minimize negligence of duty by the armed security guards assigned to the City of Santa Ana facilities. SITE SPECIFIC SCOPE OF SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000-square-foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A three-story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meeting/conference rooms on the 411 and 51" floors. Tenants include Amtrak, Greyhound Lines and office space is leased on the 2nd and 3rd floors. As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within the facility. The lead authority is the Santa Ana Police Department. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale. City Council 14 — 30 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 31 Rail and Bus Services The SARTC functions as an inter -modal transportation facility along the Orange railroad subdivision, within the Los Angeles San Diego (LOSSAN) corridor. The SARTC serves both Metrolink and Amtrak commuter/passengers seven days per week. Specifically, it serves Metrolink's Orange County and Inland Empire -Orange County commuter rail service lines, and Amtrak's Pacific surfliner trains. Six Local OCTA and OCTA Station Link bus service routes are available at or in the immediate vicinity of the SARTC. In addition, the SARTC also leases space to long distance bus service providers as Greyhound and Tres Estrellas de Oro. Workforce Development Services The Santa Ana WORK Center is located within the SARTC. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youths. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor for staff and is not open to the public. The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 100 client visits per day. The WORK Center offices on the first and second floors are open from 7:30 AM to 5:00 PM Monday thru Thursday and every other Friday. A security guard under separate contract by the State of California is assigned to the referral center suite during the hours it is open to the public. It is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary. The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day. The third floor suite is open from 7:00 AM to 5:00 PM, Monday thru Friday. SCOPE The City's objective is to provide deterrence against crimes of vandalism, theft and bodily injury at the SARTC on a twenty-four (24) hour basis. Management of Facility The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency. Onsite property management services are available during normal business hours Monday through Thursday and every other Friday. The office is closed on weekends and 11 days per year for holidays. This post requires highly visible armed security staff with excellent interpersonal skills and the ability to deal with the public in a courteous manner. This post requires extensive public contact. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking guard must be on site at all times. The primary functions of the armed security guards include the following: observe and report any unusual or suspicious activities; respond to emergencies or other disturbances that occur at or on the SARTC property. Securitv Guard Minimum Qualifications City staff will review the qualifications of the guards assigned to the respective sites. The City reserves the right to disapprove Contractor personnel assigned to this contract. The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager. Security guards are required to meet the minimum qualifications listed below prior to their initial City Council 14 — 31 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 32 assignment. Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor's place of business. Failure to do so may result in the termination of the contract and subsidiary contracts. (1) Education- Guards must possess a high school diploma or G.E.D. equivalent and must have the ability to speak, read, and write the English language, understand and carry out oral and written directions, think and act quickly and effectively in emergencies, and write accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location) (m) Experience- Contract shall provide trained security personnel who have been with the company for no less than three (3) months or one -hundred and sixty (160) hours and have experience in dealing with the public. The City reserves the right to conduct an interview with each employee selected by the Contractor for placement at a City facility to recommend to the Contractor those individuals who are deemed suitable. (n) Knowledge/Skills- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal. Guards must have the ability to construct and write clear and accurate detailed reports. (o) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Consumer Affairs while assigned to the City contract. Temporary guard cards are not acceptable. (p) Drug Testing- All guards shall successfully pass a pre -employment drug screening examination within six (6) months of their assignment. The Contractor at its own expense will arrange drug testing for the guards prior to assignment at any City facility. (q) Background Check- Contractor shall certify that all personnel have successfully passed a criminal background check prior to assignment to any City facility. (r) Training- Security guards are required to have received training in First Aid and CPR, with current certification, as well as training in security and emergency procedures, crowd control, and public relations. The Contractor at its own expense will arrange First Aid and CPR training for the guards prior to assignment to any City facility. (s) Physical/Mental Qualifications- Security guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Security guards shall possess an acceptable level of agility, stamina, and overall good physical health allowing them to: 1. Stand for up to eight (8) hours. 2. Walk long distances over uneven terrain, dirt or rocky paths, day and night, in all weather conditions. 3. MUST have ability to lift fifty (50) lbs. minimum. (t) Performance- Substandard performance of any kind will not be allowed. The City reserves the right to refuse or reject any assigned guard, who, in the City's belief, fails to meet the minimum requirements as set forth in this Contract. (u) Driver's License- Security guards must possess and carry in their possession while on duty a valid California Driver's License issued by the CA Department of Motor City Council 14 — 32 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 33 Vehicles. (v) Probationary Period- New security guards assigned to the City contract will be placed on a six-month probationary period during which time their skills will be assessed periodically by both Contractor and City staff. To ensure satisfactory completion of the probationary period, City staff, at his/her discretion, may require a written exam and/or oral review. Account Manager The Contractor shall provide an account manager solely assigned to this contract. The account manager shall make unannounced inspection of guards on post at random times, sufficient to ensure job performance and adherence to personnel standards, but in any case, not less than one (1) time per site per week. Unannounced visits shall rotate between the different shifts and will include all posts equally. The guard on duty is to complete an incident report for each account manager visit. The account manager will also meet with the Contract Administrator, or designee, as needed. The account manager will be responsible for notifying Contract Administrator of all issues raised at these meetings and of steps taken to rectify these issues. Notification to the account manager of performance deficiencies serves as sufficient notice to the Contractor of contract non- compliance to initiate corrective action. For major performance deficiencies, City will also provide written notice to Contractor. Any contract deficiencies identified in writing by the Contract Administrator or designee will require a written follow-up from the Contractor identifying the steps taken to rectify the deficiency. Account Manager should be prepare to: (a) May be requested to attend City meetings, neighborhood meetings, etc. (b) Provide monthly statistical reports Security Supervisor (Minimum Requirements) a) Has at least 12 months prior work experience as a security guard supervisor b) Has training and supervisory experience commensurate with the requirementsas specified herein. c) Ensure that all posts have an approved security guard at all times and for theduration required. d) Ensure that the Contractor provides an approved security guard for any late,absent or dismissed security guards. e) Act as the liaison between City and Contractor regarding all issues pertaining tosecurity guard and performance. f) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as 24-Hour Communications Capability Contractor shall maintain a 24-hour communication center. Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers. Communication All security guards assigned to work under this Contract must be accessible by City staff via mobile phones at all times during their work shifts. Moreover, the security guard shall report all emergencies to the Santa Ana Police Department immediately upon their occurrence. The City Council 14 — 33 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 34 security guard's mobile phone number must be made available to City staff to ensure that the security guard is immediately alerted of incidents requiring their assistance. Electronic Patrol Equipment The Contractor shall provide complete electronic security guard personnel monitoring system, which is able to track, and monitor security personnel in real time indoors, and outdoors. It must combine GPS and RFID functionality, enabling security personnel to scan interior and exterior checkpoint tags, as well as facilitate real time location reports. The electronic system must be able to provide reports identifying, but not limited to, security guard identification, missed checkpoints, types of incidents (i.e., doors left unlocked, suspicious activity, etc.) and a security patrol summary. Substitutions may be proposed and will be evaluated as to whether they meet the City's requirements. Information shall be accessible for the City to review. Any and all reports prepared during the term of the contract shall become property of the City. It is the Contractors responsibility to replace missing or damaged checkpoint tags, within twenty- four (24) hours, at no cost to the City. Incident Reports Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management. Responding and Reporting In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractors will not place themselves in danger by confronting dangerous individuals. Uniforms and Equipment Contractor shall provide uniforms to employees assigned to work on the contract at no additional expense to those employees and/or the City. Uniforms shall include winter jackets and rain gear. Uniforms shall bear a patch identifying the Contractor. Uniform must be clean and ironed and worn in a meticulous and professional manner. Garments worn to adjust to the climate (jackets, coats, etc.) must not hide the security guard markings of the uniform. Uniforms are subject to City approval. Pictures of Contractor uniforms are to accompany Contractors RFP response. All hardware, software, uniforms, materials, equipment, and vehicles necessary to satisfactorily perform security guard service in accordance to this Solicitation shall be provided by the Contractor including, but not limited to: flashlights, whistle, clip boards, log books, two-way hand held radio, mobile phone, etc. Appearance and Groominq Assigned personnel shall arrive at work well groomed, in a professional manner, and in the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, City Council 14 — 34 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 35 fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessorize their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture. Guards must be in uniform by their designated shift start time and remain in uniform until the shift end time. Locks and Keys Access shall be in accordance with instructions, keys and/or security cards issued or provided by the City's representative(s). Access may include special instructions about security systems installed at facilities. The Contractor shall take all reasonable precautions to ensure that security of the facilities and internal equipment, furnishing and other items are maintained at all times. The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. The Contractor shall report all lost or stolen keys to the City's representative(s) within twenty-four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of re -keying the facility or duplicating additional keys. Upon termination or expiration of the Contract, the Contractor shall immediately return all keys, cards, remote controls, etc., to the City. California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. Training Contractor shall provide the training at no additional expense to the City. Refresher training, or any other training, will not be allowed during regularly scheduled work hours. (a) On -Site training of newly assigned security guards: Contractor will be expected to provide guards assigned to SARTC, five (5) full days of on -site training with Supervisor or guals required. (b) Training of substitute security guards: Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed. (c) Refresher training: Refresher training shall be provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties. The refresher training shall address any issue brought to the Contractor's attention by the City staff, who is requesting the refresher training. (d) Health and safety orders: Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal -OSHA (California -Occupational Safety and Health Administration). Lunch and Breaks Contractor is responsible to ensure that security officers receive meal and periodic breaks as City Council 14 — 35 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 36 required by law. The City does not pay for lunch/non-working hours. Post Orders (Duties) and Operating Procedures Prior to staffing an account, Contractor shall provide the following at no addition expense to the City. (a) Meet with Management and/or City staff at each facility and review current security guard post orders (duties) and operating procedures; (b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing; (c) Hold an orientation/training meeting with assigned personnel, at which time they shall be given a written copy; and; (d) Provide a written copy to Project Manager Contractor shall establish a specific set of post orders and operating procedures for each facility. This post order and operating procedures shall be completed within ten (15) days following the contract start date. Contractor shall not seek additional monies from the City for establishing the post orders and operating procedures. Review of Post Orders, Procedures and Performance Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures. Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written copy. Cooperation with Law Enforcement Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Metrolink Police, Amtrak Police and the Department of Homeland Security. General post assignments and tasks include, but are not limited to the following: • Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms, all stairways and all approaches onto the property. • Using post management system to check in at designated checkpoints, minimum of 27 points. • Actively patrol entire property. • Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and respond only at the direction of SARTC management or emergency services. • Periodically monitors the City's video surveillance systems (VSS) surveillance system. • Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the property. • Provide vehicle and parking control throughout the facility, as needed. • Provide surveillance of trains, buses and passenger movement. City Council 14 — 36 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 37 • Enforce the facility's unattended baggage policy and follow appropriate procedures. • Lock down or open the facility at designated times. This will include main building, parking structure and pedestrian bridge accesses. • Report to SARTC management any light outages, improperly working doors and/or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism. • Raise and lower flags at dawn and dusk. • Check in and check out all contract personnel and provide access to service areas as necessary. • Provide authorized personnel access to secured sites • Be familiar and able to enforce the SARTC Emergency Action Plan and Evacuation Procedures. • Maintain a log of all lost and unattended items. • Conduct monthly check of fire extinguishers. • In Property Manager's absence will receive and turn over bike locker and photography applications. • Provide tenants access to secured conference rooms. • Ensure conference rooms are secured after use. Shift Coverage: Minimum of two guards for 24/7 security guard coverage On -site supervisor Monday through Friday Holiday Coverage: Regularly scheduled security guard coverage is required. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide services for 24 hour security coverage at this location. A guard must be present at all times and this facility must never be left unattended. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and any other equipment needed in leading and monitoring the security needs of the facility. Each security guard shall be equipped with cellular phone and all other telecommunications or electronic equipment necessary for all security officers while on duty. Desirable to have equipment to allow for real time reporting and tour verifications. Provide internal transportation equipment, if any, such as scooters, segways, bicycle, vehicles etc. Provide all document and stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms, pens, writing pads, etc. THE CITY WILL NOT PROVIDE SUPPLIES. THE SANTA ANA CORPORATE YARD The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street on the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two-story garage, and a single -story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances. City Council 14 — 37 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 38 The property houses a variety of the City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above -ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section II below. The regular hours of operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p.m. I. SCOPE The City's objective is to provide the Yard with security guard service to monitor the security of personnel, equipment, buildings, and general property. The security guard will be posted at the guard station located at the Center Street entrance. The guard station is equipped with a closed-circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance. The security guard shall perform the following: • Utilize an electronic device to conduct tour verification and incident reporting. • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a.m. on weekdays. • Maintains a logbook noting the name of every individual who enters and leaves the property and notes the time. • Conducts a continuous observation of the Yard to maintain a secure and safe property. If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa Ana Police Department. • Under no circumstance is aggressive action required. • The security guard is required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts. The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. Shift Coverage: 1 Security Guard 6am to 8pm Monday through Thursday 24 hour coverage effective Friday at 4pm through Monday at 6am Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). PARKS, RECREATION AND COMMUNITY SERVICES AGENCY CITY PARKS, FACILITIES AND BIKE TRAILS Patrol Schedules a. On a daily basis, Contractor will assign Patrol Guards to the designated City of Santa Ana parks and/ or facilities per the approved schedule. The patrol will be seven days per week City Council 14 — 38 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 39 with a staggered schedule. Contractor will submit schedules on a monthly basis no later than five working days before start of month. b. City reserves the right to adjust service times and quantity of assigned Patrol Guards on holidays and/ or any days otherwise specifically requested. Park Patrol Locations The City reserves the right to change the location of the patrol to another city park and/or facility if warranted at that location. NAME LOCATION SIZE Adams Park 2302 S. Raitt St. 5.68 Acres Angels Park 914 W. 3rd St. 1.72 acres Birch Park 210 N. Birch St. 2.66 acres Bomo Koral Park 900 W. MacArthur Blvd 10.40 acres Cabrillo Park 1820 E. Fruit 7.60 acres Cesar Chavez Campesino Park 3311 W. 5th St. 6.30 acres Chepa's Park 1009 N. Custer .41 acres Delhi Park 2314 S. Halladay 10.40 acres Eldridge Park 2933 N. Fallbrook Dr. 1.2 acres Edna Park 2140 W. Edna 2.82 acres El Salvador Park 1825 W. Civic Ctr. Dr. 8.4 acres Fairview Triangle Santa Ana River Trail .30 acres Fisher Park 2501 N. Flower 2.34 acres French Park 901 N. French .17 acres Friendship Park 2210 W. Myrtle .09 acres Garfield Exercise Park 902 N. Brown St. .10 acres Griset Park 2400 MacArthur Blvd. 6.79 acres Heritage Park 4812 W. Camille 6.51 acres Jerome Park 726 S. Center Street Lillie King Park 500 W. Alton 9.60 acres Mabury Park 1801 E. Fruit 5.46 acres Madison Park 1528 S. Standard 6.06 acres Maple & Occidental Park Corner of Maple/Occidental .43 acres Mariposa Park 6t" and Lac McFadden Triangle 630 S. Susan .80 acres Memorial Park 2102 S. Flower 17 acres Memory Lane Park 1560 W. Memory Lane .47 acres Morrison Park 2081 N. Westwood 5.07 acres Pacific Electric Park 401 E. McFadden Ave. 1.39 acres Plaza Calle Cuatro 325 E. Fourth St. .20 acres Portola Park 1700 E. Santa Clara 9.07 acres Prentice Park 1801 E. Chestnut Ave. 18.75 acres Raitt/Myrtle FUTURE PARK Riverview Park 1817 W. 21 st St. 8.76 acres Rosita Park 7060 N. Newhope 8.68 acres Saddleback View Park 631 N. Patricia Ln. .92 acres Sandpointe Park 370 S. Birch 6.63 acres Santa Anita Park 300 S. Figueroa 4.86 acres Sara May Downie Herb Garden 2405 N. Flower .13 acres Segerstrom Triangle 1000 W. Hemlock Wy. 1.22 acres City Council 14 - 39 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 40 Sasscer Park 502 W. Santa Ana Blvd. .92 acres Standard/McFadden FUTURE PARK 17th Street Triangle SA River Trail & 17th St. .66 acres Monte Vista Elementary* 2016 W. Monte Vista Ave Spurgeon Intermediate* 2701 W. 5th Street Willard Intermediate* 1342 N. Ross St. Monroe Elementary* 417 E. Central Ave Corbin Center 2215 W McFadden Ste G El Salvador Community Center 1825 W Civic Center Dr Jerome Recreation Center 726 S Center St Logan Recreation Center Memorial Recreation Center Neal Machander Tennis Center 752 W 1st St Salgado Recreation Center 7060 N Newhope St Fisher Cabin 2501 N Flower Santa Ana Stadium 602 N Flower Garfield Center 501 N Lacy St Roosevelt/Walker Community Center 816 E Chestnut Ave *Joint -Use Facilities III. Facility Assigned Security Guards FACILITY DAYS TIME Santa Ana Senior Center Monday through Friday 9 am to 2 pm Southwest Senior Center Monday through Friday 9 am to 2 pm Santa Anita Community Center Monday through Friday 10 am to 8 pm Centennial Park Monday through Friday Saturday and Sunday 4 pm to 12 am 10 am to 12 am Santiago Park Sunday through Saturday 8 am to 12 am BIRCH PARK SASC/Birch Park is located at 424 West third St., Santa Ana, CA 92701. The park covers 2.6 acres including a senior center, fitness zone, outside portable restroom, and park area. I. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Birch Park and include the following duties: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Birch Park. • Report building maintenance and safety concerns as necessary. • Enforce Park rules as required. • Mitigate various issues that arise in and around Birch Park. • Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. City Council 14 — 40 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 41 • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Shift Coverage: 1 Security Guard 9:00am to 1:00pm Monday through Friday Holiday Coverage: No security guard coverage is required II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Birch Park. Provide any safety equipment and specialized uniforms, if required. SANTA ANA SENIOR CENTER 424 West Third St., Santa Ana, CA 92701 I. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santa Ana Senior Center and include the following duties: a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports. c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. d. Direct patrons to areas within Birch Park. e. Report building maintenance and safety concerns as necessary. f. Enforce rules as required. g. Mitigate various issues that arise in and around Birch Park. h. Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Holiday Coverage: No security guard coverage is required SOUTHWEST SENIOR CENTER 2201 W. McFadden Ave., Santa Ana, CA 92704 I. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Southwest Senior Center and include the following duties: a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports. c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. d. Direct patrons to areas within Jerome Park. e. Report building maintenance and safety concerns as necessary. City Council 14 — 41 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 42 f. Enforce rules as required. g. Mitigate various issues that arise in and around Jerome Park. h. Observe -and -report only. Guards are not expected to apprehend individual. i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in operating procedures. Holiday Coverage: No security guard coverage is required SANTA ANITA COMMUNITY CENTER 300 S. Figueroa St., Santa Ana, CA 92703 or physically detain any post orders and standard I. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santa Anita Center and include the following duties: a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports. c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. d. Direct patrons to areas within Santa Anita Park. e. Report building maintenance and safety concerns as necessary. f. Enforce rules as required. g. Mitigate various issues that arise in and around Santa Anita Park. h. Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Holiday Coverage: No security guard coverage is required CENTENNIAL PARK Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skate park, playground picnic areas, restrooms, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property. The campus is not included in the area to be serviced; however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district.) I. SCOPE The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Centennial Park and shall perform the following: a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports. c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. d. Direct patrons to areas within Centennial Park. City Council 14 — 42 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 43 e. Report building maintenance and safety concerns as necessary. f. Enforce Park rules as required. g. Mitigate various issues that arise in and around Centennial Park. h. Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helmets and uniforms, including BDU pants and/or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required. i. Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. j. Notify Santa Ana Police Department if police intervention is required. k. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. SANTIAGO PARK Santiago Park is located at 2535 N. Main Street, Santa Ana, CA 92704. The park covers 34.43 acres including a ball diamond, archery range, lawn bowling green, log cabin, Nature Center, Multi -purpose Field, Playground, Parking, Restroom, Tennis Courts, Bike Trail, Hiking/Exercise Trail, and Picnic Tables. I. SCOPE The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santiago Park and shall perform the following: I. Perform roving patrols of interior and exterior building areas. m. Complete incident and daily operating reports. n. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. o. Direct patrons to areas within the park. p. Report building maintenance and safety concerns as necessary. q. Enforce Park rules as required. r. Mitigate various issues that arise in and around Centennial Park. s. Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helmets and uniforms, including BDU pants and/or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required. t. Observe -and -report only. Guards are not expected to apprehend or physically detain any individual. u. Notify Santa Ana Police Department if police intervention is required. v. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. IV. Patrol Guard Duties a. Patrol Guards shall arrive at assigned park and/or facility in a vehicle provided by Contractor and will be on foot patrol at all times and clearly visible to patrons, unless specifically requested by the City to patrol a park using a vehicle. b. Patrol Guards shall be able to communicate in English and Spanish. c. Assigned Patrol Guards will check in with designated city staff at the beginning of each shift. City Council 14 — 43 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 44 d. Assigned Patrol Guard shall act as an ambassador to educate park visitors on park rules, regulations, existence of overt cameras in specific parks and request compliance. e. Patrol Guards shall monitor parks use for compliance with all posted rules and ordinances, requesting visitors to comply. Patrol Guards shall inspect park restrooms; walk through community centers, pool areas, playground areas, parking lots, sport field areas, tennis court facilities, basketball and volleyball courts, skate parks, bike trails, archery range, nature center, clubhouses, and any other amenities within assigned areas. In the event there continues to be lack of compliance, Patrol Guards shall contact the Santa Ana Police Department to address situations they are unable to handle. f. Patrol Guards shall not have the ability to issue citations on behalf of the City of Santa Ana. g. The expectation of Patrol Guards is to patrol continually to deter vandalism, theft, illegal activities, and noise ordinance violations, parking violations, non —approved use of park, break-ins to site facilities, and loitering in the park after closed. h. Patrol Guards shall use My Santa Ana app for any maintenance related concerns (i. e. graffiti removal) and/ or note items on the daily log. i. Assigned Patrol Guards shall immediately restrict access and report any health and/ or safety issues immediately to the designated city contact via email no later than 8:00 am the following morning. j. Patrol Guards shall lock and/or unlock designated parking lot gates and restrooms daily during their shifts Exhibit 1). V. Patrol Guard Vehicles a. Contractor shall provide vehicles used by Patrol Guards. b. Contractors should not transport any residents in their vehicles while performing services pursuant to this Agreement. c. Contractors shall obey all traffic laws while using their vehicles to provide services pursuant to this Agreement. VI. Post Orders and Operating Procedures Pursuant to the original Agreement between the parties (Exhibit A, paragraph 9 entitled 'Post Orders (Duties) and Operating Procedures) the Contractor will work with Parks, Recreation and Community Services Agency staff to establish a specific set if post orders and operating procedures for the roving park patrols outlined in this Third Amendment. SANTA ANA ZOO AT PRENTICE PARK The Santa Ana Zoo at Prentice Park (the "Zoo") is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701. The Zoo covers 20.5 acres, including public parking areas, animal housing, exhibits, and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits. Hours of Zoo Operation The Zoo is open to the public Monday through Sunday (seven days per week) from 10:00 a.m. to 5:00 p.m. The Zoo is closed to the public on Thanksgiving Day, December 25, and January 1; Zoo staff are on the grounds every day of the year to provide animal care. Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public. I. SCOPE Security guard services include four (4) security tour patrols nightly, seven (7) days per week, around the Zoo property perimeter and through the Zoo grounds. These services serve as a deterrent against City Council 14 — 44 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 45 3a ? THE SANTA ANA WORK CENTER The Santa Ana WORK Center is located at 801 W. Civic Center Drive Ste. 200, Santa Ana CA 92701. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youth. The WORK Center suite averages 150 client visits per day. The hours of operation are from 8:00 AM to 5: 00 PM Monday thru Friday. Workshops in both English and Spanish (for limited English speaking adults) take place several times a week. Periodically job fairs are conducted. Attendance at job fairs averages between 20 to 60 people. I. SCOPE 1. Roving patrol of building interior, include —but not limited to the following tasks: -Ensure that meeting rooms are locked when not in use, -Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt WORK Center activities -Hourly inspection of public restrooms. -Ensure that all patrons exit the WORK Center as closing time approaches 2. Complete incident and daily operating reports. Provide WORK Center Management copies of reports on a weekly basis 3. Complete electronic reports for incidents in which he/ she is directly involved; take pictures, as needed. 4. Notify Santa Ana Police Department if police intervention is required. 5. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. 6. Direct patrons to areas within the WORK Center as needed. 7. Enforce the WORK Center's Rules of Conduct. 8. Escort employees, as needed, to parking locations. 9. Required guard qualifications: -Demonstrated ability to handle and resolve conflicts in an effective manner -Demonstrated judgment in emergency situations -Experience working with people with behavioral/mental health issues and/or criminal background -Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. Shift Coverage: 1 Security Guard 8am to 5pm Monday through Friday Holiday Coverage: No security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the secured south gate entrance to the Police Department. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). City Council 14 — 46 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 49 AS -NEEDED SECURITY FOR CITY LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, special meetings, any of approximately 15 local park clubhouses and community centers, City parking structures, a community learning center, or other City location. Coverage must be provided within one hour for the duration of the period outlined. WATER RESOURCES DIVISION'S FACILITIES I. SCOPE The Public Works Agency Water Resources Division oversees and maintains daily operations of the City's water system. In addition, the Division is responsible for maintenance and operations of City's water facilities. Division is looking for Contractor that will provide on -call uniformed professional security officers who are unarmed and capable of exercising good judgment, will be highly visible at all times, deter crime and perform other duties as outlined by City. Contractor shall ensure all assigned Security Officers have the necessary training, equipment, and paperwork to perform the services, including the following: • Transportation, • Professional uniforms, • Uniform badges and name plates, • Safety vests and other safety equipment, -Operable flashlight at night and rain gear during inclement weather, • Real-time incident reporting and transparency of operations, including compliance tracking, GPS tracking, and daily tracking to ensure security officer accountability. • Safety training, • All other equipment necessary to complete their assignments. Below is sample of water facilities and typical hours of operation for security services coverage. The Water Resources Division's Designee will request proposal to confirm water facility location, term of assignment and hours of operations, prior to commencement of services. Water Resources Division Facilities Garthe Station 2401 N. Bristol St., Santa Ana, CA 92706 Monday through Friday (6:00 pm to 6:00 am) Every other Friday, 24 hr Saturday and Sunday (24 hr coverage) South Station 1727 W. Alton Ave., Santa Ana, CA 92704 Monday through Friday (6:00 pm to 6:00 am) Every other Friday, 24 hr Saturday and Sunday (24 hr coverage) THE SANTA ANA LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as City Council 14 — 47 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 50 story times in English and Spanish and special programs for children and families. Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults. Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 4:00 p.m. The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703. The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It offers computer access for adults, children and teens. Bilingual tutoring for children and teens is available in the Library Learning Center. The Newhope Branch Library is open Monday through Thursday from 2:00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on Friday and Sunday. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at the two Library locations. The Contractor shall provide security guard services in and around the Library properties as requested by the City. Contract security personnel shall assist the Library in meeting its security objectives. Duties Include, but are not limited to: • Roving patrol of building interior, include — but not limited to the following tasks: 1. Ensure that alarms at all emergency access doors are activated. 2. Ensure that meeting rooms are locked when not in use. 3. Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt library activities (Santa Ana Municipal Code §2-602.1) 4. Verify that all exterior doors are locked after normal business hours. 5. Hourly inspection of public restrooms. Advise library management of any maintenance or repairs needs. 6. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed. 7. Ensure that all patrons exit the library as closing time approaches • Roving patrol of exterior library area, include — but not limited to the following tasks: 1. Ensure all exits are free from obstruction 2. Report unauthorized use of designated Library parking spaces 3. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed. 4. Verify that all dumpsters are locked. 5. Verify and report building exterior lighting deficiencies. • Complete incident and daily operating reports. Provide Library Management copies of reports on a weekly basis • Check the security camera system daily to ensure that it is in good working order. Notify Library Management, if malfunctions occur. • Complete Library electronic reports for incidents in which he/she is directly involved; City Council 14 — 48 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 51 take pictures, as needed, refer to camera files in documenting and identifying offenders. • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Library and the Civic Center. • Report building maintenance and safety concerns as necessary. • Enforce the Safety and Security and Personal Conduct regulations outlined in the Rules of Conduct. • Mitigate various issues that arise in and around the Library based on Civic Center activity. • Escort employees, as needed, to parking locations. • Required guard qualifications: • Able to learn or have experience in the use of the library's security camera system • Security experience in a position involving extensive public contact. • Demonstrated ability to handle and resolve conflicts in an effective manner • Demonstrated judgment in emergency situations • Experience working with people with behavioral/mental health issues and/or criminal background • Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. Main Library Shift Coverage: 2 Security Guards 1 Supervisor 10am to 9pm Monday - Thursday (2 Security Guards, 1 Supervisor) 10am to 6pm Friday -Saturday (2 Security Guards, 1 Supervisor) 12pm to 4pm Sunday (2 Security guards, 1 Supervisor) Holiday Coverage: No security guard coverage is required. Newhope Library Shift Coverage: 1 Security Guard 315pm to 715pm Monday through Thursday 1015am to 515pm Saturday Holiday Coverage: No security guard coverage is required. II. RESPONSIBILITY OF CONTRACTOR The Contractor shall provide all management, supervision, and overhead for all contractor employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). CITY HALL, ROSS ANNEX CORRIDOR TO SUPERBLOCK AND O.C. COURTHOUSE LIBRARY PARKING STRUCTURE City Council 14 — 49 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 52 City Hall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thru Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to Cashier, Business License, Dog License, Planning counter, Public Works counter, Building Plan Check, Community Preservation, Housing Administration, Police/Fire Plan Check, Purchasing, Risk Management, Economic Development etc. I. SCOPE City Hall The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex and shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Civic Center. • Mitigate various issues that arise in and around City Hall based on Civic Center activity. • As needed, escort staff or visitors to parking locations. • Report building maintenance and safety concerns as necessary. 1. Four times a day — Inspect public access restrooms to maintain cleanliness and advise building maintenance of needed corrections. 2. Daily- Check and operate City Hall ADA wheelchair lift and document. 3. Daily- Verify and report building interior lighting deficiencies. 4. Daily Evening- Secure dumpsters at loading dock at the end of the day. 5. Daily Evening- Verify all exterior doors are locked after normal business hours. 6. Daily Evening- Verify and report building exterior lighting deficiencies. 7. Weekly- Check water pressure of all City Hall/Ross Annex drinking fountains. 8. Monthly- Check all City Hall/Ross Annex AED's per Risk Management Guidelines. 9. Monthly- Check Fire Extinguisher and sign tags for inspection per Risk Management Guidelines. 10. As Needed- Adjust walk off mats at entries to City Hall and Ross Annex. 11. As Needed- Advise facilities management of building deficiencies; interior or exterior. 12. As Needed- And as requested by the superintendent perform other duties as needed. Security Guard Officers present at City Council Meetings: One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building #19) in front of City Hall to provide a safer passage to and from Council Chambers to Building #19. Council Meetings Council Meetings will be held every first and third Tuesdays of the month. Officer duty hours: 1730-2100 hours or may be extended until 2300 hours. Officers will remain on duty until released by appropriate authority. City Council 14 — 50 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 53 Two security guards will be assigned duties for the Santa Ana Council Meeting. Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot immediately in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity. Ross Annex Corridor to Superblock & OC Courthouse Library Parking Structures The Contractor will provide security guard services Monday through Friday. The City reserves the right to adjust the guards' assignment/hours, as needed, to better serve internal and external customers. Below are the duties for this post: • Perform roving patrols of parking structure interior levels, stairwells, elevators and exterior. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Provide patrons with direction to areas within the Civic Center, as needed. • Mitigate various issues that arise between Superblock and O.C. Courthouse parking structures that serve City Hall/Ross Annex. • As needed, escort staff or visitors to parking locations upon request if available. (More common during dark hours) • Report building exterior safety concerns, as necessary: 1. Daily/Evening- Verify and report parking garage and Civic Center lighting deficiencies. 2. Daily/Evening- Verify and report parking garage elevator deficiencies. 3. Evening- Verify City Hall/Annex exterior doors are locked after normal business hours. 4. As Needed- Maintain that stairwell access to City Hall courtyard is not obstructed for visitor access. 5. As Needed- Advise Parks, Recreation and Community Services Agency management of civic center deficiencies between City Hall and parking structures. City Hall, Council Meeting, Ross Annex, Superblock and O.C. Court Parking Shift Coverage: 7 Security Guards and 1 Supervisor 6am to 2pm Monday through Friday (3 Security Guards) 8am to 5pm Monday through Friday (1 Security Guard and 1 Supervisor) 2pm to 10pm Monday through Friday (3 Security Guards) 2 Security Guards assigned to work City Council Meetings 530pm to 11 pm Holiday Coverage: No security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard officers to service City Hall Monday through Friday. City Hall is closed every other Friday and security guard services are not needed on those days. In addition, provide two security guards for the duration of the regularly scheduled Council Meetings which occur on the first and third Tuesday of the month. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). City Council 14 — 51 10/18/2022 RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 54 EXHIBIT B City Council 14 — 52 10/18/2022 LYONS SECURITY SERVICE, INC. PRICING SHEET Estimated Site Hourly Rate Total Annual Cost/Site Total Monthly Cost/Site SARTC $28.50 SARTC (2nd Guard) $28.50 SARTC (2nd Guard) $28.50 SARTC ARMED Supervisor $40.00 $521,872 $43,489 Corporate Yard $27.50 $27.50 $27.50 $160,160 $13,347 Santa Ana Library: Supervisor $27.50 $27.50 $27.50 $81,510 $6,793 Newhope Branch Library $27.50 $27.50 $27.50 $81,510 $6,793 Water: Garthe Station $28.50 $28.50 $28.50 $177,840 $14,820 Water: South Station $28.50 $28.50 $28.50 $177,840 $14,820 Santa Ana Work Center $27.50 $57,200 $4,767 Park Patrol Roving Guard 1 $31.00 Roving Guard 2 $31.00 Roving Guard 3 $31.00 Roving Guard 4 $31.00 Roving ARMED Supervisor $43.00 $1,458,912 $121,576 Birch Park $27.50 $57,200 $4,767 City Council 14 — 53 10/18/2022 Centennial Park $27.50 $134,420 $11,202 Santiago Park $27.50 $160,160 $13,347 Southwest Senior Center $27.50 $57,200 $4,767 Zoo at Prentice Park $27.50 $120,120 $10,010 City Hall Guard 1 $28.50 Guard 2 $28.50 Guard 3 $28.50 Guard 4 $28.50 Guard 5 $28.50 Guard 6 Guard 7 ARMED Supervisor $28.50 $28.50 $41,513 $40.00 $498,160 City Council 14 — 54 10/18/2022 Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Real Property Acquisitions for Warner Avenue Street Improvements AGENDA TITLE Authorize Two Purchase Agreements in the Amount of $1,535,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Le and Martinez) (Project No. 18-6901) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) of the property located at 2245 S Hickory Street (APN 016-104-28) in the amount of $725,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and My Nguyen, husband and wife, and Hien The Le, a single man, as joint tenants, for the full acquisition and goodwill (if any) of the property located at 2247 S Cedar Street (APN 016-212-26) in the amount of $810,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from a four -lane roadway to a six -lane arterial, to address safety issues and provide adequate vehicular capacity. Also included in the project is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in Spring 2023. The proposed improvements for the Project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project. As such, the City of City Council 15 — 1 10/18/2022 Real Property Purchase Agreement — Warner Avenue Improvements, Phase 2 October 18, 2022 Page 2 Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue. The recommended property acquisition (Exhibit 1) is necessary to accommodate the street improvements for Phase 2. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibits 2 and 3). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $1,535,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022-23 as follows: Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description 2022-23 03217663-66100 Measure M- Measure M2 Competitive $1,151,250 Street Construction Street, Land Select Street Warner Ave -Tustin 2022-23 05917668-66100 Construction Community Facilities $383,750 (City of Tustin District, Land Contribution) TOTAL $1,535,000 EXHIBIT(S) 1. Location Map 2. Purchase Agreement — APN 016-104-28 3. Purchase Agreement — APN 016-212-26 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 10/18/2022 i 016-090-26 I MONROE ELEMENTARY i I 016-090-25 (NATIONAL GUARDI ARMORY ------------------ I j i I i I 016-090-24 NATIONAL GUARDI LLJ j ARMORY I I Q I IY LLJ I I Q N016-090-21 ATIONAL GUA 3.1 ARMORY , 016-090-22 DELHI PARK KILSON DR HICKORY ST MATCHLINE SEE TOP RIGHT LEGEND -SUBJECT PROPERTY -ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM LEFT 016-090-22 DELHI PARK HALLADAY ST T33-4 i --�_._._._ILI 016-133-33 016-133-32 I 016-133-31 EXHIBIT 1 Q of Li Z af Q HICKORY ST HALLADAY ST SANTA ANA TITLE P W A PURCHASE AGREEMENTS FOR WARNER AVENUE IMPROVEMENTS (PROJECT NO.18-6= Council 1,5 — T 10/18Y2022 EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on ,2022, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Vivian Montejano Martinez (hereinafter "Seller"), regardless of number or gender, THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seiler, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" -- Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2245 S. Hickory Street, Santa Ana CA) (APN 01 fi-104-28) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach within sixty (60) days from and after the date on which the City has approved this Agreement. 2, Title to be Conte. Seiler agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which. might accrue to City because of the failure of Seiler to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Seven Hundred TwentytrFlve Thousand and no/100 Dollars (725,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seiler, nor a waiver by the City of any rlghts of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. City Council 15 — 4 10/18/2022 4. Escrow. City agrees to open an escrow at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the. City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within. five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing- deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265,240, The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Prol2erty Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded. which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sure of SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($725,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; City Council — 10/18/2022 d. Recordation of the Deed conveying said real property to City. 7. Possession. Salter agrees to deliver to City, on the date. the Deed conveying said real .property to. City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By,,, wSeller. Seller agrees to execute a complete, current and correct statement of rentals (Seiler Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 3. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time Is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, City Council 15 — 6 10/18/2022 13. Acknowledament of Full Benefits and Release. A By exeGutlon of this Agreement, Seller, an behalf Qf, .himself, h1s heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seiler hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or foss of machinery, fixtures, inventory, equipment and/or personal property, any - right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Setter to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. N t�iices. The mailing address of the City of. Santa. Ana is 20 Civic Center Plaza, M-36, P.O.. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2030 S. Hickory Street, Santa Ana, CA 92707. 15. Excelions. City agrees to accept title to said real property subject to the following: NONE. 16. gntire A,gEggment. It is mutually agreed that. the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste., toxic substances,. or related. materials ("Hazardous. Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste'' "extremely hazardous waste", or "restricted hazardous waste" under Section 26115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenters -Presley -Tanner Hazardous Substance Account Act), ('Q defined as a "hazardous City Council 15 — 7 10/18/2022 material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California. Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S69€ I et M. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation; as amended by Liability Act; 42; U-.S:C: S960.1 et seq. (42 U.S.C. S9601). 18. pp g tta, Laws. To the best of Seller's knowledge the Property complies Compliance With Environmental with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local, laws perkairting to air anal:. water quality, hazardous waste, waste disposal, and other eavlronmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and aff applicable federal, state, and local. agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, Judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property_ This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including . sickness, disease, or death, tangible or intangible property damag.e, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contitngencrr. it is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22, Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Gaverninp Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. City Council 15 — 8 10/18/2022 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the ether, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assi nees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29, Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30, Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. City Council 15 — 9 10/18/2022 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLE ian Montejano Martinez W ivian Montejano Martinez City/Buyer City of Santa Ana Kristine Ridge City Manager Attest. City Clerk Approved as to Form: ?k -FJ, John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Date: , 2022 Date: , 2019 Date: , 2022 September 13 Date: , 2022 Date: _ , 2022 City Council 15 — 10 10/18/2022 EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 6 OF LOT 21 AND 22 IN BLOCK "P" OF TRACT NO.668, MCFADDEN TRACT NO.5, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 20, PAGE S, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, WHERE THEY HAVE BEEN PREVIOUSLY SHOWN IN VARIOUS INSTRUMENTS OF RECORD. Assessor's.pared Number: 016-104-28 City Council 15 —11 10/18/2022 EXHIBIT "B" (Fidelity National Title) GENERAL ESCROW PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all fluids be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds, Only wire -transferred funds can be given immediate availability upon deposit, Oishier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire I mmfened. Outgoing wire transfers will not be authorized until aonfimwtion of the respeetive incoming wire transfer or of availability of deposited checks. Deposit of fiords into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your fiords into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided to you, If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non -interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance' Corporation -(the "depository -institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A ,general escrow trust account is restricted and protected against claims by third parties and creditors of .Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413,5. Escrow Folder or its affiliates also may elect to enter into other business transactions with or obtain loans far investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates aid Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said fiends will not earn interest unless the instructions otherwise specifically state that fiumds shall be deposited in an interest boaring account, All disbursements shall be made by check of Fidelity National Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit hhsurance Corporation. Any instruction for bank wire will provide reasonable time orrxotice for Esomw Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow, Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. hi the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON -INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT, 2, PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for hereian. 3. SUPPLEMENTAL TAXES The within described property, may be subject to supplemental real property saxes due to the change of ownership taking place through this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller, TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER, 4. UTILITIES/.POSSESSION Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 5. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded, 6. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s) and Lender(s) named in this escrow. General Provisions Printed: 1/1/0001 12:00 AM by JK R1000076 (DSJ Rrv. 05/19117) Page I City Council 15 — 12 10/18/2022 7. RIGHT OF CANCELLATION Any principaluistructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow, UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' ruutua. written instructions, or by final order of a court of competent jurisdiction. S. PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. By signing these General Provisions, the patties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Ilolderhas the right to resign upon vwritten notice delivered to the principals herein. if such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be mgLdmed, surd forward such policy(s) to the principals entitled thereto. It is not your responsibility to verify the information handed you or time assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow. 11. ACTION IN INTERPLEADER The principals hereto expressly agree that you., as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow, hn the event such action is fled, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and dischargod from all obligations unposed by the terms of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "tune limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fees and charges due Fidelity National Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 13. CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non -conflicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above). 14. DELIVERY/RECEIPT Delivery to principals as used in these instructions mriess otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing, All documents, balances and statements due to the undersigned tnay be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein. 15. STATEIFEDERAL CODE NOTIFICATIONS According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. General Provisions Printed: 1/1/0001 I2:00 AM by X El000076 (DSI Rev. 05119117) Page 2 City Council 15 — 13 10/18/2022 Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service URS) within twenty (20) days after the transfer. Fidelity National Title Company will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subjeettransaction, nor aaas• a Qualified Substitute under,gtatt ol� federal law, nor ffirnish tax advice to any party to the buisaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax formes with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not am agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Ehvner's Policy of Title Insurance to be issued to the buyer: Fidelity National Title Company is -rot responsible fbr- the completion of any IRS 'documents• or related forms, related, to the referenced, statute. The buyer is advised, they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear fall responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the .nailing of those forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from. a qualified individual to determine any and all implications of -the referenced statute. 17. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information firrnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for firrtlmer approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them. 18. ENVIRONMENTAL ISSUES Fidelity National Title Company has trade no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine. environmental impact as to forms of toxifi.cation, if applicable, will be done directly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith. 19, USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore, 24. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 21. IF, ACSIMILEWLECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures, "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 22, CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY as arm Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions -accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. General Provisions Printed: 111/0001 12:00 AM by JK EI000076 (DS1 Rev. 05/19117) page 3 City Council 15 — 14 10/18/2022 23. FUNDS HELD IN ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly hotdhig fee of $25.00 that is to be charged against the finds field by the Company. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO- CONSTITUTES INSTRUCTION, TPESCRCkW HOLDER OF ALL TERMS ANE?CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Fidelity National Title Company conducts escrow business under a Certificate of Authority No. 305350 issued by the California Department of Insurance. General Provisions PI000076 (DSI Rev. 05119117) Page 4 Printed: 1/1J0001 12:00 AM by JK City Council 15 — 15 10/18/2022 EXHIBIT 3 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on ,2022, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or `Buyer"), and Huynh T. Le and My Nguyen, husband and wife and Hien The Le, a single man, as joint tenants (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seiler, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2247 S. Cedar Street, Santa Ana CA) (APN 016-212-26) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Eight Hundred Ten Thousand and no/100 Dollars ($810,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. City Council 15 — 16 10/1 4. Escrow. City agrees to open an escrow at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1266.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of EIGHT HUNDRED TEN THOUSAND DOLLARS ($810,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; c. Delivery to City of the policy of title insurance as hereinabove provided: City Council 15 — 17 10/18/2022 d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (16) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month1360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. City Council 15 — 18 10/18/2022 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seiler, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. - This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2247 S. Cedar Street, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (1i) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-TannorHazardous Substance Account Act), (iii) defined as a "hazardous City Council 15 — 19 10/18/2022 material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et s, eq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec . (42 U.S.C. S9601), 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. City Council 15 — 20 10/18/2022 25. No Reliance By One Party On The Other, Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shah be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. M Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. City Council 15 — 21 10/18/2022 SELLER: Huynh T. Le and My Nguyen, husband and wife and Hien The Le, a single man, as joint tenants Date: , 2022 Huynh T. Le I IIGI I I I IC LC City/Buyer City of Santa Ana Kristine Ridge City Manager Attest: City Cleric Approved as to Form: John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: , 2022 Date: 0J / 0 3 , 2022 Date: .2019 Date: .2022 September 13 Date: . 2022 Date: .2022 Nabil Saba Executive Director Public Works Agency City Council 15 — 22 10/18/2022 EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 25 IN BLOCK B OF TRACT NO. 1541, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGES 48 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 016-212-26 City Council 15 — 23 10/18/2022 EXHIBIT "B" (Fidelity National Title) GENERAL ESCROW PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with the disbursement of finds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only wire -transferred fiords can be given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of fiends in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks, Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided to you, If you do not so instruct us, then all finds received in this escrow shall be deposited with other escrow finds in one or more general escrow trust accounts, which include both non -interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution, Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5, Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest -bearing account. All disbursements shall be made by check of Fidelity National Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE FIELD IN TRUST IN A NON -INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing, You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3. SUPPLEMENTAL TAXES The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this or a previous escrow transaction, Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4. UTILITIES/POSSESSION Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 5. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instrumcnts to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s) and Lender(s) named in this escrow. General Provisions Printed: 1/1/0001 12:00 AM by IK EI000076 (DSI Rev. 05/19/17) Page 1 City Council 15 — 24 10/18/2022 7. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED 1N YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. 8. PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any 'Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. if such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender inay hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow. 11. ACTION IN 1NTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be Rilly released and discharged from all obligations imposed by the terns of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "time Limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, die fees and charges due Fidelity National Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 13. CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non -conflicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above). 14. DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein, 15. STATEMEDERAL CODE NOTIFICATIONS According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. General Provisions Printed: 1/1/0001 12:00 AM by JK 11000076 (DSI Rev. 05/19/17) Page 2 City Council 15 — 25 10/18/2022 Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report, In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer, Fidelity National Title Company will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor fiimish tax advice to any party to the transaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Fidelity National Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute, 17. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them. 18. ENVIRONMENTAL ISSUES Fidelity National Title Company has made no investigation concerning said property as to environmcntal/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 20. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 21. FACSIMILEXLECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 22. CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties, Genoral Provisions Printed: l/l/0001 12:00 AM by IK E1000076 (DSI Rev. 05/19117) Page 3 City Council 15 — 26 10/18/2022 23. FUNDS HELD IN ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of $25.00 that is to be charged against the funds held by the Company. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL, THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Fidelity National Title Company conducts escrow business under a Certificate of Authority No. 305350 issued by the California Department of Insurance. Genenil Provisions E1000076 (DSI Rcv. 05/19/17) Page 4 Printed; 1/1/0001 12:00 AM by JK City Council 15 — 27 10/18/2022 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Agreements for A -Tech Consulting, Inc., Dudek, and Leighton Consulting, Inc. for On -Call Various Environmental Services: Environmental Site Assessment and Hazardous Materials Surveys AGENDA TITLE Approve Agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. for On -Call Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for Three -Year Terms (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a three-year term beginning October 18, 2022 and expiring October 17, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency desires to enter into agreements with qualified consulting firms to lead efforts to perform various environmental services for site assessments and hazardous materials surveys on an as -needed or "on -call" basis. (Exhibits 1 through 6). On June 30, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-090 for various environmental services. The RFP was advertised on the City's online procurement management and publication system, with proposals due on August 1, 2022. Eight proposals were received and evaluated by a selection committee composed of City staff from the Public Works Agency. Based on criteria outlined in the RFP, the following summarizes the responding firms and their rankings: City Council 16 — 1 10/18/2022 On -Call Various Environmental Services October 18, 2022 Page 2 Firm City Specialty Area A -Tech Consulting, Inc. Orange Environmental Site Assessment Dudek San Juan Capistrano Environmental Site Assessment Leighton Consulting, Inc. Irvine Environmental Site Assessment A -Tech Consulting, Inc. Orange Hazardous Materials Surveys Dudek San Juan Capistrano Hazardous Materials Surveys Leighton Consulting, Inc. Irvine Hazardous Materials Surveys Staff recommends awarding a set of contracts to both specialty areas to A -Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. to provide environmental site assessment and hazardous materials surveys services needed. Each proposal demonstrated that they have the necessary capacity and expertise to complete the required scope of work. The firm rates are reasonable and within industry standard, the team qualifications are appropriate, and the proposal was determined to provide the best value for the City following interview with the highest scoring proposer from the preliminary evaluation. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The following table summarizes the projects with funds budgeted and available for expenditure on the various environmental services to be provided by the agreements in Fiscal Years 2022-2023 and beyond. Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Measure M 2022-23 03217663-66220 Measure M Competitive, $20,000 (18-6901) Improvements Other Than Building Measure M Local 2022-23 03217662-66220 Measure M Fairshare, $10,000 (23-6900) Improvements Other Than Building Total $30,000 Any unused agreement amounts may be utilized by projects not listed above by following the established on -call services process during FY 2022-23 and for the remaining agreement term. CIP Engineering may also utilize operating funds in the Contracts Services — Professional Accounting Unit (08617613-62300) under these agreement. Prior to utilizing the on -call services for any future task orders without accounts identified City Council 16 — 2 10/18/2022 On -Call Various Environmental Services October 18, 2022 Page 3 above, City staff must receive Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $135,000 aggregate total for each contract, both specialty areas. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. EXHIBIT(S) 1. Agreement with A -Tech Consulting, Inc. for Various Environmental Services — Environmental Site Assessment 2. Agreement with Dudek for Various Environmental Services —Environmental Site Assessment 3. Agreement with Leighton Consulting, Inc. for Various Environmental Services — Environmental Site Assessment 4. Agreement with A -Tech Consulting, Inc. for Various Environmental Services — Hazardous Materials Surveys 5. Agreement with Dudek for Various Environmental Services —Hazardous Materials Surveys 6. Agreement with Leighton Consulting, Inc. for Various Environmental Services — Hazardous Materials Surveys Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 3 10/18/2022 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between A -Tech Consulting, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFfITAIN A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. 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 On an as -needed basis, and at the City's sole discretion, 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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. City Council 16 — 4 10/18/2022 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this City Council 16 — 5 10/18/2022 project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. City Council 16 — 6 10/18/2022 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 City Council 16 — 7 10/18/2022 suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 16 — 8 10/18/2022 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. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 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 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 City Council 16 — 9 10/18/2022 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 may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 City Council 16 — 10 10/18/2022 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) : • s Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Roohi Toosi, Director of Engineering A -Tech Consulting, Inc. 1640 N. Batavia Street, Suite 112 Orange, CA 92867 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 16 —11 10/18/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Roohi Toosi Director of Engineering 19 City Council 16 — 12 10/18/2022 EXHIBIT A SCOPE OF SERVICES City Council 16 — 13 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 wf ORANGE COUNTY SEAT G NEnENl THE GOLD EN CITY EOVNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(csanta-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 14 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana P 2f�090 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana �EP 2f(090 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana TgP 2�7090 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana J16P 2fg090 10/18/2022 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city or Santa Ana y6H 1f.§Jyu 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city or Santa Ana y6t 2, qu 10/18/2022 Page Al-6 1�4paw A -Tech Consulting, Inc. Integrity I Accountability I Leadership Innovation Responsiveness it I Sti T 9 F- ��� - k- k 9P—, rw q-q r, %~ i- F bb.— Proposal for Various Environmental Services Table 1. A-Tech's Key Personnel at a Glance Personnel Role Licenses Percentage Years of Expertise Select Clients of Time Experience Education Page 15 August 1, 2022 Project Monitoring/Management Garden Grove Unified School District Casandra Williams, CAC, DPH, CAC #05-3892 Client Relationship Roman Catholic Bishop of Orange Business Administration & Management 2017, Goldman Sachs CIEC, CEICC Contract Administer ACAC #1404017 10 % 28+ OSHA Safety Training Irvine Unified School District 1OK Small Business Al DPH #3671 Infection Control Risk Assessments Claremont Mckenna College Environmental Due Diligence LA Community College District Project Manager Phase I & II ESAs City of Alhambra MSc 2016, Civil and Environmental Engineering, UC Irvine Roohi Toosi, PE Technical Lead PE CA #91825 25 % 7+ Emerging Contaminants, PFAS Caltrans District 7 BSc 2009, Petroleum Engineering, Tehran University, Iran QAIQC Director Project Management Southern California Edison Industrial Hygiene Monitoring Searles Valley Minerals Roosevelt Ward, CIH, CSP, CIH 11208 CP Environmental Remediation Los Angeles Unified School District MSc 2009, Environmental Health , University of Nevada Health &Safety Director 25 % 17+ QISP CSP - 32397 Indoor Air Quality Assessments Nevada Power BS 2003, Occupational Safety &Health, Indiana University Certified Safety Expert Edward Clark Generating Station Environmental Due Diligence Department of Toxic Substances Control Industrial Hygiene US Army Corps of Engineers MSc 2010, Environmental Science, Cal -State Fullerton Jay Sandoval, CIH ESAs Lead CIH 12379 CP 50 % 16+ Phase I & II ESAs Southern California Edison BA 2022, Environmental Science, UC Irvine Remedial Design and Construction Southern California Gas Company HazMat Site Assessments LA Community College District CAC 914.5269 Public Client Management City of Burbank BSc 2008, Sociology, Minor in Business Administration, Joe Williams, CAC, DPH Hazardous Material Lead 50 % 15+ DPH 919524 Team Coordination and Supervision Inland Empire Utility Agency Michigan State University, Lansing, MI Pre -Demolition Surveys City of Santa Ana Environmental Toxicology Southern California International Airport PhD 1985, Animal Science and Toxicology, New Mexico State Health Risk Assessment City of Alameda, Santa Fe Springs, University, Las Cruces, NM Heriberto Robles, PhD, DABT Risk Assessment Expert DABT 25 % 39+ Air Quality Assessment Torrance MSc 1983, Animal Science And Toxicology, New Mexico State Industrial Health and Safety Empire mine (Grass Valley, CA) University, Las Cruces, NM Phase I & II ESAs California University of Riverside CIH #12604 Solid & HAZ Waste Management Netnix, Inc. Patrick Naffah, CIH, DPH Senior Scientist CDPH #LRC- 50 % 6+ BS 2017, Environmental Science, University of Washington 00008983 HazMat Site Assessments Port of Seattle At Chemical/Oil Spill Prevention Starbucks Corporation HazMat Site Assessments Prime Healthcare Management CDPH #LRC- Phase I & II ESAs Burbank Public Works Department Victoria Lopez, EIT, CAC, DPH Staff Engineer 000009214 50 % 4+ BS 2018, Environmental Engineering, San Diego University Indoor Air Quality Assessments Dignity Health CAC #22.7057 Pre -Demolition Surveys Superior Court of San Diego City Council 16-22 10/18/2022 el A -Tech Consulting, Inc. 21� Proposal for Various Environmental Services Figure 1. A-Tech's Organizational Chart City Council 16 — 23 10/18/2022 Page 16 August 1, 2022 0 A -Tech Consulting, Inc. d d UNDERSTANDING of NEED Proposal for Various Environmental Services Page 17 August 1, 2022 A -Tech understands that the City of Santa Ana is planning to award contract(s) to qualified firms for providing various environmental assessment services in support of its Capital Improvement Program and other projects. It is our understanding that the required services are divided into two separate categories: ■ Category I. Environmental Site Assessments (ESAs) ■ Category H. Hazardous Material Surveys Our approach for this as -needed contract is to designate a single point of contact to the City, who will be managing the daily tasks of awarded projects and ensuring delivery of high -quality products in a timely manner. A-Tech's project manager is available 24/7for responding to City's requests and will coordinate the project requirements with A -Tech Team and staff as soon as the task orders are available. A -Tech has utilized its 20 years of experience in conducting ESAs and Hazardous Material Surveys along with the RFP, Questions and Answers, and Amendments provided by the City to develop a general approach for successful completion of future projects. The scope of work and schedule for the example requested projects are provided in Section 2.0 of this proposal. The Phase I ESAs will be conducted in accordance with the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process " published by the American Society for Testing and Materials (ASTM 1527-21). A-Tech's general approach for completion of a successful Phase I ESA includes: ■ A review of relevant background information such as the site location relative to major man-made and natural landmarks, and surrounding land use. A general review of the geologic, hydrogeologic, hydrologic and topographic conditions as they relate to potential pathways or migration conduits to and from the property. Topography will be noted to the extent visually or physically observed or determined from interviews, as well as the general topography of the area surrounding the Property. The physical setting evaluation will be made utilizing physical observations and the available United States Geological Survey (USGS) 7.5 Minute Topographic Map. ■ A review of oil and gas fields in the vicinity of the site. ■ A compilation of site history and previous land use based on a review of historic aerial photographs dating back to the 1940s, available historic topographic maps, available historic fire insurance maps, and available city directories. ■ A review of chain -of -title records to identify possible recorded environmental cleanup liens. ■ An assessment of the potential for the site to have been impacted by contaminants and/or vapor migration originating from off -site sources based on a review of federal, state, tribal, and local government agency records. ■ A review of local municipal records including building permits, and zoning and land use records. City Council 16 — 24 10/18/ZQ22 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 18 August 1, 2022 ■ An inspection of the site to identify Recognized Environmental Conditions (RECs) that may include indications of the improper handling, storage, or use of potentially hazardous materials. This task also includes interviews with accessible property owners, tenants, and/or local agency personnel about hazardous materials handling and disposal procedures. ■ An evaluation of the possible presence of hazardous materials in structures at the site and/or in the subsurface environment beneath the site, with recommendations, if appropriate, for additional investigations or remediation. A cost estimate of additional activities will be prepared and submitted with the Phase I ESA report. Request Environmental Data Resources, LLC (EDR) to conduct a search of government records and document potential sources of contamination at or in the vicinity of the property. EDR's search includes federal, state, local, tribal, and EDR proprietary records for the property and for facilities within the distances per current ASTM practices. EDR will also search for any environmental liens associated with the Property. The list of research will include, but not be limited to, Environmental Protection Agency (EPA) National Priorities List (NPL) and Emergency Response Notification System List (ERNS); the RCRA generators, and treatment, storage and disposal (TSD) facilities list; Comprehensive Environmental Response Compensations, and Liability Information System (CERCLIS); and the State list of Leaking Underground Storage Tank (LUST) sites. Additionally, local governments will be contacted for a file search and review. An evaluation of potential PFAS sources on site based on available PFAS databases and historical operations at the site. Our experience with environmental projects for various government organizations informs us that Phase I ESAs may be needed because of acquisition of land or facilities, selling, or leasing facilities, terminating leases, or any other property transactions. The Phase I ESAs may conclude that there are no RECs, in which case the project will be completed, or may trigger additional investigations leading to Phase II ESAs. It is also possible that Phase I ESAs have been conducted by other entities and the City needs to initiate Phase II ESAs with the objective of collecting soil, soil vapor, and groundwater data to further assess the environmental conditions. The systematic approach for conducting Phase II ESAs is briefly described below: Meeting with the City Staff The initial review and identification of RECs will be completed during the Phase I ESAs. If a Phase I ESA recommends additional investigation to be conducted at a site, A -Tech will discuss the environmental requirements with the City staff and follow their instructions closely. The findings of the initial review will be discussed with the City to clarify the environmental concerns and to fill in any data gaps. Discussion will also include designation of a regulatory oversight agency, if that is the approach that is advocated for by the City. Potential regulatory oversight agencies include Cities and Counties' Health or Environmental Departments, the Fire Department, the South Coast Air Quality Management District (SCAQMD), Regional Water Quality Control Boards (RWQCB), Department of Toxic Substances Control (DTSC), EPA Region 9, or other local agencies. It is A-Tech's practice not to contact City Council 16 — 25 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 19 August 1, 2022 the regulatory agencies unless directed by the client. The initial review and discussions with City may lead to Phase II ESAs. Preparation of Work Plan If the Phase II ESA is warranted, A -Tech will prepare a work plan by focusing on the City's specific requirements and in accordance with ASTME1903-19. The purpose of the work plan is to have a clear and concise scope of work and the corresponding protocols and methodologies for implementation in accordance with acceptable regulatory guidelines. After review of the work plan by the City, it is submitted to the oversight agency for approval before it can be implemented. Permitting Most of the environmental investigation and remediation activities require permitting from various agencies. Certain soil investigations that do not reach groundwater may not require permitting. Most permits are obtained over the counter but permits related to remediation take time depending on the scope. In Orange County a subsurface investigation requires Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency if 1) the boring is deeper than 50 feet (ft); 2) the boring encounters groundwater, and 3) the boring will be open for more than 24 hours. If requested by the City, A -Tech would prepare the application and proceed with securing the permits. Some regulatory agencies may require a work plan along with the application for permitting. Subcontractor Selection A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, etc.) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and RWQCBs. The findings determine which of the following course of action is required: ■ No further action needed; in which case the report will request site closure. ■ Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs). ■ Investigation is completed but remediation is required. City Council 16 — 26 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 20 August 1, 2022 A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. Site Characterizations/Remedial Investigations If the Phase II ESA confirms the presence of contamination in soil or groundwater, Remedial Investigation is required to determine the best available approach for site cleanup. Complete Phase I and II ESAs and additional investigations resulting from them will effectively characterize the physical, biological, and chemical systems existing at a contaminated site, and develop thorough understanding of the site conditions. Based on the findings of the Phase I and II ESAs and in accordance with ASTM E1689-95 (updated in 2014), A -Tech will develop a Site Conceptual Model (SCM). The SCM is a narrative and/or graphical representation of the current understanding of hydrogeologic conditions and contaminant distribution in the soil -water system beneath the Site. The SCM provides a description of migration pathways of the Chemical of Concerns (COC) and the processes and mechanisms that affect the distribution of COCs in soil vapor, soil, and groundwater. The SCM represents: A geologic cross- section of the Site that effectively identifies the soil profile and types of the soil layers (i.e., clay, silt, sand); Depth to groundwater and the hydraulic gradient within the aquifer; Established background concentrations; COCs concentrations and the extent of their plumes; Contaminant transport pathways and human exposure; and Remediation target zone. After the site is effectively characterized and the SCM is developed, A -Tech will conduct a risk assessment to evaluate the adverse effects of the Site's current conditions on human health and environment. If human health or the ecosystem is threatened by the contamination, Risk -Based Corrective Action must be selected and implemented in accordance with ASTME2081-00 (revised in 2015). A -Tech will conduct a Focused Feasibility Study to evaluate various applicable remedial technologies including no action and propose selection of the most appropriate remedial approach. The flowchart provided in Figure 2 demonstrates the processes and sequence of activities that are involved in successful completion of an environmental remediation project that is initiated by the City's request. A -Tech proposes to evaluate the potential for chemicals associated with the site to cause adverse effects on human health or environmental receptors in the absence of any remedial action. A-Tech's risk assessment approach is designed to fully utilize existing data and information generated during previous investigations at the site in order to minimize the costs and time required to produce a quality document. A-Tech's risk assessments are consistent with the requirements of both the California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency (USEPA). The risk assessment will include the selection of chemicals of potential concern (COPCs), use of critical toxicity factors (i.e., reference doses [RfDs] for non -carcinogens and slope factors for carcinogens) in estimating potential health risks and hazards. RfDs and cancer slope factors developed by the DTSC and USEPA will be used for estimating potential health risks. A report detailing the results of this risk assessment will be prepared in a straightforward format for the review and approval by the regulatory agency. The report will include the justification for the selection of exposure pathways and assumptions necessary to support the estimation of potential health risks and hazards. City Council 16 — 27 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Figure 2. ESA Sequence from Project Initiation to Completion City of Santa Ana A -Tech Consulting Health & Safety Certified Industrial Project Manager - - - - - - - Regulatory Hygienist Agencies Page 21 August 1, 2022 Phase I ESA Soil Sampling Soil Vapor phase II ESA Survey Further Yes Groundwater Investigation Sampling NO Data Evaluation ESA Complete Rea ediatiou & Reporting I"eS _.., Feasibility e*..a. oauuj RiskAssessment Remedial Action Plan l L Remedial Design i Remediation Fate & Transport Analvicec/Mndelinu City Council 16 — 28 10/18/22 IV A -Tech Consulting, Inc. 0 Asbestos Project Management Proposal for Various Environmental Services Page 22 August 1, 2022 A-Tech's Hazardous Material Surveys Lead will assist the City's project manager in the management of any asbestos projects of any size, developing asbestos testing and sampling plans, providing consultation regarding asbestos regulations and requirements, and scheduling and executing asbestos -related projects. Asbestos Surveys Once all pre -field activities are completed, A-Tech's field personnel will drive to the job site to begin conducting the field activities. A -Tech utilizes trained Certified Site Surveillance Technicians (CSSTs) or Certified Asbestos Consultants (CACs) for all asbestos inspections, operation and maintenance preparation, project monitoring and clearance monitoring services. Each of A-Tech's field technicians is outfitted with all necessary equipment and supplies to conduct all types of assessments and clearances, including but not limited to microscopes, high and low -flow pumps, moisture meters, sampling media and tools. Additionally, each technician has a company -issued tablet computer to input all field data into our EnviroShare. Based on the project specifications and regulatory requirements and as requested by the City, we will conduct various types of asbestos surveys including, but not limited to, asbestos screening, limited asbestos surveys, path of construction/pre-renovation asbestos surveys, and pre -demolition surveys. Friable asbestos containing material (ACM), as defined by the U.S. Environmental Protection Agency (EPA) and South Coast Air Quality Management District (SCAQMD), Rule 1403, is a material that, when dry, can be easily pulverized, crushed, or reduced to powder by hand pressure. Non -friable ACM that can potentially be broken, crumbled, pulverized, or reduced to powder during demolition or renovation activities are classified as Class I or Class II, non -friable ACM. To identify suspect friable and non -friable ACM, as required under California law, a California Occupational Safety Health Administration (CAL -OSHA) CSST and/or CAC is required to conduct visual and/or bulk assessments of a structure. During an assessment, our experts will identify homogenous areas of suspected ACMs for purpose of sampling in accordance with current CAL -OSHA, EPA, and Asbestos Hazard Emergency Response Action (AITERA) requirements. The homogeneous areas will be defined with respect to similarities in appearance, age, use, type, color, and/or texture. The condition and estimated quantity of the suspected materials will also be assessed. Once the visual inspection identifies homogeneous areas, bulk samples will be collected from building materials and submitted under standard chain of custody to a laboratory that is fully accredited by National Institute of Standards and Technology (NIST) through participation in the National Voluntary Laboratory Accreditation Program (NVLAP), or a laboratory that participates in the AIHA Laboratory Accreditation Programs, LLC (AIHA), a third -party that is an internationally recognized accreditation body for testing proficiency. We have excellent working relationships with our laboratories and will recommend using them as our subcontractor for City's asbestos testing projects. City Council 16 — 29 10/18/22 IV A -Tech Consulting, Inc. d Asbestos Assessment Reports Proposal for Various Environmental Services Page 23 August 1, 2022 Upon receipt of analytical results from the laboratory, A -Tech will prepare an asbestos assessment report that summarizes pre -field activities, field visual inspections, field sampling activities, sampling results, and recommendations. Our asbestos assessment reports will include (but not be limited to) the name of the surveyor, CACs and project manager; methods and procedures that were utilized in sampling and analysis; the date of survey; drawings and photographs of sampling locations; the laboratory qualifications statement; the existing conditions of the facility; a description of any identified ACM; and recommendations regarding asbestos handling and disposal, if needed. If ACM was identified at the project site, an asbestos abatement work plan will also be prepared and submitted along with the asbestos assessment report that will clearly identify procedures and steps to be followed by the abatement contractors. After internal review and quality control, the draft reports will be reviewed by a professional editor and the editor's comments will be reviewed and incorporated, as appropriate. Asbestos Field Monitoring When a project requires abatement, per regulations the City is required to directly hire an abatement contractor to perform the abatement activities. Once the abatement work plan is finalized, A-Tech's Lead and CACs will assist the City's project manager with bid package development and review of the submitted bids. A -Tech is experienced in coordinating, monitoring, and clearing abatement projects to make sure our clients can gain access to work areas in a timely manner. A -Tech will coordinate with the City on each project to ensure all project documentation meets all regulatory requirements. We will make sure that all required oversight agencies' notifications and documents are submitted by the abatement contractor on time to avoid project delays. During abatement activities, our experienced field technicians will provide oversight of abatement contractors' activities and conduct personal and ambient air monitoring for the work area, as necessary. We will work with the City to maintain the project schedule and can coordinate either with the necessary personnel to schedule clearance tests that will streamline the finalization of the project without lag time. Our approach allows our client as much or as little involvement as they are comfortable with. Asbestos Clearance (Close -Out) Report When the asbestos abatement has been completed, a final visual clearance inspection is conducted followed by air sampling that is analyzed on -site by Phase Contrast Microscopy (PC* utilizing a laboratory grade microscope, or off -site by Transmission Electron Microscopy (TEM) analysis, as necessary. For asbestos projects, we collect background, ambient and general air samples for on -site PCM analysis. If there is an elevated fiber concentration, we want to know right away to immediately modify engineering controls. When the entire abatement and remediation process is complete, a final close-out document will be prepared upon receipt of analytical results. The report will be delivered via email and/or standard mail based upon the City's preference. The final close-out document contains, at a minimum, an executive summary indicating methods of work; areas and materials abated; regulatory compliance; sample analysis findings and conclusions. The close-out report would also include (but not be limited to) project diaries, project checklists, permits, air monitoring logs, contractors' certifications, submittals and/or notifications, digital photographs, final visual inspection forms and clearance letters. City Council 16 — 30 10/18/22 IV A -Tech Consulting, Inc. 0 LBP Testing and Assessment Proposal for Various Environmental Services Page 24 August 1, 2022 A -Tech utilizes trained Certified California Department of Public Health (DPH) Inspector/Assessors and DPH Project Monitors for all lead inspections, hazard assessments, project monitoring and clearance monitoring services. For Lead Based Paint (LBP) inspections of pre -designated areas, our DPH Certified Inspectors/Assessors, will utilize an X-Ray Florescence (XRF) analyzer and screen all painted surfaces, ceramic, and porcelain components by utilizing Cal-OSHA's and the U. S. Department of Housing and Urban Development's (HUD) sampling protocols. If analysis of suspect components using the XRF is not conclusive of presence of LBP, chip samples will be collected and analyzed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS), in accordance with current regulatory requirements. We will summarize the results and procedures in an LBP Assessment Report that will include (but not limited to) name of the inspector, date of inspection, all the XRF readings and their location logs, paint chip sample collection procedures and locations, results of laboratory analyses and its accreditation statement, and recommendations for next steps. If LBP was identified in any of the materials, an abatement work plan will be prepared and submitted along with the assessment report for execution by the abatement contractor. LBP Abatement and Monitoring For lead abatement or paint stabilization activities, we inspect the integrity of the containment, review all applicable notification and/or submittal documentation, review all abatement worker certifications and ensure a copy of the survey and work plan are on site during the work period. The project is monitored continually to ensure no migration of LBP occurs and that proper engineering controls are implemented as well as proper protective equipment are being utilized by the lead abatement contractor throughout the project. Upon completion of the removal/stabilization project, our technicians conduct a final visual clearance inspection and clearance sampling. Upon approval of the visual inspection, clearance wipe or soil sampling is performed and sent to a certified laboratory that will analyze the samples using AAS. If requested, A -Tech will also obtain and submit samples which will be analyzed for Waste Stream Characterization (TCLP, TTLC and STLC) to determine disposal requirements for generated lead waste on a project. As it was described above, A-Tech's personnel will assist the City in overseeing abatement contractors' activities. We will provide air monitoring and consultation on as -needed basis to ensure compliance with all the applicable rules and regulations, such as SCAQMD Rules 1403, 1150, 1166, and 1466. We understand that the City may be required to provide air monitoring during abatement and remediation activities, including but not limited to monitoring for dust, asbestos fiber content, VOCs emission, and any COPCs that might be emitted to the air by site disturbance. We have all the necessary equipment and tools in-house to conduct all the air monitoring requirements of this contract, and our personnel have experience utilizing PMlo, using either direct -read or datalogging particle counters, and photoionization detectors (PID). Our qualified consultants will be available 24/7 to provide consultations to the City regarding air monitoring and any other pertinent environmental issues. City Council 16 — 31 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 25 August 1, 2022 We take pride in our immediate responsiveness, while delivering quality results. A-Tech's personnel are available 2417 to provide any environmental consultations regarding the City's projects and activities. Our team of professionals are trained and qualified to provide emergency response to the City's requests. We can mobilize to any site in Southern California within one to two hours of notification. For areas further away, we require a 24-hour notice prior to mobilization to the project site. If projects' conditions require off -hours' services, our personnel will work accordingly to get the job done within the required time frame. Our field technicians reside throughout San Diego, Los Angeles, Orange, San Bernardino, and Riverside counties and are available to mobilize to any project site quickly. A -Tech works with technicians on rotation for evenings, weekends and holidays, to be prepared in the event of an after-hours service requests. Our project managers are experienced in adjusting technician availability and turnaround time of deliverables to fit the urgency and magnitude of any project. A -Tech provides a wide variety of environmental consulting services, including but not limited to: Phase I & 11 Environmental Site Assessments, Remedial Investigations, Groundwater Studies, Groundwater Modeling, Feasibility Studies, Remedial Design and Operation, Asbestos and Lead Inspections and Surveys, Mold Inspections, HAZMAT/Universal Waste assessments, Project Monitoring/Management Services, Indoor Air Quality Investigations, Bioaerosol Monitoring, Air Quality Testing, Environmental Health & Safety Audits/Inspections/Trainings, Risk Assessments, Radon Testing, Silica Exposure Assessments, Industrial Hygiene Assessments and Monitoring, Stormwater Sampling, Emergency Spill Response & Clean-up, Environmental and Industrial Wastewater and Stormwater Testing. e. RELEVANT PROJECT EXPERIENCE A -Tech has more 20 years of experience in conducting hazardous materials assessments and providing environmental consultation to its clients. Table 2 presents a select list of related projects that has been conducted by our team in the past three years. Additionally, more projects have been selected to provide further details on the experience of our team. City Council 16 — 32 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Table 2. Select Projects of Past 3 Years Page 26 August 1, 2022 Date Related Client Project Name and Type Location Completed Category Early Childhood Facility Baldwin Park Unified School Phase I & II ESAs / HazMat Commerce, CA Sep-22 I & II District Surveys HazMat Surveys for 80+City City of Burbank Burbank, CA Ongoing II Buildings Los Angeles County HazMat Surveys of Various Los Angeles, CA Ongoing II Superior Court Courts in the County Long Beach Airport Hangar Construction Long Beach, CA Aug-22 Methane Investigation Exxon Mobil/Pacific Oil Gas Station Renovation UST Pasadena, CA Jun-22 Group Removal Investigation City Yard UST Removal City of Burbank Burbank, CA May-22 I & II Investigation Caltrans D7 Site Investigation Various, CA Mar-22 HazMat Surveys of all City City of Pasadena Pasadena, CA Dec-21 II Buildings US Army Corps of Engineers Extensive Site Investigation Fort Wingate, NM Nov-21 and Remediation Bristol Substation PEA / Southern California Edison Santa Ana, CA Oct-21 Phase I & II ESAs LA City College HazMat Los Angeles Community Surveys and Site Los Angeles, CA Aug-21 I & 11 College District Investigation Malibu Mesa Water UST Removal Investigation / Malibu, CA Jul-21 I & II Reclamation Plant HazMat Surveys Maintenance Yard Site Palo Verde Irrigation District Investigation and Blythe, CA Feb-21 Remediation SLC-8 Launchpad Phase I Vandenberg Airforce Base Environmental Baseline Vandenberg, CA Jan-21 Survey City of Pomona Fire Stations Site Closure Pomona, CA May-20 City of Alhambra City Yard Phase 11 ESA Alhambra, CA ct-19 Divisadero Substation Phase r�Jan-19 Southern California Edison Visalia, CA I & II ESAs City Council 16 — 33 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 27 August 1, 2022 Type: Category I Client: Southern California Edison (SCE) Disclaimer: Mr. Toosi was the senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Involvement: 2017-Nov 2021 Project Description: Land divestiture, even more than land acquisitions, exposes clients to long term potential environmental liabilities. For retirement of SCE's Bristol Substation, which is located within the City of Santa Ana's Bristol Street Corridor Specific Plan (BSCSP), Mr. Toosi's team was hired for conducting initial environmental site assessments (ESAs). The objective of our work was to identify any Chemicals of Potential Concern (COPCs) that may have originated from SCE's historical operations, delineate the extent of the impact, and remediate the Site consistent with the City of Santa Ana's future use standards and other pertinent regulatory protocols and guidance documents. Our Phase I ESA report identified potential Recognized Environmental Conditions (RECs) that were attributed to polychlorinated biphenyls (PCBs), fuel -related petroleum hydrocarbons and volatile organic compounds (VOCs), and loss of mercury from the switches. Therefore, we planned for conducting additional site assessment and soil and soil vapor sampling at the Site. The Department of Toxic Substances Control Board (DTSC) was the oversight agency for this project. In 2020, we completed the Site characterization and delineated the area that was impacted by arsenic, lead, and PCBs. Our team developed the grading plans and managed the soil remediation by excavation activities. Upon completion of the remediation, the DTSC requested a Preliminary Endangerment Assessment (PEA) report to be prepared and submitted to the agency for Site closure. Mr. Toosi was the professional engineer who reviewed and stamped the PEA, which was submitted to the DTSC for final review. During this project, our team communicated every step of the work with the City of Santa Ana to ensure the BSCSP is not impacted by the investigation and rampdiatinn uinrlr Key Personnel: Mr. Toosi was the senior engineer and Dr. Robles was the risk assessment expert of this project. Figure 3: Soil Excavation at SCE's Facility, City Council 16 — 34 101181,JQ22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 28 August 1, 2022 Type: Category I & II 1 Client: Baldwin Park Unified School District I Project Period. Jun 2022-Sep 2022 Project Description: The Baldwin Park Unified zardous Material Surveys School District (BPUSD) is proposing a commercial Phase • property to be transformed to an early childhood erty Assessment care facility. In request of the Federal funding " rv, agent, the BPUSD retained services of A -Tech to Concentrated Industrial Area conduct a Phase I ESA for this facility. A -Tech identified several recognized environmental conditions (RECs) related to potential use of herbicides and pesticides from historical farming activities; potential release of petroleum hydrocarbon from oil & gas well fields in the Site vicinity; potential leakage of oil & grease from the Site's UST; active contaminated site upgradient of the Site with ongoing remediation activities; truck staging activities and cargo freights at the Site; and the historical oil equipment service shop across the alley and upgradient to the Site. Based on these findings and the sensitive nature of the proposed land use, A -Tech recommended a Phase 11 ESA for this property. The Federal Early Childhood Education officer concurred with A-Tech's recommendations and requested a Phase 11 ESA for the Site. A -Tech currently is developing the Phase II ESA work plan and planning on securing the required permits to conduct the field activities. Key Personnel: Mr. Toosi is the project manager, Mr. Sandoval is the senior scientist, Mr. Ward is the CIH, Mr. Williams is the HazMat Survey Lead, and Ms. Lopez is the staff engineer for this project. Type: Category I & II 1 Client: City of Burbank Project Period: January -May 2022 Project Description: A -Tech was retained by the City of Burbank, Public Works Department to conduct environmental monitoring during removal of a 3,000-gallon USTs. The site is a Maintenance and Park Storage located in the City of Burbank. A - Tech monitored for VOCs via direct -read instruments during the removal of the tank and provided immediate recommendations, based on the results of the readings. Additionally, we collected samples to evaluate any leakage from the UST and conducted waste characterization. A -Tech also performed testing for asbestos at this building. All suspect asbestos containing -materials were tested and submitted to a certified laboratory for analysis. The city is A-Tech's oldest client, and they rely on A - Tech for their environmental needs. City Council 16 — 35 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 29 August 1, 2022 Key Personnel: Mr. Williams was the HazMat Survey lead, Mr. Sandoval was the site investigation and assessment lead, and Mr. Ward was the CIH for this project. Type: Category I Client: City of Alhambra Project Involvement: 2018-2019 Disclaimer: Mr. Toosi was the deputy manager and senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Description: Five USTs containing gasoline and waste oil were removed from the City of Alhambra's Maintenance Yard in the 1990s. However, the soil in the area was not evaluated for the presence of residual contamination. The LA Water Board on April 20, 2018, sent a Corrective Order Letter to the City. That order requested additional assessments to be conducted and a work plan for these activities must have been submitted to the LA Water Board by May 20, 2018. Our team was contacted by the City's Utility Department's Deputy Director, Mr. David Dolphin, to initiate developing the work plan and submit to the agency by the requested deadline. The LA Water Board approved our work plan and requested the results of the investigation in a technical report format by October 13, 2018. We completed all pre -field activities and hired subcontractors that we felt were the most qualified while offering the best value and mobilized our field crew on October 1, 2019. For this project, our team: ■ Drilled a total of 12 borings using direct push technology (DPT) to a depth of 35 feet below ground surface and collected samples at every five-foot interval. ■ Analyzed the samples using a mobile laboratory subcontractor for total petroleum hydrocarbons (TPH) and volatile organic compounds; and Showed, based on the results of this investigation, that the removal of the USTs was conducted properly, and that no residual contamination was present at the site. On October 12, 2018, we Submitted the final Site Closure Report and requested closure for the site from the LA Water Board. On October 7, 2019, the Water Board issued a no further -action letter and approved our request for Site Closure. The city was delighted with our team's efforts to finish this project within the budget in a timely manner. We have established relationship with the LA Water Board's staff and have a reputation as a diligent consultant, whose mission is to protect the environment and ensure its clients are not environmentally liable. Key Personnel: Mr. Toosi was the deputy project manager and senior engineer for this project. City Council 16 — 36 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 30 August 1, 2022 Type: Category I & II Client: Los Angeles Community College District Project Involvement: 2020-March 2022 Disclaimer: Mr. Toosi secured this contract and managed it at his previous role as the vice president of Rubicon Engineering Corporation. A -Tech still is Rubicon's subcontractor and provided services in collaboration with Mr. Toosi. Project Description: In 2019, A -Tech as part of the Rubicon Team was awarded an on -call environmental consulting services contract with the Los Angeles Community College District to provide various environmental services including asbestos and lead sampling and monitoring, limited environmental investigation, and waste characterization investigation. We have since received multiple task orders and established a working relationship with the Los Angeles City College project team. In 2020, we completed a comprehensive survey of hazardous materials for the Central Plant Phase II renovation project, which assisted the client to comply with requirements of the South Coast Air Quality Management District (SCAQMD) Rule 1403. As a testament to our ability to respond to emergency situations, we conducted and completed an emergency project with short notice and turnaround for the Cesar Chavez Street emergency project. We mobilized to the site with the same day delivery of results, conducted inspection and sampling of a suspected transite pipe, prepared a SCAQMD Procedure 5 Work Plan, oversaw abatement activities, conducted clearance inspection, and provided a close-out letter. Due to the fast -paced nature of this job we completed this project within 20 working days, 10 days of which were spent waiting for the SCAQMD and Cal -OSHA notifications. In another task order, Mr. Toosi managed and conducted a limited soil investigation project at the Los Angeles City College to evaluate any potential contamination at the proposed Cesar Chavez Admin Building construction site. Our team arranged for mobilization to the site and collected 40 soil samples at various depths and analyzed them for any potential hazardous contaminant groups. Due to the ongoing construction activities the project required faster turnaround time than usual. The College managers were delighted with Mr. Toosi's responsiveness and quick attention to this project. Key Personnel: Mr. Toosi was the project manager, Mr. Williams was the HazMat Survey lead, and Dr. Robles is the risk assessment expert for this contract. City Council 16 — 37 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 31 August 1, 2022 Type: Category II Client: Veteran Affairs (VA) San Diego Healthcare System Project Period: Jul 2020-Nov 2020 Project Description: In July through November 2020, A -Tech performed asbestos and lead project monitoring at the VA San Diego Healthcare System. During all phases of the project, A -Tech coordinated all activities with the abatement contractor and the client. Weekly clearance documentation was sent to the client and relevant hospital personnel. Routine inspections were performed throughout each shift to ensure that the large containment was secure and free of breaches, and that all work completed by the abatement contractor was performed in accordance with all current regulations. In addition, A -Tech collected air samples outside of the containment to ensure that no asbestos fibers were migrating from the containment. As a result of the careful attention to this project, there were no unnecessary project stoppages. A close-out report was provided to the client after all abatement activities were completed. Key Personnel: Mr. Williams was the HazMat Survey Lead of this project. Type: Category II Client: Santa Ana Unified School District Project Period: Mar 2022 Project Description: On March 16, 2022, A -Tech provided consultation to the client during all phases of the asbestos and XRF-lead assessment. The scope of work was included testing all materials on the interior of the library for asbestos and lead. A - Tech provided verbal results to the client as soon as laboratory results were available. A full assessment report was delivered within three days of A -Tech receiving the laboratory results. This assessment report was immediately stored in Santa Ana USD's vendor portal, maintained by A -Tech. Figure 4: View of Abatement Activities City Council 16 — 38 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 32 August 1, 2022 f. REFERENCES Type: Category I Client: Baldwin Park Unified School District Project Name: Phase I & 11 ESAs for Proposed Early Childhood Care Facility Contact Name: Ray Rankin, Director of Maintenance and Operations Contact Email: Rhrankin911(cr�,bpusd.net Contact Phone: (626) 705-9154 Type: Category I & II Client: City of Burbank, Public Works Department Project Name: UST Removal Investigation and Comprehensive Hazardous Material Surveys Contact Name: Dean Pearson, Construction Manager Contact Email: DPearson(kburbankca.gov Contact Phone: (818) 238-3817 Type: Category II Client: City of Pasadena Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Henry Frometa, Human Resources, Safety Coordinator Contact Email: hfrometakcityofpasadena.net Contact Phone: (626) 744-3818 Type: Category I & 11 Client: Los Angeles Community College District Project Name: Comprehensive Hazardous Material Survey and Limited Environmental Investigation Contact Name: Steve Campos Contact Email: steve.campos cgbuild-laccd.org Contact Phone: (626) 510-4393 Type: Category II Client: Santa Ana Unified School District Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Fentriss Winn Contact Email: fentress.winngsausd.us Contact Phone: (760) 717-3077 Type: Category II Client: Superior Court of California, County of Los Angeles Project Name: Comprehensive Hazardous Materials Surveys Contact Name: Michael Berry, Facilities Services Supervisor ContactEmail: MBerry(&lacourt.org Contact Phone: (213) 633-1052 City Council 16 — 39 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services 2. SCOPE OF WORK AND SCHEDULE As part of the RFP, sample fee proposals have been requested for the following properties: ■ Project #1: Halladay Property: 2245 S. Halladay Street, Santa Ana, CA 92707 ■ Project #2: Former Arco Gas Station: 2245 S. Main Street, Santa Ana, CA 92707 Page 33 August 1, 2022 A -Tech has prepared the following scope of work and schedule of events specific to these two projects and has provided a separate fee proposal in a sealed envelope that corresponds to these activities. Please note that we refrained from repeating our general approach that was explained in Section Ld and here we focus on specific activities, project background, and schedule of events. It is our assumption that the City of Santa Ana has issued task orders and requested A -Tech two separate cost proposals for conducting ESAs along with Hazardous Material Surveys at above properties. a. PROJECT W : HALLADAYPROPERTY It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it as an office building for employees. The Site currently consists of a single -story building in a residential neighborhood. A -Tech is retained to conduct a Phase I ESA and a comprehensive hazardous material survey of the building materials. Below is A-Tech's systematic approach to this project: Upon receipt of notice to proceed, A -Tech will arrange for a kickoff meeting to discuss the Deliverables: project requirements and obtain project relevant ✓ Phase I ESA Report information. We visited the Orange County V EDR Reports as Appendices Assessor Office website to find the Assessor V Owner Questionnaire as Appendix Parcel Number (APN) of 016-105-19. A -Tech V Site Reconnaissance Checklist as Appendix will quickly review the readily available historical aerial photographs on htlps://www.historicaerials.com/ to develop a general understanding of the Site and its vicinity. After the meeting, A -Tech will start preparing the Phase I ESA as described in Section Ld. For this Phase I ESA we will conduct a site visit, perform an interview with the owner/tenant, subcontract EDR for database research, and generate the final tables and reports. A site visit checklist along with interview questionnaire will be completed and provided as an appendix to Phase I ESA report. EDR results will be presented as appendices to the report. The detailed cost estimate for the Phase I ESA of Halladay Property is provided in Table B of the sealed fee proposal envelope. A -Tech will compile all the findings in a Phase I ESA Report and provide all supporting documents as attachments. The report will provide recommendations for further assessments and environmental requirements of the project. For this project and due to the historical conditions of the Site, A -Tech assumes that the project is completed with a Phase I ESA and no further assessment is required. City Council 16 — 40 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 3. Schedule of Phase I ESA for Halladay Property # Activity Pre- Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Site Visit and Interview 1 1 Week 3 Database Review 1 1 Week 4 Report Preparation 1, 2, and 3 3 Weeks Total Duration 4 Weeks In case the City plans to conduct any renovation or construction at the subject property, a comprehensive hazardous material survey is needed according to regulatory requirements. Comprehensive Asbestos Assessment Page 34 August 1, 2022 Deliverables: ✓ Comprehensive Asbestos Report ✓ Comprehensive Lead Assessment Report This assessment will satisfy all the requirements of a pre -renovation assessment, in accordance with Cal - OSHA Rule Title 8 CCR 1529 and NESHAPISCAQMD Rule 1403, as it pertains to this project only. Our certified asbestos consultant or certified site surveillance technician (CAC or CSST) will conduct an inspection of all areas and bulk sampling of suspect asbestos -containing materials (ACM), utilizing AHERA sampling protocols. We will arrange for access to all locations. Our scope includes analysis of suspect ACM samples by a NVLAP accredited laboratory, utilizing Polarized Light Microscopy (PLM) with dispersion staining, in accordance with current regulatory requirements. Sample analysis is based on standard 5 Day Laboratory Analysis. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, friability evaluations and remedial recommendations. Comprehensive XRF-Lead Assessment A -Tech will also conduct an inspection of all locations and sampling of any suspect lead -containing materials (LCM) via XRF, chip sampling of painted surfaces or bulk sampling of ceramic/porcelain components by a CDPH Certified The detailed cost estimate for the Hazardous Material Inspector/Assessor or Sampling Technician, utilizing Cal- OSHA's and HUD sampling protocols. The analysis of suspect lead bulk samples will be performed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS) and/or Total Threshold Limit Concentration (TTLC), in accordance with current regulatory requirements. Review of proposed renovation plans, if available. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, condition evaluations and abatement/stabilization recommendations. The following are typical suspect lead - containing materials found at this type of structure: Ceramic Tile, Painted Surfaces, and Porcelain Sinks & Toilets. City Council 16 — 41 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 4. Schedule of Hazardous Material Survey for Halladay Property # Activity Pre -Requisite Activity Duration 1 Fieldwork -- 1 Day 2 Laboratory Analyses 1 5 Days 3 Final Report 2 7 Days otal Duration 13 Days b. PROJECT #2: FORMER ARCO GAS STATION Page 35 August 1, 2022 It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it for residential redevelopment. We researched the State Water Resources Control Board's Database of Environmental Records — GeoTracker, with the Site address to evaluate the Site and its surrounding conditions. A -Tech identified that the Site is a former Arco Gas Station #5147 with a closed cleanup case (GeoTracker Global ID of T0605900621). The Site obtained closure as of March 23, 2022, from the Santa Ana Regional Water Quality Control Board (Water Board). Since 2005 until closure in March 2022, numerous environmental investigations, remediations, and litigations were conducted related to release of petroleum products from historical gas station operations. A -Tech has reviewed these reports and provided a summary of the reports and regulatory activities in Table 5. For the purpose of this fee proposal and as it is described in the RFP, A -Tech assumes that the City of Santa Ana has retained services of A -Tech for 1) conducting a Phase I ESA of the property, 2) the Phase I ESA will lead to a Phase II ESA in connection with UST removal activities, and 3) a comprehensive hazardous material survey of gas station structures and the shops building. A Phase I ESA will be prepared in accordance with the updated ASTM 1527-21 and as described in Section Ld. The Phase I ESA for Deliverables: this project will be in accordance with the ✓ Phase I ESA Report Schedule of Halladay Property project as it is presented in Table 3. Because of the historical operations at the Site and the potential leakage from the USTs and gas station activities, it is more than likely that the Phase I ESA conclusion will warrant conducting a Phase II ESA for this property. The detailed cost estimate for the Phase I ESA of Former Arco Gas Station is provided in Table D of the sealed fee proposal envelope. City Council 16 — 42 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table S. Chronological List of Historical Events at the Former Arco Gas Station Page 36 August 1, 2022 Document Date Document Type Consultant/Agency Notes Dormancy status (redo... sampling f equ...y to semi-annual basis/ monitoring to only 3 wells) rejected due to: Elevated/Fluctuating Levels of Fuel Oxygenates present in perimeter, Wall BH-8 (adjaeent to western January 05 2005 Request for Dormancy Delta Environmental Consultants USTIOispe...r ). High concentrations of Benzene in Wall BH-2 (former UST.; Southeast boundary) not wall defined. Sampling frequency (reduced from quarterly to annually) of Wells BH 1,11,12,13,14, and 18. Sampling frequency (must remain quarterly) for wells BH-6, 10 and remainder of Wells Quarterly Update Report Report aubmittad January 27, 2005: January 27 2005 Submittal Delta Environmental Consultant. Verbiage for previous quarters update report was Incorrectly left in this repo:. Resubmitted February T, 2005 Work Plan for Additional Proposed Scope of We-: January 28 2005 Groundwater Delta Environmental Consultants Install anew monitoring well I ... tad ... [/southeast of the former UST., a 1v.... one soli boring BH-19 to a Assessment depth of 22 it bgs and place screen from 5 ft bgs to total depth Resubmittal correcting previous Quarterly Submittal (4th Quarter 20") Jan 30, 2005: February OT 2005 Quarterly Update Report Della Environmental Consultants Grou-i-st., monitoring ...ducted (no -purge sampling) D... mber 17, 20" Submittal Analyzed for THG-g, BTEX, MTBE. Groundwater was not collected for Wells ON. 1, 11 through 14, and 18 Workplan for Additional Water Board Approved: February 15 2005 Groundwater Santa Ana Water Board One additional groundwater monitoring will be installed (to delineate lateral extent of high benzene Assessment ,ntmtl... ) In well BH-2 (east-southeast of UST exeavatlon/adjaeent residential complex) Request to cancel additional work plan Implamant.U.. because the utility location and geophysical survey Request to Rescind ques ondu.t.d on April 21, 2005, concluded the proposed well could not be safely installed. It was requested that June 09 2005 AGroundwater Additional Della Environmental Consultants alternative site eharocterizallon melhotla to be consitlerea or requirement of additional assessment to be Assessment .gma.a Revised Work Plan for May 15 2006 Additional Ground Water Della Environmental Consultants Request to rescind from June 09, 2005 was denied through a phone call conversation on June 22, 2005 Assessment Location of BH-19 revised to avoid utility interference On July 3, 2006 the proposed location of BH-19 was adjusted because a 12-inch concrete piping was found in the proposed revised location, therefore the well location was moved 3 feet North August 17 2006 Off -Site Well Installation Delta Environmental Consultants No detectable concentrations of benzene, toluene, ethylb... e c, total xylenes, MTBE, TBA, DIPE, ETBE, TAME Status Report or ethanol were found for the soil collected from BH-19. Soil Sample BN-19-10 has no detectable concentrations of BTEX, MTBE or TBA but had TPH-g .....nation of 290 mg/kg Resolution No. 2009-0042 was ad.pt.d May 19, 2009 this resolution mandates that agencies reduce quarterly monitoring requirements to a semi-annual basis unless sit¢ specific needs warrant otherwise: July 28 2009 Staff Letter Santa Ana Water Board Based on evaluation Wall. BH 2 through 4, T through 9, and 15 through 17 may be reduced to semi-annual mpling schedule Proposed adv... ent and sampling of 3 boring samples (C3B-1 through 3) In the areas of former dispenser August 31 2011 Work Plan for Stratus Environmental, Inc. island, UST. and product lines. Co motion Soil Borings Samples will be analyzed for Gasoline Range Organics, BTEX, MTBE, DIPE, ETBE, TAME, TBA and ethanol Revised Workplan for Advancement. of proposed soil boring location of August 31, 2011 to a depth of 15 ft Bgs, approximately 5 it November 10 2011 Confirmation Soil Borings Stratus Environmental, Inc. into groundwater Approval of Revised Work Plan for Confirmation Soil Borings dated November 16 ,2011 where 3 soil borings be January 05 2012 Staff Letter Santa Ana Water Board advanced to approximately 15 feet bgs and samples eollaet,d from each borehole at 5-foot intervals Air monitoring conducted during exeavatlon activities during March 3, 2012 where the breaking and removal of April OB 2012 Rule 1166 Soil Monitoring Stratus Environmental, Inc. asphalt and excavation of pea gravel and soil was conducted. Report VOC concentrations were not detected during excavation activities First Quarter 2012 jApol 30, 2012): work performed this quarter. submitted in the Quarterly Monitoring Report, Fourth Quarter 2011 on January 30, April 30 2072 Quarterly Status Report Stratus Environmental, Inc. 2012. No groundwater.ample. ware collected. Implemented the Revised Work Plan for Confirmation Soil Borings, dated November 10, 2011, on March 15 and 16, 2012 Confirmation of four soil borings to 15 ft bgs (CSB 1 through 4) Elevated concentrations of petroleum hydrocarbons, including benzene, were detected in ne r surface soils in May 14 2012 Confirmation Soil Boring Stratus Environmental, Inc. areas corresponding to both the former tanks and western dispans¢r area. The highest concentrations of TPH-9, Report benzene, xylenes, TMBs and naphthalene were encountered in CB-1 (10 feet bgs; southeast corner of site). Residual hydrocarbons were detected to total depth at all four drill locations Be.etl on the results of the Confirmation Soil Boring Report, agency required air-sparge wells AS-1 and AS-2 to July 12 2012 Staff Letter Santa Ana Water Board be sampled during next groundwater event, and soil vapor survey and risk assessment to be completed to determine the potential vapor intrusion threat posed by shallow residual contamination Non-compliance, failing to respond to directive, which required that a soil vapor survey and risk assess m¢nt to February 28 2013 Staff Letter Santa Ana Water Board be performed to evaluate the potential threat to human health posed by the elevated residual petroleum hydrocarbons enc unt.red in soils during confirmation sampling. Response to Non -Compliance by Straus: The newly adopted [at the time] Low.Threat Closure policy stales evaluation of the potential petroleum vapor intrusion to indoor air is not required at active commercial March 29 2013 Workplan for Shallow Soil Stratus Environmental, Inc. petroleum fueling facilities, lithology of subject site indicated release characteristics do not pose a threat to Vapor Survey pen gency's request, prepare a human health. To res d to a t, however, Straus will Work Plan to conduct a risk ent and a shallow sell vapor survey In general accordance with the DTSC Advisory Work Plan Approved, but all hydrocarbon related compounds with established screening levels must be quantified to sufficiently low limits to allow for comparison against California Human Health Screening Levels May 23 2013 Staff Letter Santa Ana Water Board (CHHSL.). Due to the very close proximity of adjacent residential structures, the resulting site data must be valuated under both commercial and residential exposure scenario Responsibility of the Arco Site had transferred from Atlantic Richfield Company to Tesoro Refining and July 3 2013 Owner Letter Tesoro Refining & Marketing, LLC Marketing, LCC effective June 1, 2013 Workplan for Additional Two (2) hand -auger borings be advanced In the vicinity of the current and former waste ell lank, In order to April 30 2014 Site Assessment Stratus Environmental, Inc. collect more detailed information on subsurface conditions near this potential area of concern. Additional Site In order to assess the presence of petroleum hydrocarbons In the vicinity of the existing waste oil tank, two soil August 22 2014 Assessment Report Stratus Environmental, Inc. borings (HA-1 andHA-2) ware advanced and results were presented. Regional Board staff has determined this environmental cleanup case eligible for site closure. Groundwater October 30 2014 Determination of Santa Ana Water Board monitoring and sampling activities may be reduced to an annual frequency (performed 2nd Quarter) pending site Eligibility for Closure closure Work Plan to perform additional soil sampling associated with the removal of the underground storoge tanks Work Plan fo r Soil (USTs), waste oil tank, hydraulic hoist, fuel dispensers and product piping. May 7 2079 Borings and oil Stratus Environmental, Inc. Sampling of fourteen soil borings associated with USTs, waste oil tank, and hydraulic lifts and the collection of Piping Sampling oil samples along the product piping and fuel dispense - Destruction of eleven onsite groundwater monitoring wells (BN-1 through BN-4, BN-6, BN-8, and BN-13 through September 6 2019 Well Destruction Report Stratus Environmental, Inc. BH-11 antl two o site dual nested air-sparge wells (AS-1 and AS-2) The wells were removed to facilitate site tlemolition asset ated with the City of Santa Ana's street widening project Communications on October 8 and 21, 2019 and January T, 2020 between Regional Water Board staff and State Revised Review Water Boartl staff, the following scope was disco ... d and agreed upon: The Site meets LTCP criteria for current January 23 2020 Summary Report - State Water Resources Control relal land use, It Is reasonable to re-evaluate Site conditions against the Policy when the future property Concur with Closure Board us.has been determined, Responsible party should contact the Department of Water Resources to onfirm/verify the location of the supply well, supposedly located less than 500 feet east of the Site. Concurrence of Site Closure Recommendation Evaluated nearby water -supply walls and confirmed that the walls do not exist. No further groundwater sampling May 6 2020 8 Cancellation of Annual Stanlee Consulting Services Inc. of the six off -site street groundwater monitoring wells was needed Groundwater Sampling Notification of Case Based on available data, the gasoline contamination in soil and/or groundwater beneath the site appears to have May 4 2021 Closure Santa Ana Water Board been adequately d and mitigated and environmental ease closure may appropriate be a late at this time. qua y assess. ga Well Destruction Removal and/or abandonment of all walls and other site improvements related to the underground storage tank September 9 2021 Directive Santa Ana Water Board cleanup must be done before a final case closure summary The destruction of six off -Site groundwater monitoring well. (BH-T, BH-9 through BH-12, and BH-18) part ormea November 23 2021 Well Destruction Report Stantec Consulting Services Inc. November 8 through 10, 2022 Agency finds that the site investigation and corrective action carried out at the above-r.f.r.n..d UST site is in March 23 2022 Closure Letter and Final Santa Ana Water Board c mpliance with the requirements and with corrective action regulations set and that no further action related Case Summary to the petroleum releases(.) at the site is required. City Council 16 - 43 10/18/2022 40 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Background, Proposed Scope of Phase H ESA Page 37 August 1, 2022 From review of the Site documents available on Deliverables: GeoTracker, A -Tech assumes that the Site ✓ Work Plan for Field Activities features include three 12,000 gallon, double- V Health & Safety Plan (HASP) walled, fiberglass gasoline USTs, one 500-gallon double walled, fiberglass waste oil UST, and their V Orange County Boring Permit Application ✓ Geophysical Survey associated hydraulic hoists dispensers and ✓ Field Daily Report associated product lines, and vent lines. The Site V Phase II ESA Report is a rectangle with approximate dimensions of 80 V Cost Proposal for Remediation Activities by 120 feet. Based on this information, A -Tech ✓ Cost Allocation and Responsible Parties is planning for two borings per 12,000-gallon 14( UST area, one boring for the 500-gallon UST area, and three borings at each 20 linear feet of piping. Historically, groundwater is encountered at approximately 10 feet bgs at or near the Site vicinity. The chemicals of potential concern (COPCs) at the Site include Total Petroleum Hydrocarbon (TPH), and Volatile Organic Compounds (VOCs). Due to potential use and storage of lead -containing gasoline, A -Tech also recommends Title 22 metals to be included as the COPCs. A total of ten (10) borings will be advanced using a hydraulic direct -push technology (DPT) drilling rig. The soil will be logged using the Unified Soil Classification System (USCS). Borings will be advanced to a maximum of 20 feet bgs and soil samples will be collected starting at 1.0 feet bgs and repeated at 5.0, 10.0, 15.0, and 20.0 bgs. Because of the shallow groundwater, samples will be collected in borings where groundwater is encountered using hydropunch valves. In addition, we will install soil vapor probes at 5.0 and 15.0 ft bgs at three selected borings and collect six soil vapor samples with summa canisters. The soil samples will be collected in acetate -lined sleeves capped with Teflon' tape and airtight plastic caps. The samples will be packed in ice and transported to a State -Certified laboratory for analysis, with proper Chain -of -Custody documentation. All work will be performed under the oversight of a state of California certified Professional Engineer. Field Quality Assurance/Quality Control (QA/QC) measures include collecting field duplicate samples, equipment blank at the end of the day, and one trip blank for sample transports. All discrete samples collected at 1.0, 5.0, and 10.0 feet bgs will be initially analyzed for VOCs by EPA Method 8260B, Title 22 metals by EPA Method 6010B, and TPH by EPA Method 8015. The soil vapor samples will be analyzed for VOCs using EPA Method TO-15. Groundwater samples will also be analyzed for the same COPCs. Samples at 15.0, and 20.0 feet bgs will be placed on hold for further analyses if initial shallow samples return at an elevated level. Work Plan and Pre -Field Activities A -Tech will conduct this Phase II ESA in accordance with procedures set forth in Section Ld of this proposal. A -Tech will prepare a work plan for the scope described above and in accordance with ASTM E1903-19. After review of the work plan by the City, it is submitted to the Water Board for approval before implementation. Additionally, a project -specific Health and Safety Plan (HASP) will be developed outlining the various hazards associated with the proposed scope of work. Because the borings will potentially reach to the groundwater, A -Tech will obtain a Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency. The permit processing City Council 16 — 44 10118/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 38 August 1, 2022 usually takes up to 10 business days, but we can expedite the process by paying the expedited fees, if needed. We will notify the Underground Service Alert (USA Dig Alert) at least 48 hours prior to any field mobilization, so utilities may mark their subsurface conduits on and adjacent to the Site. A geophysical survey will be conducted at the subject property to determine the location, if any, of subsurface utility conduits where soil borings will be advanced. The locations of the soil borings will be placed away from any subsurface conduits marked by USA or located by the private subsurface location company hired by A -Tech. The boring will be marked by white paint, visible for USA and the geophysical crew. A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, and laboratories) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. The laboratory results will be on normal turnaround time, which is 5 days. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and Santa Ana RWQCBs. The findings determine which of the following course of action is required: "No further action needed; in which case the report will request site closure; Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs); or Investigation is completed but remediation is required. " A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. If further assessment is recommended or remediation is warranted, a cost proposal will be prepared and accompany the recommendations. Potential responsible parties (PRPs) for contamination will be determined and we will discuss viable options for incurring the cost from the PRPs. The detailed cost estimate for the Phase II ESA of Former Arco Gas Station is provided in Table E of the sealed fee proposal envelope. City Council 16 — 45 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 6. Schedule of Phase I & II ESAs for Former Arco Gas Station Page 39 August 1, 2022 # Activity Pre -Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Phase I ESA 1 4 Week 3 Phase II ESA Work Plan & HASP 2 2 Week 4 Phase 11 ESA Permitting 2 10 Days 5 Phase II ESA Pre -Field Activities 1 1 Week 6 Phase II ESA Work Plan Implementation 3, 4, and 5 1 Day 7 Phase II ESA Laboratory Turnaround 6 5 Days 8 Phase II ESA Data Evaluation and Reporting 7 3 Weeks Total Duration from Phase I to Phase II ESA Completion 12 Weeks A -Tech will conduct a comprehensive asbestos and lead assessment of the building materials at Deliverables: the subject property. For the purposes of this ✓ Comprehensive Asbestos Report proposal, A -Tech assumes that there is a gas ✓ Comprehensive Lead Assessment Report station shop and its associated structures at the subject property. A-Tech's scope of services is similar of what is discussed for the Halladay Property and follows the exact schedule of events as described in Table 4. The detailed cost estimate for the Hazardous Material Survey of Former Arco Gas Station is provided in Table F of the sealed fee proposal envelope. City Council 16 — 46 10/18/22 IV A -Tech Consulting, Inc. EXHIBIT B City Council 16 — 47 10/18/2022 0 A -Tech Consulting, Inc. Mr. Kenny Nguyen Project Manager, City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 ORIGINAL Fee Proposal for RFP No. 22-090 Various Environmental Services Category I & II Dear Mr. Nguyen: August 1, 2022 As requested in the Request for Proposal (RFP) No 22-090, A -Tech provides this Fee proposal in accordance with the requirements of the RFP and the Sample Fee Proposal projects. Tables A through F summarizes our cost proposal for this project: ■ Table A.1: Schedule of Rates for Category I: Phase I & 11 ESAs ■ Table A.2: Schedule of Rates for Category II: Hazardous Material Surveys ■ Table B: Sample Cost Proposal for Phase I ESA of Halladay Property ■ Table C: Sample Cost Proposal for HazMat Survey of Halladay Property ■ Table D: Sample Cost Proposal for Phase I ESA of Former Arco Gas Station ■ Table E: Sample Cost Proposal for Phase 11 ESA of Former Arco Gas Station ■ Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station We believe that we provided the most competitive rates while delivering ultimate quality. The rates will be in effect for the duration of the contract. If you have any questions or require clarifications, please do not hesitate to contact us. Respectfully submitted, A -Tech Consulting, Inc. l psi Roohi Toosi, PE Director of Engineering Casandra Williams, CAC, DPH Chief Executive Officer City WY906 N. Batavia Street, Orange, CA 92867, Mone4r14) 434-6360 Website: wwww.ateec ii0ne..net Tables City Council 16 — 49 10/18LW22 qp A -Tech Consulting, Inc. Table A.1: Schedule of Rates for Category I: Phase I & II ESAs Job Classifications Personnel Rate Project Manager $200.00 Health & Safety Director $215.00 Risk Assessment Expert $180.00 Senior Engineer/ Geologist/ Scientist $140.00 Project Engineer/ Geologist/ Scientist $125.00 Staff Engineer/ Geologist/ Scientist $110.00 Field Technicians $105.00 CAD & GIS Technicians $100.00 Admin Support & Editor $80.00 City Council 16 - 50 10/18/2022 0 A -Tech Consulting, Inc. 0 -Tech Consulting, Inc. 2022 A -Tech Fee Schedule Disciplines Certified Industrial Hygienist (CIH) $215.00/Hour Professional Engineer $195.00/Hour Principal Hygienist $165.00/Hour Certified Environmental Infection Control Consultant (CEICC) $150.00/Hour Certified Indoor Environmental Consultant (CIEC) $150.00/Hour Environmental Project Manager $130.00/Hour Certified Asbestos Consultant (CAC) $130.00/Hour Certified Site Surveillance Technician $105.00/Hour CDPH Certified Project Monitor $105.00/Hour CDPH Certified Inspector/Assessor $105.00/Hour Trained Mold Inspector $105.00/Hour Trained Mold Project Monitor $105.00/Hour Report Preparation & Administrative $80.00/Hour Note: All the above rates are fully encumbered, unless otherwise specified. Shift Rates Clearances - (includes up to 4 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $625.00/visit Weeknight (6pm - 6am) $725.00/visit Saturday $725.00/visit Sunday $850.00/visit Emergency Response - Weeknight/Saturday $800.00/visit Emergency Response - Sunday $950.00/visit Project Monitoring - (includes up to 8 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $1,250.00/shift Saturday $1,400.00/shift Sunday $1,600.00/shift Note: All samples analyzed at a certified laboratory will be charged at the applicable per -sample rate. Report Rates: Procedure 5 Work Plan, Asbestos, Lead or Mold Scope of Work $950.00/report Asbestos or Lead Operation and Maintenance Plans $850.00/report Silica Exposure Control Plans $850.00/report Asbestos Samples Bulk - Polarized Light Microscopy Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $21.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (6 Hours) $30.00/sample Rush Turn -Around (3 Hours) $35.00/sample Bulk - Point Counting (PLM) 1,000 points Standard Turn -Around (5 Days) $120.00/sample Expedited Turn -Around (3 Days) $135.00/sample Accelerated Turn -Around (24 Hour) $180.00/sample Rush Turn -Around (3 Hours) $270.00/sample 2867 City Council 16 - 51 Phone (714) 434-636600 � M2- 6360 Page 1 of 3 Web Address: www.atechinc.net 0 A -T(? ch Consulting, Inc. 2021 General Fee Schedule Sample Analysis Air — Phase Contrast Microscopy (PCM)* Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $15.00/sample Accelerated Turn -Around (24 Hour) $15.00/sample Rush Turn -Around (3 Hours)* $20.00/sample * - Analysis available on site. Air — Transmission Electron Microscopy (TEM-AHERA) Standard Turn -Around (5 Days) $80.00/sample Expedited Turn -Around (3 Days) $100.00/sample Accelerated Turn -Around (24 Hour) $140.00/sample Surface — Wipe or Microvac — Quantitative (TEM-ASTM D5755) Standard Turn -Around (5 Days) $180.00/sample Expedited Turn -Around (3 Days) $200.00/sample Accelerated Turn -Around (24 Hour) $260.00/sample Rush Turn -Around (6 Hours) $320.00/sample Nuisance Dust Samples Air — Total Particulates (NIOSH 0500) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Air — Respirable Particulates (NIOSH 0600) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Lead Samples Chip, Wipe, Air, Soil — Atomic Absorption Spectrometry (AAS) Standard Turn -Around (5 Days) $17.00/sample Expedited Turn -Around (3 Days) $20.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (3 Hours) $70.00/sample Ceramic Tile Samples (TTLC) Standard Turn -Around (5 Days) $50.00/sample Expedited Turn -Around (3 Days) $58.00/sample Accelerated Turn -Around (24 Hour) $70.00/sample X-Ray Fluorescence (XRF) Analysis On -Site Analysis $475.00/day 2867 City Council 16 — 52 Phone (714) 434-636600 o � 6360 Page 2 of 3 Web Address: www.atechinc.net 0 -Tech Consulting, Inc. Mold and Bacteria Samples Non -Viable — Air — Spore & Pollen Identification (count/M3) Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Non -Viable — Surface (Tape -Lift, Swab/Bulk) — Qualitative Identification Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Bacteria — Sewage Screen Swab — Qualitative Identification Expedited Turn -Around (48 Hour) Rush Turn -Around (28 Hour) Bacteria — Adenosine Triphosphate (ATP) Luminometer On -Site Analysis Environmental Soil Sample Analysis 2021 General Fee Schedule Sample Analysis $68.00/sample $78.00/sample $95.00/sample $115.00/sample $68.00/sample $78.00/sample $95.00/sample $115.00/sample $190.00/sample $230.00/sample $60.00/sample Method(s) Compounds 5-day TAT 3-day TAT 2-day TAT 1-day TAT 6010B/7471A Title 22 Metals $150 $202.50 $225 $300 8015B/5035 TPH gas $60 $81 $90 $120 8015B TPH diesel/oil $90 $122 $120 $135 8260B/5035 VOCs + ox s $142.50 $195 $215 $285 5035 Kit For Soil Sampling VOCs) $30 $30 $30 $30 8270C SIM PAHs $187.50 $255 $282 $375 8151A Herbicides $195 $265 $295 $390 8081A Or anochlorine Pesticides $150 $155 $170 $225 8141A Organophosphorus Pesticides $165 $225 $250 $330 2867 City Council 16 — 53 Phone (714) 434-636600 � M2 6360 Page 3 of 3 Web Address: www.atechinc.net Table B. Sample Cost Proposal for Phase I ESA of Holladay Property # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 12 $0.00 $2,280.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,200.00 $650.00 $3,810.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,200.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 20 1 26 8 Total Cost for Phase I ESA of Halladay Propertyl $3 810.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. City Council 16-54 10/18/2022 0 A -Tech Consulting, Inc. Table C: Sample Cwt Proposal for HazMat Survey of Halladay Property Site Visit and Report with XRF Analysis Asbestos Bulk Samples (PLM) $2,255.00/Visit X 1 $2,255.00 $15.00/Sample X 60 $900.00 Total $3,155.00 City Council 16 — 55 10/18/2022 OW A -Tech Consulting, Inc. Table D. Sample Cost Proposal for Phase 1 ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 16 $0.00 $2,720.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,640.00 $650.00 $4,250.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,640.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 24 1 30 8 Total Cost for Phase I ESA of Halladay Property $4 250.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. City Council 16-56 10/18/2022 A -Tech Consulting. Inc. Table E: Sample Cost Proposal for Phase II ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CIH Senior Level Staff Project Level Staff Staff Level Field Technician CAD/GIS Tech Expenses(l) Cost per Task Rate (hr) $200.00 $215.00 $140.00 1 $125.00 $110.00 $105.00 $100.00 Unit Rate Quantity Cost Number of Hours/Subtotal 1 Task 1- Work Plan, HASP, and Agency Notifications 2 Work Plan and HASP Preparation 1.0 1.0 2.0 0 12 0 4 $2,415.00 3 Subtotal $200.00 $215.00 $280.00 $0.00 $1,320.00 $0.00 $400.00 $2,415.00 4 Task 2 - Field Oversight and Sampling 5 USTRemoval Oversight 2 0 0 0 0 10 0 $1,450.00 6 Lab Cost(2) (TPH, Metals, and VOCs assuming 30 samples) 1 $12,500.00 $12,500.00 7 Geophysics 1 $700.00 $700.00 8 Drillers Cost 1 $3,500.00 $3,500.00 9 Subtotal $400.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $18,150.00 10 Task 3 - Report Preparation 11 Report Preparation and Data Evaluation 1 1 8 0 24 0 0 $4,175.00 12 Subtotal $200.00 $215.00 $1,120.00 $0.00 $2,640.00 $0.00 $0.00 $4,175.00 13 Total Labor Cost $800.00 $430.00 $1,400.00 $0.00 $3,960.00 $1,050.00 $400.00 $8,040.00 14 Total Number of Hours 4 2 10 0 36 10 4 66 1s Total Expenses $16,700.00 16 Total Project Cost r$24,740.00 Notes: 1) Expenses refer to subcontractor costs, laboratory analysis, equipment, materials, and other project related direct costs. 2) For lab cost A -Tech assumed that initially total of 30 samples (1-, 5-, and 10-foot samples from 10 borings) will be analyzed for Metals, TPH, and VOCs as described in the proposal. The unit cost of these analyses is provided in Table A.2 City Council 16-57 10/18/2022 0 A -Tech Consulting, Inc. Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station Item Price Qty Line Tota Site Visit & Report with XRF Analysis $2,255,00/Visit X 1 $2,255.00 Asbestos Bulk Samples (PLM) $15.00/Sample X 50 $750.00 Total $3,005.00 City Council 16-58 10/18/2022 A -Tech Consulting, Inc. AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Dudek, ("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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. 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 On an as -needed basis, and at the City's sole discretion, 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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. City Council 16 — 59 10/18/2022 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. City Council 16 — 60 10/18/2022 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 16 — 61 10/18/2022 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 4. City Council 16 — 62 10/18/2022 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 16 — 63 10/18/2022 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 is not embodied herein. City Council 16 — 64 10/18/2022 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 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 il City Council 16 — 65 10/18/2022 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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: Nabil Saba 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: Joe Monaco, President Dudek 605 Third Street Encinitas, CA 92024 Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these City Council 16 — 66 10/18/2022 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: I D1oA1SCigBned by: bstfM... b 6cu25F28F42F Joe Monaco President 91 City Council 16 — 67 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 ,4coRo° CERTIFICATE OF LIABILITY INSURANCE �� 8/28/2023 DATE (MM/DD/YYYY) 8/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX Ext : A/C No E-MAIL ADDRESS: kctsu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK 1475107 605 THIRD STREET INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Compmy 20443 INSURER D : ENCINITAS CA 92024 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 16765248 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y GL00146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 A AGE To ENTEA PREM SES Ea occu ante $ 100 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X JECOT- �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP0146329 8/28/2022 8/28/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ XXXXXXX B X UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1000 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXxxXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y WC0146330 8/28/2022 8/28/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION See Attachments 16765248 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92702 AUTHORIZED REPRESENTATIV . I,ILy �,UUI IL ll I U — Uo © 1988C�015 ACORD CORPdFWl?15W'All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D88FAl02-MA54F89-131327-3941CF5F6548 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer I Add'1 Prem. Return Prem. GL00146311 8/28/2022 1 8/28/2023 8/28/2023 1 37385000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. City Council 16 — 69 10/18/2022 U-GL-925-B CW (12/01) Page 1 of 1 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization 2 U RI C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Page 1 of 2 City Council 16 — 70 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 l u es copy ig i u _ i wi its permission City Counc10/1 8/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574650 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 8/28/20228/28/2023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 �Ed. 4-84) 1983 Nation "nC8vi?ogensation Insurance. 16-72 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 4CtR'OounCll © Insurance Services 0&e,7118c., 2011 10/18/20fte 1 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4�i0' 1 ounCll © Insurance Services O ce, In ., 2011 10/18/20Page 2 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 4 1 ounCll © Insurance Services d ce., 2011 10/18/2 jr%age 1 of 1 EXHIBIT A SCOPE OF SERVICES City Council 16 — 76 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 77 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana P 2�8 90 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana �6P w90 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana �gP 2W90 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana �EP 261090 10/18/2022 Page Al-4 The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city or Santa Ana y6H qpu 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city or Santa Ana y6H 43iuu 10/18/2022 Page Al-6 IP7 TECHNICAL PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Calle Arroyo/ San Juan Capistrano, California 92675 DUDE Cover Letter July 26, 2022 Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Subject: Various Environmental Services Dear Mr. Nguyen, The City of Santa Ana (City) requires a qualified environmental consulting firm to provide Environmental Site Assessments (ESAs) and Hazardous Material Surveys for a variety of Capital Improvement Projects. Dudek is well versed in the scope of services included in the Request for Proposal (RFP) and has extensive experience providing on -call consulting services to clients, including municipalities, that are acquiring, redeveloping, and/or responsible for contaminated and potentially contaminated properties. Firm Overview. Founded in Encinitas, California in 1980, Dudek is an employee -owned environmental and consulting firm. We assist public and private clients on a broad range of projects to improve California's communities, infrastructure, and natural environment. From evaluation, planning, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and varying stakeholder interests. Our trained professionals find practical, cost-effective approaches to help you achieve your specific goals. We work to build your trust and confidence in our team, which allows us to offer efficient and effective solutions for the long-term success of your projects. Susan Smith, PG Contract Manager ssmith@dudek.com 951.300.1085 Office: San Juan Capistrano 27372 Calle Arroyo San Juan Capistrano, California 92675 As a mid -sized firm with more than 700 employees, we combine the personal service of our project managers who stay with your project from start to finish, with a breadth and depth of capabilities to meet project requirements. Our project managers are empowered to be problem -solvers with the ability to make decisions in a timely fashion to keep the project moving forward. We are proud of our low employee turnover; our staff's long tenure means that the project manager you see at the bidding stage will likely be with you at project completion. Dudek has a reputation for consistently delivering high -quality projects on time and within budget. With more than 180 on -call contracts throughout the state that provide as -needed environmental engineering, planning, and permitting services, we understand the importance of organization and clear communication. From large water agencies to regional municipalities, we will draw upon decades of experience in managing multiple task orders to ensure all City requests are handled efficiently and cost Various � ir&QrtiiWbl Services 16 — 85 10/18/2022 DUDEK effectively. We rise to the challenges of meeting tight timelines, and in doing so, have developed an expertise in critical path management, fast -track scheduling, efficient staffing, and workload management. Dudek's Capabilities. The Dudek team has diverse expertise and experience to conduct the requested services for the City. We have conducted hundreds of ESAs, performed numerous site investigations, and have worked closely for many years with our subconsultant, Aurora Industrial Hygiene (Aurora), on projects involving Hazardous Material Surveys. We evaluate and manage hazardous materials and wastes from a variety of sites, including facilities contaminated with metals, chlorinated solvents, perchlorate, fuel hydrocarbons, perand poly-fluoroalkyl substances, and pesticides. Our scientists and planners evaluate potential risks for current and future land uses. We conduct various studies, including those used to obtain risk -based closure for hazardous waste sites, or to support change -of -use applications, including industrial, commercial, and residential projects. Dudek is characterized by the following strengths, which we will bring to this project: We are proactive. We stay ahead of the curve to avoid surprises from regulatory agencies and stakeholders, or from various issues that may arise during the environmental process. We provide strategic counsel. We draw upon our wealth of experience to advise on environmental issues that may impact cost, schedule, stakeholders and the public, or legal defensibility. We work for you. We make sure our clients are always the first to know information so we can discuss roll -out strategies in advance while respecting required legal notifications. We are strong client advocates who have maintained excellent relationships and reputations with regulatory agencies. Diverse Team of Technical Experts with Experience in Each Aspect of the Scope of Work. The Dudek team includes a deep bench of credentialed environmental engineers, geologists, and hydrogeologists , who have local knowledge and experience.The Aurora team includes experienced and skilled technical staff, including Certified Asbestos and Lead Consultants, California Department of Public Health inspector/risk assessors, Certified Safety Professionals, Certified Microbial Consultants, and professional engineers. Dudek is also proposing the use of trusted subcontractors, such as a geophysical surveyor, drillers, and analytical laboratories to fulfill the scope of work. Our proposal highlights the qualifications and experience of the Dudek team to successfully assist the City and provides client references who can attest to the quality of Dudek's work. We are excited by the opportunity to work with the City of Santa Ana. Our team is ready to serve. Sincerely, Jo onaco President Joseph Monaco is authorized to sign on behalf of Dudek. Contract Manager Various i irZ5�r4'iPAI Services 16 — 86 10/18/2022 Table of Contents SECTIONS Cover Letter Contract Agreement Statement.........................................................................................................................iv Firmand Team Experience............................................................................................................................... 1 Understandingof Need...................................................................................................................................... 6 Relevant Project Experience and References.................................................................................................. 7 Scope of Services and Schedule..................................................................................................................... 12 TABLES 1 Key Staff Percentage of Time Devoted to Project................................................................................ 5 2 Project Specific Experience.................................................................................................................11 3 Project Timeline................................................................................................................................... 16 FIGURE 1 Dudek Team Organization.................................................................................................................... 2 APPENDICES A Resumes B Certifications Various Milrl Services — iii Contract Agreement Statement 1. Regarding Section 3 of the agreement, Dudek respectfully requests the ability to request annual rate increases in line with applicable CPI. 2. Dudek respectfully requests the following be added to the end of Section 7 of the agreement: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of the City, provided, however, the Consultant shall be responsible for the City's defense costs to the extent such costs are incurred as a result of the Consultant's negligence, recklessness, or willful misconduct." Various Milrl Services — iv Firm and Team Experience The Dudek Advantage At Dudek, we understand that successful reuse/redevelopment of contaminated property requires a team of engineering, geology, and hydrogeology professionals who understand local, state, and federal regulations and are skilled in navigating the nuances of regulatory agencies. We have extensive experience conducting environmental site assessments (ESAs) and investigations, as well as evaluating and implementing remedial alternatives that are appropriate, applicable, and cost-effective. DIVERSE CAPABILITIES AND QUALIFIED STAFF Environmental Site Assessments Dudek geologists, environmental engineers, and scientists have conducted hundreds of Phase I ESAs in accordance with the appropriate ASTM Standard and other applicable regulatory, lender, and client -specific requirements. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. Dudek engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development/redevelopment, land use risk assessments, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. We prepare site -specific risk assessments to evaluate potential Dudek ■ Phase I and Phase 11 ESAs ■ Air, soil, soil vapor, and groundwater sampling ■ Remediation feasibility/ cost analysis ■ Soil, soil vapor, and groundwater remediation ■ Hazardous materials and waste classification and disposal ■ Hazardous Waste Facility permitting ■ Hazardous Materials Business Plans ■ Regulatory agency coordination ■ Spill, Prevention, Control, and Countermeasures Plans Aurora Industrial Hygiene ■ Industrial hygiene ■ Lead and asbestos management ■ Safety and risk management ■ Indoor air quality risks for current and future land use. These studies may be used to obtain risk -based closure for contaminated sites or to support change -of -use applications, such as from industrial to commercial or residential Hazardous Materials Surveys Aurora Industrial Hygiene (Aurora) will perform services related to hazardous materials building surveys. Aurora is a small, woman -owned business enterprise that provides the highest quality industrial hygiene and safety services. Their small size ensures that a Certified Industrial Hygienist will manage all projects, and all field work will be conducted by experienced field -level industrial hygienists who are certified by the State of California as Asbestos Consultants or Site Surveillance Technicians and Lead Inspector/Risk Assessors and Project Monitors. Aurora's staff is specialized in the fields of industrial hygiene, environmental testing, safety, asbestos, lead -based paint, mold inspection and management, indoor air quality, construction safety, OSHA compliance auditing, and training. Various � irg%Wbl Services 16 — 89 10/18/2022 DUDEK Project Team The Dudek and Aurora team will provide the City of Santa Ana (City) with the appropriate skills and experience necessary for the services outlined in the Request for Proposal (RFP). We will be supported by subconsultants and subcontractors who are well -regarded and accomplished in their respective disciplines and bring local, relevant experience. Dudek will serve as prime consultant and be contractually responsible for overall management, quality, and delivery of final products. Figure 1 illustrates the project organization and responsibilities of the Dudek team. Brief biographies for key personnel follow. Focused resumes are provided in Appendix A. Figure 1. Dudek Team Organization CATEGORYI Phase I ESA Audrey Herschberger, PE CONTRACT MANAGEMENT Contract Manager Principal In Charge Susan Smith, PG Glenna McMahon, PE KEY LEADERS: CATEGORYI CATEGORY II Phase II ESA Nicole Peacock, PE, PG, CHG SUBCONTRACTORS Hazardous Materials Surveys Grace Rinck, CIH' Hazardous Waste Utility Clearance/ Drilling Laboratories Management/Disposal Geophysical Surveys BC2 Environmental Eurofins Calscience Belshire ULS Services Inc. Millennium Jones Environmental Land Surveyor Environmental Eurofins EMLab P&K2 Calvada LA Testing' 1 Aurora Industrial Hygiene 2 Category Il Laboratory Various �UrRRriiOAI Services 16 — 90 10/18/2022 2 DUDEK KEY PERSONNEL Contract Manager Susan Smith has 20 years' experience in environmental consulting and project management. Her experience is diverse in nature and covers much of the environmental project spectrum, from Phase I ESAs to litigation support for Potentially Responsible Party designation rebuttal. Her project experience includes oil field remediation, gas station investigation and remediation, soil sampling, soil vapor sampling, groundwater sampling, asbestos surveys, lead -based paint surveys and abatement, litigation support investigations, quality assurance and quality control reviews, as well as a large-scale plume characterization study for a former refinery. Representative Project Experience DUDEK Education California State University, Fullerton BS, Geological Sciences Certifications PG, CA No. 9176 OSHA 40—Hour HAZWOPER OSHA Site Supervisor Health & Safety Training RCRA and DOT Hazardous Waste Handler Training First Aid + CPR ■ Project Manager: Commercial Property Phase II ESA, Banning, California ■ Project Manager: Veteran's Resource Center Phase II ESA, Norco, California ■ Project Geologist: Phase I and Limited Phase II ESA, Santa Monica, California Principal in Charge Glenna McMahon has 22 years' environmental consulting and project management experience. She focuses on environmental engineering and hydrogeology, specifically hazardous waste investigation, monitoring and remediation, as well as litigation support. Her project experience includes ESAs; soil, soil vapor, and groundwater sampling and data evaluation; health risk assessments; evaluation, design, and implementation of remedial alternatives; environmental compliance; and third -party evaluation of remediation expenditures. Ms. McMahon manages several projects that involve state or local regulatory oversight Representative Project Experience Education University of Vermont BS, Civil and Environmental Engineering Certifications PE, CA No. 79742 CEM, NV No. 1974 OSHA 40-Hour HAZWOPER OSHA Site Supervisor RCRA and DOT Hazardous Waste Manager Certification Project Manager: Former Manufacturing Facility, Groundwater Monitoring and Remediation, Stockton, California Project Manager: Sewer Force Main Replacement, Site Assessment, Investigation and Hazardous Materials Contingency Plan, City of Chula Vista, California Project Manager: San Diego State University West, Hazardous Materials Evaluation and Survey, San Diego, California Various ifhrgrQM@Ribl Services 16 — 91 10/18/2022 3 Phase I ESA Lead Audrey Herschberger is a professional environmental engineer with 14 years' experience in environmental consulting, specializing in regulatory compliance, including stormwater permitting in Oregon, Washington, and California, and federal Spill Prevention, Control, and Countermeasure Plans. Ms. Herschberger's experience includes Phase I ESAs under ASTM E1527-13 and -21; Phase II ESAs underASTM E1903-19; hazards and hazardous material analysis under the California Environmental Quality Act (CEQA); management of small to mid -size environmental sampling, stormwater treatment, and permit compliance projects; and hazardous material management and abatement projects. Representative Project Experience Project Engineer: California Department of Transportation Initial Site Assessments, City of La Canada Flintridge, California Project Engineer: Phase I ESA Peer Review, Phase I ESA and Phase 11 ESA, City of Oxnard, California DUDEK Education Oregon State University BS, Chemical Engineering Certifications PE, OR No. 80505PE 40-Hour HAZWOPER Certification 8-Hour HAZWOPER Refresher 10-Hour OSHA Construction Standards First Aid/CPR Certification Hazardous Waste Basics, Managing Common Wastes Oregon Department of Environmental Quality Professional Affiliations AWMA Pacific Northwest International Section Project Engineer: Hazards and Hazardous Materials Assessment, Orange County Sanitation District, Orange County, California Phase II ESA Lead Nicole Peacock is an environmental engineer and geologist with 23 years' experience. Ms. Peacock performs numerous tasks dealing with hazardous waste investigation and remediation projects, including soil, soil vapor, and groundwater investigation and remediation and litigation support and cost allocation among potentially responsible parties for hazardous waste sites. She also provides services for Phase I and II ESAs, school site assessments, landfill monitoring, environmental compliance, and community relations. Representative Project Experience Education University of California, Los Angeles BS, Civil and Environmental Engineering/Geology Certifications PE, CA No. 68775 PG, CA No. 8553 CHG, CA No. 940 ■ Project Manager: City of Monterey On -Call, Monterey, California ■ Project Manager: City of Orange Phase II ESA, Orange, California ■ Project Manager: City of Hermosa Beach Corrective Action Plan, Hermosa Beach, California Various �UrRRriiOAI Services 16 — 92 10/18/2022 4 DUDEK Staff Availability Table 1. Key Staff Percentage of Time Devoted to Project Susan Smith -. -Hours Contract Manager Hours Glenna McMahon Principal in Charge Audrey Herschberger Phase I ESA Lead Nicole Peacock Phase II ESA Lead 71 ii Grace Rink' Hazardous Materials Surveys Lead Aurora Industrial Hygiene Various MiDNOMIServices 5 Understanding of Need Category I: Environmental Site Assessments and Investigation Successful reuse/redevelopment of contaminated property requires a team of engineering, geology, hydrogeology, and chemistry professionals; an understanding of local, state, and federal regulations; and familiarity with the nuances of regulatory agencies. Our experts evaluate and manage all aspects of environmental due diligence, cost —benefit analysis, data collection, risk assessment, remediation, and environmental program management. We evaluate and implement remedial alternatives that are cost- effective, time -sensitive, and consider all aspects of risk. We have successfully performed investigation and remediation on commercial and industrial properties, including manufacturing facilities, dry cleaners, automotive shops, oil fields, schools, universities, agricultural sites, hotels, casinos, and renewable energy facilities, as well as residential project sites. Our professionals have conducted hundreds of Phase I ESAs in accordance with the appropriate and applicable ASTM standard. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. We are often asked to evaluate items beyond the ASTM scope for Phase I ESAs, including existing conditions related to hazardous building materials and mold as well as providing information regarding radon, oil and gas wells, and methane zones. Dudek environmental engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. Dudek scientists prepare site -specific risk assessments to evaluate potential risks for current and future land use. These studies may be used to obtain risk -based closure for open hazardous waste sites or to support change -of -use applications, such as from industrial to commercial or residential. While not a part of the requested services for this RFP, Dudek also prepares and performs groundwater modeling, remedial investigation/feasibility studies, remediation, soil management plans, hazardous materials contingency plans, as well as hazardous waste facility permits. This additional experience gives us the foundation to better understand and evaluate data and anticipate future project needs. Dudek understands the importance of quality assurance/quality control (QA/QC). Our QA/QC program consists of senior staff oversight and administrative management. All project deliverables will be independently checked and cross-checked to ensure that the data are accurately represented in each report. We will ensure that all project -related correspondence and project files are maintained and named in accordance with City requirements. Category II: Hazardous Materials Surveys Aurora provides comprehensive asbestos and lead management services that take projects from initial inspection through abatement and clearance testing. Aurora's team consists of Certified Industrial Hygienists, Department of Public Health -Certified Lead Inspectors, Asbestos Consultants, risk assessors, project monitors and designers, and Asbestos Hazard Emergency Response Act asbestos specialists who provide asbestos and lead risk management services as well as other hazardous materials building surveys. Various �UrRrQrtiiRAI Services 16 — 94 10/18/2022 6 Relevant Project Experience and References Category I Project Experience Client: City of Anaheim Project Location: Anaheim, California Project Dates: 2021 Client Reference: Jonathan Sanks, jsanks@anaheim.net, 714.765.4117 Key Personnel: Susan Smith Dudek performed an oil spill assessment at a commercial property in Anaheim. A pad -mounted transformer was vandalized, which resulted in the release of transformer oil to asphalt and earthen surfaces. The release was not considered to be an Environmental Protection Agency -regulated Polychlorinated biphenyl (PCB) spill cleanup given that the concentration of PCBs in the transformer oil was below Toxic Substances Control Act criteria. The investigation consisted of sampling asphalt and soil samples within the spill area to determine the extent of the spill and identify additional areas of impact. Concentrations of PCBs detected were well below regulatory screening levels; no additional investigation was recommended. Client: City of Monterey Project Location: Monterey, California Project Dates: 2016-2022 Client Reference: Antonio Hernandez, ahernandez@monterey.org, 831.646.3923 Key Personnel: Nicole Peacock, Susan Smith Dudek has two on -call contracts with the City of Monterey; one for planning (since 2016) and one for hazardous materials (since 2019). Our environmental and planning services contract has completed 25 work orders for the Planning and Engineering offices. Our hazardous materials contract has included hazardous materials consulting for a utilities project and waste management consulting for several projects. For the utilities project, Dudek assisted the City with preparation of a Soil and Groundwater Management Plan (Plan). The City submitted the Plan to potential construction bidders on the Franklin Street Utilities Project to ensure that the construction work and environmental work were aligned. Dudek reviewed the construction plans to identify potential environmental concerns based on the depth and location of the proposed trenching. Dudek collected soil samples from potholes along the proposed trench alignment, coordinated with disposal facilities, and provided the City with a map identifying the planned disposal facility by station. Dudek also collected groundwater samples to assist with waste management during dewatering. Various �UrRRriiOAI Services 16 — 95 10/18/2022 7 DUDEK Client: City of Santa Monica Project Location: Santa Monica, California Project Dates: 2017-2019 Client Reference: Rachel Kwok, rachel.kwok@santamonica.gov, 310.458.8341 Key Personnel: Glenna McMahon, Susan Smith Dudek prepared a Phase I ESA for the 15.5-acre Santa Monica City Yard property as part of the due diligence process for the Environmental Impact Report (EIR). The project involved proposed reconstruction of the Santa Monica City Yards, which included demolition of existing buildings, excavation activities, and construction of new buildings. The Phase I ESA identified RECs associated with groundwater impacts from an adjacent gas station and potential presence of tetrachloroethylene in deep groundwater from a regional plume. The Phase I ESA also identified a controlled REC (i.e., the presence of a former landfill on the subject property) and a historical REC (i.e., former underground storage tank [UST] releases). The report was prepared in accordance with ASTM Standard and the All Appropriate Inquiries Rule. Dudek conducted a Phase II ESA for the project to evaluate the RECs identified in a Phase I ESA. The Phase 11 ESA investigation was focused on the former aircraft/missile manufacturing and leaking UST areas; additional sample points were advanced near the perimeter of the property to evaluate potential impacts from the regional groundwater plume. The Phase II ESA investigation consisted of a geophysical survey, and soil and soil vapor sample collection and analysis. Soil samples were analyzed for metals and soil vapor samples were analyzed for gasoline range organics and volatile organic compounds (VOCs). Client: City of Chula Vista Project Location: Chula Vista, California Project Dates: 2017-2020 Client Reference: Alan Reyes, areyes@chulavistaca.gov 619.407.3588 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek evaluated a Public Works project for Conditional Exemption for the CEQA process. Dudek conducted an ESA and subsequent Phase I I ESA (groundwater and soil investigation) to determine the extent of impacts to the project area from adjacent contaminated sites. Following the evaluation of the data collected during the Phase II ESA, Dudek prepared a Hazardous Materials Contingency Plan (HMCP) detailing known impacts and outlining plans for management of contaminated materials during construction process. Dudek also assisted the City with determining a process for obtaining a dewatering permit. Dudek recently conducted a new Phase I ESA and revised the HMCP for the expanded project area. Dudek is scheduled to conduct monitoring for the City during the construction process. Various �hrZS�riiPAI Services 16 — 96 10/18/2022 8 DUDEK Category I and II Joint Relevant Project Experience Client: San Diego State University Project Location: City of San Diego Project Dates: 2018-2020 Client Reference- Michael P. Masterson, Gatzke Dillon Balance, mmasterson@gdandb.com 760.431.9501 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek completed work for the San Diego State University (SDSU) Mission Valley Campus Master Plan, which included preparation of the CEQA hazards and hazardous materials evaluation and demolition of Qualcomm Stadium for future construction of a new stadium, student housing, campus/office buildings, a park, and trolley transit center. The hazards and hazardous materials impact analysis was multifaceted and included the following: ■ Evaluation of regulatory records for on -site and surrounding hazardous material releases ■ Review of the use of explosives for demolition of the existing stadium ■ Review and analysis of a release and cleanup action occurring on the project site due to the adjoining Kinder Morgan Mission Valley Terminal (MVT) ■ Analysis of potential impacts associated with MVT petroleum pipelines transecting the project site. Mitigation required safety measures and cooperation with Kinder Morgan ■ Review and analysis of the active Cleanup and Abatement Order issued to MVT which required monitoring wells to remain on the project site in active working order. Mitigation required a well decommissioning/protection plan ■ Analysis of potential vapor intrusion due to on -site contamination and mitigation for future residential site use ■ Coordination and management of a hazardous materials survey, which was conducted by Dudek's subcontractor Aurora. ■ The survey was conducted based on Dudek's findings in the EIR and recommended mitigation. Dudek served as project manager and provided a direct line of communication between Aurora and SDSU and its contractor, reviewed the hazardous material surveys and work products, coordinated on -site activities, and ensured the work completed would meet the requirements set forth in the EIR mitigation. Aurora also prepared specifications for abatement of the hazardous materials Various Milrl Services 9 DUDEK Category II Relevant Project Experience Client: Housing Authority City of Los Angeles Project Location: Public Housing Residential Properties Project Dates: 2002—Ongoing Client Reference: Eric Tellez, eric.tellez@hacla.org, 213.252.4290 Key Personnel: Grace Rinck, Matthew Froehlich, Robert Rinck Since 2002, Aurora has been under contract with the Housing Authority City of Los Angeles. In the time, they have written specifications and work plans; conducted industrial hygiene investigations from noise, metals, and silica monitoring to indoor air quality and asbestos and lead; and provided training to over 600 employees at the different residential campuses. They have conducted full residential interior and exterior inspections with subsequent air monitoring and clearance sampling. In 2017, Aurora personnel conducted an exterior inspection of 62 multi -residential buildings located at the Pueblo Del Rio campus. Aurora personnel then wrote the specification and produced the work plan for the one-year asbestos and lead window remediation project. The project (September 2016—November 2017) required asbestos and lead air monitoring, visual and surface clearances, and delivery of samples to the laboratory. Lead surface results were rushed and reported to the client on a daily basis so that residents could return to their units within one workday. In 2021-2022, Aurora conducted asbestos/lead testing at 1066 Units at the Nickerson Gardens campus. Client: Los Angeles County Department of Public Works/Internal Services Department Project Location: 900 South Fremont Avenue, Alhambra, California Project Dates: 2002—Ongoing Client Reference: Luana Enriquez, lnriquez@dpw.lacounty.gov1626.458.5943 Key Personnel: Grace Rinck, Gloria Chan, Matthew Froehlich, Robert Rinck Since 2002, Aurora has provided as -needed environmental testing and consulting services, documentation and training, and abatement oversight. The contract is through Los Angeles County Internal Services Department but can be and is utilized by other departments, including the Department of Public Works and the Department of Health Services. In December 2021, Aurora conducted an asbestos inspection, wrote the South Coast Air Quality Management District Procedure 5 asbestos removal plan, and provided inspection/monitoring and clearance services for a project at the County's headquarter building. All work was completed during holiday weekends in November and December. Various �UrRRriiOAI Services 16 — 98 10/18/2022 10 DUDEK PROJECT -SPECIFIC EXPERIENCE Table 2: Project Specific Experience. Below are some municipal clients that Dudek has worked with and some of the services the Dudek Team has provided. City of Anaheim is CL . � : X X X 0 cEc City of Calexico X X City of Carmel X City of Carson X X X City of Chula Vista X X X X City of Compton X X X X City of Encinitas X X City of Fontana X X X City of Gonzales X City of Hermosa Beach X X City of Lake Forest X City of Monterey X X X City of Napa X City of Ontario X X City of Orange X X X City of Palm Springs City of Pomona X X X X City of Redondo Beach X City of San Diego X X X X City of San Marcos X City of Santa Barbara X X City of Santa Cruz X X City of Santa Monica X X X City of Seal Beach X X City of Vallejo X City of Vista X X X X X Various MiDNOMIServices 11 Scope of Services and Schedule Category Phase I ESAs identify concerns on a property related to hazardous or potentially hazardous substances. Our Phase I ESAs are prepared in accordance with the ASTM Standard Practice for ESAs: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage, and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: • Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the sites or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review records maintained by local regulatory agencies, including the fire department, health department (Certified Unified Program Agency), building department, Regional Water Quality Control Board, and Department of Toxic Substances Control (DTSC) • Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directories • Review previous environmental investigations, soil sampling reports, or remediation plans as provided by the City • Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Conduct a search of environmental liens and activity use limitations for the project assessor's parcel number (if applicable) ■ Interview the owner(s) and/or site representative(s) regarding the environmental history and background of the site The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM Standard, the report will list RECs identified for the site, as well as historical RECs, controlled RECs, and significant data gaps. If the findings of the Phase I ESA indicate a potential impact of hazardous wastes or materials on the site, Dudek will include recommendations for further assessment and/or investigation (e.g., Phase II ESA). 1 ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various �UrZSRMOAI Services 16 — 100 10/18/2022 12 DUDEK If requested by the City, the following non-ASTM items can be evaluated as part of the Phase I ESA: ■ Asbestos -Containing Materials. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if asbestos containing materials are present. ■ Lead -Based Paint. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if lead -based paint is present. ■ Mold. Dudek can conduct a cursory visual assessment of accessible areas to determine if mold is present. ■ Radon. Dudek will evaluate existing local/regional data from the Environmental Protection Agency (EPA). ■ Methane Zone. Dudek will determined if the site is within a methane zone based on publicly available data. While the scope of work for a Phase II ESA can vary from site to site, the main components are described as follows. All work plans, work, and reports will be prepared/performed in general accordance with ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process E1903-19 under the direct supervision of a professional engineer or professional geologist. Work Plans Site -specific work plans or field sampling plans will be prepared for each investigation. Each work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. The draft work plan will be submitted to the City for review. Work will not commence until the work plan is approved by the City. Health and Safety Plan Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the California Code of Regulation (CCR) Title 8 Section 5192 (Hazardous Waste Operations and Emergency Response), CCR Title 8 Section 3202 (Injury and Illness Prevention Plan, and OSHA regulation 29 Code of Federal Regulations 1910.120. Surface Geophysical Investigations Dudek will partner with ULS CA, Inc (ULS) for geophysical investigations and utility surveys. ULS will utilize various non-invasive tools and techniques (ground penetrating radar, electromagnetic, metal detectors, seismic refraction, and magnetometers) to identify potential subsurface utility conflicts, buried tanks, drums, sumps, and other anomalies that may help guide a Phase II investigation. The results of geophysical investigations will be presented in a standalone report or incorporated into a Phase II ESA report. Various �UrZS�riiPrAI Services 16 — 101 10/18/2022 13 DUDEK Soil Gas Survey Soil gas surveys are a useful tool to identify and evaluate potential impacts at a site. A direct push drill rig is typically used to advance boreholes to the targeted subsurface depth. Dudek will partner with Millennium Environmental, Inc. for direct push and sub -slab drilling services. Following borehole advancement, temporary soil vapor probes will be constructed in accordance with the DTSC Advisory - Active Soil Gas Investigations. Probe inlets will be placed in sand, topped with dry granular bentonite, then sealed with hydrated bentonite chips. Each probe will be allowed to equilibrate for a minimum of two hours prior to sampling. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the DTSC Advisory. Dudek will partner with Jones Environmental Laboratories, Inc. (Jones), to provide mobile and stationary analytical services for soil gas samples. Dudek will ensure that the laboratory reporting limits will meet the project objectives. At the end of the sampling event, all soil boring locations will be resurfaced matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. The findings of the soil gas survey will be presented in a standalone report or incorporated into a Phase II report. Drilling Dudek will provide support for the permitting, drilling, installation, development, and sampling of deep borings and groundwater monitoring wells. Dudek will partner with BC2 Environmental for hollow -stem auger, mud rotary, air rotary, and sonic drilling services. The drilling methods previously described provide capabilities to drill through various media, including consolidated and unconsolidated sediments, rocks, asphalt, concrete cement, and waste materials. Each boring will be logged using ASTM Standard D2488-09a-Standard Practice for Description and Identification of Soils (Visual - Manual Procedure). Boring logs will also include descriptions of the lithologies and grain sizes, color, moisture content, cohesive characteristics, odors, and any other pertinent information (e.g., blow counts, photoionization detector readings, anthropogenic materials, etc.). The subsurface lithologies will be used to determine the well screen slot size and filter pack materials best suited for the site. Wells will be constructed in accordance with the Department of Water Resources (DWR) California Well Standards Bulletins. Groundwater monitoring wells will be developed at least 24 hours following the completion of construction. The drilling activities, including permits and DWR documentation, will be presented in a standalone report or incorporated into a Phase II ESA report. Sampling The media to be sampled at a site (air, soil, soil vapor, and/or groundwater) is dependent on the type of contamination present or suspected. The work plan/field sampling plan will outline the suspected concerns and include proposed sample locations, media, sample depth(s), and targeted analytes. All sampling will be performed in accordance with applicable regulatory protocols and/or standard industry practices. For example, soil samples to be analyzed for volatile components (e.g., gasoline -range hydrocarbons and VOCs) will be collected in accordance with EPA Method 5035. Dudek will ensure that the samples for all media (soil, soil vapor, or groundwater) are placed in proper containers and that the laboratory reporting Various �UrZSRMOAI Services 16 - 102 10/18/2022 14 DUDEK limits will meet the project objectives. The findings of the sampling will be presented in a standalone report or incorporated into a Phase II report. Laboratory Analysis Dudek will partner with Jones and Eurofins Calscience to provide laboratory analytical services. Both labs are certified by the California Environmental Laboratory Accreditation Program. Eurofins Calscience is also certified by the National Environmental Laboratory Accreditation Program and American Industrial Hygiene Association Laboratory Accreditation Program. All laboratory analyses will be performed in accordance with applicable EPA Methods and Contract Laboratory Program protocols. Any deviations from the EPA Methods will be documented. All samples will be collected in laboratory -supplied containers with proper preservative, properly labeled (unique sample number, date, time, site name, sampler name, and requested analysis), logged on a chain -of -custody, placed in an ice -chilled cooler, and transferred to the laboratory by field personnel or via laboratory courier. Aurora will partner with LA Testing/EMSL and Eurofins EMLab P&K for asbestos, lead, and mold laboratory analytical services. Reports Reports will include a statement of the objective, site background information, description and rationale for the investigation, deviations, methods used, data evaluation and comparison to regulatory screening levels, data interpretation, figures, tables, laboratory analytical reports, and any additional supporting information. Reports will be prepared under the direct supervision of a professional engineer or professional geologist. Agency Coordination Dudek will coordinate with local and state officials, as necessary, to facilitate project objectives. Coordination with agencies may include obtaining permits for subsurface investigation work, coordinating field work schedules on public properties, and entering into a voluntary oversight agreement to ultimately obtain certified regulatory closure. Dudek will not contact any property owners, regulatory agencies, or other entities without expressed permission from the City. Category II Hazardous Building Materials Surveys Aurora will survey and test buildings, storage vessels (tanks, containers, drums, etc.), and stored materials for the presence of hazardous waste or materials. The survey and testing may include visual inspection for the presence of suspected lead -based paint (LBP) and asbestos -containing materials (ACM), identification of potential PCB -containing equipment and materials, identification of universal waste, contents of materials stored in vessels, and assessment of buildings where hazardous materials or wastes are stored. Surveys typically consist of the collection and submittal of samples from homogeneous areas for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence technology; paint chips of damaged areas may be collected for laboratory confirmation. Depending on the constituents of concern, additional sampling may be performed to categorize other waste materials at a site (universal waste, PCBs, etc.) Various �UrRRriiOAI Services 16 — 103 10/18/2022 15 DUDEK California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, Aurora will submit the Form 8552 to the state, with a copy submitted to the City. The findings of the survey, whether it be visual or include laboratory analysis, will be presented in a standalone report or incorporated into a Phase I or II ESA report. Aurora has also supported Dudek projects with the preparation of abatement specifications for construction bids and monitoring during demolition/renovation Table 3. Project Timeline Phase I ESA Database Search, Site Reconnaissance, 2 weeks Agency Interviews, Historic Records Review Report Preparation and Submittal 2 weeks Phase 11 ESA Work Plan Preparation, Commission 2 weeks Review, Health and Safety Plan Preparation Field Activities and Data Evaluation 2-4 weeks Commission Review 1 week Report Submittal 1 week Hazardous Materials Building Survey and Sampling 1 week Surveys Report Preparation and Submittal 3 weeks Various � irZ5r%PAI Services 16 — 104 10/18/2022 16 DUDEK Site Investigation and Remediation/Removal Action Groundwater Monitoring and Reporting, Former Battery Recycling Facility, Los Angeles, California. Performed quarterly groundwater monitoring and reporting under Department of Toxic Substances Control (DTSC) oversight at the former battery recycling facility. Additional tasks included oversight of well redevelopment and evaluation of pressure transducer data and groundwater elevation trends. Newport Beach Aerospace Facility Studies, Raytheon Systems Co., Newport Beach, California. Performed two pilot studies at a Newport Beach facility contaminated with chlorinated solvents. Implemented in situ chemical oxidation using potassium permanganate, and enhanced in situ bioremediation by injecting ethanol as an electron donor for existing bacteria. Solvent Release Source Evaluation and Investigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, San Diego, California. Conducted a subsurface investigation at a solvent release site in Sorrento Valley. Prepared work plans and sampling reports for submittal to the County of San Diego Department of Environmental Health under the County's Voluntary Assistance Program. Oversaw the installation and sampling of groundwater monitoring wells and soil vapor probes. Requested case closure based on human health risk assessment and groundwater monitoring data. Former Aerospace Facility Investigation, San Diego, California. Conducted soil, soil vapor, and indoor air sampling at a former aerospace facility that had been redeveloped for commerical use. Currently overseeing modifications to the indoor air flow as a first attempt to lower indoor air VOC concentrations. Pump and Treat Facility, Kearney — KPF, Stockton, California. Performed quarterly groundwater monitoring at a chlorinated solvent and 1,4-dioxane-contaminated site in Stockton. Installed groundwater monitoring wells. Prepared groundwater monitoring reports and a Feasibility Study for site remediation. Rush Truck Centers Site Investigation, TerraGraphics Environmental Engineering, Escondido, California. Conducted a site investigation at a former truck maintenance facility. Removed a clarifier and surrounding petroleum -impacted soil for off -site disposal. Closed an outdoor sump. Conducted a soil vapor survey and human health risk evaluation. Obtained case closure from the County. Pacific Honda Groundwater Monitoring, San Diego, California. Conducted groundwater monitoring and soil vapor sampling at the gasoline -impacted service site. Conducted free product removal. Prepared a Corrective Action Plan and received case closure from the County of San Diego. Former Petroleum Refinery Environmental Consulting, Confidential Client, Ventura County, California. Managed waste removal during petroleum refinery decommissioning under EPA oversight. Conducted soil sampling and removal of petroleum hydrocarbon -impacted soil and polychlorinated biphenyl (PCB) -impacted soil. Removed a former oil UST under County oversight. Soil Sampling and Ecological Risk Assessment for Wetlands Mitigation Site Planning Project, San Diego County Water Authority (SDCWA), California. Conducted soil sampling and an ecological risk evaluation for a former agricultural field for the SDCWA wetland mitigation banking project. Prepared reports for submittal to the RWQCB and attended meetings with the RWQCB to discuss the results of the investigation. Marley Monitoring Reports, SPX Cooling Technologies, Stockton, California. Prepared a groundwater monitoring report and a Five Year Review for a metals -impacted site in Stockton. City Council 16 — 105 10/18/2022 3 DUDEK Carlsbad Municipal Golf Course Lead Sampling, City of Carlsbad, California. Conducted lead sampling at a former police shooting range using x-ray fluorescence (XRF) and laboratory confirmation. Oversaw remediation of the lead -contaminated soil. NAS North Island SWMU 87 SI, San Diego, California. Served as project manager for the environmental investigation of a suspected former wash area at NAS North Island believed to be contaminated with pesticides. Coordinated the site investigation, including historical research and soil and groundwater sampling; coordinated and prepared the analytical data set for risk assessment; reviewed the risk assessment results and the comparison of data to water quality objectives with DTSC, RWQCB, and the client; and completed the SI report. Inglewood Former Oil Field, Irell & Manella, LLP, Inglewood, California. Investigated total petroleum hydrocarbon contamination at a site in Inglewood by conducting soil sampling and research. Based on the site investigations, excavated and treated (off site) approximately 1,000 tons of contaminated soil in order to prepare the site for a transfer of ownership. The excavation was conducted under Air Quality Management District oversight. NAS North Island Solid Waste Management Unit (SWMU) 132 Site Investigation (SI), San Diego, California. Served as project manager for the environmental investigation of a NAS North Island site contaminated with metals including arsenic and lead. Coordinated the site investigation, conducted soil and groundwater sampling, coordinated and prepared the analytical data set for risk assessment, and completed the SI. Helped plan an interim remedial action involving removing a layer of metals debris and soil. Coordinated meetings with DTSC and the RWQCB and received regulatory concurrance with no further action following the interim remedial action. Groundwater Management Plan, Rainbow Municipal Water District, Rainbow and Fallbrook, California. Prepared a Groundwater Management Plan for Rainbow Municipal Water District. Litigation Support Groundwater Contamination Litigation Support, Torrance, California. Prepared a Declaration regarding trichloroethylene (TCE) contaminated groundwater originating from an adjacent site in Torrance, California. Evaluated groundwater flow directions, concentration trends, and historical uses at the site and the adjacent former industrial site. Litigation Support for Omega PRP Evaluation, Whittier, California. Presented historical site use information, soil, soil vapor, and groundwater data, as well as groundwater flow direction information to the EPA for an Omega Operable Unit 2 PRP. Site contamination included tetrachloroethylene (PCE). Whittaker Bermite Site, Santa Clarita, California. Participated in settlement mediations allocating remediation costs associated with perchlorate and volatile organic compound (VOC) contamination at the Whittaker Bermite site. Litigation Support for Water Discharge Investigation, San Diego, California. Provided litigation support, oversaw installation and monitoring of groundwater wells, and oversaw slug tests and pump tests for a site in San Diego with increasing groundwater elevations and seepage. Superfund Site Litigation Support, Rialto, California. Provided litigation support for a Goodrich Superfund Site PRP. Site contamination included perchlorate. City Council 16 — 106 10/18/2022 DUDEK Solvent Plume Litigation Support, Placentia, California. Provided litigation support for a multiparty solvent plume in Placentia. Activities included evaluation of existing data, installation of monitoring wells, aquifer tests, and a search for additional PRPs. Baldwin Park Operable Unit Litigation Support, Azusa, California. Conducted soil vapor and groundwater sampling. Provided litigation support for a PRP in the Baldwin Park Operable Unit of the San Gabriel Valley Superfund Sites. Site contamination included VOCs. Plating Shop Removal Action and Litigation Support, Fullerton, California. Removed plating shop waste liquids and solids under EPA oversight. Conducted soil and concrete sampling following the waste removal. Prepared a Waste Removal Completion Report for submittal to EPA and local agencies. Participated in a settlement mediation among PRPs for VOC-contaminated groundwater remediation costs. Environmental Compliance Spill Prevention, Control, and Countermeasure (SPCC) Plan, Helix Water District, El Cajon, California. Prepared an SPCC Plan for the Helix Water District Operations Center. SPCC Plans, First Solar Electric Inc., Imperial County, California. Prepared Hazardous Material Business Plans (HMBPs) and SPCC Plans for 3 solar facilities. Risk Management Plan (RMP), Rancho Pauma Mutual Water Company, Pauma Valley, California. Prepared a RMP and a subsequent RMP Update for the Water Company's chlorination facilities. Oceanside Sprinter and Escondido Rail HMBP, North County Transit District, San Diego County, California. Prepared HMBPs and SPCC Plans for bus and train maintenance facilities. Audits for Groundwater Monitoring Sites, Stockton, California. Performed an internal audit of groundwater monitoring activities at two sites based on compliance with the RCRA permit, RWQCB Waste Discharge Requirements, and sampling guidance. Landfill Studies BKK Class I Landfill Evaluation and Cost Allocation, Waste Management Recycling and Disposal Services, West Covina, California. Evaluated leachate, landfill gas, and groundwater data, as well as disposal records for the BKK Landfill to assist in remedy selection and cost allocation. Participated in cost allocation discussions and prepared a cost allocation model for the PRPs at the BKK Landfill. Palm Springs Landfill Remediation Oversight Project, City of Palm Springs, California. Conducted inspections of the former Palm Springs City Landfill. Observed the landfill remediation to identify any deviations from the Remedial Action Plan approved by DTSC. Corona Property Inert Landfill Investigation, Private Developer, Corona, California. Conducted soil, fill material, and surface water sampling to characterize landfill material prior to excavation and relocation of the material for redevelopment. Coachella Landfill Closure, City of Coachella, California. Produced a closure and maintenance report for a former landfill in Coachella, California, which included a plan for landfill inspections, monitoring, and maintenance. City Council 16 - 107 10/18/2022 DUDEK Landfill Post -Closure Maintenance, San Diego and Warner Springs, California. Served as project manager on landfill monitoring and post -closure maintenance sites on Naval Air Station (NAS) North Island and Survival, Evasion, Resistance and Escape Camp in Warner Springs, California. Performed groundwater sampling and water quality evaluation. Updated the post -closure maintenance plan and wrote an annual post -closure maintenance report for each site. NAS North Island Landfill Methane Monitoring, San Diego, California. Performed methane monitoring at a landfill monitoring site on NAS North Island. Coordinated installation of a methane detection system and calibrated it. Community Relations Fact Sheet, San Diego, California. Prepared a fact sheet regarding soil excavation on NAS North Island and transportation through the City of Coronado, California. Public Meetings, San Diego, California. Participated in several Restoration Advisory Board meetings in Coronado city. Presented status updates on several NAS North Island remediation and investigation activities to the community. Information Repository, San Diego, California. Provided oversight for maintenance of the NAS North Island information repository. 6 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT ONE SECTION EFOR EACH KEYPERSON.) (COMPLETE 12. NAME 13. ROLE IN THIS CONTRACT 14. Years' Experience a. Total b. With Current Firm 24 Grace M. Rinck, CIH Certified Industrial Hygienist 31 15. FIRM NAME AND LOCATION CITY AND STATE Aurora Industrial Hygiene, South Pasadena and San Diego, California 16. EDUCATION DEGREE AND SPECIALIZATION 17. CURRENT PROFESSIONAL REGISTRATION STATE AND DISCIPLINE B.S. Physical Chemistry, UCLA, 1986 Certified Industrial Hygienist (CIH), 1994 M.A. Science Education, California State University Northridge, 1988 California Certified Asbestos Consultant, 1993 ® Accredited College or University California Certified Lead Inspector/Risk Assessor/Monitor 1997 18.OTHER PROFESSIONAL QUALIFICATIONS PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC. Professional Affiliations American Industrial Hygiene Association (AIHA) Diplomat, American Academy of Industrial Hygiene (AAIH) Governmental Affairs Officer, South California Local AIHA Board Member, California Industrial Hygiene Council Ms. Rinck has been practicing industrial hygiene for 28 years. Her experience includes developing compliance programs, writing health and safety programs and specifications, and inspecting and evaluating construction and hazardous material projects. She specializes in training and education, having conducted employee health and safety training on the full spectrum of topics, including but not limited to respiratory protection, proper use of personal protective equipment, substance specific hazard communication, bacterial and fungal contamination, confined space, lead, and asbestos. As a former teacher, she has a reputation of providing in depth training classes that are specific to the client's needs and has been praised often regarding her outstanding abilities in the classroom. Public clients include the County of Los Angeles Departments of Public Works and Internal Services, Southern California Metropolitan Water District, the Housing Authority of the City of Los Angeles, The Cities of Pasadena, and Los Angeles, and Los Alamitos School District. She was on the advisory board for the Los Angeles Section of the American Indoor Air Quality Council (AmIAQ), a professional corporation devoted to the collection and dissemination of indoor air quality (IAQ) information to its members and promoting awareness and education on IAQ issues, for eight years and is currently serving as a board member on the California Industrial Hygiene Council. Her experience in risk communication has been very helpful in adversarial situations where a client needs someone to disseminate information to employees in both large and small group settings. 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (CITYAND STATE (2) YEAR COMPLETED VETERAN'S ADMINISTRATION, WEST Los ANGELES, CALIFORNIA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Aurora is most recently providing a wide range of industrial hygiene services for the VA greater Los Angeles Healthcare system a. (VA GLAHS). Responsibilities include safety training, risk assessments, indoor air quality assessments, environmental sampling, ergonomic evaluations, laser, and other electromagnetic radiation safety, confined space entry reviews, lockout/tagout, CEOSH 3E database management, safety data sheet maintenance, asbestos, lead, mold surveillance and survey work, air monitoring and any other as needed services. Cost of services is approximately 10K/month. Role: Certified Industrial Hygienist. Cost: Approximate) $ 10,000 per month. Dates: 01/2017 — 07/2019 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED b. Departments of Public Works, Internal Services, Department of Health Services and Department of Public Health, County of Los Angeles PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm AUTHORIZED FOR 1-cCi PR9Pl7or'i 1 16 — 109 1 S Nl1MtD� (REV. 3/2013) PAGE 1 Provides both scheduled and on -call emergency industrial hygiene services to the County of Los Angeles, since 2000 at County owned and managed facilities throughout the 400 square miles that comprise the County of Los Angeles. Has and continues to provide training in confined space, hearing conservation, respiratory protection, fall protection, construction safety, HAZWOPER and first responder, lead, asbestos, mold, and industrial hygiene. Reviews health and safety procedures and assists the county in developing safe work procedures at both routine — traffic painting, guardrail removal, sewer and water line maintenance to the unusual — well maintenance, downstream dam control painting, flood control bacteria safety protocols, and even drug investigations. Facility inspections have ranged in size from entire dams to sheds. Provides indoor air quality inspections in office buildings, measured a diverse number of environmental hazards, including bacteria, mold, asbestos, lead, heavy metals, pesticides, organic compounds, noise, and non -ionizing radiation. Over the last ten years, Ms. Rinck has reviewed contractor HASPs for construction projects at Big Tujunga, San Gabriel, and San Dimas dams as well as smaller projects like the Blanchard Slope reformation project and construction projects at county maintenance, water works, sewer, flood maintenance and office buildings. Every year, she conducts asbestos training, which includes respiratory fit testing, for the 300+ Internal Services Department tradespersons who maintain the county owned buildings, as well as Department of Public Works Flood, Road, and Maintenance personnel. Role: Project manage . Cost: Varies. Dates: 01/2013 — ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Housing Authority City of Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION (IF APPLICABLE) ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Ms. Rinck has been an industrial hygiene consultant under contract with HACLA since 2005. During that time she has assisted C. the agency by providing a full range of asbestos and lead services, as well as general industrial hygiene. Tasks have included asbestos and lead specification writing, managing asbestos and lead inspections — office buildings, and multi -unit residential, project management for asbestos and lead abatement and lead stabilization oversight and monitoring, personnel exposure assessments as well as writing operations and maintenance plans and providing Housing Authority personnel with training. In 2013, Ms. Rinck provided initial Asbestos Operations and Maintenance Training and respiratory fit testing for over 150 employees. Role: Project manager. Cost: Varies. Dates: 01/2012 - ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, AMEC Geomatrix, Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION(IFAPPLICABLE) 2010 x (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Provides industrial hygiene support services for large scale industrial site remediation and demolition projects. Projects have included personnel and environmental air monitoring for pesticides, solvents, particulates and heavy metals, and facility hazardous materials inspections In December of 2010, Aurora Industrial Hygiene conducted a hazardous materials inspection (asbestos, lead, PCBs, and other hazardous materials (OHM) for over 20 buildings and structures at the Port Authority of Guam located at Apra Harbor as part of the development of a container terminal port. Role: Project manager. 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Waterstone Environmental, Anaheim, CA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2012 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm e. Responsible for providing as -needed industrial hygiene services and consultation. Services have included both environmental and personnel monitoring during abatement of contaminated soil for projects for LAUSD school expansion and construction projects. Conducted work site, perimeter, hazard zone and personnel monitoring for pesticides, heavy metals, volatile organic compounds and particulates as well as recording environmental conditions for worker safety. Role: Project manager. AUTHORIZED FOR LOEAI_ PC'minq'i 1 16 -110 1 4PAN14D40{i22 (REV. 3/2013) PAGE 1 DUDEK Proposa a A-2 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal ('.ifv (ni ineil 1 R_ 119 1 n/1 R/7(177 City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Dudek Signed and Printed Title President/CEO Date July 25, 2022 f� f'.ity f'.ni ineil 1 R — 1 13 1(1/1 R/7(177 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Pity f'ni ineil 1 R_ 1 ill i n/1 R/9n99 City of Santa Ana RFP Page AM 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: V President/CEO Firm: Dudek Date: July 25, 2022 Pity f'ni ineil 1 R_ 11 q 1 n/1 R/9n99 City of Santa Ana RFP Page A3-4 f BUDGET PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Ca Ile Arroyo/ San Juan Capistrano, California 92675 10/18/2022 Sample Project Budgets In an addendum to the RFP, the City requested sample budgets as well as the following information for two specific property addresses: ■ Brief description of methods of inspection ■ Sample collection and lab analysis ■ Report sections ■ Any other necessary tasks Presented below by property address is Dudek's assumed scope of work, approach to the project, and estimated costs. Sample Project: 2245 S. Halladay Street 'PROJECT SCOPE The property located at 2245 S. Halladay Street consists of one approximately 0.1-acre parcel of land on Assessor's Parcel Number (APN) 016-105-19. According to information reviewed during the preparation of this scope, the earliest available historical source shows that the property was undeveloped land in 1946. By 1952, a house was constructed on the property, which privately owned. If the City plans to acquire the property, Dudek recommends that a Phase I ESA be conducted during the due diligence period of the transaction. In addition, based on the age of the structure, it is anticipated that a hazardous materials building survey will be necessary prior to demolition or redevelopment; this can be completed during the due diligence period or after the property transfer has been completed. Phase I ESA The Phase I ESA will be prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: ■ Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review relevant records maintained by local regulatory agencies, including the Regional Water Quality Control Board, Department of Toxic Substances Control, Orange County Health ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various MIRNAI Services Sample Project Budgets DUDEK Care Agency, Fire Department, California Geologic Energy Management Division, and the building department ■ Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directory listings ■ Conduct a search of environmental liens and activity use limitations for APN 016-105-19 ■ Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Interview the owner(s) and/or site representative/manager regarding the environmental history and background of the site ■ Non-ASTM scope items, including visual observations of conditions related to lead -based paint and asbestos -containing building materials, evaluation of local radon data, and review of methane hazard zones The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM standard, the report will list RECs identified for the site, as well as historical RECs and controlled RECs. Based on the project assumptions previously presented, the Phase I ESA will identify potential impacts of hazardous wastes and materials on the site and include recommendations for further assessment and/or investigation. The Phase I ESA will be prepared under the direct supervision of an environmental professional, as defined in the ASTM Standard. Hazardous Materials Building Survey Based on the age of the structure, lead -based paint and (LBP), asbestos -containing materials (ACM), and other hazardous building materials may be present. Aurora Industrial Hygiene (Aurora) will perform a survey to identify LBP, ACM, and any other hazardous building materials. The survey assumes that samples of homogeneous areas will be collected and submitted to a laboratory for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence (XRF) technology; paint chips of damaged areas may be collected for laboratory confirmation. Aurora assumes that the survey and sampling will take place over one day. Aurora assumes that there will be no more than 30 ACM samples and no more than 5 LBP samples collected for this project. This estimate is based on assessment of one approximately 1,500-square-foot building. The assessment will include indoor and outdoor components of the building. Aurora assumes that all areas are readily accessible, that a 12-foot ladder will be sufficient to access the structure, and that the roof is safely accessible. Aurora will make every effort to minimize damage to building materials; however, asbestos sampling by nature is destructive. Neither Aurora nor Dudek are responsible for repairs or damage to substrates sampled. Inspectors carry roofing mastic and interior caulking for limited repairs to sampled surfaces. California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, the industrial hygiene contractor will submit the Form 8552 to the state, with a copy submitted to the City, as required. Estimated costs for the aforementioned scopes of work is presented in Table 1. Various MIRNUMI Services Sample Project Budgets 2 DUDEK Table 1. Scope of Work Estimated Costs 2245 S. Halladay Street Phase I ESA Dudek Labor $6,120 Other Direct Costs (records searches, environmental lien and activity use limitation search, mileage for site visit) $810 Subtotal Hazardous Labor $6, 930 $2,240 Vendor $525 Other Direct Costs (XRF meter) $350 Subtotal $3,115 PROJECT TOTAL $10,045 Sample Project: 2245 S. Main Street PROJEt, i- SCOPL The property located at 2245 S. Main Street consists of one approximately 0.27-acre parcel of land on APN 403-141-08. According to information reviewed during the preparation of this scope of work, a gas station formerly operated on the site and a release of gasoline was reported in 1988. Impacts to soil and groundwater were reported at the site; monitoring and remediation efforts were performed for several years. By 2019, the underground storage tanks had been removed from the property and the gas station was demolished. The site was granted regulatory closure under the State Water Resource Control Board's Low -Threat Closure Policy in March 2022 with the caveat that if the land use changes, a review of the corrective action is required. The City of Santa Ana currently owns the property. For the purpose of this project scope, Dudek assumes that a land use change to Residential is proposed, which would trigger a corrective action review by the regulatory agency. Although regulatory closure (for commercial use of the property) was granted in March 2022, residual impacts remain at the site, which may exceed regulatory screening levels for residential use. Dudek recommends that a limited Phase II ESA with a human health risk evaluation be performed for the site. Phase II ESA Initial Project Review Dudek will review the existing data for the site to determine an appropriate project approach. According to information reviewed on GeoTracker, concentrations of several volatile organic compounds in soil vapor exceeded regulatory thresholds for residential and commercial land use scenarios. Based on Various it I Services Sample Project Budgets 3 DVDEK this, it is likely that the regulatory agency would require additional investigation to evaluate appropriate mitigation methods for the proposed land use change. Work Plan Dudek will prepare a site -specific work plan for the investigation in general accordance with ASTM Standard E1903-19 under the supervision of a Professional Engineer or Professional Geologist licensed in California. The work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. Dudek will submit the draft work plan to the City for review. Following the City's approval, Dudek will submit the work plan to the appropriate regulatory agency. Work will not commence until the regulatory agency approves the work plan. Pre -field Activities Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the Occupational Safety and Health Administration regulation 29 CFR 1910.120. Dudek will contact an Underground Service Alert prior to the commencement of field work to mark underground utility locations (in the public right-of-way). Dudek field staff will clearly mark each proposed boring location in white paint prior to contacting the Underground Service Alert. Dudek will contact a private utility locator to clear the potential boring locations of subsurface utility conflicts within the site boundary. Dudek will obtain a permit from the Orange County Health Care Agency for a boring/probe survey. Subsurface Investigation The scope of the subsurface investigation includes the advancement of soil borings, which will be converted into temporary soil vapor probes. Dudek will collect soil vapor samples to evaluate remaining impacts from the former gas station. Up to eight borings will be advanced to a total depth of 10 feet below ground surface using direct push technology. The soil will be logged and screened using a photoionization detector. Temporary soil vapor probes will be installed at each boring location. Soil vapor samples will be collected at 5 feet and 10 feet below ground surface at each of the probe locations; if saturated soils are encountered, probe sample depths may be adjusted. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the Department of Toxic Substances Control (DTSC) guidance and analyzed by a State of California Certified analytical laboratory for volatile organic compounds by U.S. Environmental Protection Agency (EPA) Method 8260B using a mobile analytical laboratory. At the end of the sampling event, the soil boring locations will be resurfaced and matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. Dudek assumes that no waste will be generated during the sampling. Dudek also assumes that the field work will be completed in one day, refusal will not be met in the borings, and that the site and proposed sample locations are accessible. Various MIRNAI Services Sample Project Budgets 4 DUDEK Evaluation of Soil and Soil Vapor Data Dudek will evaluate the results of the soil vapor sampling data and conduct a screening level risk assessment using California Regional Water Quality Control Board Environmental Screening Levels, EPA Regional Screening Levels, and DTSC HERO Note 3 Screening Levels. If risks exceed those allowable for the target land use criteria, additional sampling may be necessary and/or a formal human health risk assessment (HHRA) may be recommended. The findings of the limited Phase II ESA will be presented in a letter report that will include a summary of the work performed, any variances from the work plan, tabulated data, figures depicting the sample locations and areas of concern, soil boring logs, and laboratory analytical results. If the findings of the limited Phase II ESA report indicate a potential impact of vapor migration or other potential impacts on the site, the report will also contain recommendations for further work. Recommendations may include remediation, vapor mitigation design, or other investigations to appropriately determine the nature and extent of any contamination. Project Cost Table 2 presents the cost for the aforementioned scope of work. Table 2. Phase II ESA Project Cost Dudek Labor $8,300 Subcontractor Costs $7,900 Other Direct Costs (permit fee, mileage for site visit, air $652 monitoring equipment) Total 1 $16,852 Various MIRNMbi Services Sample Project Budgets 5 Rate Sheets City Council 16 — 122 10/18/2022 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $310.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$275.00/hr Principal Engineer I................................................................$265.00/hr Program Manager..................................................................$255.00/hr Senior Project Manager.........................................................$255.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$240.00/hr Senior Engineer II..................................................................$230.00/hr Senior Engineer I...................................................................$220.00/hr Project Engineer IV/Technician IV.........................................$210.00/hr Project Engineer III/Technician III..........................................$200.00/hr Project Engineer II/Technician II ............................................ $185.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer II...................................................................$190.00/hr Senior Designer I....................................................................$185.00/hr Designer.................................................................................$175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I..................................................................... $140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician....................................................................$115.00/hr Project Coordinator................................................................ $145.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $210.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $140.00/hr AnalystV........................................................................................... $130.00/hr AnalystIV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager.............................................................$160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator..................................................................$110.00/hr Grade III Operator..................................................................$100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III..................................................................$150.00/hr Technical Editorll...................................................................$135.00/hr Technical Editor ....................................................................$120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector.....................................................$139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr CO EFF tl'?AYt9JX9RY 1, 2022 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Leighton Consulting, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, 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 City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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 City Council 16 — 124 10/18/2022 in the Recitals which may reasonably be expected by City. "INNEWITT This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (l)-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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 2 City Council 16 — 125 10/18/2022 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 16 — 126 10/18/2022 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 4 City Council 16 — 127 10/18/2022 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 16 — 128 10/18/2022 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 is not embodied herein. 0 City Council 16 — 129 10/18/2022 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 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 7 City Council 16 — 130 10/18/2022 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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: Nabil Saba 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: Brynn McCulloch, PG Project Manager Leighton Consulting, Inc. 17781 Cowan, Irivne , CA 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. City Council 16 — 131 10/18/2022 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency 0 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: City Council 16 — 132 10/18/2022 EXHIBIT A City Council 16 — 133 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 OeANGE COUNTY SEAT GOVERNMENL THE GOLDEN CITY FOUNDED 1669 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(& santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agcncy KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 134 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana JTP 2 f00 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana .I§P 2f3V0 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana f6P 2f3�90 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana P 2f380 10/18/2022 Page Al_ The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city or Santa Ana f,6H 2Y3Wu 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city of Santa Ana fl�N 1.4Vu 10/18/2022 Page Al-6 4 Proposz Proposal August 1, 2022 ebrating 60+ Years of solutions, You Can Build www.leightongroup.com Ol'l,o Leighton City Council 16 — 142 10/18/2022 SCOPE OF WORK Phase I Environmental Site Assessments (ESA) Leighton will complete Phase I ESAs in conformance with the American Society for Testing and Materials (ASTM) International standard E 1527-21, All Appropriate Inquiries (AAI) 40 CFR Part 312, November 1, 2005, and, if required, Caltrans Project Development Procedures Manual, Chapter 18. Phase I ESAs completed by Leighton will include at a minimum: Records Review, Site Reconnaissance, Interviews, Report Preparation. All Phase I ESAs will include conclusions specific to the particular project as well as recommendations for additional investigation (Phase II ESA) as applicable. Phase I ESAs will be completed under the direction of registered professionals, including Environmental Professionals as required by AAI. Leighton will adhere to pertinent new regulatory requirements as applicable during the course of the contract, including those of E2600-10 for Tier 1 Vapor Encroachment Screening and as directed by the City. Interviews of tenants and or property owners will be completed with the City's authorization. Upon receipt of your authorization, we will make initial contact with property owners to conduct interviews of present and/or past owners, lessees, and employees (if they are available and cooperative). Our goal is to move your project forward —not introduce impediments. We will do everything possible to work within the unique sensitivities of each specific project. Phase ll ESA Leighton will employ a variety of technical approaches to expedite site assessment activities. The selection of the most appropriate assessment approach will be based upon City goals, site access and schedule. Each project is different and Leighton will make it a top priority to work with the City to find the most technically feasible, sustainable, and cost-effective approach to each project, with site closure and/or construction completion as the final goal. Tools and investigation techniques that Leighton typically employ include the following: • The use of geo-located current and historical aerial photographs combined with hand-held GPS units allow for more accurately targeted investigations in the field. • Soil vapor surveys, which provide excellent real time data that can pinpoint potential sources warranting further soil or groundwater sampling. • The use of direct -push borings for investigation of soils and groundwater which nearly eliminates the costs associated with the characterization and disposal of investigation -derived wastes. • Determination of site specific cleanup levels by establishing background levels prior to or during the investigation using screening methods such as XRF. This can help limit additional delineation requirements and reduce the overall investigative cost Leighton understands that remedial investigations/ site characterizations may be required for The use of Rapid Optical Cone Penetrometer properties identified as having potential (CPT) or Rapid Optical Screening Tool (ROST) contamination in the performance of a Phase technologies to screen soils for the presence of I ESA, properties involved in acquisitions, petroleum hydrocarbons. construction improvements or development. The Employing forensic chemical studies using primary goals of an environmental site investigation chromatographic finger printing, chemical ratio are to assess the nature and extent of any impacts, comparisons, degradation by-product and isotope quantify the approximate mass of contamination, age dating, off -site source reviews and area -wide evaluate potential risk to human health or the groundwater gradient interpretation to assess environment, and provide recommendations for sources of historical chemical releases. further investigation or remedial action, if required. Based upon our experience in California, the The use of mobile laboratories to expedite field typical contaminants in soil and/or groundwater decisions. include petroleum hydrocarbons, volatile organic The use of closed circuit television (CCTV) to compounds (VOCs), semi -volatile organic investigate and map (using subsurface sounding compounds (SVOCs), polychlorinated biphenyls and surface survey) subsurface utilities as potential (PCBs), Organochlorine Pesticides (OCPs) and conduits or release points allowing for forensic heavy metals, but the aotential for additional engineering analysis of these structures and contaminangifJo@b@hi§A. f6ripoli4Vg of release locatioq;D/18/2022 Leighton 9 Leighton recommends a kick-off meeting prior to initiating any Site Investigations to establish project priorities and identify restrictions. Prior to the meeting, we will review any available background information so we are prepared to discuss investigative methodologies applicable to the particular project. Based on the results of this meeting, we will develop a Work Plan for the field investigation. All investigations will be completed under the direction of a Professional Geologist (PG), Professional Engineer (PE), Certified Hydrogeologist (CHG), or Certified Engineering Geologist (CEG), in accordance with the requirements and applicable governing oversight agency such as LARWQCB, DTSC or local CUPAs. The Work Plan will be based upon our review of site conditions and meetings/discussions with the City. Each Work Plan will include a specific technical scope of work developed to best suit the needs of the project. A draft of the Work Plan will be submitted to the City's Project Manager for review. Once approved by the City, the final Work Plan will be submitted to the appropriate agencies for review and approval, if required. All Work Plans will be reviewed and signed by an appropriate licensed professional (PG or PE) before field implementation. Investigative methods described in the Work Plan may include one or more of the following: Waste Profiling: Containers of unknown contents are often discovered on industrial facilities associated with properties. Leighton's team is well trained and equipped to perform inspection, profile sampling, and characterization of chemical storage containers, such as tanks, drums, and other vessels. We realize that these assessments are often required on an expedited basis and our staff is prepared to respond immediately to your needs. evaluation of the data generated and will oversee direct push drilling subcontractors in the completion of soil gas investigations, when required. Soil gas investigations will be completed in accordance with RWQCB/DTSC guidelines and requirements. When necessary, Leighton will work closely with Dr. Heriberto Robles of Enviro-Tox Services to assess the potential for vapor intrusion into buildings/ structures and the associated health risks of identified contaminants. Trenching: Trenching is a cost-effective alternative often used for shallow soil characterization and to assess presence of or levels of contamination. Trenching activities will be supervised by Leighton personnel, under our current Cal/OSHA trenching permit. If potentially contaminated soils are encountered during excavation, Leighton will first notify the City, and then once approved accordingly notify the South Coast Air Quality Management District (AQMD) under our various locations Rule 1166 permit for soil excavation, or other applicable agencies, depending on the project location. Drilling: We understand that drilling soil borings or installing groundwater monitoring wells may be required under this contract. Having significant experience in California spanning more than 57 years, we understand the regional subsurface geologic and hydrogeologic conditions and can select the most appropriate drilling methods for each project based upon this knowledge. On most properties, we would utilize a direct push rig to collect soil and initial grab groundwater samples. This field methodology is less intrusive and considerably more cost-effective than drilling with hollow -stem auger drill rigs, and generates relatively little investigation derived waste (IDW) for disposal. Where permanent groundwater monitoring wells Geophysical Investigations: When appropriate, are required, Leighton will primarily use hollow - Leighton will work with approved subcontractors stem auger drilling equipment to advance soil to complete geophysical surveys. Subsurface borings for well installation. We have overseen geophysical techniques can also be applied to screen the installation of thousands of groundwater locations prior to other invasive work, such as drilling monitoring wells from single completions in shallow and trenching. water bearing units to multi -nested completions Direct Push Soil Sampling/Soil Gas Surveys: in confined and multilayered aquifers. We have designed and installed monitoring wells intended Leighton has completed hundreds of soil, groundwater, and soil gas investigations using for the recovery of various contaminants including direct push field equipment to evaluate the petroleum hydrocarbons, VOCs, various light non - aqueous phase liquids (LNAPLs — floating product), presence, concentrations, and extent of petroleum hydrocarbons, heavy metals, VOCs, methane and dense non -aqueous phase liquids (DNAPLs), other contaminants that may be encountered on and other dissolved compounds. Prior to any monitoring well installation, Leighton will obtain properties. This technology has been increasingly important in recent years due to concerns of potential necessary permits from the appropriate regulatory vapor intrusion into above -ground structures and agencies and register wells with the Department of Water Resources (DWR) as required. Drilling will is often a critical component of evaluating potential health risks. Our personnel are well versed in the be performed under the oversight of a PE or PG implementatiGA Qf thiS hA9I9qYoc W911 @& the registered in the State of California. City Council 16 — 144 10/18/2022 Leighton 10 Sampling: Soil and or groundwater sampling will be conducted in accordance with federal, state, and local guidelines with the objective of obtaining representative samples of the subsurface materials. No two projects are alike, each requiring a thorough review of background information to establish an appropriate sampling plan. Some projects will allow for standard 3-volume well purging, while others call for low -flow purging. Leighton will include a site -specific sampling plan as part of the work plan. This sampling plan will identify the media to be sampled (e.g., soil, water, soil gas, etc.), the sampling procedures (e.g., drilling, trenching, push probe, monitoring well, etc.), the sample container (e.g., glass jars, brass sleeves, EncoresTM, VOA vials, etc.), preservatives, sample handling, QA/QC objectives and chain -of -custody procedures. Decontamination/Disposal and Manifesting: Field equipment including drilling equipment, sampling materials and anything that may be introduced into the soil or groundwater will be decontaminated before use and between sampling points by washing in a mixture of liquinox (or similar) and water, rinsing in potable water, final rinsing with deionized water and be allowed to air dry. Investigation derived waste (IDW) and soil/groundwater generated during field investigations will be contained in 55-gallon DOT approved drums, appropriately labeled and transported under manifest to a permitted waste handling facility. Waste manifests will be signed by the City prior to transportation of the waste. Leighton will not store any hazardous substances for more than ninety (90) days, will not permit any accumulations in excess of the small quantity generator exclusion of 40 CFR Part 261, and will report to the appropriate regulatory agency any discharges or releases identified, but only upon approval from the City. Quality Assurance/Quality Control Quality Assurance/Quality Control is a vital part of any site investigation. Field activities will be conducted in accordance with the Leighton corporate QA/QC Plan. In addition, we will perform our services in accordance with project specific QA/QC requirements as addressed during the initial kick-off meeting for the project. Laboratory QA/QC will be performed for each method of analysis as required for the test method. The QA/QC data will be reported in summary form and include a description of the constituent, the specific test method, the date, the detection limit of the specific test method, the percent accuracy, the percent precision, and the signature of the laboratory manager or director. These forms will be included in the laboratory reports included as appendices to the final site investigatinn rapnrtc Tarhniral reports will Utyigmd[ vHd stamped by a PG or PE. As an additional QA/QC measure, it is Leighton's' policy that all technical reports be reviewed by an independent (in-house) senior registered professional (PG or PE) not actively engaged in the project prior to final submittal. Site Investigation Reports Leighton will analyze field and laboratory data, and prepare a detailed site investigation report describing the various tasks of the investigation, including field and laboratory data, findings, conclusions, and recommendations. As projects vary in size and complexity, report format and appropriate illustrations will be discussed with the City before and during report preparation to ensure the reports will present the information accurately and effectively, based upon City needs. All appropriately illustrated reports (site maps, cross -sections, iso-concentration maps, groundwater gradient maps, etc.) will be organized in accordance with the requirements of the RFP and other project specific requirements. The reports will be signed by those who prepared it, and signed and stamped by the California -registered professional (PG or PE) overseeing the project. All technical reports will be issued draft reports to review and provide comments, prior to finalization. Leighton 11 EXHIBIT B City Council 16 — 146 10/18/2022 %/o Lei hton FEE SCHEDULE TERMS AND CONDITIONS • Expiration: This fee schedule is effective through December 31, 2022, after which a 3% escalation will be applied annually. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable within 30 days of receipt in United States dollars. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) • determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double- time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours perday. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eighthours. Project time accrued includes portal to portal travel time. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project - specific permits and/or licenses, project -specific hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical- laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of City Council 16 — 147 10/18/ 022 g Fee/2022- X www.leightongroup.com Page 4 of 4 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between A -Tech Consulting, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. 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 On an as -needed basis, and at the City's sole discretion, 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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. City Council 16 — 148 10/18/2022 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this City Council 16 — 149 10/18/2022 project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. City Council 16 — 150 10/18/2022 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 City Council 16 — 151 10/18/2022 suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 16 — 152 10/18/2022 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. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 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 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 City Council 16 — 153 10/18/2022 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 may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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 City Council 16 — 154 10/18/2022 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) : • s Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: Roohi Toosi, Director of Engineering A -Tech Consulting, Inc. 1640 N. Batavia Street, Suite 112 Orange, CA 92867 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 16 — 155 10/18/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Roohi Toosi Director of Engineering 19 City Council 16 — 156 10/18/2022 EXHIBIT A SCOPE OF SERVICES City Council 16 — 157 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 158 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana P 20 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana .I§P 2f6V0 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana f6P 2fM90 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana P 2 20 10/18/2022 Page Al - The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city or Santa Ana f,6H 1 u 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city of Santa Ana fj�N 1 u 10/18/2022 Page Al-6 1�4paw A -Tech Consulting, Inc. Integrity I Accountability I Leadership Innovation Responsiveness it I Sti T 9 F- ��� - k- k 9P—, rw q-q r, %~ i- F bb.— Proposal for Various Environmental Services Table 1. A-Tech's Key Personnel at a Glance Personnel Role Licenses Percentage Years of Expertise Select Clients of Time Experience Education Page 15 August 1, 2022 Project Monitoring/Management Garden Grove Unified School District Casandra Williams, CAC, DPH, CAC #05-3892 Client Relationship Roman Catholic Bishop of Orange Business Administration & Management 2017, Goldman Sachs CIEC, CEICC Contract Administer ACAC #1404017 10 % 28+ OSHA Safety Training Irvine Unified School District 1OK Small Business Al DPH #3671 Infection Control Risk Assessments Claremont Mckenna College Environmental Due Diligence LA Community College District Project Manager Phase I & II ESAs City of Alhambra MSc 2016, Civil and Environmental Engineering, UC Irvine Roohi Toosi, PE Technical Lead PE CA #91825 25 % 7+ Emerging Contaminants, PFAS Caltrans District 7 BSc 2009, Petroleum Engineering, Tehran University, Iran QAIQC Director Project Management Southern California Edison Industrial Hygiene Monitoring Searles Valley Minerals Roosevelt Ward, CIH, CSP, CIH 11208 CP Environmental Remediation Los Angeles Unified School District MSc 2009, Environmental Health , University of Nevada Health &Safety Director 25 % 17+ QISP CSP - 32397 Indoor Air Quality Assessments Nevada Power BS 2003, Occupational Safety &Health, Indiana University Certified Safety Expert Edward Clark Generating Station Environmental Due Diligence Department of Toxic Substances Control Industrial Hygiene US Army Corps of Engineers MSc 2010, Environmental Science, Cal -State Fullerton Jay Sandoval, CIH ESAs Lead CIH 12379 CP 50 % 16+ Phase I & II ESAs Southern California Edison BA 2022, Environmental Science, UC Irvine Remedial Design and Construction Southern California Gas Company HazMat Site Assessments LA Community College District CAC 914.5269 Public Client Management City of Burbank BSc 2008, Sociology, Minor in Business Administration, Joe Williams, CAC, DPH Hazardous Material Lead 50 % 15+ DPH 919524 Team Coordination and Supervision Inland Empire Utility Agency Michigan State University, Lansing, MI Pre -Demolition Surveys City of Santa Ana Environmental Toxicology Southern California International Airport PhD 1985, Animal Science and Toxicology, New Mexico State Health Risk Assessment City of Alameda, Santa Fe Springs, University, Las Cruces, NM Heriberto Robles, PhD, DABT Risk Assessment Expert DABT 25 % 39+ Air Quality Assessment Torrance MSc 1983, Animal Science And Toxicology, New Mexico State Industrial Health and Safety Empire mine (Grass Valley, CA) University, Las Cruces, NM Phase I & II ESAs California University of Riverside CIH #12604 Solid & HAZ Waste Management Netnix, Inc. Patrick Naffah, CIH, DPH Senior Scientist CDPH #LRC- 50 % 6+ BS 2017, Environmental Science, University of Washington 00008983 HazMat Site Assessments Port of Seattle At Chemical/Oil Spill Prevention Starbucks Corporation HazMat Site Assessments Prime Healthcare Management CDPH #LRC- Phase I & II ESAs Burbank Public Works Department Victoria Lopez, EIT, CAC, DPH Staff Engineer 000009214 50 % 4+ BS 2018, Environmental Engineering, San Diego University Indoor Air Quality Assessments Dignity Health CAC #22.7057 Pre -Demolition Surveys Superior Court of San Diego City Council 16 — 166 10/18/2022 el A -Tech Consulting, Inc. 21� Proposal for Various Environmental Services Figure 1. A-Tech's Organizational Chart City Council 16 — 167 10/18/2022 Page 16 August 1, 2022 0 A -Tech Consulting, Inc. d d UNDERSTANDING of NEED Proposal for Various Environmental Services Page 17 August 1, 2022 A -Tech understands that the City of Santa Ana is planning to award contract(s) to qualified firms for providing various environmental assessment services in support of its Capital Improvement Program and other projects. It is our understanding that the required services are divided into two separate categories: ■ Category I. Environmental Site Assessments (ESAs) ■ Category H. Hazardous Material Surveys Our approach for this as -needed contract is to designate a single point of contact to the City, who will be managing the daily tasks of awarded projects and ensuring delivery of high -quality products in a timely manner. A-Tech's project manager is available 24/7for responding to City's requests and will coordinate the project requirements with A -Tech Team and staff as soon as the task orders are available. A -Tech has utilized its 20 years of experience in conducting ESAs and Hazardous Material Surveys along with the RFP, Questions and Answers, and Amendments provided by the City to develop a general approach for successful completion of future projects. The scope of work and schedule for the example requested projects are provided in Section 2.0 of this proposal. The Phase I ESAs will be conducted in accordance with the "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process " published by the American Society for Testing and Materials (ASTM 1527-21). A-Tech's general approach for completion of a successful Phase I ESA includes: ■ A review of relevant background information such as the site location relative to major man-made and natural landmarks, and surrounding land use. A general review of the geologic, hydrogeologic, hydrologic and topographic conditions as they relate to potential pathways or migration conduits to and from the property. Topography will be noted to the extent visually or physically observed or determined from interviews, as well as the general topography of the area surrounding the Property. The physical setting evaluation will be made utilizing physical observations and the available United States Geological Survey (USGS) 7.5 Minute Topographic Map. ■ A review of oil and gas fields in the vicinity of the site. ■ A compilation of site history and previous land use based on a review of historic aerial photographs dating back to the 1940s, available historic topographic maps, available historic fire insurance maps, and available city directories. ■ A review of chain -of -title records to identify possible recorded environmental cleanup liens. ■ An assessment of the potential for the site to have been impacted by contaminants and/or vapor migration originating from off -site sources based on a review of federal, state, tribal, and local government agency records. ■ A review of local municipal records including building permits, and zoning and land use records. City Council 16 — 168 10/18/ZQ22 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 18 August 1, 2022 ■ An inspection of the site to identify Recognized Environmental Conditions (RECs) that may include indications of the improper handling, storage, or use of potentially hazardous materials. This task also includes interviews with accessible property owners, tenants, and/or local agency personnel about hazardous materials handling and disposal procedures. ■ An evaluation of the possible presence of hazardous materials in structures at the site and/or in the subsurface environment beneath the site, with recommendations, if appropriate, for additional investigations or remediation. A cost estimate of additional activities will be prepared and submitted with the Phase I ESA report. Request Environmental Data Resources, LLC (EDR) to conduct a search of government records and document potential sources of contamination at or in the vicinity of the property. EDR's search includes federal, state, local, tribal, and EDR proprietary records for the property and for facilities within the distances per current ASTM practices. EDR will also search for any environmental liens associated with the Property. The list of research will include, but not be limited to, Environmental Protection Agency (EPA) National Priorities List (NPL) and Emergency Response Notification System List (ERNS); the RCRA generators, and treatment, storage and disposal (TSD) facilities list; Comprehensive Environmental Response Compensations, and Liability Information System (CERCLIS); and the State list of Leaking Underground Storage Tank (LUST) sites. Additionally, local governments will be contacted for a file search and review. An evaluation of potential PFAS sources on site based on available PFAS databases and historical operations at the site. Our experience with environmental projects for various government organizations informs us that Phase I ESAs may be needed because of acquisition of land or facilities, selling, or leasing facilities, terminating leases, or any other property transactions. The Phase I ESAs may conclude that there are no RECs, in which case the project will be completed, or may trigger additional investigations leading to Phase II ESAs. It is also possible that Phase I ESAs have been conducted by other entities and the City needs to initiate Phase II ESAs with the objective of collecting soil, soil vapor, and groundwater data to further assess the environmental conditions. The systematic approach for conducting Phase II ESAs is briefly described below: Meeting with the City Staff The initial review and identification of RECs will be completed during the Phase I ESAs. If a Phase I ESA recommends additional investigation to be conducted at a site, A -Tech will discuss the environmental requirements with the City staff and follow their instructions closely. The findings of the initial review will be discussed with the City to clarify the environmental concerns and to fill in any data gaps. Discussion will also include designation of a regulatory oversight agency, if that is the approach that is advocated for by the City. Potential regulatory oversight agencies include Cities and Counties' Health or Environmental Departments, the Fire Department, the South Coast Air Quality Management District (SCAQMD), Regional Water Quality Control Boards (RWQCB), Department of Toxic Substances Control (DTSC), EPA Region 9, or other local agencies. It is A-Tech's practice not to contact City Council 16 — 169 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 19 August 1, 2022 the regulatory agencies unless directed by the client. The initial review and discussions with City may lead to Phase II ESAs. Preparation of Work Plan If the Phase II ESA is warranted, A -Tech will prepare a work plan by focusing on the City's specific requirements and in accordance with ASTME1903-19. The purpose of the work plan is to have a clear and concise scope of work and the corresponding protocols and methodologies for implementation in accordance with acceptable regulatory guidelines. After review of the work plan by the City, it is submitted to the oversight agency for approval before it can be implemented. Permitting Most of the environmental investigation and remediation activities require permitting from various agencies. Certain soil investigations that do not reach groundwater may not require permitting. Most permits are obtained over the counter but permits related to remediation take time depending on the scope. In Orange County a subsurface investigation requires Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency if 1) the boring is deeper than 50 feet (ft); 2) the boring encounters groundwater, and 3) the boring will be open for more than 24 hours. If requested by the City, A -Tech would prepare the application and proceed with securing the permits. Some regulatory agencies may require a work plan along with the application for permitting. Subcontractor Selection A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, etc.) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and RWQCBs. The findings determine which of the following course of action is required: ■ No further action needed; in which case the report will request site closure. ■ Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs). ■ Investigation is completed but remediation is required. City Council 16 — 170 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 20 August 1, 2022 A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. Site Characterizations/Remedial Investigations If the Phase II ESA confirms the presence of contamination in soil or groundwater, Remedial Investigation is required to determine the best available approach for site cleanup. Complete Phase I and II ESAs and additional investigations resulting from them will effectively characterize the physical, biological, and chemical systems existing at a contaminated site, and develop thorough understanding of the site conditions. Based on the findings of the Phase I and II ESAs and in accordance with ASTM E1689-95 (updated in 2014), A -Tech will develop a Site Conceptual Model (SCM). The SCM is a narrative and/or graphical representation of the current understanding of hydrogeologic conditions and contaminant distribution in the soil -water system beneath the Site. The SCM provides a description of migration pathways of the Chemical of Concerns (COC) and the processes and mechanisms that affect the distribution of COCs in soil vapor, soil, and groundwater. The SCM represents: A geologic cross- section of the Site that effectively identifies the soil profile and types of the soil layers (i.e., clay, silt, sand); Depth to groundwater and the hydraulic gradient within the aquifer; Established background concentrations; COCs concentrations and the extent of their plumes; Contaminant transport pathways and human exposure; and Remediation target zone. After the site is effectively characterized and the SCM is developed, A -Tech will conduct a risk assessment to evaluate the adverse effects of the Site's current conditions on human health and environment. If human health or the ecosystem is threatened by the contamination, Risk -Based Corrective Action must be selected and implemented in accordance with ASTME2081-00 (revised in 2015). A -Tech will conduct a Focused Feasibility Study to evaluate various applicable remedial technologies including no action and propose selection of the most appropriate remedial approach. The flowchart provided in Figure 2 demonstrates the processes and sequence of activities that are involved in successful completion of an environmental remediation project that is initiated by the City's request. A -Tech proposes to evaluate the potential for chemicals associated with the site to cause adverse effects on human health or environmental receptors in the absence of any remedial action. A-Tech's risk assessment approach is designed to fully utilize existing data and information generated during previous investigations at the site in order to minimize the costs and time required to produce a quality document. A-Tech's risk assessments are consistent with the requirements of both the California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency (USEPA). The risk assessment will include the selection of chemicals of potential concern (COPCs), use of critical toxicity factors (i.e., reference doses [RfDs] for non -carcinogens and slope factors for carcinogens) in estimating potential health risks and hazards. RfDs and cancer slope factors developed by the DTSC and USEPA will be used for estimating potential health risks. A report detailing the results of this risk assessment will be prepared in a straightforward format for the review and approval by the regulatory agency. The report will include the justification for the selection of exposure pathways and assumptions necessary to support the estimation of potential health risks and hazards. City Council 16 — 171 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Figure 2. ESA Sequence from Project Initiation to Completion City of Santa Ana A -Tech Consulting Health & Safety Certified Industrial Project Manager - - - - - - - Regulatory Hygienist Agencies Page 21 August 1, 2022 Phase I ESA Soil Sampling Soil Vapor phase II ESA Survey Further Yes Groundwater Investigation Sampling NO Data Evaluation ESA Complete Rea ediatiou & Reporting I"eS _.., Feasibility e*..a. oauuj RiskAssessment Remedial Action Plan l L Remedial Design i Remediation Fate & Transport Analvicec/Mndelinu City Council 16 — 172 10/18/22 IV A -Tech Consulting, Inc. 0 Asbestos Project Management Proposal for Various Environmental Services Page 22 August 1, 2022 A-Tech's Hazardous Material Surveys Lead will assist the City's project manager in the management of any asbestos projects of any size, developing asbestos testing and sampling plans, providing consultation regarding asbestos regulations and requirements, and scheduling and executing asbestos -related projects. Asbestos Surveys Once all pre -field activities are completed, A-Tech's field personnel will drive to the job site to begin conducting the field activities. A -Tech utilizes trained Certified Site Surveillance Technicians (CSSTs) or Certified Asbestos Consultants (CACs) for all asbestos inspections, operation and maintenance preparation, project monitoring and clearance monitoring services. Each of A-Tech's field technicians is outfitted with all necessary equipment and supplies to conduct all types of assessments and clearances, including but not limited to microscopes, high and low -flow pumps, moisture meters, sampling media and tools. Additionally, each technician has a company -issued tablet computer to input all field data into our EnviroShare. Based on the project specifications and regulatory requirements and as requested by the City, we will conduct various types of asbestos surveys including, but not limited to, asbestos screening, limited asbestos surveys, path of construction/pre-renovation asbestos surveys, and pre -demolition surveys. Friable asbestos containing material (ACM), as defined by the U.S. Environmental Protection Agency (EPA) and South Coast Air Quality Management District (SCAQMD), Rule 1403, is a material that, when dry, can be easily pulverized, crushed, or reduced to powder by hand pressure. Non -friable ACM that can potentially be broken, crumbled, pulverized, or reduced to powder during demolition or renovation activities are classified as Class I or Class II, non -friable ACM. To identify suspect friable and non -friable ACM, as required under California law, a California Occupational Safety Health Administration (CAL -OSHA) CSST and/or CAC is required to conduct visual and/or bulk assessments of a structure. During an assessment, our experts will identify homogenous areas of suspected ACMs for purpose of sampling in accordance with current CAL -OSHA, EPA, and Asbestos Hazard Emergency Response Action (AITERA) requirements. The homogeneous areas will be defined with respect to similarities in appearance, age, use, type, color, and/or texture. The condition and estimated quantity of the suspected materials will also be assessed. Once the visual inspection identifies homogeneous areas, bulk samples will be collected from building materials and submitted under standard chain of custody to a laboratory that is fully accredited by National Institute of Standards and Technology (NIST) through participation in the National Voluntary Laboratory Accreditation Program (NVLAP), or a laboratory that participates in the AIHA Laboratory Accreditation Programs, LLC (AIHA), a third -party that is an internationally recognized accreditation body for testing proficiency. We have excellent working relationships with our laboratories and will recommend using them as our subcontractor for City's asbestos testing projects. City Council 16 — 173 10/18/22 IV A -Tech Consulting, Inc. d Asbestos Assessment Reports Proposal for Various Environmental Services Page 23 August 1, 2022 Upon receipt of analytical results from the laboratory, A -Tech will prepare an asbestos assessment report that summarizes pre -field activities, field visual inspections, field sampling activities, sampling results, and recommendations. Our asbestos assessment reports will include (but not be limited to) the name of the surveyor, CACs and project manager; methods and procedures that were utilized in sampling and analysis; the date of survey; drawings and photographs of sampling locations; the laboratory qualifications statement; the existing conditions of the facility; a description of any identified ACM; and recommendations regarding asbestos handling and disposal, if needed. If ACM was identified at the project site, an asbestos abatement work plan will also be prepared and submitted along with the asbestos assessment report that will clearly identify procedures and steps to be followed by the abatement contractors. After internal review and quality control, the draft reports will be reviewed by a professional editor and the editor's comments will be reviewed and incorporated, as appropriate. Asbestos Field Monitoring When a project requires abatement, per regulations the City is required to directly hire an abatement contractor to perform the abatement activities. Once the abatement work plan is finalized, A-Tech's Lead and CACs will assist the City's project manager with bid package development and review of the submitted bids. A -Tech is experienced in coordinating, monitoring, and clearing abatement projects to make sure our clients can gain access to work areas in a timely manner. A -Tech will coordinate with the City on each project to ensure all project documentation meets all regulatory requirements. We will make sure that all required oversight agencies' notifications and documents are submitted by the abatement contractor on time to avoid project delays. During abatement activities, our experienced field technicians will provide oversight of abatement contractors' activities and conduct personal and ambient air monitoring for the work area, as necessary. We will work with the City to maintain the project schedule and can coordinate either with the necessary personnel to schedule clearance tests that will streamline the finalization of the project without lag time. Our approach allows our client as much or as little involvement as they are comfortable with. Asbestos Clearance (Close -Out) Report When the asbestos abatement has been completed, a final visual clearance inspection is conducted followed by air sampling that is analyzed on -site by Phase Contrast Microscopy (PC* utilizing a laboratory grade microscope, or off -site by Transmission Electron Microscopy (TEM) analysis, as necessary. For asbestos projects, we collect background, ambient and general air samples for on -site PCM analysis. If there is an elevated fiber concentration, we want to know right away to immediately modify engineering controls. When the entire abatement and remediation process is complete, a final close-out document will be prepared upon receipt of analytical results. The report will be delivered via email and/or standard mail based upon the City's preference. The final close-out document contains, at a minimum, an executive summary indicating methods of work; areas and materials abated; regulatory compliance; sample analysis findings and conclusions. The close-out report would also include (but not be limited to) project diaries, project checklists, permits, air monitoring logs, contractors' certifications, submittals and/or notifications, digital photographs, final visual inspection forms and clearance letters. City Council 16 — 174 10/18/22 IV A -Tech Consulting, Inc. 0 LBP Testing and Assessment Proposal for Various Environmental Services Page 24 August 1, 2022 A -Tech utilizes trained Certified California Department of Public Health (DPH) Inspector/Assessors and DPH Project Monitors for all lead inspections, hazard assessments, project monitoring and clearance monitoring services. For Lead Based Paint (LBP) inspections of pre -designated areas, our DPH Certified Inspectors/Assessors, will utilize an X-Ray Florescence (XRF) analyzer and screen all painted surfaces, ceramic, and porcelain components by utilizing Cal-OSHA's and the U. S. Department of Housing and Urban Development's (HUD) sampling protocols. If analysis of suspect components using the XRF is not conclusive of presence of LBP, chip samples will be collected and analyzed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS), in accordance with current regulatory requirements. We will summarize the results and procedures in an LBP Assessment Report that will include (but not limited to) name of the inspector, date of inspection, all the XRF readings and their location logs, paint chip sample collection procedures and locations, results of laboratory analyses and its accreditation statement, and recommendations for next steps. If LBP was identified in any of the materials, an abatement work plan will be prepared and submitted along with the assessment report for execution by the abatement contractor. LBP Abatement and Monitoring For lead abatement or paint stabilization activities, we inspect the integrity of the containment, review all applicable notification and/or submittal documentation, review all abatement worker certifications and ensure a copy of the survey and work plan are on site during the work period. The project is monitored continually to ensure no migration of LBP occurs and that proper engineering controls are implemented as well as proper protective equipment are being utilized by the lead abatement contractor throughout the project. Upon completion of the removal/stabilization project, our technicians conduct a final visual clearance inspection and clearance sampling. Upon approval of the visual inspection, clearance wipe or soil sampling is performed and sent to a certified laboratory that will analyze the samples using AAS. If requested, A -Tech will also obtain and submit samples which will be analyzed for Waste Stream Characterization (TCLP, TTLC and STLC) to determine disposal requirements for generated lead waste on a project. As it was described above, A-Tech's personnel will assist the City in overseeing abatement contractors' activities. We will provide air monitoring and consultation on as -needed basis to ensure compliance with all the applicable rules and regulations, such as SCAQMD Rules 1403, 1150, 1166, and 1466. We understand that the City may be required to provide air monitoring during abatement and remediation activities, including but not limited to monitoring for dust, asbestos fiber content, VOCs emission, and any COPCs that might be emitted to the air by site disturbance. We have all the necessary equipment and tools in-house to conduct all the air monitoring requirements of this contract, and our personnel have experience utilizing PMlo, using either direct -read or datalogging particle counters, and photoionization detectors (PID). Our qualified consultants will be available 24/7 to provide consultations to the City regarding air monitoring and any other pertinent environmental issues. City Council 16 — 175 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 25 August 1, 2022 We take pride in our immediate responsiveness, while delivering quality results. A-Tech's personnel are available 2417 to provide any environmental consultations regarding the City's projects and activities. Our team of professionals are trained and qualified to provide emergency response to the City's requests. We can mobilize to any site in Southern California within one to two hours of notification. For areas further away, we require a 24-hour notice prior to mobilization to the project site. If projects' conditions require off -hours' services, our personnel will work accordingly to get the job done within the required time frame. Our field technicians reside throughout San Diego, Los Angeles, Orange, San Bernardino, and Riverside counties and are available to mobilize to any project site quickly. A -Tech works with technicians on rotation for evenings, weekends and holidays, to be prepared in the event of an after-hours service requests. Our project managers are experienced in adjusting technician availability and turnaround time of deliverables to fit the urgency and magnitude of any project. A -Tech provides a wide variety of environmental consulting services, including but not limited to: Phase I & 11 Environmental Site Assessments, Remedial Investigations, Groundwater Studies, Groundwater Modeling, Feasibility Studies, Remedial Design and Operation, Asbestos and Lead Inspections and Surveys, Mold Inspections, HAZMAT/Universal Waste assessments, Project Monitoring/Management Services, Indoor Air Quality Investigations, Bioaerosol Monitoring, Air Quality Testing, Environmental Health & Safety Audits/Inspections/Trainings, Risk Assessments, Radon Testing, Silica Exposure Assessments, Industrial Hygiene Assessments and Monitoring, Stormwater Sampling, Emergency Spill Response & Clean-up, Environmental and Industrial Wastewater and Stormwater Testing. e. RELEVANT PROJECT EXPERIENCE A -Tech has more 20 years of experience in conducting hazardous materials assessments and providing environmental consultation to its clients. Table 2 presents a select list of related projects that has been conducted by our team in the past three years. Additionally, more projects have been selected to provide further details on the experience of our team. City Council 16 — 176 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Table 2. Select Projects of Past 3 Years Page 26 August 1, 2022 Date Related Client Project Name and Type Location Completed Category Early Childhood Facility Baldwin Park Unified School Phase I & II ESAs / HazMat Commerce, CA Sep-22 I & II District Surveys HazMat Surveys for 80+City City of Burbank Burbank, CA Ongoing II Buildings Los Angeles County HazMat Surveys of Various Los Angeles, CA Ongoing II Superior Court Courts in the County Long Beach Airport Hangar Construction Long Beach, CA Aug-22 Methane Investigation Exxon Mobil/Pacific Oil Gas Station Renovation UST Pasadena, CA Jun-22 Group Removal Investigation City Yard UST Removal City of Burbank Burbank, CA May-22 I & II Investigation Caltrans D7 Site Investigation Various, CA Mar-22 HazMat Surveys of all City City of Pasadena Pasadena, CA Dec-21 II Buildings US Army Corps of Engineers Extensive Site Investigation Fort Wingate, NM Nov-21 and Remediation Bristol Substation PEA / Southern California Edison Santa Ana, CA Oct-21 Phase I & II ESAs LA City College HazMat Los Angeles Community Surveys and Site Los Angeles, CA Aug-21 I & 11 College District Investigation Malibu Mesa Water UST Removal Investigation / Malibu, CA Jul-21 I & II Reclamation Plant HazMat Surveys Maintenance Yard Site Palo Verde Irrigation District Investigation and Blythe, CA Feb-21 Remediation SLC-8 Launchpad Phase I Vandenberg Airforce Base Environmental Baseline Vandenberg, CA Jan-21 Survey City of Pomona Fire Stations Site Closure Pomona, CA May-20 City of Alhambra City Yard Phase 11 ESA Alhambra, CA ct-19 Divisadero Substation Phase r�Jan-19 Southern California Edison Visalia, CA I & II ESAs City Council 16 — 177 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 27 August 1, 2022 Type: Category I Client: Southern California Edison (SCE) Disclaimer: Mr. Toosi was the senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Involvement: 2017-Nov 2021 Project Description: Land divestiture, even more than land acquisitions, exposes clients to long term potential environmental liabilities. For retirement of SCE's Bristol Substation, which is located within the City of Santa Ana's Bristol Street Corridor Specific Plan (BSCSP), Mr. Toosi's team was hired for conducting initial environmental site assessments (ESAs). The objective of our work was to identify any Chemicals of Potential Concern (COPCs) that may have originated from SCE's historical operations, delineate the extent of the impact, and remediate the Site consistent with the City of Santa Ana's future use standards and other pertinent regulatory protocols and guidance documents. Our Phase I ESA report identified potential Recognized Environmental Conditions (RECs) that were attributed to polychlorinated biphenyls (PCBs), fuel -related petroleum hydrocarbons and volatile organic compounds (VOCs), and loss of mercury from the switches. Therefore, we planned for conducting additional site assessment and soil and soil vapor sampling at the Site. The Department of Toxic Substances Control Board (DTSC) was the oversight agency for this project. In 2020, we completed the Site characterization and delineated the area that was impacted by arsenic, lead, and PCBs. Our team developed the grading plans and managed the soil remediation by excavation activities. Upon completion of the remediation, the DTSC requested a Preliminary Endangerment Assessment (PEA) report to be prepared and submitted to the agency for Site closure. Mr. Toosi was the professional engineer who reviewed and stamped the PEA, which was submitted to the DTSC for final review. During this project, our team communicated every step of the work with the City of Santa Ana to ensure the BSCSP is not impacted by the investigation and rampdiatinn uinrlr Key Personnel: Mr. Toosi was the senior engineer and Dr. Robles was the risk assessment expert of this project. Figure 3: Soil Excavation at SCE's Facility, City Council 16 — 178 101181,JQ22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 28 August 1, 2022 Type: Category I & II 1 Client: Baldwin Park Unified School District I Project Period. Jun 2022-Sep 2022 Project Description: The Baldwin Park Unified zardous Material Surveys School District (BPUSD) is proposing a commercial Phase • property to be transformed to an early childhood erty Assessment care facility. In request of the Federal funding " rv, agent, the BPUSD retained services of A -Tech to Concentrated Industrial Area conduct a Phase I ESA for this facility. A -Tech identified several recognized environmental conditions (RECs) related to potential use of herbicides and pesticides from historical farming activities; potential release of petroleum hydrocarbon from oil & gas well fields in the Site vicinity; potential leakage of oil & grease from the Site's UST; active contaminated site upgradient of the Site with ongoing remediation activities; truck staging activities and cargo freights at the Site; and the historical oil equipment service shop across the alley and upgradient to the Site. Based on these findings and the sensitive nature of the proposed land use, A -Tech recommended a Phase 11 ESA for this property. The Federal Early Childhood Education officer concurred with A-Tech's recommendations and requested a Phase 11 ESA for the Site. A -Tech currently is developing the Phase II ESA work plan and planning on securing the required permits to conduct the field activities. Key Personnel: Mr. Toosi is the project manager, Mr. Sandoval is the senior scientist, Mr. Ward is the CIH, Mr. Williams is the HazMat Survey Lead, and Ms. Lopez is the staff engineer for this project. Type: Category I & II 1 Client: City of Burbank Project Period: January -May 2022 Project Description: A -Tech was retained by the City of Burbank, Public Works Department to conduct environmental monitoring during removal of a 3,000-gallon USTs. The site is a Maintenance and Park Storage located in the City of Burbank. A - Tech monitored for VOCs via direct -read instruments during the removal of the tank and provided immediate recommendations, based on the results of the readings. Additionally, we collected samples to evaluate any leakage from the UST and conducted waste characterization. A -Tech also performed testing for asbestos at this building. All suspect asbestos containing -materials were tested and submitted to a certified laboratory for analysis. The city is A-Tech's oldest client, and they rely on A - Tech for their environmental needs. City Council 16 — 179 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 29 August 1, 2022 Key Personnel: Mr. Williams was the HazMat Survey lead, Mr. Sandoval was the site investigation and assessment lead, and Mr. Ward was the CIH for this project. Type: Category I Client: City of Alhambra Project Involvement: 2018-2019 Disclaimer: Mr. Toosi was the deputy manager and senior engineer of this project at his previous role as the vice president of Rubicon Engineering Corporation. Project Description: Five USTs containing gasoline and waste oil were removed from the City of Alhambra's Maintenance Yard in the 1990s. However, the soil in the area was not evaluated for the presence of residual contamination. The LA Water Board on April 20, 2018, sent a Corrective Order Letter to the City. That order requested additional assessments to be conducted and a work plan for these activities must have been submitted to the LA Water Board by May 20, 2018. Our team was contacted by the City's Utility Department's Deputy Director, Mr. David Dolphin, to initiate developing the work plan and submit to the agency by the requested deadline. The LA Water Board approved our work plan and requested the results of the investigation in a technical report format by October 13, 2018. We completed all pre -field activities and hired subcontractors that we felt were the most qualified while offering the best value and mobilized our field crew on October 1, 2019. For this project, our team: ■ Drilled a total of 12 borings using direct push technology (DPT) to a depth of 35 feet below ground surface and collected samples at every five-foot interval. ■ Analyzed the samples using a mobile laboratory subcontractor for total petroleum hydrocarbons (TPH) and volatile organic compounds; and Showed, based on the results of this investigation, that the removal of the USTs was conducted properly, and that no residual contamination was present at the site. On October 12, 2018, we Submitted the final Site Closure Report and requested closure for the site from the LA Water Board. On October 7, 2019, the Water Board issued a no further -action letter and approved our request for Site Closure. The city was delighted with our team's efforts to finish this project within the budget in a timely manner. We have established relationship with the LA Water Board's staff and have a reputation as a diligent consultant, whose mission is to protect the environment and ensure its clients are not environmentally liable. Key Personnel: Mr. Toosi was the deputy project manager and senior engineer for this project. City Council 16 — 180 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 30 August 1, 2022 Type: Category I & II Client: Los Angeles Community College District Project Involvement: 2020-March 2022 Disclaimer: Mr. Toosi secured this contract and managed it at his previous role as the vice president of Rubicon Engineering Corporation. A -Tech still is Rubicon's subcontractor and provided services in collaboration with Mr. Toosi. Project Description: In 2019, A -Tech as part of the Rubicon Team was awarded an on -call environmental consulting services contract with the Los Angeles Community College District to provide various environmental services including asbestos and lead sampling and monitoring, limited environmental investigation, and waste characterization investigation. We have since received multiple task orders and established a working relationship with the Los Angeles City College project team. In 2020, we completed a comprehensive survey of hazardous materials for the Central Plant Phase II renovation project, which assisted the client to comply with requirements of the South Coast Air Quality Management District (SCAQMD) Rule 1403. As a testament to our ability to respond to emergency situations, we conducted and completed an emergency project with short notice and turnaround for the Cesar Chavez Street emergency project. We mobilized to the site with the same day delivery of results, conducted inspection and sampling of a suspected transite pipe, prepared a SCAQMD Procedure 5 Work Plan, oversaw abatement activities, conducted clearance inspection, and provided a close-out letter. Due to the fast -paced nature of this job we completed this project within 20 working days, 10 days of which were spent waiting for the SCAQMD and Cal -OSHA notifications. In another task order, Mr. Toosi managed and conducted a limited soil investigation project at the Los Angeles City College to evaluate any potential contamination at the proposed Cesar Chavez Admin Building construction site. Our team arranged for mobilization to the site and collected 40 soil samples at various depths and analyzed them for any potential hazardous contaminant groups. Due to the ongoing construction activities the project required faster turnaround time than usual. The College managers were delighted with Mr. Toosi's responsiveness and quick attention to this project. Key Personnel: Mr. Toosi was the project manager, Mr. Williams was the HazMat Survey lead, and Dr. Robles is the risk assessment expert for this contract. City Council 16 — 181 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services #114OW$ Page 31 August 1, 2022 Type: Category II Client: Veteran Affairs (VA) San Diego Healthcare System Project Period: Jul 2020-Nov 2020 Project Description: In July through November 2020, A -Tech performed asbestos and lead project monitoring at the VA San Diego Healthcare System. During all phases of the project, A -Tech coordinated all activities with the abatement contractor and the client. Weekly clearance documentation was sent to the client and relevant hospital personnel. Routine inspections were performed throughout each shift to ensure that the large containment was secure and free of breaches, and that all work completed by the abatement contractor was performed in accordance with all current regulations. In addition, A -Tech collected air samples outside of the containment to ensure that no asbestos fibers were migrating from the containment. As a result of the careful attention to this project, there were no unnecessary project stoppages. A close-out report was provided to the client after all abatement activities were completed. Key Personnel: Mr. Williams was the HazMat Survey Lead of this project. Type: Category II Client: Santa Ana Unified School District Project Period: Mar 2022 Project Description: On March 16, 2022, A -Tech provided consultation to the client during all phases of the asbestos and XRF-lead assessment. The scope of work was included testing all materials on the interior of the library for asbestos and lead. A - Tech provided verbal results to the client as soon as laboratory results were available. A full assessment report was delivered within three days of A -Tech receiving the laboratory results. This assessment report was immediately stored in Santa Ana USD's vendor portal, maintained by A -Tech. Figure 4: View of Abatement Activities City Council 16 — 182 10/18/22 IV A -Tech Consulting, Inc. Proposal for Various Environmental Services Page 32 August 1, 2022 f. REFERENCES Type: Category I Client: Baldwin Park Unified School District Project Name: Phase I & 11 ESAs for Proposed Early Childhood Care Facility Contact Name: Ray Rankin, Director of Maintenance and Operations Contact Email: Rhrankin911(cr�,bpusd.net Contact Phone: (626) 705-9154 Type: Category I & II Client: City of Burbank, Public Works Department Project Name: UST Removal Investigation and Comprehensive Hazardous Material Surveys Contact Name: Dean Pearson, Construction Manager Contact Email: DPearson(kburbankca.gov Contact Phone: (818) 238-3817 Type: Category II Client: City of Pasadena Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Henry Frometa, Human Resources, Safety Coordinator Contact Email: hfrometakcityofpasadena.net Contact Phone: (626) 744-3818 Type: Category I & 11 Client: Los Angeles Community College District Project Name: Comprehensive Hazardous Material Survey and Limited Environmental Investigation Contact Name: Steve Campos Contact Email: steve.campos cgbuild-laccd.org Contact Phone: (626) 510-4393 Type: Category II Client: Santa Ana Unified School District Project Name: Comprehensive Asbestos and Lead Assessment Contact Name: Fentriss Winn Contact Email: fentress.winngsausd.us Contact Phone: (760) 717-3077 Type: Category II Client: Superior Court of California, County of Los Angeles Project Name: Comprehensive Hazardous Materials Surveys Contact Name: Michael Berry, Facilities Services Supervisor ContactEmail: MBerry(&lacourt.org Contact Phone: (213) 633-1052 City Council 16 — 183 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services 2. SCOPE OF WORK AND SCHEDULE As part of the RFP, sample fee proposals have been requested for the following properties: ■ Project #1: Halladay Property: 2245 S. Halladay Street, Santa Ana, CA 92707 ■ Project #2: Former Arco Gas Station: 2245 S. Main Street, Santa Ana, CA 92707 Page 33 August 1, 2022 A -Tech has prepared the following scope of work and schedule of events specific to these two projects and has provided a separate fee proposal in a sealed envelope that corresponds to these activities. Please note that we refrained from repeating our general approach that was explained in Section Ld and here we focus on specific activities, project background, and schedule of events. It is our assumption that the City of Santa Ana has issued task orders and requested A -Tech two separate cost proposals for conducting ESAs along with Hazardous Material Surveys at above properties. a. PROJECT W : HALLADAYPROPERTY It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it as an office building for employees. The Site currently consists of a single -story building in a residential neighborhood. A -Tech is retained to conduct a Phase I ESA and a comprehensive hazardous material survey of the building materials. Below is A-Tech's systematic approach to this project: Upon receipt of notice to proceed, A -Tech will arrange for a kickoff meeting to discuss the Deliverables: project requirements and obtain project relevant ✓ Phase I ESA Report information. We visited the Orange County V EDR Reports as Appendices Assessor Office website to find the Assessor V Owner Questionnaire as Appendix Parcel Number (APN) of 016-105-19. A -Tech V Site Reconnaissance Checklist as Appendix will quickly review the readily available historical aerial photographs on htlps://www.historicaerials.com/ to develop a general understanding of the Site and its vicinity. After the meeting, A -Tech will start preparing the Phase I ESA as described in Section Ld. For this Phase I ESA we will conduct a site visit, perform an interview with the owner/tenant, subcontract EDR for database research, and generate the final tables and reports. A site visit checklist along with interview questionnaire will be completed and provided as an appendix to Phase I ESA report. EDR results will be presented as appendices to the report. The detailed cost estimate for the Phase I ESA of Halladay Property is provided in Table B of the sealed fee proposal envelope. A -Tech will compile all the findings in a Phase I ESA Report and provide all supporting documents as attachments. The report will provide recommendations for further assessments and environmental requirements of the project. For this project and due to the historical conditions of the Site, A -Tech assumes that the project is completed with a Phase I ESA and no further assessment is required. City Council 16 — 184 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 3. Schedule of Phase I ESA for Halladay Property # Activity Pre- Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Site Visit and Interview 1 1 Week 3 Database Review 1 1 Week 4 Report Preparation 1, 2, and 3 3 Weeks Total Duration 4 Weeks In case the City plans to conduct any renovation or construction at the subject property, a comprehensive hazardous material survey is needed according to regulatory requirements. Comprehensive Asbestos Assessment Page 34 August 1, 2022 Deliverables: ✓ Comprehensive Asbestos Report ✓ Comprehensive Lead Assessment Report This assessment will satisfy all the requirements of a pre -renovation assessment, in accordance with Cal - OSHA Rule Title 8 CCR 1529 and NESHAPISCAQMD Rule 1403, as it pertains to this project only. Our certified asbestos consultant or certified site surveillance technician (CAC or CSST) will conduct an inspection of all areas and bulk sampling of suspect asbestos -containing materials (ACM), utilizing AHERA sampling protocols. We will arrange for access to all locations. Our scope includes analysis of suspect ACM samples by a NVLAP accredited laboratory, utilizing Polarized Light Microscopy (PLM) with dispersion staining, in accordance with current regulatory requirements. Sample analysis is based on standard 5 Day Laboratory Analysis. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, friability evaluations and remedial recommendations. Comprehensive XRF-Lead Assessment A -Tech will also conduct an inspection of all locations and sampling of any suspect lead -containing materials (LCM) via XRF, chip sampling of painted surfaces or bulk sampling of ceramic/porcelain components by a CDPH Certified The detailed cost estimate for the Hazardous Material Inspector/Assessor or Sampling Technician, utilizing Cal- OSHA's and HUD sampling protocols. The analysis of suspect lead bulk samples will be performed by an AIHA accredited laboratory, utilizing Flame Atomic Absorption (AAS) and/or Total Threshold Limit Concentration (TTLC), in accordance with current regulatory requirements. Review of proposed renovation plans, if available. Additionally, we will review the proposed renovation plans, if available. Upon receipt of laboratory results, A -Tech prepares a report that includes sample locations, condition evaluations and abatement/stabilization recommendations. The following are typical suspect lead - containing materials found at this type of structure: Ceramic Tile, Painted Surfaces, and Porcelain Sinks & Toilets. City Council 16 — 185 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 4. Schedule of Hazardous Material Survey for Halladay Property # Activity Pre -Requisite Activity Duration 1 Fieldwork -- 1 Day 2 Laboratory Analyses 1 5 Days 3 Final Report 2 7 Days otal Duration 13 Days b. PROJECT #2: FORMER ARCO GAS STATION Page 35 August 1, 2022 It is our assumption that the City of Santa Ana is planning to purchase the subject property (Site) and utilize it for residential redevelopment. We researched the State Water Resources Control Board's Database of Environmental Records — GeoTracker, with the Site address to evaluate the Site and its surrounding conditions. A -Tech identified that the Site is a former Arco Gas Station #5147 with a closed cleanup case (GeoTracker Global ID of T0605900621). The Site obtained closure as of March 23, 2022, from the Santa Ana Regional Water Quality Control Board (Water Board). Since 2005 until closure in March 2022, numerous environmental investigations, remediations, and litigations were conducted related to release of petroleum products from historical gas station operations. A -Tech has reviewed these reports and provided a summary of the reports and regulatory activities in Table 5. For the purpose of this fee proposal and as it is described in the RFP, A -Tech assumes that the City of Santa Ana has retained services of A -Tech for 1) conducting a Phase I ESA of the property, 2) the Phase I ESA will lead to a Phase II ESA in connection with UST removal activities, and 3) a comprehensive hazardous material survey of gas station structures and the shops building. A Phase I ESA will be prepared in accordance with the updated ASTM 1527-21 and as described in Section Ld. The Phase I ESA for Deliverables: this project will be in accordance with the ✓ Phase I ESA Report Schedule of Halladay Property project as it is presented in Table 3. Because of the historical operations at the Site and the potential leakage from the USTs and gas station activities, it is more than likely that the Phase I ESA conclusion will warrant conducting a Phase II ESA for this property. The detailed cost estimate for the Phase I ESA of Former Arco Gas Station is provided in Table D of the sealed fee proposal envelope. City Council 16 — 186 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table S. Chronological List of Historical Events at the Former Arco Gas Station Page 36 August 1, 2022 Document Date Document Type Consultant/Agency Notes Dormancy status (redo... sampling f equ...y to semi-annual basis/ monitoring to only 3 wells) rejected due to: Elevated/Fluctuating Levels of Fuel Oxygenates present in perimeter, Wall BH-8 (adjaeent to western January 05 2005 Request for Dormancy Delta Environmental Consultants USTIOispe...r ). High concentrations of Benzene in Wall BH-2 (former UST.; Southeast boundary) not wall defined. Sampling frequency (reduced from quarterly to annually) of Wells BH 1,11,12,13,14, and 18. Sampling frequency (must remain quarterly) for wells BH-6, 10 and remainder of Wells Quarterly Update Report Report aubmittad January 27, 2005: January 27 2005 Submittal Delta Environmental Consultant. Verbiage for previous quarters update report was Incorrectly left in this repo:. Resubmitted February T, 2005 Work Plan for Additional Proposed Scope of We-: January 28 2005 Groundwater Delta Environmental Consultants Install anew monitoring well I ... tad ... [/southeast of the former UST., a 1v.... one soli boring BH-19 to a Assessment depth of 22 it bgs and place screen from 5 ft bgs to total depth Resubmittal correcting previous Quarterly Submittal (4th Quarter 20") Jan 30, 2005: February OT 2005 Quarterly Update Report Della Environmental Consultants Grou-i-st., monitoring ...ducted (no -purge sampling) D... mber 17, 20" Submittal Analyzed for THG-g, BTEX, MTBE. Groundwater was not collected for Wells ON. 1, 11 through 14, and 18 Workplan for Additional Water Board Approved: February 15 2005 Groundwater Santa Ana Water Board One additional groundwater monitoring will be installed (to delineate lateral extent of high benzene Assessment ,ntmtl... ) In well BH-2 (east-southeast of UST exeavatlon/adjaeent residential complex) Request to cancel additional work plan Implamant.U.. because the utility location and geophysical survey Request to Rescind ques ondu.t.d on April 21, 2005, concluded the proposed well could not be safely installed. It was requested that June 09 2005 AGroundwater Additional Della Environmental Consultants alternative site eharocterizallon melhotla to be consitlerea or requirement of additional assessment to be Assessment .gma.a Revised Work Plan for May 15 2006 Additional Ground Water Della Environmental Consultants Request to rescind from June 09, 2005 was denied through a phone call conversation on June 22, 2005 Assessment Location of BH-19 revised to avoid utility interference On July 3, 2006 the proposed location of BH-19 was adjusted because a 12-inch concrete piping was found in the proposed revised location, therefore the well location was moved 3 feet North August 17 2006 Off -Site Well Installation Delta Environmental Consultants No detectable concentrations of benzene, toluene, ethylb... e c, total xylenes, MTBE, TBA, DIPE, ETBE, TAME Status Report or ethanol were found for the soil collected from BH-19. Soil Sample BN-19-10 has no detectable concentrations of BTEX, MTBE or TBA but had TPH-g .....nation of 290 mg/kg Resolution No. 2009-0042 was ad.pt.d May 19, 2009 this resolution mandates that agencies reduce quarterly monitoring requirements to a semi-annual basis unless sit¢ specific needs warrant otherwise: July 28 2009 Staff Letter Santa Ana Water Board Based on evaluation Wall. BH 2 through 4, T through 9, and 15 through 17 may be reduced to semi-annual mpling schedule Proposed adv... ent and sampling of 3 boring samples (C3B-1 through 3) In the areas of former dispenser August 31 2011 Work Plan for Stratus Environmental, Inc. island, UST. and product lines. Co motion Soil Borings Samples will be analyzed for Gasoline Range Organics, BTEX, MTBE, DIPE, ETBE, TAME, TBA and ethanol Revised Workplan for Advancement. of proposed soil boring location of August 31, 2011 to a depth of 15 ft Bgs, approximately 5 it November 10 2011 Confirmation Soil Borings Stratus Environmental, Inc. into groundwater Approval of Revised Work Plan for Confirmation Soil Borings dated November 16 ,2011 where 3 soil borings be January 05 2012 Staff Letter Santa Ana Water Board advanced to approximately 15 feet bgs and samples eollaet,d from each borehole at 5-foot intervals Air monitoring conducted during exeavatlon activities during March 3, 2012 where the breaking and removal of April OB 2012 Rule 1166 Soil Monitoring Stratus Environmental, Inc. asphalt and excavation of pea gravel and soil was conducted. Report VOC concentrations were not detected during excavation activities First Quarter 2012 jApol 30, 2012): work performed this quarter. submitted in the Quarterly Monitoring Report, Fourth Quarter 2011 on January 30, April 30 2012 Quarterly Status Report Stratus Environmental, Inc. 2012. No groundwater.ample. ware collected. Implemented the Revised Work Plan for Confirmation Soil Borings, dated November 10, 2011, on March 15 and 16, 2012 Confirmation of four soil borings to 15 ft bgs (CSB 1 through 4) Elevated concentrations of petroleum hydrocarbons, including benzene, were detected in ne r surface soils in May 14 2012 Confirmation Soil Boring Stratus Environmental, Inc. areas corresponding to both the former tanks and western dispans¢r area. The highest concentrations of TPH-9, Report benzene, xylenes, TMBs and naphthalene were encountered in CB-1 (10 feet bgs; southeast corner of site). Residual hydrocarbons were detected to total depth at all four drill locations Be.etl on the results of the Confirmation Soil Boring Report, agency required air-sparge wells AS-1 and AS-2 to July 12 2012 Staff Letter Santa Ana Water Board be sampled during next groundwater event, and soil vapor survey and risk assessment to be completed to determine the potential vapor intrusion threat posed by shallow residual contamination Non-compliance, failing to respond to directive, which required that a soil vapor survey and risk assess m¢nt to February 28 2013 Staff Letter Santa Ana Water Board be performed to evaluate the potential threat to human health posed by the elevated residual petroleum hydrocarbons enc unt.red in soils during confirmation sampling. Response to Non -Compliance by Straus: The newly adopted [at the time] Low.Threat Closure policy stales evaluation of the potential petroleum vapor intrusion to indoor air is not required at active commercial March 29 2013 Workplan for Shallow Soil Stratus Environmental, Inc. petroleum fueling facilities, lithology of subject site indicated release characteristics do not pose a threat to Vapor Survey pen gency's request, prepare a human health. To res d to a t, however, Straus will Work Plan to conduct a risk ent and a shallow sell vapor survey In general accordance with the DTSC Advisory Work Plan Approved, but all hydrocarbon related compounds with established screening levels must be quantified to sufficiently low limits to allow for comparison against California Human Health Screening Levels May 23 2013 Staff Letter Santa Ana Water Board (CHHSL.). Due to the very close proximity of adjacent residential structures, the resulting site data must be valuated under both commercial and residential exposure scenario Responsibility of the Arco Site had transferred from Atlantic Richfield Company to Tesoro Refining and July 3 2013 Owner Letter Tesoro Refining & Marketing, LLC Marketing, LCC effective June 1, 2013 Workplan for Additional Two (2) hand -auger borings be advanced In the vicinity of the current and former waste ell lank, In order to April 30 2014 Site Assessment Stratus Environmental, Inc. collect more detailed information on subsurface conditions near this potential area of concern. Additional Site In order to assess the presence of petroleum hydrocarbons In the vicinity of the existing waste oil tank, two soil August 22 2014 Assessment Report Stratus Environmental, Inc. borings (HA-1 andHA-2) ware advanced and results were presented. Regional Board staff has determined this environmental cleanup case eligible for site closure. Groundwater October 30 2014 Determination of Santa Ana Water Board monitoring and sampling activities may be reduced to an annual frequency (performed 2nd Quarter) pending site Eligibility for Closure closure Work Plan to perform additional soil sampling associated with the removal of the underground storoge tanks Work Plan fo r Soil (USTs), waste oil tank, hydraulic hoist, fuel dispensers and product piping. May 7 2019 Borings and oil Stratus Environmental, Inc. Sampling of fourteen soil borings associated with USTs, waste oil tank, and hydraulic lifts and the collection of Piping Sampling oil samples along the product piping and fuel dispense - Destruction of eleven onsite groundwater monitoring wells (BN-1 through BN-4, BN-6, BN-8, and BN-13 through September 6 2019 Well Destruction Report Stratus Environmental, Inc. BH-11 antl two o site dual nested air-sparge wells (AS-1 and AS-2) The wells were removed to facilitate site tlemolition asset ated with the City of Santa Ana's street widening project Communications on October 8 and 21, 2019 and January T, 2020 between Regional Water Board staff and State Revised Review Water Boartl staff, the following scope was disco ... d and agreed upon: The Site meets LTCP criteria for current January 23 2020 Summary Report - State Water Resources Control relal land use, It Is reasonable to re-evaluate Site conditions against the Policy when the future property Concur with Closure Board us.has been determined, Responsible party should contact the Department of Water Resources to onfirm/verify the location of the supply well, supposedly located less than 500 feet east of the Site. Concurrence of Site Closure Recommendation Evaluated nearby water -supply walls and confirmed that the walls do not exist. No further groundwater sampling May 6 2020 8 Cancellation of Annual Stanlee Consulting Services Inc. of the six off -site street groundwater monitoring wells was needed Groundwater Sampling Notification of Case Based on available data, the gasoline contamination in soil and/or groundwater beneath the site appears to have May 4 2021 Closure Santa Ana Water Board been adequately d and mitigated and environmental ease closure may appropriate be a late at this time. qua y assess. ga Well Destruction Removal and/or abandonment of all walls and other site improvements related to the underground storage tank September 9 2021 Directive Santa Ana Water Board cleanup must be done before a final case closure summary The destruction of six off -Site groundwater monitoring well. (BH-T, BH-9 through BH-12, and BH-18) part ormea November 23 2021 Well Destruction Report Stantec Consulting Services Inc. November 8 through 10, 2022 Agency finds that the site investigation and corrective action carried out at the above-r.f.r.n..d UST site is in March 23 2022 Closure Letter and Final Santa Ana Water Board c mpliance with the requirements and with corrective action regulations set and that no further action related Case Summary to the petroleum releases(.) at the site is required. City Council 16 - 187 10/18/2022 40 A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Background, Proposed Scope of Phase H ESA Page 37 August 1, 2022 From review of the Site documents available on Deliverables: GeoTracker, A -Tech assumes that the Site ✓ Work Plan for Field Activities features include three 12,000 gallon, double- V Health & Safety Plan (HASP) walled, fiberglass gasoline USTs, one 500-gallon double walled, fiberglass waste oil UST, and their V Orange County Boring Permit Application ✓ Geophysical Survey associated hydraulic hoists dispensers and ✓ Field Daily Report associated product lines, and vent lines. The Site V Phase II ESA Report is a rectangle with approximate dimensions of 80 V Cost Proposal for Remediation Activities by 120 feet. Based on this information, A -Tech ✓ Cost Allocation and Responsible Parties is planning for two borings per 12,000-gallon 14( UST area, one boring for the 500-gallon UST area, and three borings at each 20 linear feet of piping. Historically, groundwater is encountered at approximately 10 feet bgs at or near the Site vicinity. The chemicals of potential concern (COPCs) at the Site include Total Petroleum Hydrocarbon (TPH), and Volatile Organic Compounds (VOCs). Due to potential use and storage of lead -containing gasoline, A -Tech also recommends Title 22 metals to be included as the COPCs. A total of ten (10) borings will be advanced using a hydraulic direct -push technology (DPT) drilling rig. The soil will be logged using the Unified Soil Classification System (USCS). Borings will be advanced to a maximum of 20 feet bgs and soil samples will be collected starting at 1.0 feet bgs and repeated at 5.0, 10.0, 15.0, and 20.0 bgs. Because of the shallow groundwater, samples will be collected in borings where groundwater is encountered using hydropunch valves. In addition, we will install soil vapor probes at 5.0 and 15.0 ft bgs at three selected borings and collect six soil vapor samples with summa canisters. The soil samples will be collected in acetate -lined sleeves capped with Teflon' tape and airtight plastic caps. The samples will be packed in ice and transported to a State -Certified laboratory for analysis, with proper Chain -of -Custody documentation. All work will be performed under the oversight of a state of California certified Professional Engineer. Field Quality Assurance/Quality Control (QA/QC) measures include collecting field duplicate samples, equipment blank at the end of the day, and one trip blank for sample transports. All discrete samples collected at 1.0, 5.0, and 10.0 feet bgs will be initially analyzed for VOCs by EPA Method 8260B, Title 22 metals by EPA Method 6010B, and TPH by EPA Method 8015. The soil vapor samples will be analyzed for VOCs using EPA Method TO-15. Groundwater samples will also be analyzed for the same COPCs. Samples at 15.0, and 20.0 feet bgs will be placed on hold for further analyses if initial shallow samples return at an elevated level. Work Plan and Pre -Field Activities A -Tech will conduct this Phase II ESA in accordance with procedures set forth in Section Ld of this proposal. A -Tech will prepare a work plan for the scope described above and in accordance with ASTM E1903-19. After review of the work plan by the City, it is submitted to the Water Board for approval before implementation. Additionally, a project -specific Health and Safety Plan (HASP) will be developed outlining the various hazards associated with the proposed scope of work. Because the borings will potentially reach to the groundwater, A -Tech will obtain a Well Construction, Well Destruction, Test and Exploratory Hole permit from the Orange County Health Care Agency. The permit processing City Council 16 — 188 10118/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Page 38 August 1, 2022 usually takes up to 10 business days, but we can expedite the process by paying the expedited fees, if needed. We will notify the Underground Service Alert (USA Dig Alert) at least 48 hours prior to any field mobilization, so utilities may mark their subsurface conduits on and adjacent to the Site. A geophysical survey will be conducted at the subject property to determine the location, if any, of subsurface utility conduits where soil borings will be advanced. The locations of the soil borings will be placed away from any subsurface conduits marked by USA or located by the private subsurface location company hired by A -Tech. The boring will be marked by white paint, visible for USA and the geophysical crew. A -Tech prepares the scope of the work that will be performed by subcontractors (drillers, geophysics, and laboratories) and requests three subcontractors to bid on. A -Tech recommends the most qualified subcontractor to the City for approval. A -Tech enters into a subcontract agreement with the selected contractor and requires the subcontractor to fulfill the insurance requirements of the City and A-Tech's stringent health and safety requirements. Work Plan Implementation Prior to starting the field work, the City and appropriate regulatory oversight agency will be notified in case inspection is required. A copy of the work plan and health and safety plan will be available on the field. All subcontractors will be required to follow health and safety requirements including their own and any requirements imposed by the City. Daily health and safety briefing will be performed prior to any field work. Daily progress reports will be sent to the City's designated project manager. The laboratory results will be on normal turnaround time, which is 5 days. Data Evaluation and Reporting Upon receipt of analytical data, A -Tech performs an evaluation and interpretation of the data in the context of the regulatory screening levels and guidance provided by the EPA, DTSC, and Santa Ana RWQCBs. The findings determine which of the following course of action is required: "No further action needed; in which case the report will request site closure; Additional investigation is needed to further delineate the extent of Chemicals of Potential Concern (COPCs); or Investigation is completed but remediation is required. " A -Tech prepares a draft report for review by the City and after addressing the comments, the report is suitable for submitting to the regulatory agencies. If further assessment is recommended or remediation is warranted, a cost proposal will be prepared and accompany the recommendations. Potential responsible parties (PRPs) for contamination will be determined and we will discuss viable options for incurring the cost from the PRPs. The detailed cost estimate for the Phase II ESA of Former Arco Gas Station is provided in Table E of the sealed fee proposal envelope. City Council 16 — 189 10/18/22 IV A -Tech Consulting, Inc. 0 Proposal for Various Environmental Services Table 6. Schedule of Phase I & II ESAs for Former Arco Gas Station Page 39 August 1, 2022 # Activity Pre -Requisite Activity Duration 1 Kickoff Meeting -- 1 Day 2 Phase I ESA 1 4 Week 3 Phase II ESA Work Plan & HASP 2 2 Week 4 Phase 11 ESA Permitting 2 10 Days 5 Phase II ESA Pre -Field Activities 1 1 Week 6 Phase II ESA Work Plan Implementation 3, 4, and 5 1 Day 7 Phase II ESA Laboratory Turnaround 6 5 Days 8 Phase II ESA Data Evaluation and Reporting 7 3 Weeks Total Duration from Phase I to Phase II ESA Completion 12 Weeks A -Tech will conduct a comprehensive asbestos and lead assessment of the building materials at Deliverables: the subject property. For the purposes of this ✓ Comprehensive Asbestos Report proposal, A -Tech assumes that there is a gas ✓ Comprehensive Lead Assessment Report station shop and its associated structures at the subject property. A-Tech's scope of services is similar of what is discussed for the Halladay Property and follows the exact schedule of events as described in Table 4. The detailed cost estimate for the Hazardous Material Survey of Former Arco Gas Station is provided in Table F of the sealed fee proposal envelope. City Council 16 — 190 10/18/22 IV A -Tech Consulting, Inc. EXHIBIT B City Council 16 — 191 10/18/2022 0 A -Tech Consulting, Inc. Mr. Kenny Nguyen Project Manager, City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 ORIGINAL Fee Proposal for RFP No. 22-090 Various Environmental Services Category I & II Dear Mr. Nguyen: August 1, 2022 As requested in the Request for Proposal (RFP) No 22-090, A -Tech provides this Fee proposal in accordance with the requirements of the RFP and the Sample Fee Proposal projects. Tables A through F summarizes our cost proposal for this project: ■ Table A.1: Schedule of Rates for Category I: Phase I & 11 ESAs ■ Table A.2: Schedule of Rates for Category II: Hazardous Material Surveys ■ Table B: Sample Cost Proposal for Phase I ESA of Halladay Property ■ Table C: Sample Cost Proposal for HazMat Survey of Halladay Property ■ Table D: Sample Cost Proposal for Phase I ESA of Former Arco Gas Station ■ Table E: Sample Cost Proposal for Phase 11 ESA of Former Arco Gas Station ■ Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station We believe that we provided the most competitive rates while delivering ultimate quality. The rates will be in effect for the duration of the contract. If you have any questions or require clarifications, please do not hesitate to contact us. Respectfully submitted, A -Tech Consulting, Inc. l psi Roohi Toosi, PE Director of Engineering Casandra Williams, CAC, DPH Chief Executive Officer City WY906 N. Batavia Street, Orange, CA 92867, &ne! �34) 434-6360 Website: wwww.ateec ii0ne..net Tables City Council 16 — 193 10/18LW22 qp A -Tech Consulting, Inc. Table A.1: Schedule of Rates for Category I: Phase I & II ESAs Job Classifications Personnel Rate Project Manager $200.00 Health & Safety Director $215.00 Risk Assessment Expert $180.00 Senior Engineer/ Geologist/ Scientist $140.00 Project Engineer/ Geologist/ Scientist $125.00 Staff Engineer/ Geologist/ Scientist $110.00 Field Technicians $105.00 CAD & GIS Technicians $100.00 Admin Support & Editor $80.00 City Council 16 - 194 10/18/2022 0 A -Tech Consulting, Inc. 0 -Tech Consulting, Inc. 2022 A -Tech Fee Schedule Disciplines Certified Industrial Hygienist (CIH) $215.00/Hour Professional Engineer $195.00/Hour Principal Hygienist $165.00/Hour Certified Environmental Infection Control Consultant (CEICC) $150.00/Hour Certified Indoor Environmental Consultant (CIEC) $150.00/Hour Environmental Project Manager $130.00/Hour Certified Asbestos Consultant (CAC) $130.00/Hour Certified Site Surveillance Technician $105.00/Hour CDPH Certified Project Monitor $105.00/Hour CDPH Certified Inspector/Assessor $105.00/Hour Trained Mold Inspector $105.00/Hour Trained Mold Project Monitor $105.00/Hour Report Preparation & Administrative $80.00/Hour Note: All the above rates are fully encumbered, unless otherwise specified. Shift Rates Clearances - (includes up to 4 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $625.00/visit Weeknight (6pm - 6am) $725.00/visit Saturday $725.00/visit Sunday $850.00/visit Emergency Response - Weeknight/Saturday $800.00/visit Emergency Response - Sunday $950.00/visit Project Monitoring - (includes up to 8 standard on -site PCM asbestos air samples) Weekday (Mon - Fri) $1,250.00/shift Saturday $1,400.00/shift Sunday $1,600.00/shift Note: All samples analyzed at a certified laboratory will be charged at the applicable per -sample rate. Report Rates: Procedure 5 Work Plan, Asbestos, Lead or Mold Scope of Work $950.00/report Asbestos or Lead Operation and Maintenance Plans $850.00/report Silica Exposure Control Plans $850.00/report Asbestos Samples Bulk - Polarized Light Microscopy Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $21.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (6 Hours) $30.00/sample Rush Turn -Around (3 Hours) $35.00/sample Bulk - Point Counting (PLM) 1,000 points Standard Turn -Around (5 Days) $120.00/sample Expedited Turn -Around (3 Days) $135.00/sample Accelerated Turn -Around (24 Hour) $180.00/sample Rush Turn -Around (3 Hours) $270.00/sample 2867 City Council 16 - 195 Phone (714) 434-636600 � M2- 6360 Page 1 of 3 Web Address: www.atechinc.net 0 A -T(? ch Consulting, Inc. 2021 General Fee Schedule Sample Analysis Air — Phase Contrast Microscopy (PCM)* Standard Turn -Around (5 Days) $15.00/sample Expedited Turn -Around (3 Days) $15.00/sample Accelerated Turn -Around (24 Hour) $15.00/sample Rush Turn -Around (3 Hours)* $20.00/sample * - Analysis available on site. Air — Transmission Electron Microscopy (TEM-AHERA) Standard Turn -Around (5 Days) $80.00/sample Expedited Turn -Around (3 Days) $100.00/sample Accelerated Turn -Around (24 Hour) $140.00/sample Surface — Wipe or Microvac — Quantitative (TEM-ASTM D5755) Standard Turn -Around (5 Days) $180.00/sample Expedited Turn -Around (3 Days) $200.00/sample Accelerated Turn -Around (24 Hour) $260.00/sample Rush Turn -Around (6 Hours) $320.00/sample Nuisance Dust Samples Air — Total Particulates (NIOSH 0500) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Air — Respirable Particulates (NIOSH 0600) Standard Turn -Around (5 Days) $28.00/sample Expedited Turn -Around (3 Days) $35.00/sample Accelerated Turn -Around (24 Hour) $38.00/sample Lead Samples Chip, Wipe, Air, Soil — Atomic Absorption Spectrometry (AAS) Standard Turn -Around (5 Days) $17.00/sample Expedited Turn -Around (3 Days) $20.00/sample Accelerated Turn -Around (24 Hour) $25.00/sample Rush Turn -Around (3 Hours) $70.00/sample Ceramic Tile Samples (TTLC) Standard Turn -Around (5 Days) $50.00/sample Expedited Turn -Around (3 Days) $58.00/sample Accelerated Turn -Around (24 Hour) $70.00/sample X-Ray Fluorescence (XRF) Analysis On -Site Analysis $475.00/day 2867 City Council 16 — 196 Phone (714) 434-636600 o � 6360 Page 2 of 3 Web Address: www.atechinc.net 0 -Tech Consulting, Inc. Mold and Bacteria Samples Non -Viable — Air — Spore & Pollen Identification (count/M3) Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Non -Viable — Surface (Tape -Lift, Swab/Bulk) — Qualitative Identification Standard Turn -Around (5 Days) Expedited Turn -Around (3 Days) Accelerated Turn -Around (24 Hour) Rush Turn -Around (3 Hours) Bacteria — Sewage Screen Swab — Qualitative Identification Expedited Turn -Around (48 Hour) Rush Turn -Around (28 Hour) Bacteria — Adenosine Triphosphate (ATP) Luminometer On -Site Analysis Environmental Soil Sample Analysis 2021 General Fee Schedule Sample Analysis $68.00/sample $78.00/sample $95.00/sample $115.00/sample $68.00/sample $78.00/sample $95.00/sample $115.00/sample $190.00/sample $230.00/sample $60.00/sample Method(s) Compounds 5-day TAT 3-day TAT 2-day TAT 1-day TAT 6010B/7471A Title 22 Metals $150 $202.50 $225 $300 8015B/5035 TPH gas $60 $81 $90 $120 8015B TPH diesel/oil $90 $122 $120 $135 8260B/5035 VOCs + ox s $142.50 $195 $215 $285 5035 Kit For Soil Sampling VOCs) $30 $30 $30 $30 8270C SIM PAHs $187.50 $255 $282 $375 8151A Herbicides $195 $265 $295 $390 8081A Or anochlorine Pesticides $150 $155 $170 $225 8141A Organophosphorus Pesticides $165 $225 $250 $330 2867 City Council 16 — 197 Phone (714) 434-636600 � M2 6360 Page 3 of 3 Web Address: www.atechinc.net Table B. Sample Cost Proposal for Phase I ESA of Holladay Property # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 12 $0.00 $2,280.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,200.00 $650.00 $3,810.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,200.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 20 1 26 8 Total Cost for Phase I ESA of Halladay Propertyl $3 810.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. City Council 16 — 198 10/18/2022 0 A -Tech Consulting, Inc. Table C: Sample Cwt Proposal for HazMat Survey of Halladay Property Site Visit and Report with XRF Analysis Asbestos Bulk Samples (PLM) $2,255.00/Visit X 1 $2,255.00 $15.00/Sample X 60 $900.00 Total $3,155.00 City Council 16 — 199 10/18/2022 OW A -Tech Consulting, Inc. Table D. Sample Cost Proposal for Phase 1 ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CHI Senior Level Staff Project Level Staff Staff Level Expenses�l� Cost per Task Rate (hr) $200.00 $215.00 $140.00 $125.00 $110.00 Number of Hours/Subtotal 1 1. Phase I Environmental Site Assessment 2 Record Research and Review/Reporting 2 0 4 0 16 $0.00 $2,720.00 3 Database Search and Radius Map Reports 0 0 0 0 2 $650.00 $870.00 4 Site Reconnaissance and Interviews 0 0 0 0 6 $0.00 $660.00 5 Subtotal $400.00 $0.00 $560.00 $0.00 $2,640.00 $650.00 $4,250.00 6 Total Billed Per Classification for One Phase I ESA $400.00 $0.00 $560.00 $0.00 $2,640.00 - 7 Total Number of Hours for Phase I ESA 1 2 1 0 1 4 1 0 1 24 1 30 8 Total Cost for Phase I ESA of Halladay Property $4 250.00 Notes: 1) Expenses refer to Database Search and Radius Map Reports that will be subcontracted. City Council 16 — 200 10/18/2022 A -Tech Consulting. Inc. Table E: Sample Cost Proposal for Phase II ESA of Former Arco Gas Station # Task/Activities Personnel Project Manager CIH Senior Level Staff Project Level Staff Staff Level Field Technician CAD/GIS Tech Expenses(l) Cost per Task Rate (hr) $200.00 $215.00 $140.00 1 $125.00 $110.00 $105.00 $100.00 Unit Rate Quantity Cost Number of Hours/Subtotal 1 Task 1- Work Plan, HASP, and Agency Notifications 2 Work Plan and HASP Preparation 1.0 1.0 2.0 0 12 0 4 $2,415.00 3 Subtotal $200.00 $215.00 $280.00 $0.00 $1,320.00 $0.00 $400.00 $2,415.00 4 Task 2 - Field Oversight and Sampling 5 USTRemoval Oversight 2 0 0 0 0 10 0 $1,450.00 6 Lab Cost(2) (TPH, Metals, and VOCs assuming 30 samples) 1 $12,500.00 $12,500.00 7 Geophysics 1 $700.00 $700.00 8 Drillers Cost 1 $3,500.00 $3,500.00 9 Subtotal $400.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $0.00 $18,150.00 10 Task 3 - Report Preparation 11 Report Preparation and Data Evaluation 1 1 8 0 24 0 0 $4,175.00 12 Subtotal $200.00 $215.00 $1,120.00 $0.00 $2,640.00 $0.00 $0.00 $4,175.00 13 Total Labor Cost $800.00 $430.00 $1,400.00 $0.00 $3,960.00 $1,050.00 $400.00 $8,040.00 14 Total Number of Hours 4 2 10 0 36 10 4 66 1s Total Expenses $16,700.00 16 Total Project Cost r$24,740.00 Notes: 1) Expenses refer to subcontractor costs, laboratory analysis, equipment, materials, and other project related direct costs. 2) For lab cost A -Tech assumed that initially total of 30 samples (1-, 5-, and 10-foot samples from 10 borings) will be analyzed for Metals, TPH, and VOCs as described in the proposal. The unit cost of these analyses is provided in Table A.2 City Council 16-201 10/18/2022 0 A -Tech Consulting, Inc. Table F: Sample Cost Proposal for HazMat Survey of Former Arco Gas Station Item Price Qty Line Tota Site Visit & Report with XRF Analysis $2,255,00/Visit X 1 $2,255.00 Asbestos Bulk Samples (PLM) $15.00/Sample X 50 $750.00 Total $3,005.00 City Council 16 — 202 10/18/2022 A -Tech Consulting, Inc. AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Dudek, ("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 June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. 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 On an as -needed basis, and at the City's sole discretion, 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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. City Council 16 — 203 10/18/2022 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. City Council 16 — 204 10/18/2022 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 16 — 205 10/18/2022 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 4. City Council 16 — 206 10/18/2022 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 16 — 207 10/18/2022 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 is not embodied herein. City Council 16 — 208 10/18/2022 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 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 City Council 16 — 209 10/18/2022 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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: Nabil Saba 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: Joe Monaco, President Dudek 605 Third Street Encinitas, CA 92024 Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these City Council 16 — 210 10/18/2022 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: FDocu Signed by: ,bSt L 4tiLbin aCO Joe Monaco President 91 City Council 16 — 211 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 ,4coRo° CERTIFICATE OF LIABILITY INSURANCE �� 8/28/2023 DATE (MM/DD/YYYY) 8/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 PHONE FAX Ext : A/C No E-MAIL ADDRESS: kctsu@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED DUDEK 1475107 605 THIRD STREET INSURER B : American Guarantee and Liab. Ins. Co. 26247 INSURER C : Continental Casualty Compmy 20443 INSURER D : ENCINITAS CA 92024 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 16765248 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP W MM/DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y GL00146311 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1000 000 A AGE To ENTEA PREM SES Ea occu ante $ 100 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �X JECOT- �X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP0146329 8/28/2022 8/28/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ XXXXXXX B X UMBRELLA LIAB X OCCUR N Y AUC0146407 8/28/2022 8/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1000 000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXxxXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A Y WC0146330 8/28/2022 8/28/2023 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL N N EEH591932835 INCL POLL 8/28/2022 8/28/2023 PER CLAIM $1,000,000 LIABILITY AGGREGATE $2,000,000 INCLUDES POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE ON A PRIMARY, NON-CONTRIBUTORY BASIS, AS REQUIRED BY WRITTEN CONRACT WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON WORK COMP, GENERAL, AUTO AND UMBRELLA LIABILITY COVERAGE, AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION See Attachments 16765248 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92702 AUTHORIZED REPRESENTATIV . I,ILy �,UUI IL ll I rJ — 4 I!© 1988C�015 ACORD CORPdFWl?15W'All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D88FAl02-MA54F89-131327-3941CF5F6548 Attachment Code: D574648 Certificate ID: 16765248 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer I Add'1 Prem. Return Prem. GL00146311 8/28/2022 1 8/28/2023 8/28/2023 1 37385000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. City Council 16 — 213 10/18/2022 U-GL-925-B CW (12/01) Page 1 of 1 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 Additional Insured — Owners, Lessees Or 0 Contractors — Scheduled Person Or Organization 2 U RI C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO146311 Effective Date: 8/28/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION ARE REQUIRED ALL TO PROVIDE ADDITIONAL INSURED STATUS IN LOCATIONS A WRITTEN CONTRACT, AGREEMENT OR PERMIT. U-GL-2169-A CW (02/19) Page 1 of 2 City Council 16 — 214 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574649 Certificate ID: 16765248 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 l u es copy ig i u c 1 e, nc., wi i s permission City Counc10/1 8/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574650 Certificate ID: 16765248 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WC0146330 Dudek 8/28/20228/28/2023 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. WC 00 03 13 �Ed. 4-84) 1983 Nation "nC8vi?ogensation Insurance. 16 - 216 10/18/2022 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 4CtR'OounCll © Insurance Services O@GeO6q , 2011 10/18/20fte 1 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4�i0' 1 ounCll © Insurance Services O ice,�nc8., 2011 10/18/20Page 2 of 2 DocuSign Envelope ID: D88FA102-A4A5-4F89-BB27-3941CF5F6548 Attachment Code: D574651 Certificate ID: 16765248 POLICY NUMBER: BAP0146329 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: DUDEK Endorsement Effective Date: 8/28/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT, AGREEMENT OR PERMIT WITH THE NAMED INSURED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 4 1 ounCll © Insurance Services 6h e,4AP, 2011 10/18/2�ge 1 of 1 EXHIBIT A SCOPE OF SERVICES City Council 16 — 220 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 221 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana P 20 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana .I§P 4211yBo 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana lwe 2z *O 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana P 4�'5v0 10/18/2022 Page A1- The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city of Santa Ana f,6H �c U 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city of Santa Ana fj rH ��U 10/18/2022 Page Al-6 IP7 TECHNICAL PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Calle Arroyo/ San Juan Capistrano, California 92675 DUDE Cover Letter July 26, 2022 Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Subject: Various Environmental Services Dear Mr. Nguyen, The City of Santa Ana (City) requires a qualified environmental consulting firm to provide Environmental Site Assessments (ESAs) and Hazardous Material Surveys for a variety of Capital Improvement Projects. Dudek is well versed in the scope of services included in the Request for Proposal (RFP) and has extensive experience providing on -call consulting services to clients, including municipalities, that are acquiring, redeveloping, and/or responsible for contaminated and potentially contaminated properties. Firm Overview. Founded in Encinitas, California in 1980, Dudek is an employee -owned environmental and consulting firm. We assist public and private clients on a broad range of projects to improve California's communities, infrastructure, and natural environment. From evaluation, planning, and permitting through construction, we help move projects forward through the complexities of regulatory compliance, budgetary and schedule constraints, and varying stakeholder interests. Our trained professionals find practical, cost-effective approaches to help you achieve your specific goals. We work to build your trust and confidence in our team, which allows us to offer efficient and effective solutions for the long-term success of your projects. Susan Smith, PG Contract Manager ssmith@dudek.com 951.300.1085 Office: San Juan Capistrano 27372 Calle Arroyo San Juan Capistrano, California 92675 As a mid -sized firm with more than 700 employees, we combine the personal service of our project managers who stay with your project from start to finish, with a breadth and depth of capabilities to meet project requirements. Our project managers are empowered to be problem -solvers with the ability to make decisions in a timely fashion to keep the project moving forward. We are proud of our low employee turnover; our staff's long tenure means that the project manager you see at the bidding stage will likely be with you at project completion. Dudek has a reputation for consistently delivering high -quality projects on time and within budget. With more than 180 on -call contracts throughout the state that provide as -needed environmental engineering, planning, and permitting services, we understand the importance of organization and clear communication. From large water agencies to regional municipalities, we will draw upon decades of experience in managing multiple task orders to ensure all City requests are handled efficiently and cost Various � ir&QrtiiWbl Services 16 — 229 10/18/2022 DUDEK effectively. We rise to the challenges of meeting tight timelines, and in doing so, have developed an expertise in critical path management, fast -track scheduling, efficient staffing, and workload management. Dudek's Capabilities. The Dudek team has diverse expertise and experience to conduct the requested services for the City. We have conducted hundreds of ESAs, performed numerous site investigations, and have worked closely for many years with our subconsultant, Aurora Industrial Hygiene (Aurora), on projects involving Hazardous Material Surveys. We evaluate and manage hazardous materials and wastes from a variety of sites, including facilities contaminated with metals, chlorinated solvents, perchlorate, fuel hydrocarbons, perand poly-fluoroalkyl substances, and pesticides. Our scientists and planners evaluate potential risks for current and future land uses. We conduct various studies, including those used to obtain risk -based closure for hazardous waste sites, or to support change -of -use applications, including industrial, commercial, and residential projects. Dudek is characterized by the following strengths, which we will bring to this project: We are proactive. We stay ahead of the curve to avoid surprises from regulatory agencies and stakeholders, or from various issues that may arise during the environmental process. We provide strategic counsel. We draw upon our wealth of experience to advise on environmental issues that may impact cost, schedule, stakeholders and the public, or legal defensibility. We work for you. We make sure our clients are always the first to know information so we can discuss roll -out strategies in advance while respecting required legal notifications. We are strong client advocates who have maintained excellent relationships and reputations with regulatory agencies. Diverse Team of Technical Experts with Experience in Each Aspect of the Scope of Work. The Dudek team includes a deep bench of credentialed environmental engineers, geologists, and hydrogeologists , who have local knowledge and experience.The Aurora team includes experienced and skilled technical staff, including Certified Asbestos and Lead Consultants, California Department of Public Health inspector/risk assessors, Certified Safety Professionals, Certified Microbial Consultants, and professional engineers. Dudek is also proposing the use of trusted subcontractors, such as a geophysical surveyor, drillers, and analytical laboratories to fulfill the scope of work. Our proposal highlights the qualifications and experience of the Dudek team to successfully assist the City and provides client references who can attest to the quality of Dudek's work. We are excited by the opportunity to work with the City of Santa Ana. Our team is ready to serve. Sincerely, Jo onaco President Joseph Monaco is authorized to sign on behalf of Dudek. Contract Manager Various i irZ5�r4'iPAI Services 16 — 230 10/18/2022 Table of Contents SECTIONS Cover Letter Contract Agreement Statement.........................................................................................................................iv Firmand Team Experience............................................................................................................................... 1 Understandingof Need...................................................................................................................................... 6 Relevant Project Experience and References.................................................................................................. 7 Scope of Services and Schedule..................................................................................................................... 12 TABLES 1 Key Staff Percentage of Time Devoted to Project................................................................................ 5 2 Project Specific Experience.................................................................................................................11 3 Project Timeline................................................................................................................................... 16 FIGURE 1 Dudek Team Organization.................................................................................................................... 2 APPENDICES A Resumes B Certifications Various Milrl Services — iii Contract Agreement Statement 1. Regarding Section 3 of the agreement, Dudek respectfully requests the ability to request annual rate increases in line with applicable CPI. 2. Dudek respectfully requests the following be added to the end of Section 7 of the agreement: "Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of the City, provided, however, the Consultant shall be responsible for the City's defense costs to the extent such costs are incurred as a result of the Consultant's negligence, recklessness, or willful misconduct." Various Milrl Services — iv Firm and Team Experience The Dudek Advantage At Dudek, we understand that successful reuse/redevelopment of contaminated property requires a team of engineering, geology, and hydrogeology professionals who understand local, state, and federal regulations and are skilled in navigating the nuances of regulatory agencies. We have extensive experience conducting environmental site assessments (ESAs) and investigations, as well as evaluating and implementing remedial alternatives that are appropriate, applicable, and cost-effective. DIVERSE CAPABILITIES AND QUALIFIED STAFF Environmental Site Assessments Dudek geologists, environmental engineers, and scientists have conducted hundreds of Phase I ESAs in accordance with the appropriate ASTM Standard and other applicable regulatory, lender, and client -specific requirements. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. Dudek engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development/redevelopment, land use risk assessments, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. We prepare site -specific risk assessments to evaluate potential Dudek ■ Phase I and Phase 11 ESAs ■ Air, soil, soil vapor, and groundwater sampling ■ Remediation feasibility/ cost analysis ■ Soil, soil vapor, and groundwater remediation ■ Hazardous materials and waste classification and disposal ■ Hazardous Waste Facility permitting ■ Hazardous Materials Business Plans ■ Regulatory agency coordination ■ Spill, Prevention, Control, and Countermeasures Plans Aurora Industrial Hygiene ■ Industrial hygiene ■ Lead and asbestos management ■ Safety and risk management ■ Indoor air quality risks for current and future land use. These studies may be used to obtain risk -based closure for contaminated sites or to support change -of -use applications, such as from industrial to commercial or residential Hazardous Materials Surveys Aurora Industrial Hygiene (Aurora) will perform services related to hazardous materials building surveys. Aurora is a small, woman -owned business enterprise that provides the highest quality industrial hygiene and safety services. Their small size ensures that a Certified Industrial Hygienist will manage all projects, and all field work will be conducted by experienced field -level industrial hygienists who are certified by the State of California as Asbestos Consultants or Site Surveillance Technicians and Lead Inspector/Risk Assessors and Project Monitors. Aurora's staff is specialized in the fields of industrial hygiene, environmental testing, safety, asbestos, lead -based paint, mold inspection and management, indoor air quality, construction safety, OSHA compliance auditing, and training. Various � irg%Wbl Services 16 — 233 10/18/2022 DUDEK Project Team The Dudek and Aurora team will provide the City of Santa Ana (City) with the appropriate skills and experience necessary for the services outlined in the Request for Proposal (RFP). We will be supported by subconsultants and subcontractors who are well -regarded and accomplished in their respective disciplines and bring local, relevant experience. Dudek will serve as prime consultant and be contractually responsible for overall management, quality, and delivery of final products. Figure 1 illustrates the project organization and responsibilities of the Dudek team. Brief biographies for key personnel follow. Focused resumes are provided in Appendix A. Figure 1. Dudek Team Organization CATEGORYI Phase I ESA Audrey Herschberger, PE CONTRACT MANAGEMENT Contract Manager Principal In Charge Susan Smith, PG Glenna McMahon, PE KEY LEADERS: CATEGORYI CATEGORY II Phase II ESA Nicole Peacock, PE, PG, CHG SUBCONTRACTORS Hazardous Materials Surveys Grace Rinck, CIH' Hazardous Waste Utility Clearance/ Drilling Laboratories Management/Disposal Geophysical Surveys BC2 Environmental Eurofins Calscience Belshire ULS Services Inc. Millennium Jones Environmental Land Surveyor Environmental Eurofins EMLab P&K2 Calvada LA Testing' 1 Aurora Industrial Hygiene 2 Category Il Laboratory Various �UrRRriiOAI Services 16 — 234 10/18/2022 2 DUDEK KEY PERSONNEL Contract Manager Susan Smith has 20 years' experience in environmental consulting and project management. Her experience is diverse in nature and covers much of the environmental project spectrum, from Phase I ESAs to litigation support for Potentially Responsible Party designation rebuttal. Her project experience includes oil field remediation, gas station investigation and remediation, soil sampling, soil vapor sampling, groundwater sampling, asbestos surveys, lead -based paint surveys and abatement, litigation support investigations, quality assurance and quality control reviews, as well as a large-scale plume characterization study for a former refinery. Representative Project Experience DUDEK Education California State University, Fullerton BS, Geological Sciences Certifications PG, CA No. 9176 OSHA 40—Hour HAZWOPER OSHA Site Supervisor Health & Safety Training RCRA and DOT Hazardous Waste Handler Training First Aid + CPR ■ Project Manager: Commercial Property Phase II ESA, Banning, California ■ Project Manager: Veteran's Resource Center Phase II ESA, Norco, California ■ Project Geologist: Phase I and Limited Phase II ESA, Santa Monica, California Principal in Charge Glenna McMahon has 22 years' environmental consulting and project management experience. She focuses on environmental engineering and hydrogeology, specifically hazardous waste investigation, monitoring and remediation, as well as litigation support. Her project experience includes ESAs; soil, soil vapor, and groundwater sampling and data evaluation; health risk assessments; evaluation, design, and implementation of remedial alternatives; environmental compliance; and third -party evaluation of remediation expenditures. Ms. McMahon manages several projects that involve state or local regulatory oversight Representative Project Experience Education University of Vermont BS, Civil and Environmental Engineering Certifications PE, CA No. 79742 CEM, NV No. 1974 OSHA 40-Hour HAZWOPER OSHA Site Supervisor RCRA and DOT Hazardous Waste Manager Certification Project Manager: Former Manufacturing Facility, Groundwater Monitoring and Remediation, Stockton, California Project Manager: Sewer Force Main Replacement, Site Assessment, Investigation and Hazardous Materials Contingency Plan, City of Chula Vista, California Project Manager: San Diego State University West, Hazardous Materials Evaluation and Survey, San Diego, California Various ifhrgrQM@Ribl Services 16 — 235 10/18/2022 3 Phase I ESA Lead Audrey Herschberger is a professional environmental engineer with 14 years' experience in environmental consulting, specializing in regulatory compliance, including stormwater permitting in Oregon, Washington, and California, and federal Spill Prevention, Control, and Countermeasure Plans. Ms. Herschberger's experience includes Phase I ESAs under ASTM E1527-13 and -21; Phase II ESAs underASTM E1903-19; hazards and hazardous material analysis under the California Environmental Quality Act (CEQA); management of small to mid -size environmental sampling, stormwater treatment, and permit compliance projects; and hazardous material management and abatement projects. Representative Project Experience Project Engineer: California Department of Transportation Initial Site Assessments, City of La Canada Flintridge, California Project Engineer: Phase I ESA Peer Review, Phase I ESA and Phase 11 ESA, City of Oxnard, California DUDEK Education Oregon State University BS, Chemical Engineering Certifications PE, OR No. 80505PE 40-Hour HAZWOPER Certification 8-Hour HAZWOPER Refresher 10-Hour OSHA Construction Standards First Aid/CPR Certification Hazardous Waste Basics, Managing Common Wastes Oregon Department of Environmental Quality Professional Affiliations AWMA Pacific Northwest International Section Project Engineer: Hazards and Hazardous Materials Assessment, Orange County Sanitation District, Orange County, California Phase II ESA Lead Nicole Peacock is an environmental engineer and geologist with 23 years' experience. Ms. Peacock performs numerous tasks dealing with hazardous waste investigation and remediation projects, including soil, soil vapor, and groundwater investigation and remediation and litigation support and cost allocation among potentially responsible parties for hazardous waste sites. She also provides services for Phase I and II ESAs, school site assessments, landfill monitoring, environmental compliance, and community relations. Representative Project Experience Education University of California, Los Angeles BS, Civil and Environmental Engineering/Geology Certifications PE, CA No. 68775 PG, CA No. 8553 CHG, CA No. 940 ■ Project Manager: City of Monterey On -Call, Monterey, California ■ Project Manager: City of Orange Phase II ESA, Orange, California ■ Project Manager: City of Hermosa Beach Corrective Action Plan, Hermosa Beach, California Various �UrRRriiOAI Services 16 — 236 10/18/2022 4 DUDEK Staff Availability Table 1. Key Staff Percentage of Time Devoted to Project Susan Smith -. -Hours Contract Manager Hours Glenna McMahon Principal in Charge Audrey Herschberger Phase I ESA Lead Nicole Peacock Phase II ESA Lead 71 ii Grace Rink' Hazardous Materials Surveys Lead Aurora Industrial Hygiene Various MiDNOMIServices 5 Understanding of Need Category I: Environmental Site Assessments and Investigation Successful reuse/redevelopment of contaminated property requires a team of engineering, geology, hydrogeology, and chemistry professionals; an understanding of local, state, and federal regulations; and familiarity with the nuances of regulatory agencies. Our experts evaluate and manage all aspects of environmental due diligence, cost —benefit analysis, data collection, risk assessment, remediation, and environmental program management. We evaluate and implement remedial alternatives that are cost- effective, time -sensitive, and consider all aspects of risk. We have successfully performed investigation and remediation on commercial and industrial properties, including manufacturing facilities, dry cleaners, automotive shops, oil fields, schools, universities, agricultural sites, hotels, casinos, and renewable energy facilities, as well as residential project sites. Our professionals have conducted hundreds of Phase I ESAs in accordance with the appropriate and applicable ASTM standard. We are thorough in our research to determine recognized environmental conditions (RECs) and/or environmental concerns that can impact the cost, risk, and schedule of a project. We are often asked to evaluate items beyond the ASTM scope for Phase I ESAs, including existing conditions related to hazardous building materials and mold as well as providing information regarding radon, oil and gas wells, and methane zones. Dudek environmental engineers and geologists expertly design and implement Phase II ESAs to collect a comprehensive data set for use in planning, site development, and/or remediation, as well as to satisfy regulatory requirements. We understand that most projects are subject to schedule and/or budgetary constraints, and we take those into consideration when specifying data objectives. Dudek scientists prepare site -specific risk assessments to evaluate potential risks for current and future land use. These studies may be used to obtain risk -based closure for open hazardous waste sites or to support change -of -use applications, such as from industrial to commercial or residential. While not a part of the requested services for this RFP, Dudek also prepares and performs groundwater modeling, remedial investigation/feasibility studies, remediation, soil management plans, hazardous materials contingency plans, as well as hazardous waste facility permits. This additional experience gives us the foundation to better understand and evaluate data and anticipate future project needs. Dudek understands the importance of quality assurance/quality control (QA/QC). Our QA/QC program consists of senior staff oversight and administrative management. All project deliverables will be independently checked and cross-checked to ensure that the data are accurately represented in each report. We will ensure that all project -related correspondence and project files are maintained and named in accordance with City requirements. Category II: Hazardous Materials Surveys Aurora provides comprehensive asbestos and lead management services that take projects from initial inspection through abatement and clearance testing. Aurora's team consists of Certified Industrial Hygienists, Department of Public Health -Certified Lead Inspectors, Asbestos Consultants, risk assessors, project monitors and designers, and Asbestos Hazard Emergency Response Act asbestos specialists who provide asbestos and lead risk management services as well as other hazardous materials building surveys. Various �UrRrQrtiiRAI Services 16 — 238 10/18/2022 6 Relevant Project Experience and References Category I Project Experience Client: City of Anaheim Project Location: Anaheim, California Project Dates: 2021 Client Reference: Jonathan Sanks, jsanks@anaheim.net, 714.765.4117 Key Personnel: Susan Smith Dudek performed an oil spill assessment at a commercial property in Anaheim. A pad -mounted transformer was vandalized, which resulted in the release of transformer oil to asphalt and earthen surfaces. The release was not considered to be an Environmental Protection Agency -regulated Polychlorinated biphenyl (PCB) spill cleanup given that the concentration of PCBs in the transformer oil was below Toxic Substances Control Act criteria. The investigation consisted of sampling asphalt and soil samples within the spill area to determine the extent of the spill and identify additional areas of impact. Concentrations of PCBs detected were well below regulatory screening levels; no additional investigation was recommended. Client: City of Monterey Project Location: Monterey, California Project Dates: 2016-2022 Client Reference: Antonio Hernandez, ahernandez@monterey.org, 831.646.3923 Key Personnel: Nicole Peacock, Susan Smith Dudek has two on -call contracts with the City of Monterey; one for planning (since 2016) and one for hazardous materials (since 2019). Our environmental and planning services contract has completed 25 work orders for the Planning and Engineering offices. Our hazardous materials contract has included hazardous materials consulting for a utilities project and waste management consulting for several projects. For the utilities project, Dudek assisted the City with preparation of a Soil and Groundwater Management Plan (Plan). The City submitted the Plan to potential construction bidders on the Franklin Street Utilities Project to ensure that the construction work and environmental work were aligned. Dudek reviewed the construction plans to identify potential environmental concerns based on the depth and location of the proposed trenching. Dudek collected soil samples from potholes along the proposed trench alignment, coordinated with disposal facilities, and provided the City with a map identifying the planned disposal facility by station. Dudek also collected groundwater samples to assist with waste management during dewatering. Various �UrRRriiOAI Services 16 — 239 10/18/2022 7 DUDEK Client: City of Santa Monica Project Location: Santa Monica, California Project Dates: 2017-2019 Client Reference: Rachel Kwok, rachel.kwok@santamonica.gov, 310.458.8341 Key Personnel: Glenna McMahon, Susan Smith Dudek prepared a Phase I ESA for the 15.5-acre Santa Monica City Yard property as part of the due diligence process for the Environmental Impact Report (EIR). The project involved proposed reconstruction of the Santa Monica City Yards, which included demolition of existing buildings, excavation activities, and construction of new buildings. The Phase I ESA identified RECs associated with groundwater impacts from an adjacent gas station and potential presence of tetrachloroethylene in deep groundwater from a regional plume. The Phase I ESA also identified a controlled REC (i.e., the presence of a former landfill on the subject property) and a historical REC (i.e., former underground storage tank [UST] releases). The report was prepared in accordance with ASTM Standard and the All Appropriate Inquiries Rule. Dudek conducted a Phase II ESA for the project to evaluate the RECs identified in a Phase I ESA. The Phase 11 ESA investigation was focused on the former aircraft/missile manufacturing and leaking UST areas; additional sample points were advanced near the perimeter of the property to evaluate potential impacts from the regional groundwater plume. The Phase II ESA investigation consisted of a geophysical survey, and soil and soil vapor sample collection and analysis. Soil samples were analyzed for metals and soil vapor samples were analyzed for gasoline range organics and volatile organic compounds (VOCs). Client: City of Chula Vista Project Location: Chula Vista, California Project Dates: 2017-2020 Client Reference: Alan Reyes, areyes@chulavistaca.gov 619.407.3588 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek evaluated a Public Works project for Conditional Exemption for the CEQA process. Dudek conducted an ESA and subsequent Phase I I ESA (groundwater and soil investigation) to determine the extent of impacts to the project area from adjacent contaminated sites. Following the evaluation of the data collected during the Phase II ESA, Dudek prepared a Hazardous Materials Contingency Plan (HMCP) detailing known impacts and outlining plans for management of contaminated materials during construction process. Dudek also assisted the City with determining a process for obtaining a dewatering permit. Dudek recently conducted a new Phase I ESA and revised the HMCP for the expanded project area. Dudek is scheduled to conduct monitoring for the City during the construction process. Various �hrZS�riiPAI Services 16 — 240 10/18/2022 8 DUDEK Category I and II Joint Relevant Project Experience Client: San Diego State University Project Location: City of San Diego Project Dates: 2018-2020 Client Reference- Michael P. Masterson, Gatzke Dillon Balance, mmasterson@gdandb.com 760.431.9501 Key Personnel: Glenna McMahon, Audrey Herschberger Dudek completed work for the San Diego State University (SDSU) Mission Valley Campus Master Plan, which included preparation of the CEQA hazards and hazardous materials evaluation and demolition of Qualcomm Stadium for future construction of a new stadium, student housing, campus/office buildings, a park, and trolley transit center. The hazards and hazardous materials impact analysis was multifaceted and included the following: ■ Evaluation of regulatory records for on -site and surrounding hazardous material releases ■ Review of the use of explosives for demolition of the existing stadium ■ Review and analysis of a release and cleanup action occurring on the project site due to the adjoining Kinder Morgan Mission Valley Terminal (MVT) ■ Analysis of potential impacts associated with MVT petroleum pipelines transecting the project site. Mitigation required safety measures and cooperation with Kinder Morgan ■ Review and analysis of the active Cleanup and Abatement Order issued to MVT which required monitoring wells to remain on the project site in active working order. Mitigation required a well decommissioning/protection plan ■ Analysis of potential vapor intrusion due to on -site contamination and mitigation for future residential site use ■ Coordination and management of a hazardous materials survey, which was conducted by Dudek's subcontractor Aurora. ■ The survey was conducted based on Dudek's findings in the EIR and recommended mitigation. Dudek served as project manager and provided a direct line of communication between Aurora and SDSU and its contractor, reviewed the hazardous material surveys and work products, coordinated on -site activities, and ensured the work completed would meet the requirements set forth in the EIR mitigation. Aurora also prepared specifications for abatement of the hazardous materials Various Milrl Services 9 DUDEK Category II Relevant Project Experience Client: Housing Authority City of Los Angeles Project Location: Public Housing Residential Properties Project Dates: 2002—Ongoing Client Reference: Eric Tellez, eric.tellez@hacla.org, 213.252.4290 Key Personnel: Grace Rinck, Matthew Froehlich, Robert Rinck Since 2002, Aurora has been under contract with the Housing Authority City of Los Angeles. In the time, they have written specifications and work plans; conducted industrial hygiene investigations from noise, metals, and silica monitoring to indoor air quality and asbestos and lead; and provided training to over 600 employees at the different residential campuses. They have conducted full residential interior and exterior inspections with subsequent air monitoring and clearance sampling. In 2017, Aurora personnel conducted an exterior inspection of 62 multi -residential buildings located at the Pueblo Del Rio campus. Aurora personnel then wrote the specification and produced the work plan for the one-year asbestos and lead window remediation project. The project (September 2016—November 2017) required asbestos and lead air monitoring, visual and surface clearances, and delivery of samples to the laboratory. Lead surface results were rushed and reported to the client on a daily basis so that residents could return to their units within one workday. In 2021-2022, Aurora conducted asbestos/lead testing at 1066 Units at the Nickerson Gardens campus. Client: Los Angeles County Department of Public Works/Internal Services Department Project Location: 900 South Fremont Avenue, Alhambra, California Project Dates: 2002—Ongoing Client Reference: Luana Enriquez, lnriquez@dpw.lacounty.gov1626.458.5943 Key Personnel: Grace Rinck, Gloria Chan, Matthew Froehlich, Robert Rinck Since 2002, Aurora has provided as -needed environmental testing and consulting services, documentation and training, and abatement oversight. The contract is through Los Angeles County Internal Services Department but can be and is utilized by other departments, including the Department of Public Works and the Department of Health Services. In December 2021, Aurora conducted an asbestos inspection, wrote the South Coast Air Quality Management District Procedure 5 asbestos removal plan, and provided inspection/monitoring and clearance services for a project at the County's headquarter building. All work was completed during holiday weekends in November and December. Various �UrRRriiOAI Services 16 — 242 10/18/2022 10 DUDEK PROJECT -SPECIFIC EXPERIENCE Table 2: Project Specific Experience. Below are some municipal clients that Dudek has worked with and some of the services the Dudek Team has provided. City of Anaheim is CL . � : X X X 0 cEc City of Calexico X X City of Carmel X City of Carson X X X City of Chula Vista X X X X City of Compton X X X X City of Encinitas X X City of Fontana X X X City of Gonzales X City of Hermosa Beach X X City of Lake Forest X City of Monterey X X X City of Napa X City of Ontario X X City of Orange X X X City of Palm Springs City of Pomona X X X X City of Redondo Beach X City of San Diego X X X X City of San Marcos X City of Santa Barbara X X City of Santa Cruz X X City of Santa Monica X X X City of Seal Beach X X City of Vallejo X City of Vista X X X X X Various MiDNOMIServices 11 Scope of Services and Schedule Category Phase I ESAs identify concerns on a property related to hazardous or potentially hazardous substances. Our Phase I ESAs are prepared in accordance with the ASTM Standard Practice for ESAs: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage, and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: • Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the sites or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review records maintained by local regulatory agencies, including the fire department, health department (Certified Unified Program Agency), building department, Regional Water Quality Control Board, and Department of Toxic Substances Control (DTSC) • Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directories • Review previous environmental investigations, soil sampling reports, or remediation plans as provided by the City • Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Conduct a search of environmental liens and activity use limitations for the project assessor's parcel number (if applicable) ■ Interview the owner(s) and/or site representative(s) regarding the environmental history and background of the site The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM Standard, the report will list RECs identified for the site, as well as historical RECs, controlled RECs, and significant data gaps. If the findings of the Phase I ESA indicate a potential impact of hazardous wastes or materials on the site, Dudek will include recommendations for further assessment and/or investigation (e.g., Phase II ESA). 1 ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various �UrZSRMOAI Services 16 — 244 10/18/2022 12 DUDEK If requested by the City, the following non-ASTM items can be evaluated as part of the Phase I ESA: ■ Asbestos -Containing Materials. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if asbestos containing materials are present. ■ Lead -Based Paint. Dudek can conduct a cursory visual assessment of accessible areas and/or review existing survey reports to determine if lead -based paint is present. ■ Mold. Dudek can conduct a cursory visual assessment of accessible areas to determine if mold is present. ■ Radon. Dudek will evaluate existing local/regional data from the Environmental Protection Agency (EPA). ■ Methane Zone. Dudek will determined if the site is within a methane zone based on publicly available data. While the scope of work for a Phase II ESA can vary from site to site, the main components are described as follows. All work plans, work, and reports will be prepared/performed in general accordance with ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process E1903-19 under the direct supervision of a professional engineer or professional geologist. Work Plans Site -specific work plans or field sampling plans will be prepared for each investigation. Each work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. The draft work plan will be submitted to the City for review. Work will not commence until the work plan is approved by the City. Health and Safety Plan Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the California Code of Regulation (CCR) Title 8 Section 5192 (Hazardous Waste Operations and Emergency Response), CCR Title 8 Section 3202 (Injury and Illness Prevention Plan, and OSHA regulation 29 Code of Federal Regulations 1910.120. Surface Geophysical Investigations Dudek will partner with ULS CA, Inc (ULS) for geophysical investigations and utility surveys. ULS will utilize various non-invasive tools and techniques (ground penetrating radar, electromagnetic, metal detectors, seismic refraction, and magnetometers) to identify potential subsurface utility conflicts, buried tanks, drums, sumps, and other anomalies that may help guide a Phase II investigation. The results of geophysical investigations will be presented in a standalone report or incorporated into a Phase II ESA report. Various �UrZS�riiPrAI Services 16 — 245 10/18/2022 13 DUDEK Soil Gas Survey Soil gas surveys are a useful tool to identify and evaluate potential impacts at a site. A direct push drill rig is typically used to advance boreholes to the targeted subsurface depth. Dudek will partner with Millennium Environmental, Inc. for direct push and sub -slab drilling services. Following borehole advancement, temporary soil vapor probes will be constructed in accordance with the DTSC Advisory - Active Soil Gas Investigations. Probe inlets will be placed in sand, topped with dry granular bentonite, then sealed with hydrated bentonite chips. Each probe will be allowed to equilibrate for a minimum of two hours prior to sampling. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the DTSC Advisory. Dudek will partner with Jones Environmental Laboratories, Inc. (Jones), to provide mobile and stationary analytical services for soil gas samples. Dudek will ensure that the laboratory reporting limits will meet the project objectives. At the end of the sampling event, all soil boring locations will be resurfaced matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. The findings of the soil gas survey will be presented in a standalone report or incorporated into a Phase II report. Drilling Dudek will provide support for the permitting, drilling, installation, development, and sampling of deep borings and groundwater monitoring wells. Dudek will partner with BC2 Environmental for hollow -stem auger, mud rotary, air rotary, and sonic drilling services. The drilling methods previously described provide capabilities to drill through various media, including consolidated and unconsolidated sediments, rocks, asphalt, concrete cement, and waste materials. Each boring will be logged using ASTM Standard D2488-09a-Standard Practice for Description and Identification of Soils (Visual - Manual Procedure). Boring logs will also include descriptions of the lithologies and grain sizes, color, moisture content, cohesive characteristics, odors, and any other pertinent information (e.g., blow counts, photoionization detector readings, anthropogenic materials, etc.). The subsurface lithologies will be used to determine the well screen slot size and filter pack materials best suited for the site. Wells will be constructed in accordance with the Department of Water Resources (DWR) California Well Standards Bulletins. Groundwater monitoring wells will be developed at least 24 hours following the completion of construction. The drilling activities, including permits and DWR documentation, will be presented in a standalone report or incorporated into a Phase II ESA report. Sampling The media to be sampled at a site (air, soil, soil vapor, and/or groundwater) is dependent on the type of contamination present or suspected. The work plan/field sampling plan will outline the suspected concerns and include proposed sample locations, media, sample depth(s), and targeted analytes. All sampling will be performed in accordance with applicable regulatory protocols and/or standard industry practices. For example, soil samples to be analyzed for volatile components (e.g., gasoline -range hydrocarbons and VOCs) will be collected in accordance with EPA Method 5035. Dudek will ensure that the samples for all media (soil, soil vapor, or groundwater) are placed in proper containers and that the laboratory reporting Various �UrZSRMOAI Services 16 - 246 10/18/2022 14 DUDEK limits will meet the project objectives. The findings of the sampling will be presented in a standalone report or incorporated into a Phase II report. Laboratory Analysis Dudek will partner with Jones and Eurofins Calscience to provide laboratory analytical services. Both labs are certified by the California Environmental Laboratory Accreditation Program. Eurofins Calscience is also certified by the National Environmental Laboratory Accreditation Program and American Industrial Hygiene Association Laboratory Accreditation Program. All laboratory analyses will be performed in accordance with applicable EPA Methods and Contract Laboratory Program protocols. Any deviations from the EPA Methods will be documented. All samples will be collected in laboratory -supplied containers with proper preservative, properly labeled (unique sample number, date, time, site name, sampler name, and requested analysis), logged on a chain -of -custody, placed in an ice -chilled cooler, and transferred to the laboratory by field personnel or via laboratory courier. Aurora will partner with LA Testing/EMSL and Eurofins EMLab P&K for asbestos, lead, and mold laboratory analytical services. Reports Reports will include a statement of the objective, site background information, description and rationale for the investigation, deviations, methods used, data evaluation and comparison to regulatory screening levels, data interpretation, figures, tables, laboratory analytical reports, and any additional supporting information. Reports will be prepared under the direct supervision of a professional engineer or professional geologist. Agency Coordination Dudek will coordinate with local and state officials, as necessary, to facilitate project objectives. Coordination with agencies may include obtaining permits for subsurface investigation work, coordinating field work schedules on public properties, and entering into a voluntary oversight agreement to ultimately obtain certified regulatory closure. Dudek will not contact any property owners, regulatory agencies, or other entities without expressed permission from the City. Category II Hazardous Building Materials Surveys Aurora will survey and test buildings, storage vessels (tanks, containers, drums, etc.), and stored materials for the presence of hazardous waste or materials. The survey and testing may include visual inspection for the presence of suspected lead -based paint (LBP) and asbestos -containing materials (ACM), identification of potential PCB -containing equipment and materials, identification of universal waste, contents of materials stored in vessels, and assessment of buildings where hazardous materials or wastes are stored. Surveys typically consist of the collection and submittal of samples from homogeneous areas for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence technology; paint chips of damaged areas may be collected for laboratory confirmation. Depending on the constituents of concern, additional sampling may be performed to categorize other waste materials at a site (universal waste, PCBs, etc.) Various �UrRRriiOAI Services 16 — 247 10/18/2022 15 DUDEK California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, Aurora will submit the Form 8552 to the state, with a copy submitted to the City. The findings of the survey, whether it be visual or include laboratory analysis, will be presented in a standalone report or incorporated into a Phase I or II ESA report. Aurora has also supported Dudek projects with the preparation of abatement specifications for construction bids and monitoring during demolition/renovation Table 3. Project Timeline Phase I ESA Database Search, Site Reconnaissance, 2 weeks Agency Interviews, Historic Records Review Report Preparation and Submittal 2 weeks Phase 11 ESA Work Plan Preparation, Commission 2 weeks Review, Health and Safety Plan Preparation Field Activities and Data Evaluation 2-4 weeks Commission Review 1 week Report Submittal 1 week Hazardous Materials Building Survey and Sampling 1 week Surveys Report Preparation and Submittal 3 weeks Various � irZ5r%PAI Services 16 — 248 10/18/2022 16 DUDEK Site Investigation and Remediation/Removal Action Groundwater Monitoring and Reporting, Former Battery Recycling Facility, Los Angeles, California. Performed quarterly groundwater monitoring and reporting under Department of Toxic Substances Control (DTSC) oversight at the former battery recycling facility. Additional tasks included oversight of well redevelopment and evaluation of pressure transducer data and groundwater elevation trends. Newport Beach Aerospace Facility Studies, Raytheon Systems Co., Newport Beach, California. Performed two pilot studies at a Newport Beach facility contaminated with chlorinated solvents. Implemented in situ chemical oxidation using potassium permanganate, and enhanced in situ bioremediation by injecting ethanol as an electron donor for existing bacteria. Solvent Release Source Evaluation and Investigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, San Diego, California. Conducted a subsurface investigation at a solvent release site in Sorrento Valley. Prepared work plans and sampling reports for submittal to the County of San Diego Department of Environmental Health under the County's Voluntary Assistance Program. Oversaw the installation and sampling of groundwater monitoring wells and soil vapor probes. Requested case closure based on human health risk assessment and groundwater monitoring data. Former Aerospace Facility Investigation, San Diego, California. Conducted soil, soil vapor, and indoor air sampling at a former aerospace facility that had been redeveloped for commerical use. Currently overseeing modifications to the indoor air flow as a first attempt to lower indoor air VOC concentrations. Pump and Treat Facility, Kearney — KPF, Stockton, California. Performed quarterly groundwater monitoring at a chlorinated solvent and 1,4-dioxane-contaminated site in Stockton. Installed groundwater monitoring wells. Prepared groundwater monitoring reports and a Feasibility Study for site remediation. Rush Truck Centers Site Investigation, TerraGraphics Environmental Engineering, Escondido, California. Conducted a site investigation at a former truck maintenance facility. Removed a clarifier and surrounding petroleum -impacted soil for off -site disposal. Closed an outdoor sump. Conducted a soil vapor survey and human health risk evaluation. Obtained case closure from the County. Pacific Honda Groundwater Monitoring, San Diego, California. Conducted groundwater monitoring and soil vapor sampling at the gasoline -impacted service site. Conducted free product removal. Prepared a Corrective Action Plan and received case closure from the County of San Diego. Former Petroleum Refinery Environmental Consulting, Confidential Client, Ventura County, California. Managed waste removal during petroleum refinery decommissioning under EPA oversight. Conducted soil sampling and removal of petroleum hydrocarbon -impacted soil and polychlorinated biphenyl (PCB) -impacted soil. Removed a former oil UST under County oversight. Soil Sampling and Ecological Risk Assessment for Wetlands Mitigation Site Planning Project, San Diego County Water Authority (SDCWA), California. Conducted soil sampling and an ecological risk evaluation for a former agricultural field for the SDCWA wetland mitigation banking project. Prepared reports for submittal to the RWQCB and attended meetings with the RWQCB to discuss the results of the investigation. Marley Monitoring Reports, SPX Cooling Technologies, Stockton, California. Prepared a groundwater monitoring report and a Five Year Review for a metals -impacted site in Stockton. City Council 16 — 249 10/18/2022 3 DUDEK Carlsbad Municipal Golf Course Lead Sampling, City of Carlsbad, California. Conducted lead sampling at a former police shooting range using x-ray fluorescence (XRF) and laboratory confirmation. Oversaw remediation of the lead -contaminated soil. NAS North Island SWMU 87 SI, San Diego, California. Served as project manager for the environmental investigation of a suspected former wash area at NAS North Island believed to be contaminated with pesticides. Coordinated the site investigation, including historical research and soil and groundwater sampling; coordinated and prepared the analytical data set for risk assessment; reviewed the risk assessment results and the comparison of data to water quality objectives with DTSC, RWQCB, and the client; and completed the SI report. Inglewood Former Oil Field, Irell & Manella, LLP, Inglewood, California. Investigated total petroleum hydrocarbon contamination at a site in Inglewood by conducting soil sampling and research. Based on the site investigations, excavated and treated (off site) approximately 1,000 tons of contaminated soil in order to prepare the site for a transfer of ownership. The excavation was conducted under Air Quality Management District oversight. NAS North Island Solid Waste Management Unit (SWMU) 132 Site Investigation (SI), San Diego, California. Served as project manager for the environmental investigation of a NAS North Island site contaminated with metals including arsenic and lead. Coordinated the site investigation, conducted soil and groundwater sampling, coordinated and prepared the analytical data set for risk assessment, and completed the SI. Helped plan an interim remedial action involving removing a layer of metals debris and soil. Coordinated meetings with DTSC and the RWQCB and received regulatory concurrance with no further action following the interim remedial action. Groundwater Management Plan, Rainbow Municipal Water District, Rainbow and Fallbrook, California. Prepared a Groundwater Management Plan for Rainbow Municipal Water District. Litigation Support Groundwater Contamination Litigation Support, Torrance, California. Prepared a Declaration regarding trichloroethylene (TCE) contaminated groundwater originating from an adjacent site in Torrance, California. Evaluated groundwater flow directions, concentration trends, and historical uses at the site and the adjacent former industrial site. Litigation Support for Omega PRP Evaluation, Whittier, California. Presented historical site use information, soil, soil vapor, and groundwater data, as well as groundwater flow direction information to the EPA for an Omega Operable Unit 2 PRP. Site contamination included tetrachloroethylene (PCE). Whittaker Bermite Site, Santa Clarita, California. Participated in settlement mediations allocating remediation costs associated with perchlorate and volatile organic compound (VOC) contamination at the Whittaker Bermite site. Litigation Support for Water Discharge Investigation, San Diego, California. Provided litigation support, oversaw installation and monitoring of groundwater wells, and oversaw slug tests and pump tests for a site in San Diego with increasing groundwater elevations and seepage. Superfund Site Litigation Support, Rialto, California. Provided litigation support for a Goodrich Superfund Site PRP. Site contamination included perchlorate. City Council 16 — 250 10/18/2022 DUDEK Solvent Plume Litigation Support, Placentia, California. Provided litigation support for a multiparty solvent plume in Placentia. Activities included evaluation of existing data, installation of monitoring wells, aquifer tests, and a search for additional PRPs. Baldwin Park Operable Unit Litigation Support, Azusa, California. Conducted soil vapor and groundwater sampling. Provided litigation support for a PRP in the Baldwin Park Operable Unit of the San Gabriel Valley Superfund Sites. Site contamination included VOCs. Plating Shop Removal Action and Litigation Support, Fullerton, California. Removed plating shop waste liquids and solids under EPA oversight. Conducted soil and concrete sampling following the waste removal. Prepared a Waste Removal Completion Report for submittal to EPA and local agencies. Participated in a settlement mediation among PRPs for VOC-contaminated groundwater remediation costs. Environmental Compliance Spill Prevention, Control, and Countermeasure (SPCC) Plan, Helix Water District, El Cajon, California. Prepared an SPCC Plan for the Helix Water District Operations Center. SPCC Plans, First Solar Electric Inc., Imperial County, California. Prepared Hazardous Material Business Plans (HMBPs) and SPCC Plans for 3 solar facilities. Risk Management Plan (RMP), Rancho Pauma Mutual Water Company, Pauma Valley, California. Prepared a RMP and a subsequent RMP Update for the Water Company's chlorination facilities. Oceanside Sprinter and Escondido Rail HMBP, North County Transit District, San Diego County, California. Prepared HMBPs and SPCC Plans for bus and train maintenance facilities. Audits for Groundwater Monitoring Sites, Stockton, California. Performed an internal audit of groundwater monitoring activities at two sites based on compliance with the RCRA permit, RWQCB Waste Discharge Requirements, and sampling guidance. Landfill Studies BKK Class I Landfill Evaluation and Cost Allocation, Waste Management Recycling and Disposal Services, West Covina, California. Evaluated leachate, landfill gas, and groundwater data, as well as disposal records for the BKK Landfill to assist in remedy selection and cost allocation. Participated in cost allocation discussions and prepared a cost allocation model for the PRPs at the BKK Landfill. Palm Springs Landfill Remediation Oversight Project, City of Palm Springs, California. Conducted inspections of the former Palm Springs City Landfill. Observed the landfill remediation to identify any deviations from the Remedial Action Plan approved by DTSC. Corona Property Inert Landfill Investigation, Private Developer, Corona, California. Conducted soil, fill material, and surface water sampling to characterize landfill material prior to excavation and relocation of the material for redevelopment. Coachella Landfill Closure, City of Coachella, California. Produced a closure and maintenance report for a former landfill in Coachella, California, which included a plan for landfill inspections, monitoring, and maintenance. City Council 16 - 251 10/18/2022 DUDEK Landfill Post -Closure Maintenance, San Diego and Warner Springs, California. Served as project manager on landfill monitoring and post -closure maintenance sites on Naval Air Station (NAS) North Island and Survival, Evasion, Resistance and Escape Camp in Warner Springs, California. Performed groundwater sampling and water quality evaluation. Updated the post -closure maintenance plan and wrote an annual post -closure maintenance report for each site. NAS North Island Landfill Methane Monitoring, San Diego, California. Performed methane monitoring at a landfill monitoring site on NAS North Island. Coordinated installation of a methane detection system and calibrated it. Community Relations Fact Sheet, San Diego, California. Prepared a fact sheet regarding soil excavation on NAS North Island and transportation through the City of Coronado, California. Public Meetings, San Diego, California. Participated in several Restoration Advisory Board meetings in Coronado city. Presented status updates on several NAS North Island remediation and investigation activities to the community. Information Repository, San Diego, California. Provided oversight for maintenance of the NAS North Island information repository. 6 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT ONE SECTION EFOR EACH KEYPERSON.) (COMPLETE 12. NAME 13. ROLE IN THIS CONTRACT 14. Years' Experience a. Total b. With Current Firm 24 Grace M. Rinck, CIH Certified Industrial Hygienist 31 15. FIRM NAME AND LOCATION CITY AND STATE Aurora Industrial Hygiene, South Pasadena and San Diego, California 16. EDUCATION DEGREE AND SPECIALIZATION 17. CURRENT PROFESSIONAL REGISTRATION STATE AND DISCIPLINE B.S. Physical Chemistry, UCLA, 1986 Certified Industrial Hygienist (CIH), 1994 M.A. Science Education, California State University Northridge, 1988 California Certified Asbestos Consultant, 1993 ® Accredited College or University California Certified Lead Inspector/Risk Assessor/Monitor 1997 18.OTHER PROFESSIONAL QUALIFICATIONS PUBLICATIONS, ORGANIZATIONS, TRAINING, AWARDS, ETC. Professional Affiliations American Industrial Hygiene Association (AIHA) Diplomat, American Academy of Industrial Hygiene (AAIH) Governmental Affairs Officer, South California Local AIHA Board Member, California Industrial Hygiene Council Ms. Rinck has been practicing industrial hygiene for 28 years. Her experience includes developing compliance programs, writing health and safety programs and specifications, and inspecting and evaluating construction and hazardous material projects. She specializes in training and education, having conducted employee health and safety training on the full spectrum of topics, including but not limited to respiratory protection, proper use of personal protective equipment, substance specific hazard communication, bacterial and fungal contamination, confined space, lead, and asbestos. As a former teacher, she has a reputation of providing in depth training classes that are specific to the client's needs and has been praised often regarding her outstanding abilities in the classroom. Public clients include the County of Los Angeles Departments of Public Works and Internal Services, Southern California Metropolitan Water District, the Housing Authority of the City of Los Angeles, The Cities of Pasadena, and Los Angeles, and Los Alamitos School District. She was on the advisory board for the Los Angeles Section of the American Indoor Air Quality Council (AmIAQ), a professional corporation devoted to the collection and dissemination of indoor air quality (IAQ) information to its members and promoting awareness and education on IAQ issues, for eight years and is currently serving as a board member on the California Industrial Hygiene Council. Her experience in risk communication has been very helpful in adversarial situations where a client needs someone to disseminate information to employees in both large and small group settings. 19. RELEVANT PROJECTS (1) TITLE AND LOCATION (CITYAND STATE (2) YEAR COMPLETED VETERAN'S ADMINISTRATION, WEST Los ANGELES, CALIFORNIA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2019 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Aurora is most recently providing a wide range of industrial hygiene services for the VA greater Los Angeles Healthcare system a. (VA GLAHS). Responsibilities include safety training, risk assessments, indoor air quality assessments, environmental sampling, ergonomic evaluations, laser, and other electromagnetic radiation safety, confined space entry reviews, lockout/tagout, CEOSH 3E database management, safety data sheet maintenance, asbestos, lead, mold surveillance and survey work, air monitoring and any other as needed services. Cost of services is approximately 10K/month. Role: Certified Industrial Hygienist. Cost: Approximate) $ 10,000 per month. Dates: 01/2017 — 07/2019 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED b. Departments of Public Works, Internal Services, Department of Health Services and Department of Public Health, County of Los Angeles PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE Ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm AUTHORIZED FOR 1-cCi PR9Pl7or'i 1 16 — 253 1 S Nl1MtD� (REV. 3/2013) PAGE 1 Provides both scheduled and on -call emergency industrial hygiene services to the County of Los Angeles, since 2000 at County owned and managed facilities throughout the 400 square miles that comprise the County of Los Angeles. Has and continues to provide training in confined space, hearing conservation, respiratory protection, fall protection, construction safety, HAZWOPER and first responder, lead, asbestos, mold, and industrial hygiene. Reviews health and safety procedures and assists the county in developing safe work procedures at both routine — traffic painting, guardrail removal, sewer and water line maintenance to the unusual — well maintenance, downstream dam control painting, flood control bacteria safety protocols, and even drug investigations. Facility inspections have ranged in size from entire dams to sheds. Provides indoor air quality inspections in office buildings, measured a diverse number of environmental hazards, including bacteria, mold, asbestos, lead, heavy metals, pesticides, organic compounds, noise, and non -ionizing radiation. Over the last ten years, Ms. Rinck has reviewed contractor HASPs for construction projects at Big Tujunga, San Gabriel, and San Dimas dams as well as smaller projects like the Blanchard Slope reformation project and construction projects at county maintenance, water works, sewer, flood maintenance and office buildings. Every year, she conducts asbestos training, which includes respiratory fit testing, for the 300+ Internal Services Department tradespersons who maintain the county owned buildings, as well as Department of Public Works Flood, Road, and Maintenance personnel. Role: Project manage . Cost: Varies. Dates: 01/2013 — ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Housing Authority City of Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION (IF APPLICABLE) ongoing (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm Ms. Rinck has been an industrial hygiene consultant under contract with HACLA since 2005. During that time she has assisted C. the agency by providing a full range of asbestos and lead services, as well as general industrial hygiene. Tasks have included asbestos and lead specification writing, managing asbestos and lead inspections — office buildings, and multi -unit residential, project management for asbestos and lead abatement and lead stabilization oversight and monitoring, personnel exposure assessments as well as writing operations and maintenance plans and providing Housing Authority personnel with training. In 2013, Ms. Rinck provided initial Asbestos Operations and Maintenance Training and respiratory fit testing for over 150 employees. Role: Project manager. Cost: Varies. Dates: 01/2012 - ongoing 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, AMEC Geomatrix, Los Angeles, CA PROFESSIONAL SERVICES CONSTRUCTION(IFAPPLICABLE) 2010 x (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm d. Provides industrial hygiene support services for large scale industrial site remediation and demolition projects. Projects have included personnel and environmental air monitoring for pesticides, solvents, particulates and heavy metals, and facility hazardous materials inspections In December of 2010, Aurora Industrial Hygiene conducted a hazardous materials inspection (asbestos, lead, PCBs, and other hazardous materials (OHM) for over 20 buildings and structures at the Port Authority of Guam located at Apra Harbor as part of the development of a container terminal port. Role: Project manager. 1 TITLE AND LOCATION CITYAND STATE 2 YEAR COMPLETED Industrial Hygiene Services, Waterstone Environmental, Anaheim, CA PROFESSIONAL SERVICES CONSTRUCTION IF APPLICABLE 2012 (3) BRIEF DESCRIPTION (BRIEF SCOPE, SIZE, COST, ETC.) AND SPECIFIC ROLE ® Check if project performed with current firm e. Responsible for providing as -needed industrial hygiene services and consultation. Services have included both environmental and personnel monitoring during abatement of contaminated soil for projects for LAUSD school expansion and construction projects. Conducted work site, perimeter, hazard zone and personnel monitoring for pesticides, heavy metals, volatile organic compounds and particulates as well as recording environmental conditions for worker safety. Role: Project manager. AUTHORIZED FOR LOEAI_ PC'minq'i 1 16 - 254 1 4PAN14D40{i22 (REV. 3/2013) PAGE 1 DUDEK Proposa a A-2 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal ('.ifv (ni ineil 1 R — 9rNR 1 n/1 R/7(177 City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Dudek Signed and Printed Title President/CEO Date July 25, 2022 f� Pity f'ni ineil 1 R — 7r,7 i n/1 R/7(177 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Pity f'ni ineil 1 R — 7r,R j n/1 R/9n99 City of Santa Ana RFP Page AM 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: V President/CEO Firm: Dudek Date: July 25, 2022 Pity f'ni ineil 1 R — 7r,A 1 n/1 R/9n99 City of Santa Ana RFP Page A3-4 f BUDGET PROPOSAL VARIOUS ENVIRONMENTAL SERVICES CITY OF SANTA ANA J U LY 26, 2022 27372 Ca Ile Arroyo/ San Juan Capistrano, California 92675 10/18/2022 Sample Project Budgets In an addendum to the RFP, the City requested sample budgets as well as the following information for two specific property addresses: ■ Brief description of methods of inspection ■ Sample collection and lab analysis ■ Report sections ■ Any other necessary tasks Presented below by property address is Dudek's assumed scope of work, approach to the project, and estimated costs. Sample Project: 2245 S. Halladay Street 'PROJECT SCOPE The property located at 2245 S. Halladay Street consists of one approximately 0.1-acre parcel of land on Assessor's Parcel Number (APN) 016-105-19. According to information reviewed during the preparation of this scope, the earliest available historical source shows that the property was undeveloped land in 1946. By 1952, a house was constructed on the property, which privately owned. If the City plans to acquire the property, Dudek recommends that a Phase I ESA be conducted during the due diligence period of the transaction. In addition, based on the age of the structure, it is anticipated that a hazardous materials building survey will be necessary prior to demolition or redevelopment; this can be completed during the due diligence period or after the property transfer has been completed. Phase I ESA The Phase I ESA will be prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E 1527-13 and E 1527-211. The Phase I ESA will include review and evaluation of past and current uses of the site for indications of the manufacture, generation, use, storage and/or disposal of hazardous substances, and evaluation of potential soil and/or groundwater contamination resulting from current and historical land use activities, including those of nearby properties. Specifically, Dudek will perform the following: ■ Conduct a search of regulatory agency records to see if there are currently, or were previously, any reports of hazardous materials contamination or usage at the site or contamination at other nearby sites within the ASTM-specified search radius that could impact the site ■ Review relevant records maintained by local regulatory agencies, including the Regional Water Quality Control Board, Department of Toxic Substances Control, Orange County Health ASTM E 1527-21 was released on November 17, 2021. Environmental Protection Agency (EPA) concurrence with the new standard will reportedly take up to one year. Thus, compliance with the All Appropriate Inquiries rule to qualify for an exemption from Comprehensive Environmental Response, Compensation, and Liability Act liability will remain under E 1527-13 until EPA concurs with the new standard. Various MIRNAI Services Sample Project Budgets DUDEK Care Agency, Fire Department, California Geologic Energy Management Division, and the building department ■ Review historical source information, including historical aerial photographs, historical topographic maps, Sanborn fire insurance maps, and City Directory listings ■ Conduct a search of environmental liens and activity use limitations for APN 016-105-19 ■ Conduct a site reconnaissance and document current conditions ■ Evaluate the potential for vapor intrusion risk ■ Interview the owner(s) and/or site representative/manager regarding the environmental history and background of the site ■ Non-ASTM scope items, including visual observations of conditions related to lead -based paint and asbestos -containing building materials, evaluation of local radon data, and review of methane hazard zones The findings of the investigation will be summarized in a Phase I ESA report. As per the ASTM standard, the report will list RECs identified for the site, as well as historical RECs and controlled RECs. Based on the project assumptions previously presented, the Phase I ESA will identify potential impacts of hazardous wastes and materials on the site and include recommendations for further assessment and/or investigation. The Phase I ESA will be prepared under the direct supervision of an environmental professional, as defined in the ASTM Standard. Hazardous Materials Building Survey Based on the age of the structure, lead -based paint and (LBP), asbestos -containing materials (ACM), and other hazardous building materials may be present. Aurora Industrial Hygiene (Aurora) will perform a survey to identify LBP, ACM, and any other hazardous building materials. The survey assumes that samples of homogeneous areas will be collected and submitted to a laboratory for asbestos analysis by polarized light microscopy. The LBP assessment of suspect materials will be performed using X-ray fluorescence (XRF) technology; paint chips of damaged areas may be collected for laboratory confirmation. Aurora assumes that the survey and sampling will take place over one day. Aurora assumes that there will be no more than 30 ACM samples and no more than 5 LBP samples collected for this project. This estimate is based on assessment of one approximately 1,500-square-foot building. The assessment will include indoor and outdoor components of the building. Aurora assumes that all areas are readily accessible, that a 12-foot ladder will be sufficient to access the structure, and that the roof is safely accessible. Aurora will make every effort to minimize damage to building materials; however, asbestos sampling by nature is destructive. Neither Aurora nor Dudek are responsible for repairs or damage to substrates sampled. Inspectors carry roofing mastic and interior caulking for limited repairs to sampled surfaces. California law requires submittal of a California Department of Public Health Form 8552 to the state following lead inspection activities in public or commercial buildings. As such, the industrial hygiene contractor will submit the Form 8552 to the state, with a copy submitted to the City, as required. Estimated costs for the aforementioned scopes of work is presented in Table 1. Various MIRNUMI Services Sample Project Budgets 2 DUDEK Table 1. Scope of Work Estimated Costs 2245 S. Halladay Street Phase I ESA Dudek Labor $6,120 Other Direct Costs (records searches, environmental lien and activity use limitation search, mileage for site visit) $810 Subtotal Hazardous Labor $6, 930 $2,240 Vendor $525 Other Direct Costs (XRF meter) $350 Subtotal $3,115 PROJECT TOTAL $10,045 Sample Project: 2245 S. Main Street PROJEt, i- SCOPL The property located at 2245 S. Main Street consists of one approximately 0.27-acre parcel of land on APN 403-141-08. According to information reviewed during the preparation of this scope of work, a gas station formerly operated on the site and a release of gasoline was reported in 1988. Impacts to soil and groundwater were reported at the site; monitoring and remediation efforts were performed for several years. By 2019, the underground storage tanks had been removed from the property and the gas station was demolished. The site was granted regulatory closure under the State Water Resource Control Board's Low -Threat Closure Policy in March 2022 with the caveat that if the land use changes, a review of the corrective action is required. The City of Santa Ana currently owns the property. For the purpose of this project scope, Dudek assumes that a land use change to Residential is proposed, which would trigger a corrective action review by the regulatory agency. Although regulatory closure (for commercial use of the property) was granted in March 2022, residual impacts remain at the site, which may exceed regulatory screening levels for residential use. Dudek recommends that a limited Phase II ESA with a human health risk evaluation be performed for the site. Phase II ESA Initial Project Review Dudek will review the existing data for the site to determine an appropriate project approach. According to information reviewed on GeoTracker, concentrations of several volatile organic compounds in soil vapor exceeded regulatory thresholds for residential and commercial land use scenarios. Based on Various Mi'AMMI Services Sample Project Budgets 3 DVDEK this, it is likely that the regulatory agency would require additional investigation to evaluate appropriate mitigation methods for the proposed land use change. Work Plan Dudek will prepare a site -specific work plan for the investigation in general accordance with ASTM Standard E1903-19 under the supervision of a Professional Engineer or Professional Geologist licensed in California. The work plan will include a statement of objectives, site history, scope of work, proposed sampling locations, target analytes, and a schedule. Dudek will submit the draft work plan to the City for review. Following the City's approval, Dudek will submit the work plan to the appropriate regulatory agency. Work will not commence until the regulatory agency approves the work plan. Pre -field Activities Dudek will prepare a site -specific Health and Safety Plan describing safety aspects of the work to be performed at the site. The Health and Safety Plan will be prepared in compliance with the Occupational Safety and Health Administration regulation 29 CFR 1910.120. Dudek will contact an Underground Service Alert prior to the commencement of field work to mark underground utility locations (in the public right-of-way). Dudek field staff will clearly mark each proposed boring location in white paint prior to contacting the Underground Service Alert. Dudek will contact a private utility locator to clear the potential boring locations of subsurface utility conflicts within the site boundary. Dudek will obtain a permit from the Orange County Health Care Agency for a boring/probe survey. Subsurface Investigation The scope of the subsurface investigation includes the advancement of soil borings, which will be converted into temporary soil vapor probes. Dudek will collect soil vapor samples to evaluate remaining impacts from the former gas station. Up to eight borings will be advanced to a total depth of 10 feet below ground surface using direct push technology. The soil will be logged and screened using a photoionization detector. Temporary soil vapor probes will be installed at each boring location. Soil vapor samples will be collected at 5 feet and 10 feet below ground surface at each of the probe locations; if saturated soils are encountered, probe sample depths may be adjusted. A tracer gas compound will be used to test for leaks around the temporary soil vapor probe penetration seal at the ground surface and within the sampling system. A default of three purge volumes will be extracted prior to sampling from the probe locations. The soil vapor samples will be collected in accordance with the Department of Toxic Substances Control (DTSC) guidance and analyzed by a State of California Certified analytical laboratory for volatile organic compounds by U.S. Environmental Protection Agency (EPA) Method 8260B using a mobile analytical laboratory. At the end of the sampling event, the soil boring locations will be resurfaced and matched to the existing ground surface. Drilling equipment will be appropriately decontaminated before the commencement of any drilling activities and in-between boreholes. Dudek assumes that no waste will be generated during the sampling. Dudek also assumes that the field work will be completed in one day, refusal will not be met in the borings, and that the site and proposed sample locations are accessible. Various MIRNAI Services Sample Project Budgets 4 DUDEK Evaluation of Soil and Soil Vapor Data Dudek will evaluate the results of the soil vapor sampling data and conduct a screening level risk assessment using California Regional Water Quality Control Board Environmental Screening Levels, EPA Regional Screening Levels, and DTSC HERO Note 3 Screening Levels. If risks exceed those allowable for the target land use criteria, additional sampling may be necessary and/or a formal human health risk assessment (HHRA) may be recommended. The findings of the limited Phase II ESA will be presented in a letter report that will include a summary of the work performed, any variances from the work plan, tabulated data, figures depicting the sample locations and areas of concern, soil boring logs, and laboratory analytical results. If the findings of the limited Phase II ESA report indicate a potential impact of vapor migration or other potential impacts on the site, the report will also contain recommendations for further work. Recommendations may include remediation, vapor mitigation design, or other investigations to appropriately determine the nature and extent of any contamination. Project Cost Table 2 presents the cost for the aforementioned scope of work. Table 2. Phase II ESA Project Cost Dudek Labor $8,300 Subcontractor Costs $7,900 Other Direct Costs (permit fee, mileage for site visit, air $652 monitoring equipment) Total 1 $16,852 Various MIRNUMI Services Sample Project Budgets 5 Rate Sheets City Council 16 — 266 10/18/2022 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director...................................................................... $310.00/hr Principal Engineer III..............................................................$285.00/hr Principal Engineer II...............................................................$275.00/hr Principal Engineer I................................................................$265.00/hr Program Manager..................................................................$255.00/hr Senior Project Manager.........................................................$255.00/hr Project Manager.....................................................................$245.00/hr Senior Engineer III..................................................................$240.00/hr Senior Engineer II..................................................................$230.00/hr Senior Engineer I...................................................................$220.00/hr Project Engineer IV/Technician IV.........................................$210.00/hr Project Engineer III/Technician III..........................................$200.00/hr Project Engineer II/Technician II ............................................ $185.00/hr Project Engineer I/Technician I.............................................$165.00/hr Senior Designer II...................................................................$190.00/hr Senior Designer I....................................................................$185.00/hr Designer.................................................................................$175.00/hr Assistant Designer.................................................................$170.00/hr CADD Operator III...................................................................$165.00/hr CADD Operator II....................................................................$155.00/hr CADD Operator I..................................................................... $140.00/hr CADD Drafter..........................................................................$125.00/hr CADD Technician....................................................................$115.00/hr Project Coordinator................................................................ $145.00/hr Engineering Assistant............................................................ $120.00/hr Environmental Services Project Director................................................................................. $255.00/hr Senior Specialist IV........................................................................... $235.00/hr Senior Specialist III.......................................................................... $225.00/hr Senior Specialist II........................................................................... $210.00/hr Senior Specialist I............................................................................ $195.00/hr Specialist V........................................................................................ $185.00/hr Specialist IV....................................................................................... $175.00/hr Specialist III...................................................................................... $165.00/hr Specialist II....................................................................................... $150.00/hr Specialist I........................................................................................ $140.00/hr AnalystV........................................................................................... $130.00/hr AnalystIV.......................................................................................... $115.00/hr Analyst III........................................................................................... $105.00/hr AnalystII............................................................................................... $95.00/hr AnalystI................................................................................................ $85.00/hr Technician III....................................................................................... $75.00/hr Technician II........................................................................................ $65.00/hr Technician I..........................................................................................$55.00/hr Mapping and Surveying Services Application Developer II.................................................................. $195.00/hr Application Developer I................................................................... $155.00/hr GIS Analyst V.................................................................................... $205.00/hr GIS Analyst IV................................................................................... $165.00/hr GIS Analyst III.................................................................................... $145.00/hr GIS Analyst II..................................................................................... $130.00/hr GIS Analyst I...................................................................................... $115.00/hr LASPilot........................................................................................... $115.00/hr Survey Lead..................................................................................... $185.00/hr Survey Manager.............................................................................. $135.00/hr Survey Crew Chief............................................................................ $115.00/hr Survey Rod Person............................................................................. $95.00/hr Survey Mapping Technician.............................................................. $95.00/hr Construction Management Services Principal/Manager................................................................. $195.00/hr Hydrogeology/HazWaste Services Project Director...................................................................... $305.00/hr Principal Hydrogeologist/Engineer II ..................................... $280.00/hr Principal Hydrogeologist/Engineer I ...................................... $260.00/hr Senior Hydrogeologist V/Engineer V.................................... $240.00/hr Senior Hydrogeologist IV/Engineer IV ................................... $230.00/hr Senior Hydrogeologist III/Engineer III .................................... $220.00/hr Senior Hydrogeologist II/Engineer II ...................................... $210.00/hr Senior Hydrogeologist I/Engineer I ....................................... $200.00/hr Project Hydrogeologist V/Engineer V.................................... $185.00/hr Project Hydrogeologist IV/Engineer IV .................................. $175.00/hr Project Hydrogeologist III/Engineer III ................................... $165.00/hr Project Hydrogeologist II/Engineer II ..................................... $155.00/hr Project Hydrogeologist I/Engineer I ....................................... $145.00/hr Hydrogeologist/Engineering Assistant .................................. $120.00/hr District Management & Operations District General Manager....................................................... $210.00/hr District Engineer..................................................................... $205.00/hr Operations Manager.............................................................$160.00/hr District Secretary/Accountant.............................................. $135.00/hr Collections System Manager ................................................. $135.00/hr Grade V Operator................................................................... $125.00/hr Grade IV Operator..................................................................$110.00/hr Grade III Operator..................................................................$100.00/hr Grade II Operator..................................................................... $80.00/hr Grade I Operator...................................................................... $75.00/hr Operator in Training................................................................. $75.00/hr Collection Maintenance Worker ............................................. $75.00/hr Creative Services Creative Services IV............................................................... $165.00/hr Creative Services III............................................................... $150.00/hr Creative Services II................................................................ $135.00/hr Creative Services I................................................................. $120.00/hr Publications Services Technical Editor IV................................................................. $165.00/hr Technical Editor III..................................................................$150.00/hr Technical Editorll...................................................................$135.00/hr Technical Editor ....................................................................$120.00/hr Publications Specialist IV ....................................................... $120.00/hr Publications Specialist III ....................................................... $110.00/hr Publications Specialist II ........................................................ $100.00/hr Publications Specialist I ........................................................... $90.00/hr Clerical Administration............................................................. $90.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid in full. Annual Increases - Unless identified otherwise, these standard rates will increase 3 % annually. The rates listed above assume prevailing wage rates does not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly. Senior Construction Manager...............................................$185.00/hr Senior Project Manager.........................................................$175.00/hr Construction Manager...........................................................$160.00/hr Project Manager.....................................................................$150.00/hr Resident Engineer....................................................... ........... $150.00/hr Construction Engineer............................................................$150.00/hr On -site Owner's Representative............................................$140.00/hr Prevailing Wage Inspector.....................................................$139.00/hr Construction Inspector...........................................................$135.00/hr Administrator/Labor Compliance..........................................$100.00/hr q• . -f 2023 AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between Leighton Consulting, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those 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. 22-090. 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 On an as -needed basis, and at the City's sole discretion, 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. 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 City Council 1 16 — 268 10/18/2022 in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) -year term with the option for the City to grant up to a two (2) one (I) -yea r 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 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 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. City Council 2 16 — 269 10/18/2022 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 3 16 — 270 10/18/2022 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. City Council 4 16 — 271 10/18/2022 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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 terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. City Council 5 16 — 272 10/18/2022 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 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 is not embodied herein. City Council 6 16 — 273 10/18/2022 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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 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 City Council 7 16 — 274 10/18/2022 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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: Nabil Saba 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: Brynn McCulloch, PG Project Manager Leighton Consulting, Inc. 17781 Cowan, Irivne , CA 92614 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. City Council 8 16 — 275 10/18/2022 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: "l Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency 0 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: City Council 16 — 276 10/18/2022 EXHIBIT A City Council 16 — 277 10/18/2022 REQUEST FOR PROPOSALS (RFP) FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.: 22-090 ORANGE COUNYY OVEIRNOM G ENl THE GOLDEN CITY FOUNDED 1$69 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Kenny Nguyen Project Manager (714) 647-5632 Office Knguyen(a,santa-ana.org for Release: / �ojC. Nabil Saba Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: June 30, 2022 Deadline for Requests for Information: July 19, 2022 Proposal Due Date: August 01, 2022 at 2pm Projected Award Date: Fall 2022 City Council 16 — 278 10/18/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR VARIOUS ENVIRONMENTAL SERVICES RFP NO.22-090 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as -needed or "on -call" basis. From the proposals received, it is the City's goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of It is the City's goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements. Specialty Areas Maximum Contract Aggregate Amount I Environmental Site Assessment $135,000 II Hazardous Materials Surveys $135,000 Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the "Agreement") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. MINIMUM QUALIFICATIONS City Council City of Santa Ana P 20 10/18/2022 Page A1- Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at: http://www.dot.ca. og v/hq/row/rowman/manual/index.htm. Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Work may include, but is not be limited to, the following: 0 onsite review of the project area o review of existing records o conducting research and pre -demolition surveys o performing analysis o information gathering o collect site samples o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions o attend community meetings as needed • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council City of Santa Ana .I§P 20 10/18/2022 Page Al-2 whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives • Consultant's Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project. • Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. (I) ENVIRONMENTAL SITE ASSESSMENT Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council City of Santa Ana JWP 2 0�90 10/18/2022 Page Al-3 but not limited to: • Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses. • Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties. • Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources. • Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required. Phase II Environmental Site Assessment Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard El527. These tasks shall include but not limited to: • Collect soil and water samples of the project site. • Conduct subsurface soil borings. • Perform geophysical testing for buried/underground storage tanks and drums. • Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required. • Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required. • Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification. (II) HAZARDOUS MATERIALS SURVEYS Pre -demolition Hazardous Materials Surveys Consultant shall perform pre -demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to: • Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building. • Prepare the Asbestos -Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements. CITY RESPONSIBILITIES: City Council City of Santa Ana P 2&O 10/18/2022 Page Al_ The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. SPECIAL REQUIREMENTS (ATTACHMENT 4) This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-H: Sample Cost Proposal • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package) • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only. Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot.ca. gov/-/media/dot-media/programs/local-assistance/documents/lgpm/ch l O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. City Council city of Santa Ana f,6H u 10/18/2022 Page Al-5 CONSULTANT AUDIT AND REVIEW PROCESS: (Speciality Area A - Acquisition/Relocation only) Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. goy/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council city of Santa Ana fj rH u 10/18/2022 Page Al-6 4 Proposz Proposal August 1, 2022 ebrating 60+ Years of solutiom-s You Can Build www.leightongroup.com Ol'l,o Leighton City Council 16 — 286 10/18/2022 SCOPE OF WORK Phase I Environmental Site Assessments (ESA) Leighton will complete Phase I ESAs in conformance with the American Society for Testing and Materials (ASTM) International standard E 1527-21, All Appropriate Inquiries (AAI) 40 CFR Part 312, November 1, 2005, and, if required, Caltrans Project Development Procedures Manual, Chapter 18. Phase I ESAs completed by Leighton will include at a minimum: Records Review, Site Reconnaissance, Interviews, Report Preparation. All Phase I ESAs will include conclusions specific to the particular project as well as recommendations for additional investigation (Phase II ESA) as applicable. Phase I ESAs will be completed under the direction of registered professionals, including Environmental Professionals as required by AAI. Leighton will adhere to pertinent new regulatory requirements as applicable during the course of the contract, including those of E2600-10 for Tier 1 Vapor Encroachment Screening and as directed by the City. Interviews of tenants and or property owners will be completed with the City's authorization. Upon receipt of your authorization, we will make initial contact with property owners to conduct interviews of present and/or past owners, lessees, and employees (if they are available and cooperative). Our goal is to move your project forward —not introduce impediments. We will do everything possible to work within the unique sensitivities of each specific project. Phase ll ESA Leighton will employ a variety of technical approaches to expedite site assessment activities. The selection of the most appropriate assessment approach will be based upon City goals, site access and schedule. Each project is different and Leighton will make it a top priority to work with the City to find the most technically feasible, sustainable, and cost-effective approach to each project, with site closure and/or construction completion as the final goal. Tools and investigation techniques that Leighton typically employ include the following: • The use of geo-located current and historical aerial photographs combined with hand-held GPS units allow for more accurately targeted investigations in the field. • Soil vapor surveys, which provide excellent real time data that can pinpoint potential sources warranting further soil or groundwater sampling. • The use of direct -push borings for investigation of soils and groundwater which nearly eliminates the costs associated with the characterization and disposal of investigation -derived wastes. • Determination of site specific cleanup levels by establishing background levels prior to or during the investigation using screening methods such as XRF. This can help limit additional delineation requirements and reduce the overall investigative cost Leighton understands that remedial investigations/ site characterizations may be required for The use of Rapid Optical Cone Penetrometer properties identified as having potential (CPT) or Rapid Optical Screening Tool (ROST) contamination in the performance of a Phase technologies to screen soils for the presence of I ESA, properties involved in acquisitions, petroleum hydrocarbons. construction improvements or development. The Employing forensic chemical studies using primary goals of an environmental site investigation chromatographic finger printing, chemical ratio are to assess the nature and extent of any impacts, comparisons, degradation by-product and isotope quantify the approximate mass of contamination, age dating, off -site source reviews and area -wide evaluate potential risk to human health or the groundwater gradient interpretation to assess environment, and provide recommendations for sources of historical chemical releases. further investigation or remedial action, if required. Based upon our experience in California, the The use of mobile laboratories to expedite field typical contaminants in soil and/or groundwater decisions. include petroleum hydrocarbons, volatile organic The use of closed circuit television (CCTV) to compounds (VOCs), semi -volatile organic investigate and map (using subsurface sounding compounds (SVOCs), polychlorinated biphenyls and surface survey) subsurface utilities as potential (PCBs), Organochlorine Pesticides (OCPs) and conduits or release points allowing for forensic heavy metals, but the aotential for additional engineering analysis of these structures and contaminangifJo@b@hi§A. (�g§ng of release locatioq;D/18/2022 Leighton 9 Leighton recommends a kick-off meeting prior to initiating any Site Investigations to establish project priorities and identify restrictions. Prior to the meeting, we will review any available background information so we are prepared to discuss investigative methodologies applicable to the particular project. Based on the results of this meeting, we will develop a Work Plan for the field investigation. All investigations will be completed under the direction of a Professional Geologist (PG), Professional Engineer (PE), Certified Hydrogeologist (CHG), or Certified Engineering Geologist (CEG), in accordance with the requirements and applicable governing oversight agency such as LARWQCB, DTSC or local CUPAs. The Work Plan will be based upon our review of site conditions and meetings/discussions with the City. Each Work Plan will include a specific technical scope of work developed to best suit the needs of the project. A draft of the Work Plan will be submitted to the City's Project Manager for review. Once approved by the City, the final Work Plan will be submitted to the appropriate agencies for review and approval, if required. All Work Plans will be reviewed and signed by an appropriate licensed professional (PG or PE) before field implementation. Investigative methods described in the Work Plan may include one or more of the following: Waste Profiling: Containers of unknown contents are often discovered on industrial facilities associated with properties. Leighton's team is well trained and equipped to perform inspection, profile sampling, and characterization of chemical storage containers, such as tanks, drums, and other vessels. We realize that these assessments are often required on an expedited basis and our staff is prepared to respond immediately to your needs. evaluation of the data generated and will oversee direct push drilling subcontractors in the completion of soil gas investigations, when required. Soil gas investigations will be completed in accordance with RWQCB/DTSC guidelines and requirements. When necessary, Leighton will work closely with Dr. Heriberto Robles of Enviro-Tox Services to assess the potential for vapor intrusion into buildings/ structures and the associated health risks of identified contaminants. Trenching: Trenching is a cost-effective alternative often used for shallow soil characterization and to assess presence of or levels of contamination. Trenching activities will be supervised by Leighton personnel, under our current Cal/OSHA trenching permit. If potentially contaminated soils are encountered during excavation, Leighton will first notify the City, and then once approved accordingly notify the South Coast Air Quality Management District (AQMD) under our various locations Rule 1166 permit for soil excavation, or other applicable agencies, depending on the project location. Drilling: We understand that drilling soil borings or installing groundwater monitoring wells may be required under this contract. Having significant experience in California spanning more than 57 years, we understand the regional subsurface geologic and hydrogeologic conditions and can select the most appropriate drilling methods for each project based upon this knowledge. On most properties, we would utilize a direct push rig to collect soil and initial grab groundwater samples. This field methodology is less intrusive and considerably more cost-effective than drilling with hollow -stem auger drill rigs, and generates relatively little investigation derived waste (IDW) for disposal. Where permanent groundwater monitoring wells Geophysical Investigations: When appropriate, are required, Leighton will primarily use hollow - Leighton will work with approved subcontractors stem auger drilling equipment to advance soil to complete geophysical surveys. Subsurface borings for well installation. We have overseen geophysical techniques can also be applied to screen the installation of thousands of groundwater locations prior to other invasive work, such as drilling monitoring wells from single completions in shallow and trenching. water bearing units to multi -nested completions Direct Push Soil Sampling/Soil Gas Surveys: in confined and multilayered aquifers. We have designed and installed monitoring wells intended Leighton has completed hundreds of soil, groundwater, and soil gas investigations using for the recovery of various contaminants including direct push field equipment to evaluate the petroleum hydrocarbons, VOCs, various light non - aqueous phase liquids (LNAPLs — floating product), presence, concentrations, and extent of petroleum hydrocarbons, heavy metals, VOCs, methane and dense non -aqueous phase liquids (DNAPLs), other contaminants that may be encountered on and other dissolved compounds. Prior to any monitoring well installation, Leighton will obtain properties. This technology has been increasingly important in recent years due to concerns of potential necessary permits from the appropriate regulatory vapor intrusion into above -ground structures and agencies and register wells with the Department of Water Resources (DWR) as required. Drilling will is often a critical component of evaluating potential health risks. Our personnel are well versed in the be performed under the oversight of a PE or PG implementatiGA Qf thiS hA9I9qYoc W911 @& the registered in the State of California. City Council 16 — 288 10/18/2022 Leighton 10 Sampling: Soil and or groundwater sampling will be conducted in accordance with federal, state, and local guidelines with the objective of obtaining representative samples of the subsurface materials. No two projects are alike, each requiring a thorough review of background information to establish an appropriate sampling plan. Some projects will allow for standard 3-volume well purging, while others call for low -flow purging. Leighton will include a site -specific sampling plan as part of the work plan. This sampling plan will identify the media to be sampled (e.g., soil, water, soil gas, etc.), the sampling procedures (e.g., drilling, trenching, push probe, monitoring well, etc.), the sample container (e.g., glass jars, brass sleeves, EncoresTM, VOA vials, etc.), preservatives, sample handling, QA/QC objectives and chain -of -custody procedures. Decontamination/Disposal and Manifesting: Field equipment including drilling equipment, sampling materials and anything that may be introduced into the soil or groundwater will be decontaminated before use and between sampling points by washing in a mixture of liquinox (or similar) and water, rinsing in potable water, final rinsing with deionized water and be allowed to air dry. Investigation derived waste (IDW) and soil/groundwater generated during field investigations will be contained in 55-gallon DOT approved drums, appropriately labeled and transported under manifest to a permitted waste handling facility. Waste manifests will be signed by the City prior to transportation of the waste. Leighton will not store any hazardous substances for more than ninety (90) days, will not permit any accumulations in excess of the small quantity generator exclusion of 40 CFR Part 261, and will report to the appropriate regulatory agency any discharges or releases identified, but only upon approval from the City. Quality Assurance/Quality Control Quality Assurance/Quality Control is a vital part of any site investigation. Field activities will be conducted in accordance with the Leighton corporate QA/QC Plan. In addition, we will perform our services in accordance with project specific QA/QC requirements as addressed during the initial kick-off meeting for the project. Laboratory QA/QC will be performed for each method of analysis as required for the test method. The QA/QC data will be reported in summary form and include a description of the constituent, the specific test method, the date, the detection limit of the specific test method, the percent accuracy, the percent precision, and the signature of the laboratory manager or director. These forms will be included in the laboratory reports included as appendices to the final site investigatinn rannrtc Tarhniral reports will Utyigmd[1 v ld stamped by a PG or PE. As an additional QA/QC measure, it is Leighton's' policy that all technical reports be reviewed by an independent (in-house) senior registered professional (PG or PE) not actively engaged in the project prior to final submittal. Site Investigation Reports Leighton will analyze field and laboratory data, and prepare a detailed site investigation report describing the various tasks of the investigation, including field and laboratory data, findings, conclusions, and recommendations. As projects vary in size and complexity, report format and appropriate illustrations will be discussed with the City before and during report preparation to ensure the reports will present the information accurately and effectively, based upon City needs. All appropriately illustrated reports (site maps, cross -sections, iso-concentration maps, groundwater gradient maps, etc.) will be organized in accordance with the requirements of the RFP and other project specific requirements. The reports will be signed by those who prepared it, and signed and stamped by the California -registered professional (PG or PE) overseeing the project. All technical reports will be issued draft reports to review and provide comments, prior to finalization. �I I�0, 001 Leighton 11 EXHIBIT B City Council 16 — 290 10/18/2022 %/o Lei hton FEE SCHEDULE TERMS AND CONDITIONS • Expiration: This fee schedule is effective through December 31, 2022, after which a 3% escalation will be applied annually. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 10%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable within 30 days of receipt in United States dollars. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) • determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double- time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours perday. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eighthours. Project time accrued includes portal to portal travel time. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project - specific permits and/or licenses, project -specific hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical- laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of City Council 16 — 291 10/18/ 022 g Fee/2022- X www.leightongroup.com Page 4 of 4 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Arc Flash Analysis and Safety Program Development AGENDA TITLE Approve Agreements with P2S, Inc. and SMAART POWER for Arc Flash Analysis and Electrical Safety Program Development for a Total Amount not to Exceed $500,000 for up to a Five -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with P2S, Inc. and SMAART POWER, LLC for arc flash analysis and electrical safety program development for a three- year period, beginning October 18, 2022 and expiring October 17, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The Division utilizes numerous industrial control panels such as motor control centers, remote terminal units, switchboards, and programmable logic computers to control the various mechanical components of the water and sewer system, including the supervised control and data acquisition (SCADA) system. Ensuring the reliability of the electronic equipment, and the safety of those utilizing it, is of the highest importance to the Water Resources Division (Division). With an arc flash hazard assessment, the Division can continue to gain a better understanding of the amount of energy that could be released from electrical equipment as a result of an arc flash, as well as how to protect employees from potentially dangerous situations. With the information gathered from the assessment(s), the consultants will develop an updated safety program, which will include revised safety and operational protocols and diagrams, for Water Resources' electrical equipment and facilities. On March 8, 2022, the Public Works Agency issued Request for Proposals (RFP) 22-027 for an arc flash safety analysis and development of an updated electrical safety program. The RFP was advertised on the City's online bid management and publication system City Council 17-1 10/18/2022 Agreement for Arc Flash Analysis and Electrical Safety Program October 18, 2022 Page 2 with bids due on April 7, 2022. System records indicate 60 vendors were notified and 16 vendors downloaded proposal files. Six proposals were received and evaluated by a selection committee comprised of City staff from the Water Resources Division. Based on the criteria as outlined in the RFP, all of the proposals received were categorized as responsive, and their respective scores are as follows: FIRM LOCATION PROPOSAL SCORE P2S, Inc. Long Beach 95 SMART POWER Irvine 93 Commonwealth Associates, Inc. Jackson, MI 82 Delta Systems Irvine 82 Kinectrics AES, Inc. Ontario, Canada 81 Yao Engineering Pasadena 81 In accordance with the RFP scores, staff recommends entering into agreements with P2S, Inc. and SMART POWER for an arc flash safety analysis and development of an updated electrical safety program for the Water Resources Division (Exhibits 1 and 2). The proposals demonstrated high levels of technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in Fiscal Year 2022-23 and will be budgeted in future fiscal years, including the renewal option, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year: Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Contract (3-Year Term) Water Utility Production 2022-23 06017640-62300 Water Fund & Supply, Contract $100,000 Services -Professional Water Utility Production 2023-24 06017640-62300 Water Fund & Supply, Contract $100,000 Services -Professional Water Utility Production 2024-25 06017640-62300 Water Fund & Supply, Contract $100,000 Services -Professional City Council 17 — 2 10/18/2022 Agreement for Arc Flash Analysis and Electrical Safety Program October 18, 2022 Page 3 Fiscal Accounting Unit Fund Accounting Unit, Year - Account # Description Account Description Amount Optional Two -Year Extension Water Utility Production 2025-26 06017640-62300 Water Fund & Supply, Contract $100,000 Services -Professional Water Utility Production 2026-27 06017640-62300 Water Fund & Supply, Contract $100,000 Services -Professional Total: $500,000 EXHIBIT(S) 1. Agreement with P2S, Inc. 2. Agreement with SMAART POWER Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 3 10/18/2022 AGREEMENT WITH P2S, INC., TO PROVIDE ARC FLASH ANALYSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between P2S, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 21, 2022, the City issued Request for Proposal No. 22-023, by which it sought a Contractor to provide arc flash analysis and electrical safety program development for the Public Works Agency Water Resources Division. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-023. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 22-023, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide arc flash analysis and electrical safety program development under RFP 22-023. The total compensation for these services provided by all such contractors selected under RFP 22-023 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and Zero Cents ($500,000) during the term of the Agreement, including any extension periods. 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. 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. e1of9 City Council 17 — 4 10/18/202 3. TERM This Agreement shall commence on the date first written above and terminate on October 17, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the 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. e2of9 City Council 17 — 5 10/18/202 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its e3of9 City Council 17 — 6 10/18/202 officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby e4of9 City Council 17 — 7 10/18/202 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. e5of9 City Council 17 — 8 10/18/202 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. e6of9 City Council 17 — 9 10/18/202 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, e7of9 City Council 17 — 10 10/18/202 interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. 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: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 e8of9 City Council 17 —11 10/18/202 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: P2S, Inc. Attn: Aravind Batra, Vice -President, Principal 5000 East Spring Street, Suite 800 Long Beach, CA 90815 A party may change its address by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager P2S, INC.: X� Kevin Peterson President + CEO e9of9 City Council 17 — 12 10/18/202 EXHIBIT A City Council 17 — 13 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT Appendix ATTACHMENT 1: SCOPE OF WORK City Council Arc Flash Analysis and Electrical Sa ty; ram Development 10/18/2022 Page 13 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27,2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City of Santa Ana Public Works Agency Water Resources Division is soliciting proposals from qualified industrial firms to provide arc flash analysis and electrical safety program development services that include short circuit analysis, protective device coordination analysis, arc flash hazard analysis, interrupt rating analysis and a customized electrical safety program. B. CONTRACTOR RESPONSIBILITIES The Contractor shall provide all labor, materials, services, and equipment necessary for the complete installation of electrical systems. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7.00 A.M. to 5.00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City's Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes. C. SCOPE OF SERVICES The Contractor shall provide all transportation, labor, materials and equipment necessary to provide arc flash analysis and an electrical safety program for the following types of facilities; Water Booster Stations, Sewer Lift Stations, Water Reservoir Sites, Pressure Control Stations, and Water Well Sites. The Contractor shall provide the following scope of services: 1. FIELD COLLECTION OF DATA The Contractor shall perform on -site field collection of the data from the various site locations at the City of Santa Ana. The Contractor shall determine the arc -flash incident energy levels and the flash protection boundary distances for all listed facilities based on the results of the City Council Arc Flash Analysis and Electrical S47t7_01 gram Development 10/18/2022 Page 14 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT short circuit and coordination studied. In addition, the Contractor shall perform the arc flash analyses under the worst case arc flash conditions and all modes of operation. All necessary information shall be gathered and all electrical systems shall be analyzed from the utility connection point to the equipment connection points. The Contractor's field technicians and service engineers shall perform all work in accordance with the latest National Fire Protection Agency (NFPA) 70E and Institute of Electrical and Electronics Engineers (IEEE) Standard 1584 guidelines. The Contractor shall provide but is not limited to the following services for each facility: • Field collection of data on all existing facilities electrical equipment o Assume that any drawings or documentation that exists may or may not aid in the collection or analysis • Verify all one line diagrams, if available. If not available, the Contractor shall generate the appropriate detailed and accurate one line diagrams. o All discrepancies found in existing one line diagrams shall be brought to the City's attention as a drawing markup • One line diagram information shall include: o Electrical structures o Voltages at each point o Short circuit available at each point o Horsepower ratings of each motor a City of Santa Ana's standard names of all panels and equipment 2. ARC FLASH ANALYSIS The Contractor shall provide an in-depth power systems short circuit, coordination study and arch flash analysis of the City's facilities. The assessment shall include but are not limited to the following: 1. Short circuit study to determine the levels of current that flow in the electrical system under fault conditions. 2. Protective device coordination and interrupt rating studies to determine proper settings of protective devices. The short circuit study and the coordination study shall precede the arch flash analysis. 3. The Contractor shall determine the level of incident energy at each switchboard, motor control center (MCC), panel board, remote terminal unites (RTU), variable frequency drive (VFD) panels and other electrical equipment requiring analysis. Current NFPA and IEEE standards shall be utilized to yield arc -flash hazard results which comply with the latest industry standards. a. Arch flash assessments shall include each operating mode for the power system to ensure correct incident energies are calculated for all system conditions. 4, The Contractor shall determine if the motor control buckets can be hot swapped and indicate as such on the MCC arc flash 70E labels or specify on the general use City Council Arc Flash Analysis and Electrical S ty P ram Development 10/18/2022 Page 15 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT electrical safety labels. 5. The Contractor shall perform the arc -flash hazard analysis whenever design implementations occur or circuit power arrangements are changed. 6. The Contractor shall indicate problems discovered while performing the studies and must include the following details: a. Recommendations to mitigate arc flash hazards in all categories b. Identification of circuit protective devices with insufficient interrupt ratings c. Identification of circuits not property coordinated d. One -Line drawings of all equipment surveyed e. Table of calculated arc flash data f. Coordination curves g. And any other pertinent data 7. Arc flash calculations shall be performed on systems above 208/240V downstream of 125kVa and bigger transformers per IEEE 1584. 8. The Contractor shall provide arc flash hazard labels for equipment. The labels provided shall inform workers of the personal protective equipment (PPE) required to work on a given piece of equipment or when the hazard level exceeds a safe work condition following the guidelines below: a. Affix labels to all 70E Rated Category 1 and above electrical fixture and at a minimum the labels should indicate the following: • Arch flash boundary • Restricted approach distance • Limited approach distance . Calorie Rating • Normal Voltage • Glove class • PPE Category • Incident energy • Upstream over -current protective device • Device name and assessment date • On MCCs, labels should indicated if MCC buckets can be hot swapped 3. ARC FLASH ANALYSIS DELIVERABLES After completion of the arc flash analysis, the Contractor shall provide a complete report for all facilities which shall contain, at a minimum, the following: 1. Background description of the site, objective, and the scope of the study 2. Basis of the analysis 3. Executive summary with conclusions and recommendations (referring to reducing the arc flash hazard category to two or below and any other ways to enhance worker safety) 4. Coordination plots and protective device curves 5. Single -line diagrams City Council Arc Flash Analysis and Electrical Sad ty;igram Development 10/18/2022 Page 16 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT 6. In tabulation format list the following: • Device • Device name • Bus name • Bus kV • Protective • Bus bolted fault • Protective device arc fault • Trip/delay time • Duration of arc • Arc type • Arc flash boundary • Working distance • Required limited and restricted approach • Incident energy • Cal/cm2 • Conduit sizes • Switchgear data • Required PPE 7. Hazard/Risk categories for the calculated incident energy levels 8. The flash protection boundary of the equipment involved/evaluated 4. CUSTOMIZED ELECTRICAL SAFETY PROGRAM The Contractor shall review the City's existing electrical safety program in APPENDIX A: CITY OF SANTA ANA ELECTRICAL SAFETY PROGRAM and develop an up-to-date electrical safety program complaint with the latest NFPA 70E publications. The Contractor shall incorporate shall include but is not limited to the following elements in the up-to-date safety program: 1. ROLES, RESPONSIBILITIES & AUTHORITIES a. Identifies the roles and responsibilities of parties involved b. Outside contractor obligations in relation to the City's Electrical Safety Program c. Clarification on the difference between unqualified and qualified personnel 2. REQUIREMENTS a. Requirements that will be needed to be in compliance with the latest NFPA 70E and California OSHA regulations 3. PERFORMANCE MONITORING, MEASUREMENT & EVALUATION a. Specification of general work practice controls on energized and de -energized equipment b. Documentation for energized electrical work permit policies and procedures c. Documented protocols for de -energizing and lock out/tag out City Council Arc Flash Analysis and Electrical Sa ty�� ram Development 10/18/2022 Page 17 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT d. Document alerting techniques and methods for the notification of approach and flash boundaries 4. PERSONAL PROTECTIVE EQUIPMENT a. Documentation for the use of PPE by qualified employees b. Electrical safety requirements for any special equipment 5. MAINTENANCE a. Consider the condition of the maintenance of the equipment and it's component parts 6. AWARENESS & COMPETENCE a. Document how employees must follow the policies and effectively implement the procedures 7. ELECTRICAL SAFETY PROGRAM CONTROLS a. Document how the Electrical Safety Program shall identify the controls from which it is measured and monitored b. Document which metrics could be used 8. GENERAL RISK ASSESSMENT a. The Electrical Safety Program should identify the steps that employees must take where the risk of injury from electrical hazards are unacceptable 9. JOB BRIEFING a. Specify how the employee shall perform job briefing before starting each job and the potential hazards associated with to discuss in addition to the required PPE and any special precautions. 10. ELECTRICAL SAFETY AUDITING a. Document how the Electrical Safety Program shall be audited to verify that the procedures and principles within the program are in compliance with NPFA 70E. b. Document how field work shall be audited to verify the requirements within the safety program are being followed. 11. TRAINING REQUIREMENTS a. Specify how often employees shall be trained to identify and understand the relationship between electrical hazards and the possibility of injury b. State the types of training that will be required i) Classroom Arc Flash training ii) Emergency Response Training (contact release, first aid, etc.) iii) Qualification for electrical work c. Training verification and documentation by the employer 12. SUPPORTING FORMS City Council Arc Flash Analysis and Electrical ty—Pt1 ram Development 10/18/2022 Sa Page 18 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT a. Qualified person verification form b. Qualified person in -field and annual inspection form c. Arch flash and shock risk assessment form d. Job briefing form e. Energized electrical work permit f. Contractor/Host employer checklist form The Contractor shall provide any additional recommendations to be utilized in the City's safety program. 5. ELECTRICAL SAFETY PROGRAM TRAINING The Contractor shall provide training services to promote electrical safety and the proper use of PPE in accordance with guidelines required in arc flash hazards category 0 through category hazard 4 as well as specified in the customized electrical safety program. The Contractor shall prepare training programs containing but not limited to the following subjects and conduct training annually or upon request: ft �1►� �.Z�]�I�I�liC�7`I i) Terms and definitions (70E and OSHA) ii) Hazards of Electricity 1. Shock 2. Arc 3. Blast 2. PERFORMING AN ELECTRICAL HAZARD ANALYSIS i) Determining nominal voltage ii) Shock Approach Distances iii) The Arc Flash Boundary iv) Determining PPE if no Arc Flash Hazard Analysis is performed v) How to choose PPE based on the hazard vi) Hazard vs. risk 3. PERSONAL PROTECTIVE EQUIPMENT (PPE) i) Inspection, maintenance and testing of 1. Head and hearing protection 2. Eye and face protection 3. Hand and foot protection ii) Arc flash protection iii) Types of clothing iv) Use of dielectric footwear v) Rubber protective equipment vi) Gloves vii) Blankets and shields viii)Using the NFPA 70E tables properly City Council Arc Flash Analysis and Electrical SaIlty—Aram Development 10/18/2022 Page 19 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT ix) Determining the correct arc rating of PPE x) Using NFPA 70E Annex H, "Guidance on Selection of PPE" 1. Simplified two -category system 2. Guidance on selection of PPE when an Arc Flash Hazard Analysis is performed 3. Use of 8 and 40 cal/cm2 PPE 4. ENERGIZED WORK i) Energized electrical work policy ii) Guarding energized electrical equipment iii) Energized Electrical Work Permits 1. Exceptions (ii) Establishing a safe work zone 5. DE -ENERGIZED WORK i) Placing equipment in an Electrically -Safe Work Condition ii) Lock Out/Tag Out (LOTO) iii) Switching procedures iv) Clearance orders v) Safety Electrical One -Line Diagrams vi) Identifying "Look -Alike" equipment vii) Use of voltage detection equipment 1. Selection of the proper voltage tester 2. Limitations of common voltage testers 3. Verifying meter operation before use 4. Choosing the correct PPE 5. Safe operation and use 6. Verifying meter operation after use 7. Induced voltages vs. back feeds 8. Testing taped connections 9. Specific Equipment Hazards a. Circuit breakers and switches b. Transformers c. Instrument transformers 6. HANDS-ON SESSIONS i) Inspecting PPE and insulated tools ii) Interpreting Arc Flash Hazard Labels iii) Proper use of the NFPA 70E Tables and Standards iv) Performing a job hazard analysis (JHA) v) Qualified Person Training on Electrical Safe Work Practices & Arc Flash per OSHA and NFPA 70E specifications vi) Choosing and using voltage detection equipment D. CODE COMPLIANCE City Council Arc Flash Analysis and Electrical S ty gram Development 10/18/2022 Page 20 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • Institute of Electrical and Electronics Engineers (IEEE) • National Electrical Code (NEC) standards • National Fire Protection Agency (NFPA) • American Society of Testing and Materials (ASTM) • International Electrical Testing Association (NETA) • State Department of Industrial Safety (CAL/OSHA) E. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long-term tasks if any. F. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. G. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. H. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): City Council Arc Flash Analysis and Electrical SlZtT F��ram Development 10/18/2022 Page 21 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT 1) Labor................................................................................................20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.......................................................... 15 I. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications- 1 - All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in providing industrial control panel building services. 3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete work as specified. J. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor Under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. K. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. L. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section IV.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. City Council Arc Flash Analysis and Electrical Sa ty ram Development 10/18/2022 Page 22 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City Council Are Flash Analysis and Electrical Sal9ty ram Development 10/18/2022 Page 23 EXHIBIT B City Council 17 — 25 10/18/2022 P�S ENG 5000 EAST SPRING STREET, SUITE 800 LONG BEACH, CA 90815 P2SINC.COM City of Santa Ana Public Works Agency Arc Flash Analysis And Electrical Safety Program Development STATEMENT OF QUALIFICATIONS ENGINEERING SERVICES RFP NO.: 22-023 JUNE 2, 2it 2Cpncil 17 — 26 10/18/2022 P2SENG June 2, 2022 Attn: Armando Fernandez, Project Manager City of Santa Ana Subject: Arc Flash Analysis And Electrical Safety Program Development Public Works Agency RFP NO.: 22-023 220 S. Daisy Avenue, Bldg A Dear Selection Committee, Santa Ana, CA 92703 Thank you for this opportunity to submit our proposal and qualifications to provide electrical engineering services for an Arc Flash Analysis And Electrical Safety Program Development for equipment assets owned and operated by the City of Santa Public Works Agency. We have reviewed the RFP and are confident that P2S has the history and experience in performing these studies and analysis, and that our selected team of engineers will complete the tasks listed on the RFP on time and in accordance to your standards. P2S is familiar with water facilities. We've worked with different authorities and municipalities since 2005, on projects including arc flash analyses and studies, as well as electrical systems design. Our engineering staff includes a licensed water treatment and distribution operator J2 and D2) who has worked in water operations for more than 10 years. Additionally, P2S has been providing engineering design and services for over 31 years. These include arc flash studies for the Palmdale Water District, City of Anaheim Water Department, and Elsinore Valley Municipal Water District, as well as power system upgrades for many municipal, industrial and education clients. The team selected for this project are responsive and dedicated to support your staff. Agreement Statement P2S has only one concern regarding the provisions contained in the standard agreement. On item 7 e (4), P2S can only provide additional insured endorsements on general liability and automobile policies. We cannot add others to our professional liability or workers' compensation insurance. Otherwise, P2S is prepared to execute the contract as written. We sincerely believe you will find that P2S has the right people, expertise, and track record to become a valuable engineering partner for the City of Santa Ana Public Works Agency. Sincerely, G ____MN Aravind Batra, PE, LEED AP, LC P2S Inc. Vice -President, Principal 5000 East Spring 9reepStue n7j, O 564J+97.2999 Q P2SI)C.COR7 10/18/2022 Long Beach, CA 90815 Section 1 C Firm and Team Experience City Council 17 — 28 10/18/2022 TEAM EXPERIENCE CITY OF SANTA ANA PUBLIC WORKS P2S INC. ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM ORGANIZATION CHART The organization chart below shows the key personnel that comprise our team. Individual resumes for each team member are also included on the following pages with relevant project experience. h1:LV/1►1P]%1111:Z1 PE, LC, LEED AP BD+C Principal in Charge, Senior Electrical Engineer Availability:10% DANIEL IHLENFELDT PE, LEED AP BD+C Project Manager, Electrical Engineer Availability: 50% MARCO CABIBBO HAMPTON TEDDER ELECTRIC AARON CHEE PE, LEED AP BD+C Senior Electrical Engineer Quality Control Availability: 30% PE, LC, LEED AP BD+C Senior Electrical Engineer Availability: 30% City Council 17 — 29 10/18/2022 CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM PHONE o n FAX (909) 628-1253 4 0 O ° O O ° ° (909) 628-6375 H gh Vd t age Emergency response Teams ... Will Economically Solve Your Power Failure Problems and Restore Your Electrical Service in a Minimum of Down Time! "Recognized as the leading Experts in Nigh Voltage for 46 Years" Partial List of Satisfied Customers • RMI Utility Services • Arco Refinery • Mammoth Mountain Ski • Knotts Berry Farm • City of Vernon • St. Bernardine Hospital • USC Medical Center • Warner Bros. Studio • Saddleback Community College • Northrop Aircraft • So. California Edison • Pomona Valley Hosp. • Tamco Steel • Anaheim School District • Nevada Power Co. • City of Pasadena ##ISenriceslnclude 480ro500,000Yolts 24-Hour Emergency Response Teams (909) 628-1253 • Certified High Voltage Cable Splicers, Cable Fault Locators and Troubleshooters. • Vehicles stocked with High Voltage components for immediate installation. • High and Low Voltage Cable — IN STOCK! • Transformers, Switches, Circuit — IN STOCK! • Emergency Generators — IN STOCK! • Quick Response Times, Quality Work, Competitive Pricing. Mo- tcla+,r, CA SC+AcR/ 1958 (909) 628-1253 4571 State Street Montclair, CA 91763 maintenance Testing & Engineering • No Outage — Maintenance Services • Maintenance & testing for: Transformers, Switchgear, Motors, Circuit Breakers, Oil Analysis, P.C.B's, Infrared surveys. • Certified Test Technicians Using Calibrated Equipment • Protective Relay Calibration & Acceptance Testing. • Ground Fault Protection Certification. • Protective Device Coordination Studies, Single Line Diagrams and Short Circuit Analysis. coyaI�n HIGH VOLTAGE vam wv LOCATIONS ELECTRICAL SPECIALISTS MONTCLAIR, CA - Corporate Headquarters • Turn key installations of underground and overhead LAS VEGAS, NV electricals ri u �n sys ems. • Desinn an �V �IICI� 500.000 Volt) 7 — 30 ALBUQUER10. � 022 TEAM EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM EDUCATION BS, Electrical Engineering, Bangalore University, India REGISTRATIONS Electrical Engineer, California, E16609 CERTIFICATIONS • LC Credential, National Council on Qualifications for the Lighting Professions (NCQLP) • LEED Accredited Professional AFFILIATIONS • AEE • IEEE • IESNA • USGBC ARAVIND BATRA PE, LC, LEED AP BD+C Principal in Charge, Senior Electrical Engineer I P2S Inc. Aravind Batra has over 25 years of experience in consulting engineering covering both renovation and new construction. He currently serves as Vice President where he helps to continuously assure P2S quality standards. Aravind brings an in-depth knowledge of electrical systems and their requirements to numerous needs assessments, systems upgrades, renovations and new building projects for various educational, municipal, commercial and industrial clients. He is also responsible for the design of numerous high performance buildings, independent reviews of various types of buildings, and providing peer review on various renovations and new buildings projects for educational, industrial and commercial facilities. Aravind has been involved with developing sustainability master plans for various clients addressing their energy efficiency opportunities, their facilities impact on the atmosphere, sustainable sites, water use efficiency, waste management and high-performance green building issues. He has also been instrumental in developing electrical standards for various facilities that promote energy efficient designs and help the clients standardize their systems and equipment to reduce operational and maintenance costs. RELEVANT PROJECT EXPERIENCE • Port of Long Beach Electrical Design Guidelines Long Beach, CA • Port of Long Beach Pier E Transload Equipment Power Long Beach, CA • LA Southwest College High Voltage Maintenance Arc Flash Study Culver City, CA • City of Monrovia Arc Flash Study Monrovia, CA • UC Davis Medical Center Coordination and Arc Flash Study Sacramento, CA • Cal Poly Pomona Coordination and Arc Flash Study Pomona, CA • Crafton Hills College Coordination and Arc Flash Study Yucaipa, CA • LA Southwest College Switchgear Maintenance and Arc Flash Study Los Angeles, CA • San Bernardino Community College District Arc Flash Study Yucipia, CA • CSU Monterey Bay Arc Flash Study Monterey Bay, CA City Council �-J 17-31 10/18/2022 TEAM EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM EDUCATION BS, Engineering, Harvey Mudd College, Claremont, CA, 2011 REGISTRATIONS Electrical Engineer, California, E 21072 Electrical Engineer, New Mexico, 26253 CERTIFICATIONS • LEED Accredited Professional, Building Design + Construction (LEED AP B D+C) DANIEL IHLENFELDT PE, LEED AP BD+C Project Manager, Electrical Engineer I P2S Inc. Daniel Ihlenfeldt is a professional electrical engineer with six years of experience including power, analog and digital electronics, cryogenic and high-pressure engineering systems. He has experience with load flow calculations, shore power outlet design and ductbank and power routing for the Port of Long Beach and has performed transformer evaluation, site electrical model development and protection coordination studies for university campus electrical upgrades. Daniel has designed underground electrical systems including conduit sizing, conduit fill calculations and voltage drop considerations. For industrial construction projects, he has designed 480V and 208/120V distribution systems including load balance calculations, short circuit fault current calculations, circuit protection equipment and conductor sizing calculations. He has provided electrical drawings for plan submittals to government building plan and fire safety plan offices, as well as outdoor lighting design for medical campus substation upgrades. AFFILIATIONS RELEVANT PROJECT EXPERIENCE • Institute of Electrical and Electronics Engineers (IEEE) City of Corona • Tau Beta Pi, Engineering Medium Voltage Distribution System Honor Society Evaluation Corona, CA • Relativity Space Arc Flash Study Long Beach, CA • UC irvine Primary Electrical Upgrade Irvine, CA • UC Davis Central Plant 12kV Switchgear Upgrades Davis, CA • Loma Linda University Medical Center Unimed Substation Upgrade Loma Linda, CA • Port of San Francisco Pier 70 Ship Yard San Francisco, CA • Powerflex EV Charging Stations Los Angeles, CA • Confidential Client Moffett Airfield Electrical Infrastructure Mountain View, CA • NAVFAC Hawaii PMRF-P416 Naval Facility Power Grid Consolidation Kauai, HI • UC Irvine Medical Center OSPHD Central Plant Expansion/ Emergency Power Upgrades Irvine, CA City Council 7 17-32 10/18/2022 TEAM EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM Pr EDUCATION MS, Electrical Engineering, CSU Long Beach BS, Electrical Engineering, Cal Poly Pomona REGISTRATIONS Electrical Engineer, California, E17508 Electrical Contractor, California, C10 658090 MARCO CABIBBO PE Senior Electrical Engineer, Quality Control I P2S Inc. Marco Cabibbo is an electrical engineer with over 30 years of experience specializing in industrial power systems and instrumentation, and control system design. His experience includes research, design, engineering, construction administration, and project management for an extensive range of facilities including water/wastewater treatment plants, petrochemical refineries, bulk loading plants, motion picture studios, health care and educational facilities. Marco strives to deliver top -tier projects through close collaboration with project stakeholders and equipment manufacturers as well as his extensive field experience in construction, troubleshooting, maintenance and repair. He is a PE, electrician and licensed electrical contractor, certified Grade 2 water treatment and water distribution system operator, and real-time power utility systems operator. Water Treatment Operator RELEVANT PROJECT EXPERIENCE Grade 2, 20440 • Elsinore Valley Municipal Water Distribution Operator Water District Grade 2, 9011 Arc Flash Risk Assessment AFFILIATIONS Lake Elsinore, CA • IEEE • Port of Long Beach • AWWA Infrastructure Assessment • ISA Long Beach, CA • WEF • IASHEP Port of Los Angeles Distribution Center Medium Voltage Infra Upgrades San Pedro, CA • City of Monterey Park Water Utility Well & Booster Station Electrical Upgrades Monterey Park, CA • City of Anaheim Water Department Arc Flash Analysis Anaheim, CA • City of Monrovia Arc Flash Study Monrovia, CA • South Coast Water District Arc Flash Study Orange, CA • Palmdale Water District Arc Flash Study Palmdale, CA • Electrical Training Institute Arc Flash Study Commerce, CA • Pacific Data Electric Arc Flash Study Commerce, CA • TECOM Industries Arc Flash Study Thousand Oaks, CA City Council 8 17-33 10/18/2022 TEAM EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM EDUCATION AARON CHEE PE, LC, LEED AP BD+C Senior Electrical Engineer I P2S Inc. Aaron Chee has provided electrical designs on a wide variety of education facilities. His responsibilities have included power and lighting designs, fire alarm systems, construction support, lighting photometric studies, breaker coordination studies, arc flash studies, power system field surveys, and cost estimates. BS, Electrical Engineering, Aaron's roles have included serving as a project manager, construction California State University administrator and the lead electrical design engineer on several large building Long Beach projects. As a construction administrator, his duties included conducting REGISTRATIONS construction meetings, creating change proposals, submittal reviews, coordination between owner and contractor and technical support. Aaron Electrical Engineer, strives to provide electrical designs that are energy efficient, cost effective, on California E21080 schedule and meet the client's needs. CERTIFICATIONS • LEED AP BD+C RELEVANT PROJECT EXPERIENCE • LC Credential (NCQLP) . City of Monrovia • Palmdale Water District AFFILIATIONS Arc Flash Study Arc Flash Study • IEEE Monrovia, CA Palmdale, CA • UC Davis Medical Center • University of Nevada, Reno Coordination and Arc Flash Study Environmental Research Facility Sacramento, CA Renovation Reno, NV • Cal Poly Pomona Coordination and Arc Flash Study Pomona, CA • Craf ton Hills College Coordination and Arc Flash Study Yucaipa, CA • LA Southwest College Switchgear Maintenance and Arc Flash Study Los Angeles, CA • South Coast Water District Arc Flash Study Orange, CA • San Diego State University Campus Wide Electrical System Assessment San Diego, CA • Aberdeen Proving Grounds Load Flow and Short -Circuit Study Aberdeen, MD • Santa Monica College Math and Science Building Santa Monica, CA City Council 6 17-34 10/18/2022 Section ld Understanding Scope of Services City Council 17 — 35 10/18/2022 UNDERSTANDING SCOPE OF SERVICES P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM UNDERSTANDING SCOPE OF SERVICES The following will be our methodology and approach in executing the proposed Arc Flash Analysis project: GATHERING INFORMATION S PROVIDING RECOMMENDATIONS P2S team will review available record drawings, single line diagrams related to existing site and building systems that are provided as part of the RFQ to determine the project's existing conditions pertaining to the scope of work. A detailed site investigation will then be performed with Hampton Tedder Electrician and Santa Ana Public Works staff to verify all existing site conditions, circuit breaker settings, fuse ratings and check for inconsistencies with code requirements and the aging of any equipment prior to commencing any assessment. All project scope associated equipment like panelboards, switchboards, motor control centers, associated equipment will be surveyed and feeder lengths will be estimated based on engineering judgment and field verification. P2S will coordinate shut down requirement and possibilities with the City staff and utility before the site survey. MODELING AND ANALYSIS P2S team will gather all the information surveyed from the site visit and prepare single line diagrams in ETAP and AutoCAD showing all the information requested in the RFQ. The modeling process can be done simultaneously while the site visits are conducted to expedite the process. P2S will also coordinate with the City to obtain utility contribution information for each site. We understand that obtaining this information may take longer and P2S will work closely with the City account representative and staff to expedite the process. Once the electrical calculation model is completed and finalized, P2S will perform Short Circuit/Coordination and Arc Flash study of all investigated electrical equipment using the created model. This will include preparing time current curves, performing selective coordination for all electrical equipment, calculating incident energy and arc flash boundaries. Based on the short circuit study, P2S will provide a report showing the existing interrupting ratings of all the equipment and provide recommendations for any upgrades required to the system. Based on the coordination study, P2S will provide a report showing the time current curves for all the electrical equipment and provide recommendations for any settings that will need to be changed to achieve desired coordination between overcurrent protective devices in the system. Based on the arc flash study, P2S will provide a report showing the incident energy levels, arc flash boundaries, approach distance, and the required PPE to operate the equipment. 3"x6" Vinyl Arc Flash labels will be provided per IEEE 1584-2018. Labels will contain all information required by Code and RFQ. P2S will prepare as -built ETAP and AutoCAD single line diagrams and provide a copy to the City staff for future use. An NFPA 70E training to maintenance, facilities and other affected staff will be provided on how to interpret the Arc Flash labels. A custom safety program compliant with the current NFPA 70E code will be provided. P2S recognizes that each client and each project have their specific requirements. As such, we will work closely with the City staff to understand the issues before developing workable and cost-effective solutions. Recommended approaches and solutions will be discussed with the staff throughout the study and design phases. P2S will participate in the City staff's meetings and provide updates of the project. City Council 17 — 36 10/18/2022 11 Section le Relevant Project Experience City Council 17 — 37 10/18/2022 RELEVANT PROJECT EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM ARC FLASH PROJECT EXPERIENCE City of Anaheim Water Department, Arc Flash Study The City of Anaheim turned to P2S for a short circuit analysis, protective device coordination and Arc Flash study. The project involved visiting all 21 identified locations and collecting the appropriate data, developing flash protection boundaries for each class of equipment, establishing personal protective equipment (PPE) requirements for each class of equipment, and labeling for each class of equipment. The safety signage included voltage shock hazard, flash hazard boundary, incident energy, PPE level, limit shock approach boundary, and restricted shock approach boundary. Recommendations were compliant with NFPA 70E-2018 requirements. P2S provided training to facility staff. PROJECT DATES: June 2018- December 2018 OWNER CONTACT: Jon Sanks, Environmental Services Manager 714.765.4117, jsanks@anaheim.net Palmdale Water District, Arc Flash Study PROJECT OWNER: City of Anaheim PROJECT TEAM: Aravind Batra, Principal -in -Charge Marco Cabibbo, PM, Electrical Engineer P2S provided electrical engineering services for the Palmdale Water District which included a short circuit, protective device coordination, and Arc Flash Study for 23 groundwater wells and 7 booster pumping stations. Recommendations were compliant with NFPA 70E-2018 requirements. P2S provided training to facility staff. PROJECT DATES: August 2020- December 2022 PROJECT OWNER: Palmdale Water District OWNER CONTACT: Scott L. Rogers, PE, Engineering Manager 661.456.1020, srogers@palmdalewater.org PROJECT TEAM: Aravind Batra, Principal -in -Charge Marco Cabibbo, PM, Electrical Engineer Aaron Chee, Power Systems Engineer Water Facilities Authority, Arc Flash Study P2S performed a comprehensive Arc Flash Analysis for the Water Facilities Authority in Upland, CA. We collected the appropriate data, developed flash protection boundaries for each class of equipment, established personal protective equipment (PPE) requirements for each class of equipment, and safety signage and labeling for each class of equipment. The safety signage and labeling included voltage shock hazard, flash hazard boundary, incident energy, PPE level, limit shock approach boundary, and restricted shock approach boundary. Our recommendations met the prevailing NFPA 70E requirements, compliant with applicable OSHA regulations and IEEE standards. PROJECT DATES: October 2019- March 2020 PROJECT TEAM: PROJECT OWNER: Upland Water Facilities Authority Aravind Batra, Principal -in -Charge OWNER CONTACT: Marco Cabibbo, PM, Electrical Engineer Jake Stepp, Operations Superintendent 909.981.945L+ ext.21, jstepp@wfajpa.org City Council 17 — 38 10/18/2022 13 RELEVANT PROJECT EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM ARC FLASH PROJECT EXPERIENCE Elsinore Valley Municipal Water District, Arc Flash Study To assist Elsinore Valley Municipal Water District in its mission of providing customers with safe, affordable water, P2S provided an Arc Flash Risk Assessment of electrical distribution equipment at over 158 district sites. Our team created a Short Circuit Contribution Report, an Overcurrent Protective Device Coordination Study, an Arc Flash Risk Mitigation Report and a final Arc Flash Risk Assessment Report for the district. We will be conducting (1) 3-hour Arc Flash and Shock Hazard Electrical Safety training session for district electrical and maintenance personnel. Our team collected data, verified equipment in the field, created one -line diagrams and safely obtained equipment information for: distribution equipment types and ratings, conductor sizes, conductor lengths, overcurrent protection, and transformer ratings and impedances. We created power system study models in ETAP, based on the field surveys and verified as-builts. We modeled and analyzed switching configurations for the most conservative results for Short Circuit, Coordination, and Arc Flash. We are now in the final stages of the project as we coordinate with Southern California Edison to obtain the utility's contribution to fault current to complete our final analysis. P2S provided training to facility staff. PROJECT DATES: January 2017- Ongoing OWNER CONTACT: Jon Moore CHST Safety Technician 951.674.3146 x8311, jmoore@evmwd.net PROJECT OWNER: Elsinore Valley MWD PROJECT TEAM: Aravind Batra, Principal -in -Charge Marco Cabibbo, PM, Electrical Engineer Cal Poly Pomona, Arc Flash, Short Circuit and Coordination Studies P2S provided electrical engineering services for campus -wide arc flash, short circuit and coordination studies in accordance with IEEE 1584, NFPA 70E and NEC from the incoming medium voltage utility service down to low -voltage panels. The purpose of the study was to develop a computer model using Electrical Transient and Analysis Program (ETAP) based on the existing single line diagrams, and data gathered during a field survey of the existing equipment ratings, protective device settings and feeder sizes and lengths. The model has used by the program to calculate the system available fault currents and incident energy levels due to arc flash at each of the medium and low voltage distribution panels and prepare device coordination curves for evaluating the existing overcurrent device settings for coordination with upstream and downstream protective devices. The results of the electrical system analysis were used to make recommendations for improved system coordination and arc flash mitigation measures. P2S also provided labels for the medium and low voltage electrical distribution equipment such as medium and low -voltage switchgear, load interrupter switches, MCC and low - voltage panels. P2S provided training to facility staff. PROJECT DATES: February 2015- April 2016 OWNER CONTACT: George A. Lwin, Manager, Energy Services galwin@cpp.edu, 909.869.3034 PROJECT OWNER: Cal Poly Pomona University PROJECT TEAM: Aravind Batra, Principal -in -Charge Marco Cabibbo, PM, Electrical Engineer Aaron Chee, Power Systems Engineer City Council 17 — 39 10/18/2022 14 RELEVANT PROJECT EXPERIENCE P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM SAMPLE ARC FLASH & COORDINATION STUDIES City of Anaheim Water Department Arc Flash Analysis City of Monrovia Arc Flash Study Elsinore Valley Municipal Water District Arc Flash Risk Assessment City Light and Power, Moreno Valley, CA Short Circuit and Coordination Study at MRAB Cal Poly Pomona • Arc Flash, Short Circuit and Coordination Study • Medium Voltage Electrical Infrastructure Upgrades CSU Fullerton Engineering Switchboard Arc Flash, Short Circuit and Coordination Study CSU San Bernardino Arc Flash Study, Short Circuit and Coordination Study for CSUSB Palm Desert Campus CSU Long Beach Arc Flash Study, Short Circuit and Coordination Study CSU Northridge Arc Flash Study, Short Circuit and Coordination Study Certified Alloy Products Arc Flash Study, Short Circuit & Coordination Study Chapman University Arc Flash, Short Circuit and Coordination Study for Campus -wide 12kV Distribution Crafton Hills College Campus -wide Arc Flash, Short Circuit and Coordination Studies Disney Studios • Burbank Studio Lot Arc Flash Study • Prospect Studios Lot Arc Flash Study Loyola Marymount University • New Science Building Short Circuit, Coordination and Load Study • Medium Voltage Switch Short Circuit, Coordination and Load Study Redwood City Electric, Inc. SAVVIS SC9 Arc Flash Analysis Sony Pictures Entertainment Arc Flash Study Spectrolab Site -wide Arc Flash Study San Bernardino Community College Campus -wide Arc Flash, Short Circuit and Coordination Studies Rhodia Chemical Plant, Wilmington, CA Dominguez Plant Arc Flash Study Swift Transportation Corporation Arc Flash Study The Boeing Company Long Beach B47, B52, B74, B75, B78, B98, B800, B801, B802, C13, Douglas Center, Fitness Center Arc Flash and Coordination Studies, • Douglas Center Garden Grove Arc Flash Study • Huntington Beach B16, B17, B20, B21, B22, B28, B30, B31, B32, B33, B37, B38, B39, B40, B41, B42, B43, B44, B45, B45B, B49, B51, C13 Arc Flash and Coordination Studies • Huntington Beach Site Arc Flash Study • Ell Segundo SS01, SS02, SS06, SS07, SS08, SS09, SS14, SS15, SS5A, SS513, S0313, S13, S25, S37, • S49, S50 Arc Flash Study • Mesa, AZ B531 G109, B510, B540, Basalt-13543 Arc Flash Studies VA Palo Alto Health Care System Building 54 Arc Flash Study Water Facilities Authority Upland, CA Arc Flash Study City Council 15 17-40 10/18/2022 Section if References City Council 17 — 41 10/18/2022 REFERENCES CITY OF SANTA ANA PUBLIC WORKS 132S INC. ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT APPENDIX ATTACHMENT 3: PROPOSERS REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications, Attach additional pages if required, The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: City of Anaheim Water Department Address: 201 S Anaheim Blvd, Ste 1101 Anaheim, CA 92805 Contract Amount $27,142 Contact Individual: Jon Sanks Phone Numbec 714-765-4117 Facsimile Number: 714-765-5115 Year: 2018 Description of supplies, equipment, or services provided: The City of Anaheim turned to P2S for a short circuit analysis, rotective device coordination and Arc Flash study. Reference Customer Name: Palmdale Water District Address: 2020 E Ave Q Palmdale, CA 93350-4038 Contract Amount: $37,528 Contact Individual: Scott Rogers Phone Number: 661-456-1020 Facsimile Number: 661-947-8604 Year: 2020-2022 Description of supplies, equipment, or services provided: P2S provided electrical engineering services for the Palmdale Water District which included a short circuit, protective device coordination, and Arc Flash Study for 23 groundwater wells and 7 booster pumping stations. R afa ra n n" Customer Name: Water Facilities Address: 1775 N Benson Upland, CA 91784 Contract Amount: $35,991 Description of supplies, equipment, or services provided. Contact Individual: Jake Stepp Phone Number: 909-981-9454 ext 21 Facsimile Number: 909-981-9454 Year: 2019-2020 City of Santa Ana RFP 22-023 Arc Flash Analysis and Electrical Safety Program Development City Council 17 17-42 10/18/2022 REFERENCES P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT P2S performed a comprehensive Arc Flash Analysis for the Water Facilities Authority in Upland, CA Reference Customer Name- Elsinore Valley Municipal Water District Contact individual: Jon Moore Address. 31315 S Chaney St Phone Numbers 951-674-3146 ext 8311 Lake Elsinore, CA 92530 Facsimile Numbers 951-674-9872 Contract AMOunf; $272,606 Year: Ongoing Description of supplies, equipment, or services provided: P2S provided an Arc Flash Risk Assessment of electrical distribution equipment at over 158 district sites THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 22-023 Arc Flash Anaivsis and Electrical Safetv Proaram Develooment City Council 17 — 43 10/18/2022 Section 2 Scope Of Services City Council 17 — 44 10/18/2022 SCOPE OF SERVICES P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM SCOPE OF SERVICES We understand that the scope of the project includes performing arc flash hazard analysis, short circuit interrupting rating analysis, analyzing overcurrent protection coordination, calculating incident energy at each site and determining the arc flash boundary and calorie rating. We understand that the purpose of this analysis is to identify safe work zones and high -risk arc flash areas within the electrical system and recommend mitigation strategies for discovered and known hazards. The study will also provide Personal Protective Equipment (PPE) recommendations in compliance with NFPA 70E. The study will be performed in accordance with IEEE 1584-2018. We understand that we will be responsible to collect all the data from approximately 12 sites and confirm the information provided in the drawings and gather any additional information. P2S will not rely solely on the drawings and documentation provided to us and will verify each and every aspect for the study. We understand that the field investigations may need to be performed on live equipment and if the equipment needs to be de -energized, P2S will work with the schedule to identify shut down possibilities on a case by case basis. P2S will also work with the assigned City of Santa Ana Public Works executive account representative to obtain all the utility contribution data for each site as required to complete the study. We will provide the arc flash labels for all the electrical equipment to be installed by the electricians, however, P2S will be available to support this effort, if deemed necessary at the completion of the project. P2S has extensive experience in performing short circuit, coordination and arc flash study for water and wastewater. We understand the need for safety in electrical systems and will provide complete engineering solutions based on our analysis. P2S has also conducted arc flash and shock hazard electrical safety training sessions for various electrical and maintenance personnel for various projects and can provide this service to City of Santa Ana Public Works. P2S has provided custom NFPA 70E compliant safety programs to water districts and will review and provide an updated custom safety program to the City of Santa Ana Public Works. Our deliverables for this project will include: 1. Field investigation reports for all surveyed sites. 2. Complete single line diagrams for all the proposed sites showing all relevant information (in CAD and PDF). 3. Electronic version of the Arc Flash Model prepared by P2S as a raw file. 4. Complete report for all facilities in PDF format including all the information described in Attachment 1 of the RFP. 5. Printed Arc Flash Labels to be installed on equipment in study scope. City Council 17 — 45 10/18/2022 20 Section q Certifications City Council 17 — 46 10/18/2022 CERTIFICATIONS CITY OF SANTA ANA PUBLIC WORKS P2S INC. ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM CITY OF SANTA ANA RPP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed wfth any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, ❑r to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note Signed The above Non -collusion Affidavit is park of the Proposal. cautioned that making a false certification may subject criminal pr ec n. State of California County of Los Angeles BIDDERS are the certifier to Subscribed and sworn to (or affirmed) before me on this 31 day of May , 2022, by Brenda Donnelly , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal ON88Et+aA OC1M NELLY atary Publk -California Los Angeief Cgpnty C Commiss ion f 2284350 My Comm, Expires Apr S, 2021 City of Santa Ana RFP 22-023 Arc Flash Analysts and Electrical Safety Program Development Page 38 City Council 17 — 47 10/18/2022 CERTIFICATIONS P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM 4 President & CEO P2S, Inc 5/24/22 City Council 17 — 48 10/18/2022 23 CERTIFICATIONS CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract. certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, refigion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotlon, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that ail qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her gooks, 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. 5. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or Clty of Santa Ana RFP 22-023 Are Flash Analysis and Electrical Safety Program Development City Council 17 — 49 10/18/2022 24 CERTIFICATIONS P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM President & CEO P2S, Inc 5/24/22 City Council 17 — 50 10/18/2022 25 ENC 0 0UA EX5You XJ Contact Aravind Batra, PE, LC, LEED AP BD+C Vice -President, Senior Electrical Engineer O: 562.497.2999 E: aravind.batra@p2sinc.com p2sinc.com Our Locations Long Beach 5000 E. Spring Street, Suite 800 Long Beach, CA 90815 T: 562.497.2999 F: 562.497.2990 Irvine 18575 Jamboree Rd, Suite 100 Irvine, CA 92612 T: 949.570.1701 Seattle 920 Fifth Avenue, Suite 2300 Seattle, WA 98104 T: 206.448.1911 F: 206.448.9485 Los Angeles 5901 Century Blvd, Suite 750 Los Angeles, CA 90045 T: 310.338.0031 F: 310.641.3434 San Diego 9665 Chesapeake Drive, Suite 230 San Diego, CA 92123 T: 619.618.2347 F: 619.330.0668 San Jose 18 S. 2nd Street, Suite 115 San Jose, CA 95113 T: 669.268.1007 City Council 17 — 51 10/18/2022 EXHIBIT C City Council 17 — 52 10/18/2022 Section 3 Fee Proposal City Council 17 — 53 10/18/2022 FEE PROPOSAL CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal, I have examined the ATTACHMENT 1: SCOPE OF WORK. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shalt be approved by the City's Public Works Water Resources Division. FEE SCHEDULE The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the foflowing schedule: Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: P2S, Inc Arc Flash Analysis Fee Schedule for Contractor to provide updated single line electrical drawing, short circuit model drawing and arc flash model drawing for the following locations (existing historical documentation can be found in Appendix B): Item # Bid Item Unit Quantity Amount 1., Well 24 (1800 W 22m St, Santa Ana) Well 29 (101 S Flower St, Santa Ana) Well 31 (1815 W Chestnut Ave, Santa Ana) Well 33 (917 W Walnut St, Santa Ana) LS i 1 1 2,080 2. LS 1 $ 2,360 1 3. 4. L5 1 $ 4,070 g__ 3,380 LS 1 City of Santa Ana RFP 22-023 Arc Flash Analysis and Electrical Safety Program Development City Council 17 — 54 10/18/2022 FEE PROPOSAL P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM P2S, Inc 5000 E Spring St, 8th FI 562-497-2999 kevin.peterson@p2sinc.com Kevin Peterson President & CEO 4,070 3,780 3,170 4,970 5,480 4,970 4,070 4,290 46,690 City Council 17 — 55 10/18/2022 FEE PROPOSAL P2S INC. CITY OF SANTA ANA PUBLIC WORKS ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM P"=s ENG Category PRINCIPAL ENGINEER ENGINEER GRADE 05 ENGINEER GRADE 04 ENGINEER GRADE 03 ENGINEER GRADE 02 ENGINEER GRADE 01 P2S INC. RATE SCHEDULE FOR ENGINEERING SERVICES ON A TIME AND EXPENSE BASIS DESIGN ENGINEER GRADE 05 DESIGN ENGINEER GRADE 04 DESIGN ENGINEER GRADE 03 DESIGN ENGINEER GRADE 02 DESIGN ENGINEER GRADE 01 DESIGNER GRADE 04 DESIGNER GRADE 03 DESIGNER GRADE 02 DESIGNER GRADE 01 CAD/BIM DESIGNER GRADE 04 CAD/BIM DESIGNER GRADE 03 CAD/BIM DESIGNER GRADE 02 CAD/BIM DESIGNER GRADE 01 COMMISSIONING GRADE 05 COMMISSIONING GRADE 04 COMMISSIONING GRADE 03 COMMISSIONING GRADE 02 COMMISSIONING GRADE 01 PROJECTASSISTANT In addition, for direct out-of-pocket expenses (if and when they occur) we quote the following Rate $329 $276 $267 $229 $211 $187 $229 $211 $187 $166 $147 $157 $147 $135 $129 $130 $118 $105 $96 $276 $239 $204 $163 $140 $96 1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties 2) Travel Expense: at Cost 3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $250 per day per person. 4) Plan Check Fees: at Cost plus 10% markup 5) Third Party Services: at Cost plus 1 0% markup • Printing and copy services • Consultant and subcontract professional fees • Surveying / Soils Investigation • Testing Laboratory Work LIABILITY LIMITS Professional Liability $ 2,000,000. General Liability $ 5,000,000. Effective January 1, 2022 — December 31, 2022 RT-222 City Council 17 — 56 10/18/2022 FEE PROPOSAL CITY OF SANTA ANA PUBLIC WORKS P2S INC. ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM NETA. 4563 State Street Day (909) 628-1256 P.O. Box 2338 Night (909) 628-1253 Montclair, CA91763 375 Hampton Tedder Technical Services Fax (S09) LC#2951649 HIGH VOLTAGE MAINTENANCE, TESTING AND ENGINEERING HOURLY RATE SCHEDULE/TERMS & CONDITIONS — EFFECTIVE MAY 01, 2022 thru DECEMBER 31, 2022 HAMPTON TEDDER TECHNICAL SERVICES provides the following: (1) Engineering Services, (2) Consulting Services, (3) Maintenance and Startup Services, (4) Testing Services, (5) Turn Key Services, Rates are as follows: SERVICE AND EQUIPMENT STRAIGHT TIME PREMIUM TIME PROJECT MANAGER / ELECTRICAL ENGINEER $208.00/HR. $338.00/HR. FOREMAN / SENIOR TEST TECH./ RELAY TECH. $203.00/HR. $328.00/HR. TEST ENGINEER/TEST TECHNICIAN $172.00/HR. $290.00/HR. HIGH VOLTAGE CABLE LINEMAN $156.00/HR $275.00/HR OFFICE AND YARD PERSONNEL $90.00/HR. $127.00/HR. TRUCK AND TOOLS $45.00/HR. $45.00/HR. HEAVY DUTY EQUIPMENT (LINE TRUCK, BOOM TRUCK, BUCKET TRUCK & FLATBED TRUCK) $95.00/HR. $95.00/HR. FUEL SURCHARGE 10.5% OF TRUCK AND TOOLS TRAVEL TIME *REFER TO BELOW SUBSISTENCE COST + 15% ALL OTHER JOB RELATED EXPENSES COST + 15% MISCELLANEOUS CONSUMABLES INVOICE COST + 15% AIR FARE COST + 15% TEST EQUIPMENT SEE PAGE THREE CREDIT CARD FEE 4% • *NOTE: Rates will be quoted separately for specialized instruments and equipment not in Hampton Tedder Technical Services inventory. • Straight time will consist of a normal eight (8) hour working day with an allowance for lunch. Normal working hours are 6:00 AM to 6:00 PM Monday through Friday, except Holidays. • Premium time will consist of any time worked before or after normal working hours, Saturday, Sunday, holidays, and emergency callouts during normal working hours, Monday through Friday. Should an employee be required to: work around the clock, remain at the jobsite, or receive less than 8 hours rest; he/she will remain on Premium time until which time he/she receives 8 hours rest, or as per the Local Union Agreement. • Travel portal to portal on normal workdays at straight time rates, except during emergency callouts. Travel portal to portal after normal working hours, Saturday, Sunday, holidays at premium rates. Applicable local union requirements, special fees, dues, zone pay are in addition to above listed rates. • Minimum charge of four (4) hours will be billed for services performed in 1-4 hours and minimum of eight (8) hours for services performed 5-8 hours. Mileage at $1.00/mile. • All special permits, licenses and insurance beyond our standard certificate of insurance will be billed as an extra. • All work that is scheduled and cancelled less than 48 hours to start will be charged 4 hours per person scheduled. • A 24-hour emergency phone number for HAMPTON TEDDER TECHNICAL SERVICES is (909) 628-1256. • Hampton Tedder Technical Service's Standard Terms and Conditions apply to all work and are attached as page 2 of this document. • Any delays caused by others will be considered an extra charge for time lost. Rates subject to change without notice. Union increases will be added without notice. • IMPORTANT NOTE: Hampton Tedder Technical Service Terms and Conditions continue on page 2. F-- L-kekLi— Customer Initials Matthew Tedder, President "Shaping the Future of the Fiectrical Service Industry" ARIZONA CORPORATE HEADQUARTERS NEVADA PHONE (480) 967 -7765 P.O. BOX 2338 PHONE (702) 452 -9200 FAX (4W) 967 -7762 MONTCLAIRr CA 91763 FAX (702) 632- 0079 LIC. #146675 A - 17 PHONE (909) 628 - 1256 LIC- #66483 A- 17 LIC. #155512 L-11 FAX (9M 628 -6375 UC. 966179 C- 2 LIC. N961649 Page 1 of 4 SS-103 Rev. H City Council 17 — 57 10/18/2022 FEE PROPOSAL CITY OF SANTA ANA PUBLIC WORKS P2S INC. ARC FLASH ANALYSIS & ELECTRICAL SAFETY PROGRAM Hampton Tedder Technical Services (HTTS) Terms and Conditions 4563 State Street Day (909) 628-1256 PA. Box 2338 Night (909) 628-1253 Montclair. CA91763 09) 628-6375 Hampton Tedder Technical Services Faxt�LlC#961649 HIGH VOLTAGE MAINTENANCE, TESTING AND ENGINEERING TEST EQUIPMENT FEE SCHEDULE FY 2022 DESCRIPTION TYPICAL EXAMPLE DAILY WEEKLY MONTHLY General Test Equipment 5kv Insulation Tester (Megger) ........................................................................ 120.00 480.00 1,440.00 1.5kv Insulation Tester (Megger) ........................................................................ 200.00 600.00 1,800.00 Low Amperage DLRO (Ductor) 10A.................................................................. 100.00 360.00 720.00 High Amperage DLRO (Ductor) 200A................................................................ 180.00 540.00 2,040.00 CT Tester Single -Ratio EZ CT.............................................................. 300.00 1,200.00 4,080.00 CT Tester Multi -Ratio EZ CT 2000.................................................... 420.00 1,680.00 5,760.00 Infrared Camera Flir................................................................... 480.00 1,440.00 4,800.00 Earth Ground Tester 6740, DET2/2.................................................. 120.00 420.00 1,560.00 DC load bank 0-250 KW Eagle Eye ........................................................ 780.00 2,340.00 6,960.00 Circuit Breaker Test Equipment Low Primary Current Test Set 2kA or 5kA (CB832/845) ............................... 240.00 720.00 2,160.00 Mid Primary Current Test Set 201cA Phenix HC 12C...................................... 600.00 1,900.00 4,200.00 High Primary Current Test Set 40kA or 50kA(BTS50/500/1000).................. 1,000.00 3,600.00 7,200.00 Motor Overload Test Set Multi -Amp MS I / MS2.................................. 100.00 280.00 780.00 Time / Travel Analyzer Doble TR-lA, Programma Timer ................... 300.00 1,200.00 4,080.00 Secondary Injection Test Set Manufacturer Kit or Multi -Amp SCB100...... 240.00 960.00 3,240.00 Relay / Transformer Test Equipment Phase Shifter Multi -Amp Model EPS 1000.......................... 180.00 480.00 1,680.00 Frequency Generator Multi -Amp FG-50 / FG-60............................. 180.00 480.00 1,680.00 Variable Voltage/Current Supply Model MS-2.................................................... 125.00 400.00 1,500.00 Recloser Test Set McGraw -Edison MET 573 ............................. 120.00 480.00 1,680.00 Relay Test Set Active Source Single Phase (172500, F2253, 6300) ............... 300.00 1,200.00 4,080.00 Relay Test Set Active Source Three Phase (F6150/Programma/Manta) ....... 540.00 1,920.00 6,600.00 Testing Software Doble Pro -Test Software (RTS/Protest)......... 120.00 480.00 1,680.00 Transformer Test Set Doble M4100 (Power Factor) ......................... 900.00 3,200.00 12,000.00 Transformer Turns Ratio Test Set (30) TTR300........................................................... 200.00 800.00 1,980.00 Winding Resistance Test Set Raytech, Vanguard ......................................... 240.00 720.00 2,160.00 Recording Equipment Load Recorder ELOG, DM -III (Volts, Amps, kW, PF) ......... 360.00 1,000.00 2,500.00 Power Disturbance Recorder, PQ Meter PS4500, PX5(PQ).......................................... 800.00 2,400.00 5,500.00 Medium Voltage Cable Testing Equipment Cable Location Metro -Tech ..................................................... 720.00 2,160.00 7,200.00 VLF Thumper High Voltage Inc ............................................. 800.00 2,000.00 6,000.00 Tan -Delta TD-60.............................................................. 800.00 3,000.00 9,000.00 Partial Discharge System HT-PD............................................................. 1,140.00 4,560.00 15,600.00 A.C. Hi -Potential (Low) 50kV, AC, HPA-505FCI................................ 350.00 1,200.00 3,800.00 A.C. Hi -Potential (High) IOOkV, AC, 6CP100/50.................................. 750.00 1,800.00 4,000.00 VLF. Hi -Potential (Low) 20kV, VLF, HVA-28...................................... 450.00 1,600.00 4,000.00 VLF. Hi -Potential (Mid) 44kV, VLF, HVA-60...................................... 600.00 1,800.00 5,760.00 VLF. Hi -Potential (High) 66kV, VLF, HVA-90...................................... 900.00 3,700.00 7,000.00 D.C. Hi -Potential (Low) 80kV DC, PTS-80........................................... 180.00 720.00 2,400.00 D.C. Hi -Potential (Mid) 100KV DC, PTS-130...................................... 400.00 1,300.00 4,080.00 D.C. Hi -Potential (High) 200KV DC, PTS-200...................................... 1,000.00 3,600.00 8,160.00 NOTES: 1) Daily rate up to 8 hours use, Weekly rate up to 40 hours use, Monthly rate up to 160 hours use. 2) All shipping and handling costs are added to equipment. 11 Fm,inmunt not n. ,l 1- ATTS is --li-I at rnet n6,c 1 So/ A- t., 1.1- 1 chinning City Council 17 - 58 10/18/2022 AGREEMENT WITH SMAART POWER, LLC, TO PROVIDE ARC FLASH ANALYSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between SMAART Power, LLC, a California company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 21, 2022, the City issued Request for Proposal No. 22-023, by which it sought a Contractor to provide arc flash analysis and electrical safety program development for the Public Works Agency Water Resources Division. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-023. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 22-023, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide arc flash analysis and electrical safety program development under RFP 22-023. The total compensation for these services provided by all such contractors selected under RFP 22-023 shall not exceed the shared aggregate amount of Five Hundred Thousand Dollars and Zero Cents ($500,000) during the term of the Agreement, including any extension periods. 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. Payment need not e1of9 City Council 17 — 59 10/18/202 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 17, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the 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. e2of9 City Council 17 — 60 10/18/202 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its e3of9 City Council 17 — 61 10/18/202 officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby e4of9 City Council 17 — 62 10/18/202 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. e5of9 City Council 17 — 63 10/18/202 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, e6of9 City Council 17 — 64 10/18/202 and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in e7of9 City Council 17 — 65 10/18/202 connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. 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: Nabil Saba 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 e8of9 City Council 17 — 66 10/18/202 To Contractor: SMAART Power, LLC Attn: Ali Halimi, President 300 Spectrum Center Dr., Suite 431 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SMAART POWER, LLC: r Halimi President Page 9 of 9 City Council 17 — 67 10/18/2022 EXHIBIT A City Council 17 — 68 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT Appendix ATTACHMENT 1: SCOPE OF WORK City Council Arc Flash Analysis and Electrical Sa ty ram Development 10/18/2022 Page 13 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27,2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City of Santa Ana Public Works Agency Water Resources Division is soliciting proposals from qualified industrial firms to provide arc flash analysis and electrical safety program development services that include short circuit analysis, protective device coordination analysis, arc flash hazard analysis, interrupt rating analysis and a customized electrical safety program. B. CONTRACTOR RESPONSIBILITIES The Contractor shall provide all labor, materials, services, and equipment necessary for the complete installation of electrical systems. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7.00 A.M. to 5.00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City's Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes. C. SCOPE OF SERVICES The Contractor shall provide all transportation, labor, materials and equipment necessary to provide arc flash analysis and an electrical safety program for the following types of facilities; Water Booster Stations, Sewer Lift Stations, Water Reservoir Sites, Pressure Control Stations, and Water Well Sites. The Contractor shall provide the following scope of services: 1. FIELD COLLECTION OF DATA The Contractor shall perform on -site field collection of the data from the various site locations at the City of Santa Ana. The Contractor shall determine the arc -flash incident energy levels and the flash protection boundary distances for all listed facilities based on the results of the City Council Arc Flash Analysis and Electrical S47tTAgram Development 10/18/2022 Page 14 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT short circuit and coordination studied. In addition, the Contractor shall perform the arc flash analyses under the worst case arc flash conditions and all modes of operation. All necessary information shall be gathered and all electrical systems shall be analyzed from the utility connection point to the equipment connection points. The Contractor's field technicians and service engineers shall perform all work in accordance with the latest National Fire Protection Agency (NFPA) 70E and Institute of Electrical and Electronics Engineers (IEEE) Standard 1584 guidelines. The Contractor shall provide but is not limited to the following services for each facility: • Field collection of data on all existing facilities electrical equipment o Assume that any drawings or documentation that exists may or may not aid in the collection or analysis • Verify all one line diagrams, if available. If not available, the Contractor shall generate the appropriate detailed and accurate one line diagrams. o All discrepancies found in existing one line diagrams shall be brought to the City's attention as a drawing markup • One line diagram information shall include: o Electrical structures o Voltages at each point o Short circuit available at each point o Horsepower ratings of each motor a City of Santa Ana's standard names of all panels and equipment 2. ARC FLASH ANALYSIS The Contractor shall provide an in-depth power systems short circuit, coordination study and arch flash analysis of the City's facilities. The assessment shall include but are not limited to the following: 1. Short circuit study to determine the levels of current that flow in the electrical system under fault conditions. 2. Protective device coordination and interrupt rating studies to determine proper settings of protective devices. The short circuit study and the coordination study shall precede the arch flash analysis. 3. The Contractor shall determine the level of incident energy at each switchboard, motor control center (MCC), panel board, remote terminal unites (RTU), variable frequency drive (VFD) panels and other electrical equipment requiring analysis. Current NFPA and IEEE standards shall be utilized to yield arc -flash hazard results which comply with the latest industry standards. a. Arch flash assessments shall include each operating mode for the power system to ensure correct incident energies are calculated for all system conditions. 4, The Contractor shall determine if the motor control buckets can be hot swapped and indicate as such on the MCC arc flash 70E labels or specify on the general use City Council Arc Flash Analysis and Electrical S ty r gram Development 10/18/2022 Page 15 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT electrical safety labels. 5. The Contractor shall perform the arc -flash hazard analysis whenever design implementations occur or circuit power arrangements are changed. 6. The Contractor shall indicate problems discovered while performing the studies and must include the following details: a. Recommendations to mitigate arc flash hazards in all categories b. Identification of circuit protective devices with insufficient interrupt ratings c. Identification of circuits not property coordinated d. One -Line drawings of all equipment surveyed e. Table of calculated arc flash data f. Coordination curves g. And any other pertinent data 7. Arc flash calculations shall be performed on systems above 208/240V downstream of 125kVa and bigger transformers per IEEE 1584. 8. The Contractor shall provide arc flash hazard labels for equipment. The labels provided shall inform workers of the personal protective equipment (PPE) required to work on a given piece of equipment or when the hazard level exceeds a safe work condition following the guidelines below: a. Affix labels to all 70E Rated Category 1 and above electrical fixture and at a minimum the labels should indicate the following: • Arch flash boundary • Restricted approach distance • Limited approach distance . Calorie Rating • Normal Voltage • Glove class • PPE Category • Incident energy • Upstream over -current protective device • Device name and assessment date • On MCCs, labels should indicated if MCC buckets can be hot swapped 3. ARC FLASH ANALYSIS DELIVERABLES After completion of the arc flash analysis, the Contractor shall provide a complete report for all facilities which shall contain, at a minimum, the following: 1. Background description of the site, objective, and the scope of the study 2. Basis of the analysis 3. Executive summary with conclusions and recommendations (referring to reducing the arc flash hazard category to two or below and any other ways to enhance worker safety) 4. Coordination plots and protective device curves 5. Single -line diagrams City Council Arc Flash Analysis and Electrical Sad ty� ram Development 10/18/2022 Page 16 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT 6. In tabulation format list the following: • Device • Device name • Bus name • Bus kV • Protective • Bus bolted fault • Protective device arc fault • Trip/delay time • Duration of arc • Arc type • Arc flash boundary • Working distance • Required limited and restricted approach • Incident energy • Cal/cm2 • Conduit sizes • Switchgear data • Required PPE 7. Hazard/Risk categories for the calculated incident energy levels 8. The flash protection boundary of the equipment involved/evaluated 4. CUSTOMIZED ELECTRICAL SAFETY PROGRAM The Contractor shall review the City's existing electrical safety program in APPENDIX A: CITY OF SANTA ANA ELECTRICAL SAFETY PROGRAM and develop an up-to-date electrical safety program complaint with the latest NFPA 70E publications. The Contractor shall incorporate shall include but is not limited to the following elements in the up-to-date safety program: 1. ROLES, RESPONSIBILITIES & AUTHORITIES a. Identifies the roles and responsibilities of parties involved b. Outside contractor obligations in relation to the City's Electrical Safety Program c. Clarification on the difference between unqualified and qualified personnel 2. REQUIREMENTS a. Requirements that will be needed to be in compliance with the latest NFPA 70E and California OSHA regulations 3. PERFORMANCE MONITORING, MEASUREMENT & EVALUATION a. Specification of general work practice controls on energized and de -energized equipment b. Documentation for energized electrical work permit policies and procedures c. Documented protocols for de -energizing and lock out/tag out City Council Arc Flash Analysis and Electrical Sa ty; ram Development 10/18/2022 Page 17 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT d. Document alerting techniques and methods for the notification of approach and flash boundaries 4. PERSONAL PROTECTIVE EQUIPMENT a. Documentation for the use of PPE by qualified employees b. Electrical safety requirements for any special equipment 5. MAINTENANCE a. Consider the condition of the maintenance of the equipment and it's component parts 6. AWARENESS & COMPETENCE a. Document how employees must follow the policies and effectively implement the procedures 7. ELECTRICAL SAFETY PROGRAM CONTROLS a. Document how the Electrical Safety Program shall identify the controls from which it is measured and monitored b. Document which metrics could be used 8. GENERAL RISK ASSESSMENT a. The Electrical Safety Program should identify the steps that employees must take where the risk of injury from electrical hazards are unacceptable 9. JOB BRIEFING a. Specify how the employee shall perform job briefing before starting each job and the potential hazards associated with to discuss in addition to the required PPE and any special precautions. 10. ELECTRICAL SAFETY AUDITING a. Document how the Electrical Safety Program shall be audited to verify that the procedures and principles within the program are in compliance with NPFA 70E. b. Document how field work shall be audited to verify the requirements within the safety program are being followed. 11. TRAINING REQUIREMENTS a. Specify how often employees shall be trained to identify and understand the relationship between electrical hazards and the possibility of injury b. State the types of training that will be required i) Classroom Arc Flash training ii) Emergency Response Training (contact release, first aid, etc.) iii) Qualification for electrical work c. Training verification and documentation by the employer 12. SUPPORTING FORMS City Council Arc Flash Analysis and Electrical ty—P o ram Development 10/18/2022 Sa Page 18 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT a. Qualified person verification form b. Qualified person in -field and annual inspection form c. Arch flash and shock risk assessment form d. Job briefing form e. Energized electrical work permit f. Contractor/Host employer checklist form The Contractor shall provide any additional recommendations to be utilized in the City's safety program. 5. ELECTRICAL SAFETY PROGRAM TRAINING The Contractor shall provide training services to promote electrical safety and the proper use of PPE in accordance with guidelines required in arc flash hazards category 0 through category hazard 4 as well as specified in the customized electrical safety program. The Contractor shall prepare training programs containing but not limited to the following subjects and conduct training annually or upon request: ft �1►� �.Z�]�I�I�liC�7`I i) Terms and definitions (70E and OSHA) ii) Hazards of Electricity 1. Shock 2. Arc 3. Blast 2. PERFORMING AN ELECTRICAL HAZARD ANALYSIS i) Determining nominal voltage ii) Shock Approach Distances iii) The Arc Flash Boundary iv) Determining PPE if no Arc Flash Hazard Analysis is performed v) How to choose PPE based on the hazard vi) Hazard vs. risk 3. PERSONAL PROTECTIVE EQUIPMENT (PPE) i) Inspection, maintenance and testing of 1. Head and hearing protection 2. Eye and face protection 3. Hand and foot protection ii) Arc flash protection iii) Types of clothing iv) Use of dielectric footwear v) Rubber protective equipment vi) Gloves vii) Blankets and shields viii)Using the NFPA 70E tables properly City Council Arc Flash Analysis and Electrical SalltyrP7Aram Development 10/18/2022 Page 19 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT ix) Determining the correct arc rating of PPE x) Using NFPA 70E Annex H, "Guidance on Selection of PPE" 1. Simplified two -category system 2. Guidance on selection of PPE when an Arc Flash Hazard Analysis is performed 3. Use of 8 and 40 cal/cm2 PPE 4. ENERGIZED WORK i) Energized electrical work policy ii) Guarding energized electrical equipment iii) Energized Electrical Work Permits 1. Exceptions (ii) Establishing a safe work zone 5. DE -ENERGIZED WORK i) Placing equipment in an Electrically -Safe Work Condition ii) Lock Out/Tag Out (LOTO) iii) Switching procedures iv) Clearance orders v) Safety Electrical One -Line Diagrams vi) Identifying "Look -Alike" equipment vii) Use of voltage detection equipment 1. Selection of the proper voltage tester 2. Limitations of common voltage testers 3. Verifying meter operation before use 4. Choosing the correct PPE 5. Safe operation and use 6. Verifying meter operation after use 7. Induced voltages vs. back feeds 8. Testing taped connections 9. Specific Equipment Hazards a. Circuit breakers and switches b. Transformers c. Instrument transformers 6. HANDS-ON SESSIONS i) Inspecting PPE and insulated tools ii) Interpreting Arc Flash Hazard Labels iii) Proper use of the NFPA 70E Tables and Standards iv) Performing a job hazard analysis (JHA) v) Qualified Person Training on Electrical Safe Work Practices & Arc Flash per OSHA and NFPA 70E specifications vi) Choosing and using voltage detection equipment D. CODE COMPLIANCE City Council Arc Flash Analysis and Electrical S ty ram Development 10/18/2022 Page 20 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • Institute of Electrical and Electronics Engineers (IEEE) • National Electrical Code (NEC) standards • National Fire Protection Agency (NFPA) • American Society of Testing and Materials (ASTM) • International Electrical Testing Association (NETA) • State Department of Industrial Safety (CAL/OSHA) E. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long-term tasks if any. F. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. G. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. H. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): City Council Arc Flash Analysis and Electrical SS&T qagram Development 10/18/2022 Page 21 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT 1) Labor................................................................................................20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.......................................................... 15 I. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications- 1 - All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in providing industrial control panel building services. 3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete work as specified. J. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor Under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. K. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. L. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section IV.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. City Council Arc Flash Analysis and Electrical Sa ty� ram Development 10/18/2022 Page 22 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section-_- City Council Are Flash Analysis and Electrical Sal9ty4l ram Development 10/18/2022 Page 23 EXHIBIT B City Council 17 — 80 10/18/2022 SMAART POWER INTELLIGENT & INVENTIVE ENGINEERING POWER SYSTEM DESIGN, STUDY & AUTOMATION ADVANCED SOLUTION PROVIDER UTILITY, INDUSTRIAL & COMMERCIAL City Council 17 - 81 10/18/2022 Table of Contents 1. Company Overview........................................................................................................3 2. Firm and Team Experience............................................................................................4 2.1. Key Personnel.............................................................................................................4 3. SMART POWER ORGANIZATION CHART................................................................9 4. Scope of Services.........................................................................................................10 4.1. Data Gathering..........................................................................................................10 4.2. Device Evaluation Study...........................................................................................11 4.3. Coordination Study...................................................................................................11 4.4. Arc Flash Study.........................................................................................................12 4.5. Study Report.............................................................................................................13 4.6. Common Problems / Observations...........................................................................16 5. Relevant Project Experience........................................................................................17 6. Three Relevant projects...............................................................................................18 7. Electrical Safety Program.............................................................................................19 8. Insurance Certificates...................................................................................................21 9. Non -Collusion Affidavit.................................................................................................22 10. Non -Lobbying Certification........................................................................................23 11. Non -Discrimination Certification................................................................................24 12. Agreement Statement...............................................................................................25 City Council 17 — 82 10/18/2022 SMAART POWER INTELLIGENT & INVENTIVE ENGINEERING 300 Spectrum Center Dr. Ste 431, Irvine CA 92618 949-209-7299 June 2, 2022 To: Armando Fernandez City of Santa Ana Public Works Agency 220 S. Daisy Ave. Bldg A Santa Ana, CA 92703 Subject: Arc Flash Analysis and Electrical Safety Program Development Dear Mr. Fernandez, SMAART POWER, an engineering company at the forefront of electrical engineering, is enclosing along with this letter a bid proposal for the Arc Flash Analysis and Electrical Safety Program Development for the City of Santa Ana Public Works Agency. Our team at SMAART POWER has a combined total of over 50 years experience with such studies and provides expertise in developing programs that address safety concerns in regard to all aspects of electrical systems. We have worked on very similar projects and programs with other cities, such as that for the Los Angeles Metropolitan Water District and understand the specific needs that are required from such a project. We look forward to the opportunity to work with the City of Santa Ana. Please let us know if there is any questions we can answer or clarifications we can provide beyond the attached proposal. Thank you, Ali Halimi SMAART POWER — President ali _smaartpower.com City Council 17 — 83 10/18/2022 1. Company Overview SMART POWER LLC. is a full service electrical engineering and consulting firm with more than 55 year of combined experience. SMART POWER has highly skilled professional engineers and projects managers that specialize in system planning, design, analysis, automation, testing and smart solution system integration for commercial, industrial, and utility scale systems for both the federal and private sector. SMART POWER is an expert in advanced power system analysis including advanced studies such as power quality & harmonics, transient stability and electromagnetic analysis, protection, coordination, arc flash and incident energy mitigation techniques for industrial, commercial or utility facilities. SMART POWER's engineers have worked on power system design, planning, and advanced studies for water treatment plants, generation and power plants, pumping plants, off -short plants, heavy industrial manufacturing, hospital and health facilities, oil and gas fields, and utility distribution systems. Furthermore, SMART POWER also provides advanced system studies which include power flow, device duty evaluation, system protection, power quality and harmonics, generator controls and transient stability, grid interconnection, ground grid study and surveying, and distribution system planning. SMART POWER is committed to consistently delivering high -quality, innovative engineering services and smart solutions with the highest regard for safety standards. As such, SMART POWER is fully ensured to perform the engineering and consulting services as outlined below: o Professional Liability— $1 M/$2M o General Liability — $2M/$4M o Automobile Liability — $2,000,000 o Commercial Umbrella — $3M/$3M Certificates of Insurance available upon request. Signatory: Ali Halimi - Principal Date: 6/2/2022 Signature: City Council 17 — 84 10/18/2022 2. Firm and Team Experience • SMAART POWER has successfully developed and studied sizeable power system models for commercial, industrial, and nuclear plant customers. Customers have also included very large utility transmission and distribution systems such as Seattle City Light, EPCOR Utility, Oman Grid, NOIDA Power Company Grid, Occidental Petroleum (OXY), Saudi ARAMCO, and more. • SMAART POWER has designed and conducted complex power system studies for a wide range including low voltages, medium voltages, and high voltages. This experience makes us one of the most recognized companies to perform the complex studies. • SMAART POWER fully complies with all the latest applicable standards for power system engineering and studies, including IEEE-1584, NEC & NFPA-70E, ANSI-C37, UL-489, IEEE-242, IEEE-446, and many related standards. • SMAART POWER has a seasoned engineering team, Ph.D. electrical engineers, and project managers experienced with complex power systems problems and solutions with backgrounds spanning across utility companies, the Department of Energy, and consulting firms for advanced studies. Studies have included protection, coordination, power quality, and transient stability studies. • SMAART POWER is dedicated to providing high -quality work and reports with practical solutions to the problems and applicable recommendations to save time and money on projects without compromising the feasibility. • SMAART POWER has a high level of customer satisfaction for all the provided services. • SMAART POWER has provided electrical engineering services and solutions to many customers in the U.S. and across the world. • SMAART POWER is categorized as a small local business with high -quality engineers and staff. We are always accessible and ready to provide support to our customers, which has continuously increased our customer's satisfaction to the highest level. 2.1. Kev Personnel Ali Halimi — President Education City Council 17 — 85 10/18/2022 Ali Halimi graduated from Tehran Azad University where he obtained a degree in power systems engineering in 2002. Experience During Mr. Halimi's career, he has had the opportunity to work with many organizations within the engineering industry. Mr. Halimi's career started in 2001 as an Electrical Technician at Efrat Co where he oversaw system maintenance and troubleshooting. As his career progressed, he moved into a Lead Electrical Engineer position at Tehran University and later a Project Engineer position at ETAP Corp. In 2012, Mr. Halimi was promoted to a Project Manager position at ETAP Corp. In this role, he was responsible for leading power system automation and real-time solutions for large industrial projects. He also directed a team of eight engineers, which grew to a team of twelve when he transitioned into the T&D Dept. Manager role within ETAP Corps in 2014. As a Department Manager, Mr. Halimi was often charged with overseeing and conducting workshops worldwide for power system engineering courses and ensuring eLearning platforms were properly integrated into physical workshops to enhance development. In 2017, Mr. Halimi took a Senior Power Systems Engineer role at Eaton Corp. Within this role, he managed large-scale projects and performed onsite visits with customers. He also led the ETAP Committee Group consisting of 20+ members. Following this role, in 2019, Mr. Halimi took on a Project Manager role at KSG Engineering working with power system study projects, and finally, in 2020, he became the CEO and Managing Director of SMAART POWER. He's now responsible for leading business development and marketing functions as well as hiring and securing talented engineering teams to support both large and small-scale projects. Matt Rahmanifard — VP of Engineering Education Matt Rahmanifard graduated from University Ashrafi Esfahani where he obtained a degree in civil engineering in 2005. Later in 2010, he went on to obtain an Associate of Science in Electrical Engineering at Irvine Valley College and eventually a Bachelor of Science in Electrical Engineering at Southern California Institute of Technology. In 2014. Experience From 2005 to 2007, Mr. Rahmanifard served as an Electrical Drafter at Accessible Consulting Engineers with responsibility for reviewing and interpreting project specifications and delivering layouts for new electrical systems. He was later promoted to Electrical Designer and Tester at Accessible Consulting Engineers in 2007 where he oversaw extensive research projects and reported findings to management and stakeholders. As Project Engineer in 2009, he began to perform more in-depth electrical acceptance testing and maintenance procedures on electrical products. He also was City Council 17 — 86 10/18/2022 responsible for conducting field surveys and implementing new process improvements for standardized manuals and operating procedures. Currently, Mr. Rahamifard serves as Electrical Engineering Manager at Accessible Consulting Engineering. Within his role, he performs maintenance tests on switchgears, conducts acceptance testing per NETA requirements, and schedules and coordinates power quality studies. He also conducts thermographic surveys where he's responsible for performing infrared inspections of electrical installations with safety and quality in mind. Andrew Mirzakhanian — Project Lead Education Mr. Mirzakhanian graduated from California State University where he obtained a degree in electrical engineering in 2014. Experience Throughout Mr. Mirzakhanian's career, he has worked in numerous leadership roles on high -profile projects. In 2014, Mr. Mirzakhanian was a Systems Integration Manager at Trimark Associates overseeing project schedules. In 2015, Mr. Mirzakhanian served as the Electrical Engineer/Lead Designer at KSG Engineering. Within this role, he was responsible for performing cost -benefit analysis on electrical infrastructure options, conducting feasibility studies, and performing construction administration services with the goal of ensuring compliance. Promoted to Project Manager at KSG Engineering in 2016, Mr. Mizakhanian's responsibilities grew to include managing project deliverables, cost impact, clientele, and unforeseen project issues. He was also responsible for managing a team of six electrical engineers, designers, and drafters with responsibility for ensuring projects are aligned with customer requirements and expectations. Currently, Mr. Mirzakhanian works as a Design Lead/Project Manager at SMAART POWER where he ensures compliance with present codes, performs cost -benefit analysis and feasibility studies, and manages project deliverables. Salman (Sal) Kahrobaee — Lead Consultant / Project Lead Education Salman Kahrobaee graduated from Bachelor of Science in Electrical/Power System Engineering in 2003 from the University of Tabriz. In 2006, Mr. Kahrobaee graduated from the University of Tehran with a Master of Science in Electrical/Power System Engineering. In 2014, Mr. Kahrobee graduated with a Ph.D. in Electrical Engineering and minor in Computer Science from the University of Nebraska -Lincoln. Experience City Council 17 — 87 10/18/2022 From 2003 to 2009, Mr. Kahrobaee was a Power System Engineer and Trainer at MATN International Co. where he was responsible for training over 1000 engineers in power system software. He led more than 65 power courses and workshops and also provided support in modeling wind farms such as Iran's first operated wind farm. He then moved into a position at the University of Nebraska -Lincoln as a Research Assistant between 2019 and 2013. In this role, he developed simulation methods, proposed new indices, developed simulation models, and proposed a hybrid analytical - simulation approach for reliability assessment. In 2014, Mr. Kahrobaee became a Senior Power System Engineer and Manager at ETAP. As a Senior Power System Engineer, he provided services on numerous projects related to the UBC campus, railways system, and relay coordination of industrial systems. From 2017 to 2020, Mr. Kahrobaee served as a Senior Engineer at SCE. Within this role, he was responsible for work in the areas of Grid Technology Innovation and Advanced Technology. Since 2020, Mr. Kahrobaee has worked at Substation Asset Engineering as an Electrical Manager. Within this role, he oversees a team of engineers and is responsible for providing insights for substation equipment, developing apparatus specifications, and updating design and construction standards. Since 2020 , Mr. Kahrobaee serves as a lead consultant in SMAART POWER overseeing to team of engineers for grid innovation technologies, substation design, feasibility studies, system analysis and project deliverables. Certifications & Licenses Organizational Leadership & Communications Certificate (2019 — 2021, No expiration) Kamshad Eshghi — Lead Consultant / Project Lead Education Mr. Esghi is a Professional Engineer and NERC Reliability Coordinator. In 2011, he graduated from Washington State University with a Bachelor of Science in Electrical Engineering. In 2014, he went on to graduate with a Master of Science in Electrical Engineering from the University of Washington — Seattle. In May 2022, Mr. Esghi is anticipated to graduate from the University of Idaho with a Ph.D. in Electrical Engineering — Power Systems. Experience Mr. Esghi began his career as an Electrical Engineering Intern for Comtech EF Data. Within this role, he learned how to effectively design small FPGA to control compression boards. He eventually moved into a Power Systems Research Assistant position at Idaho National Lab in 2014 where until 2017 he was responsible for work for two high- level research projects. Between 2011 and May 2017, Mr. Esghi also worked as a Substation Protection and Control Engineer at Black and Veatch on serval projects. Within this role, he also had City Council 17 — 88 10/18/2022 the opportunity to direct a team of drafters and junior engineers, gaining leadership experience. In May 2017, Mr. Esghi worked as a Lead Real -Time Operation Engineer at CalSO. He was responsible for power system operation, state estimation, R&D projects, and team management/leadership. As a leader, he provided support in the development of operating requirements. On the technical side, he advised on projects, performed real- time contingency studies, and supported and interpreted real-time voltage stability application solutions. Mr. Esghi is currently serves as a lead consultant in SMAART POWER for system automation, substation protection & control and real-time operations. Certifications & Licenses Harvard Business School Leadership Principles Black & Veatch ASPIRE Leadership Development Lean Engineer Certification — Black & Veatch and CAISO Servant Leadership Principal Certification - CAISO As Indicated in the following organization chart, the engineering team will be involved in this project (Arc Flash Analysis And Electrical Safety Program Development) on 70% capacity as required. City Council 17 — 89 10/18/2022 3. SMAART POWER ORGANIZATION CHART The following diagrams depicts the SMAART POWER Organizational chart: Ali Halimi President Matt Rahmani VP. Engineering L Study / Field Team - 4 of - COO 0 Financial / Admin Team-2 Andrew Mirzakhanian Sal Kahrobaee Kamshad Eshghi Project Lead Lead Consultant Lead Consultant Design Team - 2 Substation Team - 2 Automation Team - 1 City Council 17 — 90 10/18/2022 4. Scope of Services NFPA-70E requires an arc flash study to identify arc flash hazards, associated arc flash boundaries and required PPE. This regulation is to protect personnel by reducing exposure to major electrical hazards. The regulation helps companies and employees avoid workplace injuries and fatalities. A typical arc flash study requires accurate modeling of the power system and the components of the electrical distribution system including all the sources which may contribute to the fault locations. In order to accurately models the power system, detailed data gathering effort for induvial equipment is required for all the following components: o Power supplies which contribute to the fault including utility feed(s), generators (Standby or Co-Gens), UPSs and motors. o Protective device information including manufacturer, model, size and settings for low voltage breakers, high voltage breakers, fuses, disconnects and relays in order to determine the proper fault clearing times. o Power distribution equipment information including size, voltage ratings, current ratings, short circuit withstand capability, number of circuits, impedances and dimensions for switchgears, switchboards, panelboards, motor control centers, breaker/fuse/disconnect enclosures, automatic transfer switches, and transformers. o Feeder cable information including the size, type and distance. When accurate models is in place, multiple scenarios shall be created depending on the topology and operating conditions of the electrical network to calculate and determine the worst case incident energy on each individual equipment. This considers the alternative power sources which might have lower fault contribution, motors not operating, system energized by UPS or possible reduction of the fault contribution from the utility as well as bus ties and/or automatic transfer switches positions. It is also very important to obtain the decrement curve data for generators included in the study which accurately determines their fault contribution as well as obtaining the utility fault contribution from the utility company at the time of the study. 4.1. Data Gathering In order to prepare an accurate model for the power system study, a thorough data gathering effort shall be performed in the field for all the electrical equipment involved in the scope of the study. All the documentations, submittals, shop drawings, existing drawings such as AutoCAD, MicroStation, etc. shall be reviewed and the obtained data shall be incorporated into the models. While gathering the information in the field, the manufacture, model, size, ratings, and dimensions of the equipment shall be obtained in order to fulfill the arc flash City Council 17 — 91 10/18/2022 study and IEEE standard requirements. As necessary, the cover of the equipment such as panelboards, switchboards, motor control centers, switchgears, etc. shall be removed in order to capture the required information. All the documentations including the existing drawings shall be reviewed before and after the field data collection to make sure the required information have been obtained and if additional information can be retrieved to be incorporated into the models. To gather the information and properly capture the required information the help of the City of Santa Ana staff and electricians are required and shall be coordinated in advance. 4.2. Device Evaluation St The prepared models will be used to calculate the worst case scenario fault currents which is the maximum fault currents produced by balanced three-phase and unbalanced faults at each fault location. All the scenarios will be presented in the report in a tabular format with notes for ease of identifying the cases. Low voltage and medium voltage equipment will be presented in separate tables identifying the device evaluation results in a color coded format for the failed equipment against their short circuit withstand capabilities along with the practical notes to address the issues or possible summarized solution(s). Equipment with Marginal device evaluation condition also will be identified for considerations. All the identified problems, solutions and recommendations including possible replacement of the existing equipment, upgrading the equipment to the higher SCCR rating, addition of current limiting devices or device series rating recommendations based on the approved and published manufacturer's tested tables will be mentioned in the executive summary section of the report. 4.3. Coordination Study The protective device coordination study determines overcurrent protective relay and circuit breaker settings in order to provide an optimal compromise between protection and selectivity where possible and/or practical. In order to properly study the protection and coordination of the power system models, all the protective device settings including the adjustable and fixed devices shall be incorporated into the model. Subsequently, time characteristic curves (TCCs) will be created per following: o Individual TCCs will be created for each device's zone of protection. For example for a typical switchboard, the upstream, main and downstream protective devices will be included in a TCC to show the selectivity and coordination of the devices. City Council 17 — 92 10/18/2022 o The curves will be in different colors for the ease of identifying. The devices' labels along with their settings will be organized in a way that devices are easy to distinguish and follow in an orderly fashion from upstream to downstream. o Fault clipping currents will be displayed in the TCC for each individual bus identifying the max level of fault current that each device can clear. o Each piece of one -line associated with the TCC will be neatly placed next to the TCC for ease of identifying and associating the curves with the devices. o Each TCC will be induvial studied for possible mis-coordination or selectivity problems and any recommended adjustment for each TCC will be presented in a separate TCC with the same TCC identifier with the "RECOMMENDED" revision so the client can easily compare the recommended changes. o A list of all the created TCCs will be included in the report with their TCC identifier tag so the client can easily find the TCCs per their page number in the report. o Not all the devices and their settings can be adjusted to achieve desired coordination and/or selectivity therefore additional recommendations may be provided such as replacing the equipment, upgrading the trip devices or rating plugs, etc. o The format of the TCCs can be consulted with the City of Santa Ana and accommodated as desired in advance. o Each TCC will demonstrate the phase settings of the devices following to the next TCC with the ground settings (if applicable) and also following a TCC with the recommended settings (if applicable). Existing and recommended settings of all the devices (adjustable) will be presented in a tabular format following the TCC section in the report in separate tables for low and medium voltage equipment. If there are other types of devices such as vacuum interrupters, differential relays, etc. those will be presented in separate tables. This format can be adjusted as desired per City of Santa Ana requirements in advance. All the findings, recommendations and solutions will be presented in the executive summary section of the report. 4.4. Arc Flash Study As arc flash objectives was mentioned in section 1.1, the following demonstrates the practical approach and steps to the arc flash study per the following: o All the guidelines required by the latest IEEE-1584 and NFPA-70E will be followed in order to calculate the incident energies for each individual equipment included in the models. o As required by IEEE-1584 2018 the enclosure dimensions (width, depth and height) will be measured during the data collection (or obtained from the shop drawings/submittals) to accurately calculate the incident energies per City Council 17 — 93 10/18/2022 IEEE-1584 requirements. The dimensions of the enclosures and the worst case electrode configurations will be displayed in the arc flash results table. o As mentioned previously the models will be set up with multiple scenarios for the worst case scenario incident energy for each equipment. o Decrement curve method will be used in case of calculating the incident energies from the generator sources using the dynamic characteristic impedances of the generators. o Single phase circuits/devices will be calculated separately for the incident energies and combined to the final report. o All the scenarios will be listed with notes in a table in the report so they can be easily identified. o Arc flash results will be presented in the report in a tabular format displaying the incident energy with the existing device settings next to the incident energy results based on the recommended device settings. Client will be easily able to identify the differences. o The results will be color coded in the arc flash table based on the following: ■ Incident energy results > 40cal/cm2 — magenta color ■ Difference between incident energies of the existing vs. recommended settings — blue color ■ Fault clearing time capped at 2 sec — yellow color o For each identified issue for the arc flash results, recommendations or solutions there will be an individual note at the bottom of the table. o All problems, recommendations and solutions will be presented in the executive summary section of the report. o Adjustments or approximation will be considered upon City of Santa Ana's approval in case the information needs to be assumed. Labels will be generated and printed based on the City of Santa Ana formatting requirements. 4.5. Study Report The study report is comprised of different sections which includes the following: o Revision History: includes the information regarding the revisions made to the original report o Table of contents o Executive Summary: which includes the results and recommendations in a tabular format individually color coded for each study section. Each presented table displays a short memo of the finding including any code violations, equipment type/ID, location of the equipment for fast locating, description of the issue or finding and the recommendations. Depending on the finding a phot of the equipment and/or its conditions will be attached to that table. Below is a sample of the above description: City Council 17 — 94 10/18/2022 1.3. Memo: Panelboard Cover — Code Violation Equipment: Panel IC Location: Fed from SWBD MSB Description Recommendation Panel IC has a front cover which is not Due to current condition of panelboard IC, properly secured to the enclosure box and panelboard shall be replaced with new does not comply with manufacturer's panelboard with same ratings, voltage, recommended securing methods. The amperage, phase, and AIC rating. panelboard also lacks proper breaker space covers plates and Is in violation of NEC 110.27 Guarding from Live Parts. �Sr yG ki AIL 0 Ax & o Short circuit analysis: this section presents all the information regarding the device duty calculation, a brief methodology of short circuit calculation per IEEE/ANSI standards including the tabular format of the scenarios and results along with the supportive notes. o Protective device coordination study: this section includes the information regarding the device coordination, a brief methodology per standards, list of all the TCCs, TCC graphs, and device settings in tabular format with adjustable settings for low and medium voltage devices. o Arc flash study: this section includes the information regarding the arc flash study, a brief methodology per standards, list of all the scenarios, and a tabular format of the incident energy results. o System data: this section reflects all the resources and documentations utilized for the study for equipment, data gathering and modeling including the assumptions. o Utility data: fault current information obtained from the utility for the purpose of study for each model. City Council 17 — 95 10/18/2022 o Short circuit input/output reports: this section presents the input/output reports and all the associated calculations. This section can be added as an attachment and not incorporated into the main report upon City of Santa Ana's request. o One line diagrams: this section represents the one line diagram with a very comprehensive set of the data shown for individual equipment including ratings, settings, etc. It is very easy to navigate and find associated information for any equipment in the one line which is also color coded based on the voltage levels. The format of the presented data for each equipment can be customized upon City of Santa Ana's request. Below show a sample of the data formats shown on the one -lines: DBU Panelboard 0.48 kV 12oo A 65 kA CB-T-UTTPA General Electric SELA 100 65 kA Spectra RMS S E- i o u Rating Plug= ioo LT Pickup = Fixed LT Band = Fixed ST Pickup = Fixed STBand= Fixed((I^x)t= IN) Inst.Pickup= MAX F-T-UTTPA Cf Ph: i i AWGfkanil 70 ft CU XHHW AIG Conduit T-UTTPA (PRI) Other 0.48 kV ID: T-UTTPA Rated: 45 kVA Max: 45 kVA PrifSec: 0.48 kV Pos %Z: z.9 % T-UTTPA (SEC) Other o.zo8 kV CB-T-UTA \ General Electric J SFLA 250 65 kA Spectra RMS SF - 25o Rating Plug= 25o LTPickup= Fixed LT Band = Fixed STPickup= Fixed ST Band = Fixed ((IAx)t= IN) Inst. Pickup = MAX F-T-UTA CfPh: I 25o AWGfkcmil 70 fit CU XHHW A/C Conduit T-UTA (PRI) Other o.48 kV a ID: T-UTA Rated: 112.5 kVA Max 112.5 kVA 0.208 kV PrifSec: 0.48 kV 0.208 kV Fes %Z: 3.9 % T-UTA(SEC) Other o.zo8 kV City Council 17 — 96 10/18/2022 4.6. Common Problems / Observations The following improvements to the potential issues which can be common and/or typical can be recommended in respect to the developing the arc flash models and study for the City of Santa Ana electrical systems: o Coordinating and arrangements with the utility company and identifying the designated engineer in there ahead of time in order to obtain the available fault current(s) for the system study. o Coordination between the client (City of Santa Ana) and the contractor in the kick off meeting(s) to allocate specific times and technicians familiar with the job -site for the data collection activity in order to avoid delays. o Providing the existing documentations and past reports to assist contactor reviewing and identifying what needs to be performed ahead of time in order to get ready for the data collection effort. This also possibly includes the type of relays that have been installed in the field for preparation purposes. o Making sure that the contractor has access to the electrical rooms and equipment in the normal hours. Coordinating with the contractor for outside of the normal hours. o Identifying the proper tools / equipment prior to the data collection effort in order to avoid delays. For some older / newer relays proper software or tools are needed in order to read/download the settings of the relays. o Coordinate shutdowns (if required) and proper lighting in case of shutdowns for the data collection activity. SMAART POWER is dedicated to provide a high quality service to all of its customers as it currently has with a very high rate of satisfaction. The responsiveness, being on -time and addressing the issues with the deep understanding of the power systems and problem solving capabilities, makes us one of a kind in the industry. We make sure all the details and corners are covered and nothing is left behind or unresolved. City Council 17 — 97 10/18/2022 S. Relevant Proiect Experience No. Client Name ft Address Contact name Telephone Email Project chedule Cost Personnel's name Responsibility 1 Naval Base Facility AVFAC) 3455 Senn St, San Diego, CA 92136 Tom Rettenmaier 805-390-6245 tom.rettenmaier tr s.or 9/20 - 6/21 $110,000.00 Ali Halimi Project Manager 2 Naval Air Weapon Station 1 Administrative Circle, Rid ecrest, CA 93555 Tom Rettenmaier 805-390-6245 tom.rettenmaier tr s.or 6/20 -11/21 $72,500.00 Ali Halimi Project Manager 3 Los Angeles Metropolitan Transportation Authority 1 Gateway Plaza, Los Angeles, CA 90012 Teo Dominguez 818-763-9179 teo@ebs-la.com 1/21-12/21 $45,000.00 Ali Halimi Project Manager 4 Naval Facilities Engineering Command Southwest 311 Main Rd, NAS Point Mugu, CA 93042 Tom Rettenmaier 805-390-6245 tom.rettenmaier tr s.or 7/20 - 3/21 $38,500.00 Andrew Mirzakhanian Project Manager 5 NASA Jet Propulsion Laboratory Buildings 4800 Oak Grove Dr, Pasadena, CA 91109 $245,000.00 Andrew Mirzakhanian Project Manager 6 South Tempe Water Treatment Plant 6600 S Price Rd, Tempe, AZ 85283 Michelle Sora 520-471-3855 msora@pro-techservices.co 1/21 - 8/21 $25,500.00 Ali Halimi Project Manager 7 Arlington Generation Plant 39027 W Elliot Rd, Arlington, AZ 85322 Michelle Sora 520-471-3855 msora@pro-techservices.co 1/22 - OnRoing $88,500.00 Ali Halimi Project Manager 8 Leucadia Wastewater District 1960 La Costa Ave, Carlsbad, CA 92009 Barry Kimble 907-268-8127 bkimble Isourcedist.com 11/20 - 9/21 $12,200.00 Ali Halimi Project Manager 9 Lake Michigan Water Treatment Plant 17350 Lake Michigan Dr, Grand Rapids, MI 49503 11/18 - 5/19 $18,800.00 Ali Halimi Project Manager 10 Occidental Petroleum - Midland Refinery 1600 Gehrig Dr, Midland, TX 79706 David Renfro 713-540-4815 david.renfro@oxy.com 1/14 -10/17 $268,000.00 Ali Halimi Project Manager 11 USC Norris / Norman Hospitals 1441 Eastlake Ave, Los Angeles, CA 90033 Adrian K zima 818-330-7173 adrian k zima.com 1/22 - Ongoing $44,550.00 Andrew Mirzakhanian Project Manager 12 UTC Aerospace Systems 11120 Norwalk Blvd, Santa Fe Springs, CA 90670 Marco Vasquez 323 353-6231 mvas uez little'ohn-reulmd.com 10/21 - 3/22 $30,800.00 Matt Rahmani Project Manager 13 Aera Energy Refinery 10000 Ming Ave, Bakersfield, CA 93311 Tom Edgar 760-223-9206 tom.ed ar eaton.com 5/18 - 6/19 $148,600.00 Ali Halimi Project Manager 14 Tennessee Valley Authority - Se uo ah Nuclear Plant 2440 I ou Ferry Rd, Soddy -Daisy, TN 37379 Mark Bowman 423-593-5417 mdbowman tva. ov 5/21 - 9/21 $55,000.00 Ali Halimi Project Manager 15 B.Braun Medical Manufacturing Plant 2525 McGaw Ave, Irvine, CA 92614 Nima Ba an 949-278-3945 nima bbraun.com 6/14 -10/15 $218,000.00 Ali Halimi Project Manager 16 Seattle City Light 700 5th Ave #3200, Seattle, WA 98104 Margaret Kirk 360-649-2429 mar aret.kirk seattleci . ov 6/15 -10/17 $446,800.00 Ali Halimi Project Manager 17 ZADCO Offshore Plant UAE 8/15 -12/16 $96,500.00 Ali Halimi Project Manager 18 Michigan Technical University 1400 Townsend Dr, Houghton, MI 49931 9/18 -12-18 $12,100.00 Ali Halimi Project Manager 19 Disney Studios 15 Buildings) Glendale/Burbank, CA Adrian K zima 818-330-7173 adriank zima.com $110,000.00 Andrew Mirzakhanian Project Manager 20 Enwave Wells Faro Center 707 Wilshire Blvd Fl 1, Los Angeles, CA 90017 Michael Lahlou 714 713-6962 Michael.Lahlou cordobaco .com 8/21 -11/21 $15,500.00 Matt Rahmani Project Manager 21 Future Foam Manufacturing 2451 Cypress Way, Fullerton, CA 92831 Brad Peikert 714 862-5409 bpeikert@futurefoam.com 5/21-8/21 $36,500.00 Matt Rahmani Project Manager 22 Cedar Sinai Medical Center Davis Building 110 N George Burns Rd, Los Angeles, CA 90048 abbas he dari 310-877-2835 amps h@,hotmail.com 4/19-8/19 $88,200.00 Matt Rahmani Project Manager 23 TRM Manufacturing 375 TRM Cir, Corona, CA 92879 DON NELSON 951 532-9572 donnelsonnac@yahoo.com 6/20-9/20 $66,100.00 Matt Rahmani Project Manager 24 Childem's Hospital LA 4650 Sunset Blvd, Los Angeles, CA 90027 OSCAR MARTINEZ 714 882-0062 omarfinez@macelectricinc.com 8/21-10/21 $19,000.00 Matt Rahmani Project Manager City Council 17-98 10/18/2022 6. Project References Project-1: Naval base Facility (NAVFAC) — San Diego, CA Year Completed: 2021 Client Name: NAVAL BASE Contact. Tom Rettenmaier Phone: (805) 390-6245 The scope of this project was modeling the entirety of the new substation for Pier-8 location for multiple ship skids fed from one of the main switchyards including the existing protection and feeders. The scope of the power system study was delineated at multiple redundant stations with transformers sized at 8MVA, 4MVA and 2.5MVA with several voltage regulators down to the 480V distribution circuits tied to renewable energy system (solar). Comprehensive power systems study was performed comprising power flow study, short circuit device evaluation, protective device coordination and arc flash hazard assessment/mitigation as well as programming SEL relays. This was a ten-month project that required gathering existing data, cross-referencing the existing single line diagram, and updating documents to ensure accurate record documents. Additional scope included highlighting existing installation code violations and recommendations to remedy and comply with current codes and standards. The overall power system study included a total of twenty-four scenarios of operation between utility and backup system, highlighting the worst -case incident energy at each piece of equipment. Deficiencies within the electrical system were highlighted and presented with recommendations to remedy such deficiencies, such as overdutied equipment, incident energies greater than 40cal/cm^2, and miscoordination between protection tiers. Project-2: Naval Air Weapons Station — Ridgecrest, CA Year Completed: 2021 Client Name: NAVAL AIR WEAPONS STATION Contact: Tom Rettenmaier Phone: (805) 390-6245 The scope of this project was modeling four new substations replacements and perform load flow study, short circuit device evaluation, protective device coordination and Arc flash hazard assessment/mitigation studies. Each substation is fed from the upstream switching station with 2500kVA, 2000kVA, 1500KVA and 1000kVA transformers including voltage regulators and Tri-Phase switches/protection from 12kV to 4.16kV / 480V loads. During the modeling and study, some deficiencies were found such as overdutied protective devices and adjustment of relay setpoints to coordinate with the upstream and downstream circuits. This studies for those four new substations may lead to the study for the entire electrical system of the facility due to some mis-coordination problems found in the study. City Council 17 — 99 10/18/2022 Each substation was successfully energized and commissioned and all tests were passed according to the power system study report for this project. Project-3: Los Angeles Metropolitan Transportation Authority — Los Angeles, CA Year Completed: 2021 Client Name: LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY Contact: Teo Dominguez Phone: (818) 763-9179 The scope of this project was to model three entire stations of the "Los Angeles Metropolitan Transportation Authority" (East/West 1st Central Stations, East/West 2nd Broadway Stations and East/West 2nd Hope Stations) with a lot of upgrades to the existing equipment, new installations of breakers and relays, and extending the power distribution to the new circuits. The analysis included coordinating with the upstream 34.5kV circuits with normal/reserved power from the utility and two feeds for each station. Each station has very large motors and a bunch of smaller motors with UPSs. The new installations as well as replacements/upgrades/retrofits to the exiting breakers needed to be evaluated for the available fault currents from the utility. In addition, the entire stations for all three needed to be re-evaluated for the coordination study, and new and recommended settings had to be provided. Arc flash study needed to be performed for all three stations as well. During the short circuit study, a few breakers/MCCs failed. Looking further into the study and verifying the actual operation of some of the larger motors, we found out some of them operated intermittently and not at the same time. That alleviated the problem of high fault currents contributing from those larger motors. We also came across situations that by adjusting and recommending settings for some of the breakers to achieve proper coordination and selectivity, the incident energies on some of the equipment would go higher. We also suggested the replacement of the breakers with more advanced electronic trip devices to mitigate the incident energies. However, due to the associated cost, the owner decided to stay with the current equipment. The owner of the project also decided to utilize the recommended settings for some of the non -critical circuits, which could be de -energized for performing work on them. For the rest, the old settings were utilized to keep the incident energies down while compromising selectivity since those circuits could not be de -energized prior to work since they were part of the critical circuits and had to be kept energized at all times. 7. Electrical Safetv Proaram SMAART POWER will create and implement a Safety Program which will be in accordance with the guidelines set out by OSHA and the 70E requirements for electrical safety in the workplace, based on the specific needs of the Santa Ana Public Works Agency. The Safety Program will include, but not be limited to the following: - Defining the requirements to meet safety standards City Council 17 — 100 10/18/2022 Identifying potential hazards and their relations to risks Identifying and defining Limited Approach boundaries and Arc Flash boundaries - Determining the Proper PPE needed o Identify what face, hands, and feet equipment will be needed to protect from any hazards o Identify proper clothing allowed and that which is not permitted when working with electrical equipment - Creating an Electrical Work Policy which will determine guidelines when working with energized equipment - Creating guidelines for de -energized work Creating a check list that can be used for all workers to minimize potential hazards Creating a check list for Supervisors to inspect areas of potential hazards to ensure safety Ensuring all hazardous and energized areas are properly identified using appropriate signage and warnings - Develop a schedule for proper evaluation of all areas of risk - Training necessary personnel in key positions this safety program so they may implement and train others in the set standards going forward. Create documents to be utilized for Safety compliance which will include images of the specific locations and charts in order to ensure safety and minimize hazard risks. City Council 17 — 101 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT APPENDIX ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: T-Reps Address: 2219 East Thousand Oaks Blvd Suite 212 Thousand Oaks, CA 91362 Contract Amount: $125,000 Contact Individual: Tom Rettenmaier Phone Number: (805) 390-6245 Facsimile Number: Year: 2021 Description of supplies, equipment, or services provided: Powers stems studies including load flow, short circuit device evaluation, coordination and arc flash Reference Tennessee Valley Authority Customer Name: Nuclear Plant Contact Individual: Mark Bowman Address: 1101 Market St. Chattanooga, TN 37402 Contract Amount: $55,000 Phone Number. (423) 751-8239 Facsimile Number: Year: 2021 Description of supplies, equipment, or services provided: Modeling of the DC power s stem for Se uo a Nuclear Plant Reference Customer Name: EBS-LA Address: 15515 San Fernando Mission Blvd Suite 9 Mission Hills CA 91345 Contract Amount: $25,000 Contact Individual: Teo Dominguez Phone Number: (818) 763-9179 Facsimile Number: Year: 2021 Description of supplies, equipment, or services provided: Power systems studies including short circuit, coordination and arc flash studies City Council Arc Flash Analysis and Electrical S f ty P am Development 10/18/2022 Page 26 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT Reference Customer Name: Kizyma Electric Address: 3608 Clifton Pl. Glendale, CA 91208 _ Contract Amount: $110,000 Contact Individual: Adrian Kizyma Phone Number: (818) 767-8000 Facsimile Number: Year: 2021 Description of supplies, equipment, or services provided: Power system modeling and analysis of the Disney buildings for short circuit, coordination and arc flash THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council Arc Flash Analysis and Electrical SaUty�� am Development 10/18/2022 Page 27 8. Insurance Certificates City Council 17 — 104 10/18/2022 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/21 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aimee Guesno NAME: Cornerstone Specialty Insurance Services, Inc. pnHiC Ext : (714) 731-7700 AIX No : (714) 731-7750 E-MAIL amee@cornerstonespecialty.com ADDRESS: 14252 Culver Drive, A299 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: RLI Insurance Company 13056 Irvine CA 92604 INSURED INSURER B : INSURER C : SMAART POWER INSURER D : 24301 Rhona Drive INSURER E : INSURER F : Laguna Niguel CA 92677 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR ADDT'L INSURED / P & NC PSB0009703 08/31/2021 08/31/2022 EACH OCCURRENCE $ 2,000,000 DAMAGE TO PREM SES Ea occurante $ 1,000,000 _7CLAIMS-MADE X MED EXP (Any one person) $ 10,000 X BLNKT WVR OF SUBRO PERSONAL &ADV INJURY $ INCLUDED LAGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT: MOTHER GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY PSB0009703 08/31/2021 08/31/2022 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE r accident Pare. $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PSE0004848 12/14/2021 08/31/2022 EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 DED I I RETENTION $ r $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of coverage in force. Contractual insurance requirements will be addressed at the time the contract is awarded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR PROPOSAL PURPOSES ONLY PLEASE CONTACT ACCORDANCE WITH THE POLICY PROVISIONS. CORNERSTONE SPECIALTY AUTHORIZED REPRESENTATIVE TO VERIFY COVERAGE IN FORCE ""Y I r l w" @ 1988-2015 ACORD c6h1P6VAtit*.`AII rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD O �® ACC%Z �V�CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD 11/17/20212021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BIBERK P.O. Box 113247 Stamford, CT 06911 CONTACT NAME: PHONE 844-472-0967 FAX 203-654-3613 A/C No Ext: A/C No: ADDRESS: customerservice@biBERK.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Wellfleet Insurance Company 32280 INSURED SMAART POWER INSURER B : INSURERC: SMAART POWER INSURERD: 24301 RHONA DR Laguna Niguel, CA 92677 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 OCCUR DAMACLAIMS-MADE PREMISES TO ..ED PREMISES Ea occurrence $ 0 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 POLICY PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 0 $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRI ETOR/PARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) NIA N9WC369231 11/16/2021 11/16/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1r000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1 ��� �Ot) $ r i Professional Liability (Errors & Per Occurrence/ Omissions): Claims -Made Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Exclusions: SANAZ SHARAFKHANIAN; Additional Named Insured:SMAART POWER CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clean Energy THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN 4675 MacArthur Court Suite 800 Newport Beach, CA 92660 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORA`ITON.-AII rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD O �® ACC%� �V�CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BIBERK Box 113247 Stamford, CT 06911 CONTACT NAME: PHONE 844-472-0967 FAx 203-654-3613 A/C No Ext: A/C No: ADDRESS: customerservice@biBERK.com INSURERS AFFORDING COVERAGE NAIC # INSURERA: Berkshire Hathaway Direct Insurance Company 10391 INSURED SMAART POWER INSURER B : INSURER C : INSURERD: 24301 RHONA DR Laguna Niguel, CA 92677 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WV POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/YY LIMITS COMMERCIALGENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMACLAIMS-MADE PREMISES TO ..ED PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ NIA E.L. DISEASE- EA EMPLOYEE $ (Mandatoryin NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ A Professional Liability (Errors & Omissions): Claims -Made N9PL079670 8/31/2021 8/31/2022 Per Occurrence/ Aggregate $1,000,000/ $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clean Energy THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN 4675 MacArthur Court Suite 800 Newport Beach, CA 92660 AUTHORIZED REPRESENTATIVE v11y vvU� w�� . I . v I ©1988-2015 ACORD CoilFyb �X`I`VW'All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 9. Non -Collusion Affidavit City Council 17 — 108 10/18/2022 CITY OF SA€VTA ANA RFP NO.,- 22-023 ARC FLASH ANAYLS€S AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT NON -COLLUSION AFFIDAVIT 1ZTitle 23 United States Code Section 112 and Public Contract Code Section 71U0; in conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the Laid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization. or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to out in a false or sham bid, and has not directly or indirectly colluded. conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner. directly or indirectly. sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price. or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not. directly or indirectly. submitted his or her bid price or any breakdown thereof; or the contents thereof. or divulged information or data relative thereto. or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note' The ove Non --collusion Affidavit is part of the Proposal. BIDDERS are c tioned that making a false certification may subject the certifier to crimin aros tion. Signed -- - State of California County of Subscribed an sworn to (or affirmed) before me on this 02 day of 114nQ , 20_� 2- by _Ali ez 1 PtSL , proved to me on the basis of satisfactory evidence to be the person "ho appeared before me Notary Public Signature JAVID I. ANf AVALA q COMW # 237E}4p3 z Notary Public . California a Orange County ��� ?�t Comm. Expires Au - 28, 2025 Notary Public Sea? A notary public or other officer completing this certificate verifies only the identity of the indi. vidual who signed the document to which this oertiticate is attached, and not the truthfulness, acouracy, or validity of #hat document, City of Santa Ana RFP 22-02 City Council Page 38 1 - 1 10/18/2022 10. Non-Lobbvina Certification City Council 17 —110 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Principal Firm: Smaart Power Date: 5/20/2022 City Council Arc Flash Analysis and Electrical Sa ty;Aram Development 10/18/2022 Page 39 1 1. Non -Discrimination Certification City Council 17 —112 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or City Council Arc Flash Analysis and Electrical salWty-0114am Development 10/18/2022 Page 40 12. Agreement Statement SMAART POWER has reviewed the sample agreement contract and finds no areas of concern except item #1 in the following in regards to the agreement: 1. SMAART POWER is not certain if "Arc Flash Study Development for the City of Santa Ana" falls under prevailing wage requirements as indicated in Attachment-4 Section.4 therefore SMAART POWER considers the provided "Fees and Standard Cost Schedule" is applicable to this project as indicated in the "FEE & STANDARD COST SCHEDULE" attachment. 2. Be able to perform the agreed upon work with knowledge and expertise 3. Complete the project as defined in Scope of Services 4. Accept payment as outlined and will provide applicable invoices evidencing work performed 5. Be construed as an independent contractor for the city of Santa Ana. 6. Allow non-exclusive and perpetual license for the city to use and copy programs created 7. Provide proof of insurance as required 8. Maintain confidentiality in regard to information that may be proprietary or confidential 9. Have no conflicting interests in regards to this projects and the performance of services. City Council 17 —114 10/18/2022 EXHIBIT C City Council 17 —115 10/18/2022 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the ATTACHMENT 1: SCOPE OF WORK. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Water Resources Division. FEE SCHEDULE The undersigned declares that he/she has carefully examined the request for proposal, that he/she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Smaart Power Arc Flash Analysis Fee Schedule for Contractor to provide updated single line electrical drawing, short circuit model drawing and arc flash model drawing for the following locations (existing historical documentation can be found in Appendix B): Item # Bid Item Unit Quantity Amount 1. Well 24 (1800 W 2211d St, Santa Ana) LS 1 $ 3,000 2. Well 29 (101 S Flower St, Santa Ana) LS 1 $ 3,000 3. Well 31 (1815 W Chestnut Ave, Santa Ana) LS 1 $ 3,400 4. Well 33 (917 W Walnut St, Santa Ana) LS 1 $ 3,700 City Council Arc Flash Analysis and Electrical S ty r am Development 10/18/2022 Page 24 CITY OF SANTA ANA RFP NO.: 22-023 ARC FLASH ANAYLSIS AND ELECTRICAL SAFETY PROGRAM DEVELOPMENT 5. Well 34 (1727 W Alton Ave. Santa Ana) LS 1 $ 4,200 6. Well 35 (1718 N Sydney St, Santa Ana) LS 1 $ 4,200 7, Well 36 (2415 N Bristol St, Santa Ana) LS 1 $ 3,700 8. Well 37 (2007 McFadden Ave, Santa Ana) LS 1 $ 3,700 9. Well 38 (2736 N Cambridge, Santa Ana) LS 1 $ 3,700 10. Well 39 (2315 N Bristol St, Santa Ana) LS 1 $ 5,800 11. Well 40 (1301 Mabury St, Santa Ana) LS 1 $ 3,700 12. Well 41 (907 N Flower St, Santa Ana) LS 1 $ 3,700 Total $ 45,800 Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. BIDDER INFORMATION: Legal Company Name: Smaart Power Complete address: 300 Spectrum Center ❑r. Ste 431 Irvine CA 92618 Phone Number: 949-209-7299 Email Address: ali@smaartpower.com Authorized Signature: Name: Ali Halimi Title: Principal City Council Arc Flash Analysis and Electrical SaWty-48�ram Development 10/18/2022 Page 25 SMAART POWER LLC. STANDARD HOURLY FEE SCHEDULE Classification Hr Rate Indirect (%) Subtotal Profit (%) Total Registered Principal Engineer $ 130.00 30.0 $ 169.00 15.0 $ 194.35 Registered Engineer $ 110.00 30.0 $ 143.00 15.0 $ 164.45 Senior Engineer $ 90.00 25.0 $ 112.50 12.5 $ 126.56 Field Engineer $ 85.00 35.0 $ 114.75 12.5 $ 129.09 Junior/Assistant Engineer $ 65.00 20.0 $ 78.00 10.0 $ 85.80 Project Manager $ 85.00 20.0 $ 102.00 15.0 $ 117.30 Designer $ 95.00 25.0 $ 118.75 12.5 $ 133.59 Draftsman $ 65.00 25.0 $ 81.25 10.0 $ 89.38 Report Processor / Administration $ 45.00 35.0 $ 60.75 10.0 $ 66.83 Other Direct Costs Items/Expense Travel Cost + 5% Mileage 0.3/mi City Council 17 – 118 10/18/2022 Planning and Building Agency www.santa-ana.org/pb Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE: Historic Property Preservation Agreements RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s), subject to non - substantive changes approved by the City Manager and City Attorney. Historic Property Property Owner(s) Preservation Address/House Vote by HRC Agree ent No. Benjamin and 6:1:0:2 Catherine Mayberry 2022-03 2405 N Bonnie Brae (Pena Sarmiento and Shipp Absent Duane Rohrbacher 2022-05 419 E. Wellington 7:0:0:2 (Pena Sarmiento and and Shannon Quihuiz Avenue Shipp Absent) 7:0:0:2 Eriq Dominguez 2022-13 2222 N Ross Street (Pena Sarmiento and Shipp Absent Mark and Wendy 7:0:0:2 Blalock 2022-14 1720 N Olive Street (Pena Sarmiento and Shipp Absent Yi Ran and Tom 7:0:0:2 Nguyen 2022-15 1802 N Ross Street (Pena Sarmiento and Shipp Absent 7:0:0:2 Marny Gae Renteria 2022-16 1128 W Riviera Drive (Pena Sarmiento and Shipp Absent 2425 N Valencia 7:0:0:2 Katherine Canada 2022-17 Street (Pena Sarmiento and Shipp Absent) City Council 18-1 10/18/2022 Approval of Historic Property Preservation Agreements October 18, 2022 Page 2 DISCUSSION On September 8, 2022, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the above -referenced Mills Act agreements with the identified property owners for historic structure(s) in the city, subject to non -substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2022-45 (2405 N Bonnie Brae) • ER No. 2022-79 (1802 N Ross Street) • ER No. 2022-80 (1128 W Riviera Drive) • ER No. 2022-81 (1720 N Olive Street) • ER No. 2022-82 (2222 N Ross Street) • ER No. 2022-83 (2425 N Valencia Street) • ER No. 2022-84 (419 E Wellington Avenue) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $7,251.58 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2022-03 2405 N Bonnie Brae $1,042.18 1-2 2022-05 419 E Wellington Avenue $908.99 3-4 2022-13 2222 N Ross Street $874.16 5-6 2022-14 1720 N Olive Street $913.89 7-8 2022-15 1802 N Ross Street $1,120.35 9-10 2022-16 1128 W Riviera Drive $1,179.26 11-12 2022-17 2425 N Valencia Street $1,212.75 13-14 Total for All Properties: $7,251.58 EXHIBIT(S) 1. Mills Act Agreement — 2405 N Bonnie Brae 2. HRC Staff Report — 2405 N Bonnie Brae 3. Mills Act Agreement — 419 E Wellington Avenue 4. HRC Staff Report — 419 E Wellington Avenue 5. Mills Act Agreement — 2222 N Ross Street 6. HRC Staff Report— 2222 N Ross Street City Council 18 — 2 10/18/2022 Approval of Historic Property Preservation Agreements October 18, 2022 Page 3 7. Mills Act Agreement — 1720 N Olive Street 8. HRC Staff Report— 1720 N Olive Street 9. Mills Act Agreement — 1802 N Ross Street 10. HRC Staff Report— 1802 N Ross Street 11. Mills Act Agreement — 1128 W Riviera Drive 12. HRC Staff Report— 1128 W Riviera Drive 13. Mills Act Agreement — 2425 N Valencia Street 14. HRC Staff Report— 2425 N Valencia Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 18 — 3 10/18/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Benjamin K. and Catherine I. Mayberry, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2405 Bonnie Brae, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2405 Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 4 10/18/2022 Exhibit 1 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 _ 18 — 5 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council _ 3 _ 18 — 6 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2405 Bonnie Brae, Assessor Parcel Number, 002-121-16, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council _ 4 _ 18 — 7 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Benjamin and Catherine Mayberry 2405 Bonnie Brae Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council _ 5 _ 18 — 8 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council _ 6 _ 18 — 9 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 ATTEST: CITY OF SANTA ANA Clerk of the Council KRISTINE RIDGE City Manager OWNER Date: By: BENJAMIN K. MAYBERRY Date: By: CATHERINE I. MAYBERRY APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By:69•�� JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency City Council 18 — 10 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 5 AND 6 OF TRACT NO. 761, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 35 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-121-16 City Council 8 18 —11 10/18/2022 Exhibit B EXECUTIVE SUMMARY Gibbs-Wasley House 2405 Bonnie Brae Santa Ana, CA 92706 NAME Gibbs-Wasley House REF. NO. ADDRESS 2405 Bonnie Brae CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 2D Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 2D: Contributor to a district determined eligible for NR by the Keeper. Listed in the CR. City Council 18 — 12 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) Gibbs-Wasley House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 2405 Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-121-16 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof clad in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing include multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables, a double gable at west side fagade, exposed, rounded and notched rafter tails and bargeboards in the shallow eaves, and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south fagade, and along a portion of the east fagade are not original, nor is the brick cladding of the entry porch. The home features multiple tall, attached brick chimneys rising above the roofline. Multi -light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double -hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick -paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two -car garage, also clad in stucco. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) South elevation, view north May 2022 *P6. Date Constructed/Age and Sources: ■historic 19281 City of Santa Ana Building Permits *P7. Owner and Address: Benjamin and Catherine Mayberry 2405 Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 7, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachm 0ArchQdygCc.0ffApy(-d ❑District Record ❑Linear Feature Re4(gd—C11311ing Station Record ❑RoVDA'i}7$ 2022 ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Gibbs-Wasley House 131. Historic Name: Gibbs-Wasley House 132. Common Name: Same 133. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): September 19, 1928. Constructed. $15,000. May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60. July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5, 824. November 18, 2019. Repair/replace drywall as required. $15,000. March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundr,y room. $150,000. March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000. March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35, 000. March 8, 2022 (permit issue date). Install swimming pool and spa. $60,000. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: Detached Garage. Original location: 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1928 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15, 000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in Downtown Santa Ana. The Gibbs were prolific in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women's organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte who lived in the home for a short time. In 1954 the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and post -graduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1957, Bill joined the US Department of Agriculture, Western Regional Research Laboratory. His research included fiber and polymer chemistry. In 1962 the home was occupied by George and Vernelle Frazier, George was a local realtor. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away and the home is now in the care of new owners. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: July 7, 2022 (This space reserved for official comments.) Sketch Map Gibbs-Wasley House 2405 Bonnie Brae m NOWN PARK .o .O N' I a�bO75OI� Mr ' . r 3 . 4 ' xes TFA T sal i i sss«/ y 7saaa N 20 19 j II 12 ^j . 13 14 15 I i6 Q POTnS,aORDNN I W I POF. L<�T3 i i 0 I I � S 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Gibbs-Wasley House *Recorded by Pedro Gomez *Date July 7, 2022 ❑x Continuation ❑ Update *1310. Significance (continued): The Gibbs-Wasley House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhood were mostly developed in the revival style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30- 2.2). Character -defining features of the house include, but are not limited to:asymmetrical massing and composition; a steeply pitched, complex gable roof, a combination of brick and stucco exterior walls, and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; brick entry surround featuring common bond with every fourth course raised; a barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door; brick dado reaching to first floor sill level; gabled dormers; multi -light casement windows clustered in pairs, triples, and larger groups; and brick -paved entry, stairs, and pathways. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. City Council DPR 523L 18 — 15 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council _ 1 18 — 16 10/18/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 17 10/18/2022 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 — Gibbs-Wasley House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 13 and Historic Register Categorization No. 2022-6 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Benjamin and Catherine Mayberry, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Benjamin and Catherine Mayberry are requesting approval to designate an existing residence located at 2405 Bonnie Brae to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The request was originally agendized for the July 7, 2022, Historic Resources Commission (HRC) meeting. However, after opening up the public hearing and discussing the request, the HRC voted to continue the item to the next regular meeting. The item was continued to allow the HRC time to ensure that ongoing construction on the site was in keeping with the approval of Historic Exterior Modification Application (HEMA) No. 2021-03, which was granted by the HRC on July 1, 2021, to allow exterior modifications to the residence. The exterior modifications consisted of additions to the first floor, basement, and detached garage, and the construction of a pool and spa and three detached accessory structures. For reference, staff has included site photos of the ongoing construction (Exhibit 4) and has included the HRC approved drawing exhibits (Exhibit 5), which include the approved site plan, demolition plans, floor plans, and elevations. Bittd@icdi�edources Commission 181-118 109Y8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 — Gibbs-Wasley House September 8, 2022 Page 2 DISCUSSION Project Location and Site Description The subject property is located on the northwest corner Benton Way and Bonnie Brae, in the Floral Park neighborhood. The site contains a 3,784-square-foot, Tudor Revival style residence and detached garage on a 15,700-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 94 years old and is a good example of period architecture. No known code violations exist on record for this property. The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15,000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in downtown Santa Ana. The Gibbs were enthusiastic participants in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women's organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte, who lived in the home for a short time. In 1954, the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and post- graduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1962 the home was occupied by local realtor George Frazier and his wife Vernelle Frazier. The Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched Bittd@icdi�edources Commission 181-12:3 109Y8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 — Gibbs-Wasley House September 8, 2022 Page 3 complex gable roof covered in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing includes multiple roof pitches with 12.12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables; a double gable at west side fagade; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south fagade, and along a portion of the east facade are not original, nor is the brick cladding of the entry porch or the front pathway. Although not original, the brick waiscot is compatible with the Tudor Revival style. The home features multiple tall, attached brick chimneys rising above the roofline. Multi -light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double -hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion, will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick -paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two -car garage, also clad in stucco. Character -defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys. The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in Bittd@icdi�edources Commission 181-2D 109V8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 — Gibbs-Wasley House September 8, 2022 Page 4 determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-45 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,042.18 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 4. Site Photos - 2405 Bonnie Brae 5. 2405 Bonnie Brae Approved Plans - HEMA No. 2021-03 6. July 1, 2022 - HRC Meeting Staff Report and Resolution of Approval Bittd@icdi�edources Commission 181-211 109Y8/2022 HRCA No. 2022-13, HRC 2022-6, HPPA No. 2022-3 — Gibbs-Wasley House September 8, 2022 Page 5 7. July 1, 2021 HRC Meeting Action Minutes Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@icdi�edources Commission 181-22 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-13 TO PLACE THE PROPERTY LOCATED AT 2405 BONNIE BRAE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-6 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On July 7, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-13) and categorization (Historic Resources Commission Categorization No. 2022- 6) of the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana. B. At the public hearing, the Historic Resources Commission discussed the applicant's request and voted to continue the item to the next regular Historic Resources Commission meeting, to allow the HRC time to ensure that ongoing construction on the site was in keeping with the approval of Historic Exterior Modification Application (HEMA) No. 2021-03, approved by Historic Resources Commission on July 1, 2021. C. On September 8, 2022, the Historic Resources Commission held the duly noticed continued public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-13) and categorization (Historic Resources Commission Categorization No. 2022-6) of the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana. D. The Gibbs-Wasley House has distinctive architectural features of the Tudor Revival style and was built in 1928. E. The Gibbs-Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. Character -defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys. Bittd@icdi�edources Commission 181-2B 109Y8/2022 Resolution No. 2022-XXX Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The legal owners of the property are Benjamin and Catherine Mayberry. G. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. H. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. I. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-45 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-13 to place the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-6 placing the Gibbs-Wasley House located at 2405 Bonnie Brae, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 181-214 109V8/2022 Resolution No. 2022-XXX Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Commission members Commission members Commission members Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@icdi�edources Commission 181-25 109Y8/2022 Resolution No. 2022-XXX Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-121-16 2405 Bonnie Brae REAL PROPERTY IN THE Benjamin K. and CITY OF SANTA ANA, Catherine I. COUNTY OF ORANGE, Mayberry STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 5 AND 6 OF TRACT NO. 761, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 35 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2022-XXX Bittd@iedi�edources Commission 181—B3 1 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-13 and Historic Resources Commission Categorization No. 2022-6 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2405 Bonnie Brae, historically known as the Gibbs-Wasley House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 181-21V 1 T9M RE MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Benjamin K. and Catherine I. Mayberry, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2405 Bonnie Brae, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2405 Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bihtd@iedi�edources Commission 1 181-28 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 17, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. OihtdTiedi�edources Commission _ 2 _ 181-02 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission 3 _ 1 El _33 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2405 Bonnie Brae, Assessor Parcel Number, 002-121-16, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 18i —3# 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Benjamin and Catherine Mayberry 2405 Bonnie Brae Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 13 —325 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 13 —31 109V8/2022 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: BENJAMIN K. MAYBERRY By: CATHERINE I. MAYBERRY RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Bihtd@iedi�edources Commission 7 _ 18-3w 109Y8/2022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 5 AND 6 OF TRACT NO. 761, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGES 35 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-121-16 Bittc@iedi�edources Commission 8 13 —GIs 109V8/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Gibbs-Wasley House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 31 2015 *c. Address 2405 Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-121-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof covered in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing includes multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables; a double gable at west side fagade; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood - paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south fagade, and along a portion of the east fagade are not original, nor is the brick cladding of the entry porch or the front pathway. Although not original, the brick waiscot is compatible with the Tudor Revival style. The home features multiple tall, attached brick chimneys rising above the roofline. Multi -light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double -hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion, will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick -paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two -car garage, also clad in stucco. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other PSb. Photo: (view AA + e) South elevation, view north May 2022 *P6. Date Constructed/Age and Sources: ■historic 19281 City of Santa Ana Building Permits W. Owner and Address: Benjamin and Catherine Mayberry 2405 Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 7, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") 1980 Determination of Eligibility for the North Broadway Park Historic uistnct *Attachments: ❑None ❑Location Man ❑Sketch Marl ■Continuation Sheet ■Building. Structure. and Object Record ❑ArchqLFRt%6LPiCgfffflS1gar Feature RegcacL�Jj@ling Station Record ❑Ro¢b20212 ❑Artifact ecord ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Gibbs-Wasley House 131. Historic Name: Gibbs-Wasley House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): September 19, 1928. Constructed. $15,000. May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60. July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5,824. November 18, 2019. Repair/replace drywall as required. $15,000. March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundry room. $150,000. March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000. March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35,000. March 8, 2022 (permit issue date). Install swimming pool and spa. $60, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1928 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15, 000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in downtown Santa Ana. The Gibbs were enthusiastic participants in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women's organizations. The home was sold in 1947 to rancher Glenne E, Mathis and his wife Charlotte, who lived in the home for a short time. In 1954 the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and post -graduate degrees and was a research chemist for the U. S. Department of Agriculture. He had joined the U. S. Department of Agriculture, Western Regional Research Laboratory in 1957, researching fiber and polymer chemistry. In 1962 the home was occupied by local realtor George Frazier and his wife Vernelle Frazier. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away, and the home is now in the care of new owners. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: July 7, 2022 (This space reserved for official comments.) Sketch Map Gibbs-Wasley House 2405 Bonnie Brae b NOgTN PARK O O° 1 O O � O O• 17 18 OB O9 � 7R or 7 5 I I I it'A TRA T ca.l r 20 � 19 i 11 12 yy !3 14 15 I 16 Q P0TTj5,80RD9 N 5 POR. " I � 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Gibbs-Wasley House 'Recorded by Pedro Gomez "Date July 7, 2022 El Continuation ❑ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gibbs-Wasley House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhood were mostly developed in the revival style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gibbs- Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana. (Santa Ana Municipal Code, Section 30- 2.2). Character -defining features of the house include, but are not limited to: asymmetrical massing and composition; a steeply pitched, complex gable roof; a combination of brick and stucco exterior walls; and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; a barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door,- brick dado reaching to first floor sill level; gabled dormers; multi -light casement windows clustered in pairs, triples, and larger groups; and brick -paved entry, stairs, and pathways. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Bibtdl;ieLRedources Commission 181—M DPR 523L 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Gibbs-Wasley House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 31 2015 *c. Address 2405 Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-121-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Gibbs-Wasley House is a two-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house exhibits a steeply pitched complex gable roof clad in composition shingle roofing. The exterior of the building is clad a combination of brick and stucco exterior walls. Notable detailing include multiple roof pitches with 12:12 pitched roofs on dominant gables, multiple overlapping gables, and varied eave heights. In addition, the home features a mixture of shed and dormer gables, a double gable at west side fagade, exposed, rounded and notched rafter tails and bargeboards in the shallow eaves, and arched gable vents. The primary front elevation is defined by a dramatic bellcast to one rake of the front gable and a prominent, barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door with plaster quoins in arched entry recess. The brick wainscot along the entire south fagade, and along a portion of the east fagade are not original, nor is the brick cladding of the entry porch. The home features multiple tall, attached brick chimneys rising above the roofline. Multi -light casement windows clustered in pairs, triples, and larger groups can be found along the first and second floor of the primary (south) elevation while fenestration on the side and rear elevations consists of double -hung windows with plaster sills. Substantially intact, the house is currently being expanded. The additions are appropriately located on the north (rear) and northwest elevations and in the basement of the house and on the west elevation of the garage. New construction, including a swimming pool and pool pavilion will be placed in the northwest interior section of the property and will not be visible. The property is simply landscaped with a mature trees, lawn, low vegetation and brick -paved entry, stairs, and pathways. The driveway is located along the east elevation and leads to the detached, two -car garage, also clad in stucco. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) South elevation, view north May 2022 *P6. Date Constructed/Age and Sources: ■historic 19281 City of Santa Ana Building Permits *P7. Owner and Address: Benjamin and Catherine Mayberry 2405 Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 7, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Arch �,F �7�1 ri 8 y SEl ar Feature Re1(gc C hing Station Record ❑RolblWo ❑Artifac cor ``1 o ograph F��''e''cor '"'�A ��jjt er (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Gibbs-Wasley House 131. Historic Name: Gibbs-Wasley House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): September 19, 1928. Constructed. $15,000. May 21, 1946. Termite work by Geo. E. Peterson, contr. For Glen Mathis. $60. July 15, 2003. T/o existing comp. and apply comp. to both garage and house. $5,824. November 18, 2019. Repair/replace drywall as required. $15,000. March 8, 2022 (permit issue date). Extend (e) basement, add bathroom and extend (e) kitchen, remodel (e) mudroom and laundr,yroom. $150,000. March 8, 2022 (permit issue date). Extend (e) garage, remove and reconfigure overhead garage doors, remove and replace mandoor. $15,000. March 8, 2022 (permit issue date). Free standing pavillion w/storage rooms and fireplace and arbor. $35,000. March 8, 2022 (permit issue date). Install swimming pool and spa. $60, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1928 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gibbs-Wasley House is architecturally significant as a characteristic example of the Tudor Revival architectural style in Santa Ana. It was built in 1928 for $15, 000. According to City directories, the first owners were William Isbell Gibbs and his wife Jessamyne Gibbs. They lived in the home for 16 years from 1929 to 1945. Mr. Gibbs was a partner at Gibbs and Scott Auto Repair in the rear of 726 S. Main Street in Downtown Santa Ana. The Gibbs were prolific in the Santa Ana social scene in the 1930s and entertained in the home often. Mrs. Gibbs was involved in local women's organizations. The home was sold in 1947 to rancher Glenne E. Mathis and his wife Charlotte who lived in the home for a short time. In 1954 the home was sold to Dr. William L. Wasley and his wife Ruth. William had several advanced and post -graduate degrees and was a research chemist for the U.S. Department of Agriculture. In 1957, Bill joined the US Department of Agriculture, Western Regional Research Laboratory. His research included fiber and polymer chemistry. In 1962 the home was occupied by George and Vernelle Frazier, George was a local realtor. After 1962 the home was occupied by several owners, in recent years it was owned by Marcia Cruchley who sadly passed away and the home is now in the care of new owners. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) Sketch Map Gibbs-Wasley House *1312. References: 2405 Bonnie Brae City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library b Sanborn Maps NOgTN PERK (See Continuation Sheet 3 of 3.) O O° O O j O O• 17 18 OB O9 � B13. Remarks: 7R cr s I I a.•� 'TRA T .r.�r *1314. Evaluator: Leslie Heumann/Chattel, Inc. b— c".1 s 20 � 19 i 11 12 yy !3 14 15 I 16 Q *Date of Evaluation: July 7, 2022 POTris,soRngN 5 POR. L¢r3 ' i I 0 e (This space reserved for official comments.) 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Gibbs-Wasley House 'Recorded by Pedro Gomez "Date July 7, 2022 El Continuation ❑ Update *610. Significance (continued): The Gibbs-Wasley House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, homes in the neighborhood were mostly developed in the revival style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gibbs- Wasley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality as an example of the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30- 2.2). Character -defining features of the house include, but are not limited to:asymmetrical massing and composition; a steeply pitched, complex gable roof, a combination of brick and stucco exterior walls, and multiple tall, brick attached chimneys. Notable detailing includes the dramatic bellcast to one rake of the front gable; exposed, rounded and notched rafter tails and bargeboards in the shallow eaves; brick entry surround featuring common bond with every fourth course raised, a barrel vaulted entry vestibule and correspondingly arched, wood -paneled, front door, brick dado reaching to first floor sill level; gabled dormers; multi -light casement windows clustered in pairs, triples, and larger groups; and brick -paved entry, stairs, and pathways. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Bibtdl;ieLRedources Commission 10 —42# DPR 523L 10OV812022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 18-4ffi 10OV812022 MILLS ACT AGREEMENT 2405 Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 13 —42B 109V8/2022 w" . li . r i HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3 GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE SITE PHOTOS - EXHIBIT 4 Bittc@iedi�eilources Commission 13 —4M 109V8/2022 r�► ' � k kg- Photos taken May 9, 2022 HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3 GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE SITE PHOTOS - EXHIBIT 4 Bittc@iedi�eilources Commission 13 —4N 109V8/2022 Photos taken August 30, 2022 HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3 GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE SITE PHOTOS - EXHIBIT 4 Bittc@iedi�eilources Commission 1 a —,W 109V8/2022 Mwz4--,v4l- Photos taken August 30, 2022 HRCA NO. 2022-13, HRC 2022-6, HPPA NO. 2022-3 GIBBS-WASLEY HOUSE - 2405 BONNIE BRAE SITE PHOTOS - EXHIBIT 4 Bittc@iedi�eilources Commission 13 —40 109V8/2022 ABBREVIATIONS ¢¢'®apr �F' uu3[a 2 E 0 urtaxAl d�dLR .10 vpm Isrnxr PROJECT SUMMARY PROJECT OWNER. BENJAMIN B CATHRINE MAYBERRY PROJECT ADDRESS. 2405 BONNE BRAE SANTA ANA, CALIFORNIA 927N LEGAL DESCRIPTION. LOTS 5 AND B OF TRACT 761 BOO( 22. PAGE 35 OF MSC MAPS A . P . N .. 002-RI-15 A 002-12H16 ZONE. R-1 HISTORIC STATUS, 2D- ON CALIFORNIA REGISTER CONSTRUCTION TYPE. sB FIRE SPRINKLERED. NONE OCCUPANCY GROUP. R-3 SINGLE FAMILY RESIDENTBLL STRUCTURAL OCCUPANCY CATEGORY. II ICBC TABLE 1604,51 SITE CLASS DEFINITION. D ICBC TABLE 1613S2) SEISMIC DESIGN CATEGORY. D ICBC SECTION IBIS) WIND EXPOSURE. C ICBC SECTION 18091 LOT AREA. 15,71E SF LOT COVERAGE. EXIST, PROP. IS8/. IB9/. BUILDING AREA. EXIST. PROP, TOTAL FIRST FLOOR 1902 SF 257 SF 2159 SF SECOND FLOOR 1625 SF 0 SF 1625 SF TOTAL HABITABLE AREA 3527 SF 257 SF 37M SF BASEMENT, 333 SF 189 SF 522 SF GARAGE 174 SF 126 SF 700 SF COVERED ENTRY: II SF 0 SF II SF COVERED POPCk 0 SF 340 SF 340 SF PAVILLION STORAGE 0 SF 99 SF 99 SF AREA OF INTERIOR REMODEL, HABITABLE SPACE 675 SF REQUIRED PARKING TOTAL SPACES REWIRED: 2 COVETED / 2 UNCOVERED COVERED PARKING PflOVIDED: 2 COVERED / 2 UNCOVERED INDEX OF SHEETS T COVER SHEET N 1 . 1 SPECIFICATIONS N 1 . 2 SPECIFICATIONS N2 SCHEDULE AO SITE PLAN A 1 .0 BASEMENT DEMOLITION PLAN A 1 . 1 FIRST FLOOR DEMOLITION PLAN A 1 .2 SECOND FLOOR DEMOLITION PLAN A 1 . S GARAGE DEMOLITION PLAN A 2 .0 BASEMENT FLOOR PLAN A2. 1 FIRST FLOOR PLAN A 2 . 2 SECOND FLOOR PLAN A 2 . 3 GARAGE FLOOR PLAN A 2 . 4 ACCESSORY STRUCTURES FLOOR PLANS A4.1 ROOF PLAN A 4 . 2 GARAGE ROOF PLAN A 4 . 3 ACCESSORY STRUCTURES NJCF PLAINS A 5 . 1 SOUTH AND EAST EXTERIOR ELEVATIONS A 5 . 2 NORTH AND WEST EXTENOI ELEVATONS A 5 . 3 GARAGE EXTERIOR ELEVATIONS A 5 . 4 ACCESSORY STRUCTURES EXTERIOR ELEVATIONS AS . 1 BUILDING SECTIONS A£ AS . 2 BUILDING SECTIONS F-H AS . 1 ARCHITECTURAL DETAILS A8.2 ARCHITECTURAL DETAILS A8.3 ARCHITECTURAL DETAILS MP 1 BASEMENT MECHANICAL d PLUMBING PLAN MP 2 FIRST FLOOR MECHANICAL M PLUMBING PLAN E 1 BASEMENT ELECTRICAL PLAN E2 FIRST FLOOR ELECTRICAL PLAN E 3 ACCESSORY STRUCTURES ELECTRICAL PLAN CG.1 CAL GREEN NOTES T24.1 MANDATORY MEASURES --_ T24.2 ENERGY COMPLIANCE S 1 GARAGE STRUCTURAL PLANS 82 HOUSE STRUCTURAL PLANS 83 ACCESSORY STRUCTURAL PLANS D 1 STRUCTURAL DETAILS D2 STRUCTURAL DETAILS D3 STRUCTURAL DETAILS D4 STRUCTURAL DETAILS VICINITY Mil Hall rlll�` Illm 17 H 9T 1IF-W F CONSULTANTS ARCHITECTURAL STRATOS FORM 275 SOUTH GLASSELL STREET ORANGE. CALIFORNIA 92866 T14 628 0777 SURVEYOR. ETIAN Z. REMINGTON EZR SURVEYING, LLC HJNTNGTON BEACH, CA T60 710-961 STRUCT. ENGINEERING. YAOII CONSULTING ENGINEERS IQ E CHAPMAN AVE, STE D ORANGE, CA 92866 714 997-9120 TITLE 24 81CK MAUER TITLE 24. INC. 7544 SADDLEHLL TRAIL ORANGE PAW ACRES, CA 92869 1I4 771-1507 MD MD H A ll o �1SLllSLI llT-D) T�� (a,, IM Tt� H a% Tt� REGULATORY SCOPE OF WORK REGULATORY REQUIREMENTS DESCRIPTION ALL WORK OF THS PROJECT SHALL CONFORM TO THE FOLLOWING THE WORK OF THIS PERMIT INCLUDES: MODEL CODES AND ALL APPLICABLE REVISIONS, MODIFICATIONS AND SUPPLEMEMS ISSUED BY GOVERNMENTAL AGENCIES HAVING JURISDICTION ADDITION AND REMODEL TO AN EXISTING HISTORIC 1928 2 STORY RESIDENCE WTH BASEMENT. THE ADDITION INCLUDES AN EXTENSION TO THE BASEMENT AND KITCHEN, OVER THE PROJECT, AS WELL AS, ALL APPLICABLE CODES AND ORDINANCES ENACTED BY GOVERNMENTAL OR OUAG-GOVERNMENTAL AGENCIES HAVING THE ADDITION OF A BATHROOM AND A WRAP AROUND POOCH AT THE SIDE AND FEAR OF THE HOUSE THE REMODEL INCLUDES THE KITCHEN, "ROOM, POWDER ROOM, JUNSDICTONS: 2O9 CALIFORNIA WILDING CODE VCBC') LAUNDRY AND OFFICE. NO CHANGES OR ADDITIONS ARE PROPOSED TO THE SECOND FLOOR 2019 CAIJFONIA MECHANICAL CODE 1'CMC'I ADDITION TO THE EXISTING DETACHED GARAGE AND GARAGE DOOR TO 2019 CAIJFONIA PLUMBING CODE CCPC) 2019 CAIJFONIA ELECTRICAL CODE CCEC'1 AECORFIG TION, 2019 CAUFONIA FIFEENE CODE 1'CFC'1 2019 CARNIA ENERGY CODE CONSTRUCTION OF ACCESSORY STRUCTURES INCLUDING A PAVLLION AND 2 ARBORS. 2018 CALIFORNIALGREEN BUILDING CODE 1'CGBC) SPECIAL INSPECTION DEFERRED SUBMITTALS IN ADDITION TO REQUIRED REGULAR INSPECTIONS, SPECIAL INSPECTION 6 THE FOLLOWING SUBMITTALS FOR THIS PROJECT ARE FORTHCOMING REQUIRED FOR THE FOLLOWING ITEMS IN ACCORDANCE WIND CBC SEC 1701 AND THE SPECIAL INSPECTION PROGRAM CONTAINED IN THESE SPECHCATIONS 9 ., 1) FIELD WELDING ; 2) .. 3) .. 2) EPDXY ANCHORS: a.. 41 .,. HAZARDOUS MATERIALS QUANTITIES SEPARATE PERMITS rce s Commission 1 �3 2 9 HANDLING, OR DISPENSING OF HAZARDOUS MATERIALS THAT EXCEED f ONDLINTITIES LISTED N CBC TABLES 307.11 I I AND 307.112 A HIGH FIRE HAZARD ZONE. FROJEOF IS LOCATED N A VERY HIGH FIFE HAZARD SEVENTY ZOPE. ALL HOOFS, EXTERIOR WALLS AND ANY EXPOSED SURFACES SHALL COMPLY WITH 2O16 CBC CHAPTER 7A. R FPOOL ENCES D SSPA ITE 1 09Y8/LOZZ T FENCES fl SITE WALLS 31 .. STRATOS FORM Cc 0 LL ® a a � q UJ I ILL b m O �� W® Du � mU ® y�Zi ON R� M O= N Nm PROFEMONAL VA COVER SIM FILE NAME: 2 09_COVER MIESTONE& STRATOS FORM DIVISION 00 PROCUREMENT 6 CONTRACT REQUREMENTS F —I q ze AB - CaaTw .N Lw9dg wxc11- DIVISION 02 EXISTING CONDITIONS DIVISION OS WOOD, PLASTICS, d COMPOSITES —, . il,,B - E,"_EN _ NSTPoICTIONS To GWERRIII nook °i Choy. onM�v. v g x - _ ea m. taro wmmle . m 9 p P `pI TCwne ) ((jj nm"n me Cmtr«leime ortCvmtmcts sum �IsgiroDim _I,. e bn n m. w a r. yEidding onn9 In <6°vdx (�) x tore. hh,_di, vay"qulatOrftmem uaagti yprnL��oton« s«.ee and eWreae ad"� pp «t(15k7 na atwn, ar w _, `" nelOxn«. Th rY�¢IMner n abet q ea —b d «mae and .B m a I. era an ion a. 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A cmem m Ir a b . a b n ° vial. asMems°bntlbImtelM1otl wc1 t.nio m9 uHizetle ytAemt°n4 cix e n d. gaeen�w as to mmcemmt airy .l.pimIe o e t ate a -in,mc even tors an ,e nen « ec . wo in a nor. a incurred by me Cmbbcmr I. e n ,ac m a a ure o a aut onza im. ar• Pa e ro 9 D Y l be I ma I I wn a ° e t wns. m be feria wt me °! me t.h, Thirset a ¢¢ nl/Y m gCTpNh q. Sit -1STS gRPLEBENTAL NSIBB IONS: y mama s ° as ors mrnte o pi sa2�imGn Apply G IYn ten ^Arms 's S,,,,k ntd In q. M wb Ten .ndme o bin mot simd Manamcwre ch ENmity - ding aby. v ea Ind not coved dthIllyn. DiNoinm did ,DowmmOata L ° �oThie CCo t actor etnali ,ur Prduct. - xith membrane xthin 11 oars Noll be -p d. Act�l Th ddt . m onau br¢ b.vw ib , m`�ge`hpirect ell(Seniatr0i R6"a6). 1 I m rce 9a`I ` r r° i �r� a ors. eroms inn � d. d. dcnt n Ween vmeer orals fidl be fmMea os /alit, mJ/>6" 10�V8/2022 by do«a N , ^law. d d 5 kit �lo. Nata,al _ m be renfi or a pre.pd m It. I w5ultwn endNO, Yroedr. b o =mLnabaa wn<tne, m oat g Eng^neer/ atren M1eypmbrmunwNol t1a, blxirve or s y e°suns ar fwaVT suifimenl in CBC Pe— field Nam tads lid in LBC. 9 rob p nee a core uc a rez m sine Loynt .fare S. d=b p s, m m Dndra D y<mmn<m<Lbnatrv=bbn wmmta e Po` �y 4 0�y 0�,p m Q4 4 M G an W1 Mo m0 4 I 4 N mNO h- oz NN PROFESSIONAL TEAL GENESM. NOTES AND SPECFlCATp18 I NAME 20 SPEC MLESTTONI I 1 AM AM MA AM N1.1 STRATOS FORM DIVISION 07 THERMAL & MOISTURE PROTECTION DIVISION OB FINISHES 4) ype r Haas DIVISION 23 HEATING, VENTING, $ AIR CONDITIONING R. em rone na o a m. SECTpN OB 29 00 - E%lEMOA LATH d FLPAIER EECTpN 20 OS 10 - IEATNG YENTL-1 d Al COIDnONG - f6N.I — P1 .41, (B) feet or lax. i me�`(3) mot eMcv camnt"Ploa er adPl^inyPol1latM1 ra e y o- A r�uStovemmm PII Ne Colifl mio (moo yew& paint w mea an n<ID�o:f'sI a� 5) yp r ontl BmM1lub III war. . P . mtm me ° w".. wPmm .<o om na Pm. no b. z'�z° nx mn�mum. nixn(6) 11. wroAbit, oevimteramian B) n Poratwna ,n ua nr ° e u n1 mi 9 , unlw¢ span y oI instolloem sM1PI y y p « of sueNote ma r g cm wna. ali„g arm m Pr. m B. oral pminTs c. o. DPxn •bw, !mm on equ'gmmt as M Iw a P and WOM1- m m �N.a ¢mfa<e mIm <amq<uen. ma moxe xre arom¢ me <rfi= v. wmer, N< g g naI b< ralnw<a na a aav . (y) m bh hi p_ .Ni Dibr°"< wnhn lwel U`12m u< ( ) a g. gpalm momnore °" m,.ex o era lane a e in ¢ c Pccw o m rot«! p Y a y p xoH Irom oUer trek« un1A neiart C. NI xvAC cmmols Tnu b< mm"t<a °, ° of a8 'I 5. �m of lh<m<mbr°"< nml r«wv<n b<ne °f Mr°an M-69D0 g p."(intPN )^nn °I1YPb mmq ro (2) mTeofjA�Ata<ot°allpt�mea�atn _ n. SECTpNp08 BDp-PNMNGd CWnNG-f£SDEMUL: m r. L. re- a r a ana nsP Pam. xobl qe maemdy. Do NOT .hj.—hit)°xmnta On< (I) xt o Ppp o etl cdw c« a - d t�j)I° Ixels soil% m _ _ (4ICB D) stA. Moro (2)Nlo by —. Dmawn two (2)gfin sneolaeeoN�� gxaf°ce`nan Irn°vz�lenmu°n one (I) ^n cm a e un w is ac ion. of umm cam ar ri a om door M1e dteratwn¢ M1av<bem p e. mloum is mmplda pr°mn of olner modes. pe, m mmum=Nrea P o ree son E5 B c SI DIVISION 28 ELECTRICAL - - ° �me�nneAlm11 SECTpNP 0]u82 00 - JOIMgSEALAMS pN h. wo (2) b"a Pa mmuNa by -LPN, o hil o1 Tr<e a°cez sow¢ sow ,rames millworkbt b< gP�ea dlrectl ma hotted simple to dimple. a p m ee Es M ER1254, ybh fbill mmum¢wree �0oa Pn o er .ems o rem ,ns me on menu P<urm ro < n m < w < _ r or o N. D«triml or y na os n..dea rw P o..bill ona ro (z)Ad e.t t P p a woo(i)�o ana spm.h�m`nooa bme l eaP naa eyM":taM1e PII- m.¢n yIIIPP z) E mbN"I n a ono r«e.e eurn<Imt mom to mq<iar �o r r<gae<.x M the `n�umbxm ec ,e B clay �a to m eeym, oe m9tenas fin inU ang bT,na tna ma mo ¢, a Pr, m m n e e an ww man a n¢ a s wn. 3) "Al - 4) W ree s. g g 3n19/2�xrbm g M1 weep es . I) 0 u^9 oprogresa of hit. hi b.m "< NO in xmya x 5 Ile Cmtbcto snPmow o 2`e m a e n< - _ t t In mr v o urea <rc P nm <c �m ems. 9 p p t. D. c oxr ormne "e �ucakhot pin, F c act M1eE plp. 9 Y p0 L ro % Puq memGmes Pna xa m ¢ P r¢ e¢ Pr « P m w gym. 'All Dunn Edrardc In1«wr Lbb.: Comr ¢Hall be xl«t y nc. SECTION 0] 9 00 TIfAMA1 NaLAnIxM PrP)ec! C yy Piertt)61aB IlnNgace 2) wm _ coo t feel aurlow bibbib ire y a ron on ma i Mwoaw nlra aencn. 9 U 40 P a rasaiiihb, er anigq�lwbitnlc,°nicgpT �n TtCoatOne Wir, Edr°rae I— se -g enanel. Cdor b- W saes y nor. ffCSc Ne n<Imu�in` al bme .Tall be ollowee P! p p ,m for absh°tm t y IT. 3) Ex Barge RPnera Pohibithro T. b_ bo 1- 41 �icstaB p-thit S:t- - t t ¢urom¢ Phn1, m n v r P cmm n w m n n P �oneo Ile libbotre tea to unn x mw sem goat Caw ana be uelP ge OET626 4) E to ¢toot are a u� n m11 r ¢ e w a m .,_ . wn. Pmw px orhi P °'Pm "oy ftP"m n °` a`Ila'me n' a In em«° °h PtP paw ma s.cu ey Pat.ned ona metl mw¢ Pre n moan. _ P remwn .d w� anwmm�a m ,mniPn PPw"mmgdim is Pmw. a o cm on on w nohubbbtur. "n°a"°`° o cow ana be ape DEwsw mP, Ta < mp y N tn< o P g P ga mwa a tM1e ¢M1ai"% t na «¢M1 ¢mt N.I b. ea fdlwx y ° ejba r<ta`�v 5) Eu"n cmt « m ¢ A mrse P m ¢ m< w. r 25 ., remmmm a man" o<Prm a P no n o e vm a)rw Dca`:Pra�a, e «,w m e n, E umP o e m o "um<wraa Pre o o as for Paw 9 p0 ° N N< IImlo P ana of Ne la g mmP P r pmrea tar Pa.. °�) ) ( / ) P"n . em, aw caw NPII se rnw<ml skemn DE,aze Ii I s z b,tobi bill . II J Ile my a 6 ) ( / ) en a ns m ns c« s em« ° see crowd man. DIVISION 10 SPECIALTIES SECgION p 2818 -TUB AM 5}gW91000Rs/ENCLC911ES cma,rncb n nn "ee re-ro g anent n rewired to in. Icmditims 21 onms o Nmma nxam P«Iea n.rsn xnme me roWana oil St-1 IRB Te. ]z6 ]B45 eoa'. m H. Cb. a fniN coot Noll M1ow e9 cdar as iPllPww / �see<aAA r. wrong, Pa but mbting t : cmp f mmr. -= a N it a H° q y acme Ne ° soncew bog Px halts ce m w Pa nm y Pa poaabe un m sp« .¢ se xe' rca' °emnv Cnwntolk 915 subamots ana r 9 n Tn< subcm,r9ctor naN'n - biA x mm a ns a e wn. tms, m 9 P t Ps q e for P P me etr.ork a e — n¢owcoa p ww`i� F«B6m P PExbnen etl b g au OPIb I emta ¢2i l0 e- m° o _ Y XNAC nmgyopma it Pna C mencement of IP g T'. "a shoo m o ¢u ¢ o a cm woe b.9 Opera! Ile (IJ m B. Mmu rP c i o < o g ufoaures Pre Prorov.tl H ux. onl'rerx Aih l20Of Soo ce SDIvCd�bma g0040 ° �ngm wo,kmm, em the t Y Ilea not y m w ur m i . g v u . a memo mazm sea Pn m m a. _ 2) Ce Pwx ow SECTpN 26082E- LIDTTING CON31HlL DEVIL -FE50E 1, g M 5ppce_bbbihir Krfl vo ue. _ etl fi g balm a ma ms one m rey etl 1° m em m P g t. pu b Pne level 3) ArcUte a Pna metal \n< lollo g tub/Nwrm mclwure eastmn Pa anown m and the CEC, ontlI, Ntll ba in¢tPllwl in aa^r o" N. mu oc urers c ea Pn cm r°a P mono r r nd/w It lbMlb ms, labor, iml¢ AT y01) pp - Eusywlgnlwe I.a Hie" b nlyl�49"inc E ¢¢ yP¢¢ mio gory 1ao enegreeneauele acting; 2 emn - EI nor or be rune, cmfirm cdi rnn ownm or lntenw g iv �m 55tol m a¢m m man,ena Pm. s Lobw°tww m n,m"m ampn`i) gn�ce m (14' d I. i<aim Pf xolanm one <oulxin9nt mgn,ry Ile m ae x. i%2 Mtn cx amr e x nm (Paeaie)l l) Paa son r a Pa o rare Pr Pn o t Commmcemmt of work ana T mr pm p ge ) bill nd di �ly°"er'IX PII mc. P x ra .¢ m ¢Pn m¢ npgimof uri I. " -qunaco a Nwknex i`i/e�`n°n m,mm"m Pne DIVISION 22 PLUMBING SECTION 22 OB Io-PLUAiNG-IE9DBNPAL 3) 6 9 fnm p e mr«, anal bw 4) M - - en g�oontee man tloduae a no ni�g matmlaeoa a by mm`ns ccrro n9, •� N -P Pn ro g III mars an a¢ ng sysiems ven"9 ins tam ie Ile gas�m xc c Mrve malmol¢, ona«ve weo clean ana hee of all wi"ga. ri`] mamm PII NeCol (curio Plm - ph ej 5r tlliignm D. Mm 9 nulacturers ar wPro Iw use. o`i) a P a�epiningladuonncP eoilo remP —N OB Re DO esGmWM BOAPR e n plum, tastes ma o Pa nee w P cam e o o a`n`atbI tomplpmid T) s D TdI bens v xnx enreN"9"rmois422 n9aApercoxw�I rol pinmtl expAl"pour, seomaeln� m nkngaumbna If nin9mPotl Io q of `wlmirrlom°P9 aeymrin"g w 2R1(2)tlm e�ton, m roc w a P P,n s e) swi m r c s anoIl be ON50 aci« 0. Ocenpwcy ana IMotiwmse"mre f o Ne Oml TUI III Tel. rc a 9iTillbli.�euumlrsi eweig� Ma ua�. IPWtTP s° Pcea Pna nwrratea ro ¢ ma far Ue p w e ze Sh �um P.I T.I9(a)al w PD'oeuctc; a Ile big g g NP ben Ue Pco1 ma nekotee m Ue g on men hill to gM rc p n a `� r m n n m vere< wen <r. P e P a u u u P n o n r-r n u S C-J6 wore eeatont (wrz )AllmEryolma P cmbm to r n n u a n, ' M da m an ma a P be rop o M by t o c tact O w to vm n g mu p mI NP be "Pt more 1 o 4 n x P P N. Ilan Cda re Blod I. W - ASTI - wmoim. rligM1tng fiMurm oaer more rmi sour F. 1 jbin I m 9. r PrPIl o mv< m n 4 Ile P m P p ona mrre¢t a.r«ts io xorx au< m f y mmax mdnPea w xmPno p Asw a4]soi��"�'mean�tw,m�ni�or o m p auaoma a wx-w goy of pour vinure mmu oc ur mo m c or o < ePnn Her. Im "" Ne or w Tm b. co"o-dlea , - DIVISION OS OPENINGS So Do ffcp o. SboAo y, sot bidwom< p g me faiwr g Hurd, ore Prom <a a x o r aura re « hb b.hb, on 1-1 o no ne<e m < < mN o mm,m sensor w,N g P P=mo-a. a`The ma%a owshntn nmwn ❑ N. _ _ nrnLrm E°u bb ee w Pn mow e < or ow a,a< n, Pn w< se a. .';N� a.'"roP'o WwgIpi°t Below- m ns o P ,w a h9nn� Tml corn Pnta, labor. Coda, ana «uipmmt regal ea for P a�mtea, pro qe «I�a mre w«a mp. °veneers Pn mi of °^° pmmt Pna mmponenta me P comp)<te ma woNm°nl,ke lonm: o- weight mass no -nub cast im ana clamp¢ won n«arm g et¢ _ Ile Bu1an` Ever Eln=�m= s na IheI C£G°ma anou a ana p e n Pc puce wi a mu Pc urer a red uc lure. an man a in a im. Roil¢ styles: y ns a o ion. ynnsm w ux P - six mi ❑ x a� rw TaI n ,9 ffi r p oI ao nPt mol u`na)9"¢ rr m mtmiw mw' 2) Pme B. aaa mlP 9 tmo mu¢t x Peneree Pr I. ona a y T. sN o e IT-) Po n i m ven we a ■ sm N aoo" A(rn INo nP " �' (su ur a ou a. ( T) rn,T saplan. ago fin co me o w . �o_ of ° < g aa.ml wde W A1mx- r n ay) ee m N t x xme�� )N<�n a m< 9 (9.�na (il M1 vB a cPmme I PI Ne work.in g P ma Pf Ina P IP �a s«m P ¢ x ¢ m ¢em ¢ w .m ,ho xo x or cm < D E, y nPrew sM10 be .mmwr rwtea rw w«Nm prP,<n Pn _ mtn9 ro mtnq aw Q Ina �1co4 Dee. 3(B R 9 ace owe wni are an w wncn to not a 9 ee y ❑ sT ue K (OWV)n p n raven re s Broke IPIm I« eeta�2o e H m = p So DO - na meNoaa needed or p roe p<rk,m°"ce of 5N u e n vent rNe F A(secon Pd"9 roar-rxmliva .g� t :d sled ewexc belt¢ ma yP on opc tlm, w oral os Iocotbn ° r o t . w o ie im. aura anal b p- sistmt wiU o py_ ro e v o o wn - Pmea)n � sent lo-we'II9nl a .to no -nub <.Itida n e iN Atet¢ 8 _ ro° aI d wdoTUW µsiAaM; �„"°o-"DS/ /.... r N the ewremmta PI mnmum P ❑ Pvr (WY) pp. bid rang¢ ' .des , kEGw uron (5)mmmPmea PI ro<nf it" (� ■ d fitting, tlatpck D. P n Tes M nt n Sir, Brwks Mau a So motcn m y ace t w naoxz. or wn e.<_ 12 x 2^ qy d po y p urn oil gn Ptmo a arenaro oven ro Pna brmrn vent `gep"�IredT. fxouAll a mpe`feueeoLr"t9Phlao n mtn ro g ana '<°' - in me w, r n w oI m nP urns rue oa m s u lure Pr «i a rna. p p itnittry � ¢ 5 n� Ye nor cP m P °Duero hi P P wn o a g ayamtwn.cnonan Dore I0— mat eY Att«n to rA9, fit,ming pi,r Na mmu oc arm ¢ mi en recommen o d g moot m wn ores mu¢xei9nt ❑ No mmgy wile PIl. rogicoble n; x (EBD, m a x m <mleners mmee no -nub emI :m ❑ m Aliee ('CRC)f oN W mown. Au umm anon r corn w w - �m p ra y awe w w°mc fi y mmumnurm W Nenbrwabm. c ,km wa pp s name, brans name, M f m°tenA am pot xn ue 1 (D" pc° an i wven re a (( 4u6wmr's data fi..ts aaondl<Pwgt.«'t a!4)P me a ■ sd' ue pip. n 6 n sdxm xda.d pits °Dreads: p m o.. o ° x P.r Met c Shi me e mar ower "subjea m m III— speafi<Ptimc yr°a n¢ warn mtimwln9 ens o o wn oI t pr un, ma motes comma . ape Iwo M1men. °d mr N. <omvlete 30 �pe o<I)rso 2' bule D II c< o e coo ona meat CPmmmcemmt of worx billm r e _ ° /wna n m .r . mP ° m mI moor aaaw. 0`� des Commission mdh , nj l _341r Emwete SPbahPl« per �t, 2) 1 m Dw<rd. 5ubgrne¢ emu steer iAii9rn�N bad mm.a D. maN rwmr D. mlPr 3) Mwmr. w. O,hPuurBeEmbr woos sobmotx PE% CP and ode rplwl(N,n ame�P`II<lo o g syatxna NdI b. InalalN In e°+' n a P! 6 it., Ion alnawaa Pf « amen dtM1 PRICE 0 permit°ie. Ita`a`�f P oCMxwot`w�i o p urea os spec wtl in CPC 61411 109V812022 GOVERNMENTAL AGENCY REOUIREMENTS PROFESSION& SEAL (DIAL NOTES AND SPECIRCATIONS FLE NAME 20-09 SPEC MILESTTONM w�w Iw-, AM MA AM N1.2 ROOM FKSH SCHEDULE FINISH LEGEND WINDOW SCHEDULE BOOM NAME FI-H 1 XE T 1�1- ALL 00 Ell" BEMAWS—] r—JANF—FIN� DESCRIPTION MEE No -ssEMEMEs�����m��m� mmm•Mm• -ses����s���������I o��m��s�®m•� �� �EMEMEME�MMM��m��m� s���ml�m•mmm•m•m• gym• ..N©���ml�m•mmm•m•m• �m•mmm•m•m• gym• gym• � - s������������m� MMMM � m MMMM -�ml�m•sm�m•m• gym• -ess��s�s�����m��m� ©--ss�m•m���� -m• ��es����s�����m�ss� o���mfs-sm�m•m• gym• ©���mfsm•sm�m•m• gym• ©���ml�m•mmm•m•m• gym• o���ml�m•mmm•m•m• gym• ©����������� ����� m� M IM m m���ml�m•mmm•m•m• -m• o�����m•mmm•m•m• gym• -�������������m��m� -s����s�s�����m��m� m-�ss�m•mm�m•m• -m• -ss�����s�����m��m� o�����m•mmm•m•m• gym• -sss�l==MM ���m��m� m-����m•mmm•m•m• gym• m-����m•wm�m•m• gym• m-����m•wmm•m•� gym• DOOR TYPES O »� SEE EXTERIOR ELEVATIONS FOR ALL OTHER EXTERIOR DOOR CONFIGURATIONS w STRATOS FORM 0 ILL ILL Ix C9 A zLu m< U W ® l` � m ILL < ] 0 Nz-C PROFESSION& VAL ROOM FINSH, DOOR ,M WINDOW SCHEDULE FLE NAME 2 -G K ED MI ESf0NE& REVISION& A , A . A .. A . 0 .. 9*0 N2 KEYNOTES STRATOS FORM FOR PItlM STRNCTH FOR ACCESSORY S TKES UP TO 15" HI a PROVDED FOR PAVLLION L A —P NEIGHBORS FOOTPRINT b NEW El p PAVILLION I 9 140.95 FF ___________ 9I r v � NEW I^ I ARBORI� \ I v _ NEW con Fy - - o NEW POOL l wxw -Al II — 5� bp9 I EXISTING DETACHED GARAGE S COVERED PORCH I NEW BATH 4" S 6ry u , I NEW __KITCHEN _ EXISTING 2— STORY ADDITION RESIDENCE I 4 NPDES NOTES iIII aPh c 3 Sle lePtelaera age rocmne° m aagapes es .ao ru�non,� svehele tract th,ral p oP.e r m E i- ea to xa rmspo I I < YIS v t t — — —— a. Apvrapriare BNPs tv <onnru<tim reatea motaiols, xRl< <nml x imgenemea es n no _ Ise .are to <rrcel<, are age clnaswcNm eit s 9 FASTING 1rogl -- un ers reo e o r u<e m remove s imen ona o er yu oasurea ror Ne v olecl 1p ma en < ooxe co ec eme a im o n areaem '91 eydm ms. t° I 1 — tit -.4a oum° Ao kogmenlsrp I r 15 p niI—rMard �dir eepurv�eet xom A'L` pl I,1lwlin ulmNeama wwEunae xitM1 land, state ana leaervl Bd< o. Oepu < x6xn r e ` _ _ _ N69 5700_W inobon iI 1—it Pill I. pewee xo<o< m Ix oQ u c v wrm ea — O m <pwa .m. era mer r1< x 9 oliryhdlWymerdr contracrarx subcmrracrarx materid mppliers. prape-ly oxnms m1.p 9 cneneol< mto the E.-At tra p d. s ComBONNIE 363mission a RaE18—°Ill a III IIi J `r1l ri f` I ERST N* S' H PLASTERED MASONAY HENOE TO IEMAN 2❑ EKSW PLASTERED MASONRY FENCE TO BE REMOVED J❑ EpSW PLANTER WALL TO BE REMOVED MSTBS RARDSCAVE TO BE REMOV® IIryO---III ROOF O`�LMS SHOWN DASTED © Ep W AR CORENTIO 1C ECIPNENT TO REk%N O EARTHS CONC CRI`kWAY TO REMAIN ENSTTS BRCK WALK TO RPvWN I❑S 9❑ EOl TREE TO REMAIN ® REMOVE PORTION OF E%ISTNG CONCRETE DRVEWAY TO OFFATE PLANTER AREA 4" IAA PVC NNDERGROIND DRNPUE IO ® BOCK STEPS. SEE DETAIL 4/AS2 ❑O BULTiN MO. SEE DETAL S/AS2 ® ShW PR FOR RETANNG WALL FRENCH DRAMS WITH SIMP PIMP I DRAIN TO BE DIRECTED TOWARD YARD DRAINAGE LIFE 15 PROVIDE J" DEB x JWIDE X 10' LOPS TRO CH BELOW DRAN PIPE FILL Wl CRUDEI ROCK WRAPPED WITH MRAA FILTER FABRIC. UPE 4' PREFORATED PVC SCRED.LE 40 FOR PO ON OF PIPE OVER TREI Cht COVHt WITH V MN THCKESS OF NATURAL SOIL. LEGEND p0� ENSIING SPOT flEVAlION l�ry Rio try. PROPOSED SPOT REVANONI HNATURAL GRADE HE RNSH BOOR FG RNSH GRADE FL ROW LINE FS RNSH 9JRFACE BERM TB TOP OF TC TOP OF CURB TO TOP OF rRA GRATE TIP TOP OF POLE TW TOP OF WALL TOE TOE OF SLOPE TOP OF SLOPE UP LP OF 30TTERW& BW BW BACK OF WALK BM B9JCF1,hARK 1BM TEMPORARY BEN IPFX SITE PLAN 109Y8/2022 SCALE I/F=To"' 0 cc OLL yy ® C� f L 10 t� in C� � RtpRt�� W ® j` L O2 x �� OZ A C NO PROFPSSIBIN L VAL FILE NAAE 20-09 SITE MILESTONES: BEVNIDNIB A , 0 0 .. a KEYNOTES STRATOS FORM ❑— R 4 BittcObLftilources Commission 18-354 8 s EXSTRWi BASB.ENT TO REANN ❑2 EKSW STAIR TO RERAN S❑ EXSW CRAWL SPACE TO RBAAN ® EMSTW FOOTIW TO RBANN ❑S EXISTING WOOD POST TO REI IN © EXISTNG RFMA WALL TO RE -IN ❑PORTION OF EXISTING RETAKING WALL TO BE REMOVED SHON DA5 D BASEMENT FLIU`lZ'bLR194LAN SCALE Va =To, g PflOFEB&OH1L VAL BASEAENT BOOB DEMOLITION FLE NAME 20-09_GBAO IM ESTO ED KEYNOTES STRATOS FORM 6'_6.. X 4'-T' R 4 BittcObLftilources Commission 18-385 8 s EXISTING PLAYROOM 4 7-6" X 4'-i6-6" X 4'-1 O E%ISTRIS WFDOW TO BE REMJ�ED ❑2 EASTM DOOR TO BE REMOVED 9❑ EXISTING STAIRS TO BE REMOVED EXISTING PLUMB% FIXUE TO BE REMOVED, CAP LIPES BELOW FLOOR LEVEL EXISTING CANPETRY TO BE REMOVED © EXISW ARCIED OPBlNS TO REMNN O EXSW LN Y WE TO REMM 6❑ REMOVE EXiSTFY.i FRAMING & EASW PLASTER BELOW WINDOW TO MAPS ROOM FOR NEW DOORS F I REMOVE EXTERIOR PLASTER AT PORION OF EXISTING WALL AT EXTENT OF PEW BATWOOM "111ON ® REMOVE FRAMING AND PLASTER TO M E ROOM FOR PEW DOOR WALL LEGEND EI EASTN WALL TO BE [BAOLI9ED O EA87W WALL TO REM. FIRST FLOOR DL`ICiftSLKW SCALE v4-=To, g 0 cc O ILL oti Ind ��J A l`_ T 0` oz PROFFSSIoWAL REAL FIRST FLOOR DEMOLITION FILE RAF£ 20-09_DBvNJ MLESTOhM AEVIBIOH& A , A A :. 0 .. All STRATOS FORM BittcObLftilources Commission 18-396 NOTE FOR REF$.ENCE Or Y NO DEMOLITION TO OCCLP ON M FLOOR SECOND FJ WI?WAN K&E Va =To, g PROFES80#1 VAL SECOND FLOOR DWOLRION FLE NAME 2009_GBv10 MLESTOLED �6, MA MA MA A1.2 KEYNOTES STRATOS FORM u R 4 BittcObLftilources Commission 18-487 8 s EXSW N?FONGN<L DOORS TO BE f43M10V® 2❑ EKSW ORDINAL WIROOW TO REMAN S❑ EXSW ORDINAL DOOR TO BE REMOVED ❑4 EASME ORGINAL WIMOWB TO BE REMOV & STOED FOR RE -ME ❑S EDGE CF E%US SLAB TO R:MAN © NOT USED NOT USED NOT USED WALL LEGEND [I EASiI% WALL TO BE LBAJ lI O EJSRNC WALL TO REMAN GARAGE DEjbt'Yfb§Pg922 SCALE V4=T-0' g PROFEBAIOHAL VAL GARAGE DEMOLMON PLAN FILE NAME 20-09_Demo Ga AIEMEM KEYNOTES STRATOS FORM FOUNDATION VENTILATION CALCULATIONS BASB.EINi a CRAWL SPACE = 1902 SQ. FT. IdMe bYI ` 150 =t268 SOFT I.W41=sq'n C D E R R® VENT ARE& = 1826 so. N A6.1 A6.1 VENTILATION PROVIDED, A, X 8" = R2 SQ. IN EACH ® EASING OIPNRTY = J = 7M SO. IN SUBTOTAL W"' X 4" QQ. IN EACH ® EAST% TO BE RE-ROUTED CUPMTTY = 8 = NB 80. IN SBTOTAL HIT A8" = R2 SQ, IN EACH ® 1.. VENT SPEC... I Q TY = 8 = 896 SO. IN SUBTOTAL -------- L- ----- roraLVETAF.fAPRowED = ta4a sa In TOTAL uFVA i - I I T------ ----'I I I I 1� 11 I R 4 BittcObLftilources Commission 18-458 8 s D❑ E# W CRAWL SPACE TO REMAIN E2 EX W PEPoM:TER FOOTING, TO �N E3 EASTRG CONCRETE RETANKG WALL TO RREJAN E4 EASTM WOOD POST TO REMAIN EB EkISTIS WOOD STARS TO REMAN ® DSTNG GASiR® NEO ANCAL EQUPMSNT To ffNNJN 0 EWTFS GAS-FRED WATER HEATER TO REMNN E8 EXSTFS FOADATION V TO REMAIN NEW SLAB TO ALIGN WTH ELEVATION OF EASTING ❑2 MW PM LOCATION B❑ DUCT FRENCH DRAINS TO SWR ® WOVE FASTING FONZATN]N VENT AT INSTALL W'" X 4' NGH PEST AETPL DUCT NX SLAB TO OUTTE 9LAB FACE INSTALLR W'X FOITATION VENT WITH SCREEN II/4' MAXI ❑5 NEW W" X 8' FOJ DATION VENT NTH SCREEN N4' MA%1 © DECT DRAIN LIFE FROM SNN PM TO NEAREST YARD DRAINAGE LINE SEE 97 PLAN WALL LEGEND f� EI31% WALL TO REM NEW F.ErANNG WALL - SEE STRtONA1 BASEMENT FJgftf'L§ 2022 SCALE V4'" = To"' g 0 cc OILL yy _® C��y f C� 2 M LU k9 0 l`_ a 0` LU "oZ P ONAL VAL BASEMENT FLOOR PLAN FILE NAME 20-09 BOOR AIEBrOREB REVIAI010 A , A e$r A 2.0 R 4 Bittd�uLftilources Commission 18-499 8 s KEYNOTES O❑ EXSW ORIGINAL WINDOW TO RB.WN E2 DBSW ORIGINAL DOOR TO RHINN E3 EASTM ORIGINAL CAHEFRZY TO REAAAN! E4 FASTING STAIRS TO REMAIN ES EMING MOE TO RE" ® NOT TEED E] NOT USED E8 NOT ISED N3L FRA%E AND DRYWALL EXISTING OPENING ❑2 RELOCATE RETM W DUCT TO BASBvENT 3❑ NMOVE 3 STEPS WITH 8" iRI=PDS AIO REPLACE N11H 3 NEW lO' TfEADS 4❑ NEW 3�PART WOOD CASH.ENT WINDOW O NEW WOOD CASBvENT tWNDOW © NEW PAR WOOD FRENCH DOORS O NOT ISED PEW WOOD POROI AT ANPROK IB- ABOVE GRADE V❑ NEW 6d WOOD POST, WRAPPED TO CONCEAL HARDWARE CONNECTIONS ® NW Og RTCP AND PRO AT W'ABOVE DECK R❑ NEW BRICK STEPS WITH 3 RISERS AT -/- 6" AND 2 TREADS AT 2' ® NEW TOLET PER OWNER ❑O NEW 4NK PER OWNER ® IEW CABINETRY PER OWNER IS PET MWER AREA OF NOT LESS T— I SO, IN WITH MN" DIMETER CROE OF 30" ® PEW LAVATORY PH OWNER: WALL LEGEND O EASING WALL TO RHVNINN NEW 214 WOOD STIR WALL NEW 2X6 WOOD STM WALL FIRST FLOOR PLQP 812022 SCALE V4 =F-0' g STRATOS FORM cc 0 LL _® C� f oT� L i in 2 M LU k9 0 l`_ a 0` LU "oZ PROFE890RAL VAL FIRST FLOOR PLAN FILE NAAE 20- FLOOR MASTIC M REVIB I A , A e$r A 2.1 KEYNOTES O CONSTRUCT NEW [ACT CHASE FOR RETIIM AR DUCT FROM BELOW STRATOS FORM A A6.1 B b.l R C D E A6.1 A61 A6.1 WALL LEGEND O USING WALL TO FEM C A.I NEW 2%4 WOOD SRD WALL NEW a6 WOOD UM WALL 4 BittcObLftilources Commission 18-460 8 s SECOND FAPPP12022 SCALE Va =1o' g cc O LL orb 1� 2 M LLE k9 tj 0 l`_ a 0` "0Z PONAIL FOAL SEC NE) FLOOR PLAN FILE NAME 20- BOOR AIESFOFES KEYNOTES STRATOS FORM R 4 BittcObLftilources Commission 18-441 8 s AM CONCRETE SLAB FLAN WITH EZS 2❑ NW C AGE STYLE STEEL SECTIONAL GARAGE DOORS O REINSTALL SALVAGE) WOOD MOON ❑A NEW WOOD SASH DOOR ❑B Nil FRAP,E AT EAARI DOOR OPENNG © E%ISW WOW TO IE— O E%ISTIG ATTIC ACCESS TO RDAAIN ❑B NOT M) WALL LEGEND O EASING, WALL TO EMAN PEW 214 WOOD STD WALL NEW a6 WOOD STD WALL GARAGE FLJgJ" LA7V 2022 SCALE V4=T-0' g cc O LL ®a 2M LU k9 0 l`_ a 0` LU "0Z PONAIL VAL GARAGE FLOOR PLAN FILE NAME 20- F— Gu MILESTONES REVISOM A , A A :. e$r A 2.3 KEYNOTES STRATOS FORM R BittcObLftilources Commission AV,K zrN FLOOR PLAN S € cALE v4-o- 4 1 &-4T ARBOR 1 FLOOR PLAN SCALE v4" = r-0 REV! 6� PCST - WRAPPED TO CqJ k HMDWARE COMECTIOIS 2❑ ! WOOD CARTSvENT WIDOW B❑ N_lV WOOD PM LED DOOR ❑4 P DIRECT VENT FIREPLACE - VENTED OUT BACK GAS FREPLACE Wg WOOOSIIW*l - SUREOOR IVRE QA2 AIA Z2197 - 2012 ❑S PEY bid POST - WRAPPED TO CONCEAL HARDWARE CONNECTM © CONCRETE SLAB W1 PAVERS - PER LAB SSE PLPN O USED SFCK VENEER ❑B NOT USED 9❑ NOT USED ® NOT USED O NOT USED ® NOT USED WALL LEGEND O EASiI% WALL TO Et cc O LL ®a ��J A � WED l`_ a 0` "oz PONAL VAL FLOOR PLANE ACCESSORY STFJCWRES FLE NAME 20-09 F- k6 AIESTOMM IIEW 214 WOOD STD WALL PENV a6 WOOD STUD WALL REVBIONH A , A 109V8/2022 0 ®EEr A 2.4 ATTIC VENTILATION CALCS. KEYNOTES STRATOS FORM AT11C A}EA I M SP ITvk byl = ISO AMA WOWED = l23 7 76 $O AFEA PROVIDED = 2 EAVE VEN 0 22 SO.. N = 44 SO 2 O'-NAGIN VENTS N 72 SQ IN = W4 SQ IM SQ ATTIC P$A 2 70 T 13A& byl =ISO AREA RIMMED 47 T 6 SO AWA PROVIDED = EAVE VET at 22 SQ N = 22 SO IO"-AAGIN VENT m 72 M IN = 72 SC 94 R A A6.1 IRA R 4 Bittd�uLftilources Commission 18-463 8 s N❑ ENSW C0f 09TION SH0-E ROOW TO RB.WN E2 ENSW BULT-IV MOW TO RE IN E3 EXS%G I CHVIEY TO HUM E4 E%ISTNG CONCAVE ROOF TO fd N I❑ LIE OE WALL BELOW WM DA90 2❑ POST BkLOW W. DAM 3❑ WIN CONVOR ION SINGLE ROOFNG TO VATCH ENSTING ❑4 ROOF MOINIED ONAGN TAPEED LOW-P ILE CONPOSHION VENT PET TREE AREA = 22 SO INI CORM" RESISTANT ❑5 N"R 4"'EAVE VET - �CAN LCVVER d VENT SVI604 PET FREE AkA = 22 SQ INI CORROSp RESISTANT © &" GUTTER ❑7 &" DOWNSPOUT ® NOT ISED 0 0 Iq LEGEND MARFA Cf IEW ROOFING ROOF PLAN 1 OQY8/2022 SCALE: V4 =1-0' g I L 0 a a a LU Ir b � �1 0 J `m U W 0 l` LU m !M < ] G z N a`i PROFEB&OH1L VAL ROOF PLAN FLE NAME 20-09 ROOF NLESfOIE8 KEYNOTES STRATOS FORM R 4 BittcObLftilources Commission 18-484 8 s ❑ E#SW CWOSTION 9M E R FK3 TO RB.WN E2 E#SW RO MED S W BOARD WITH WRAPPED ROOP % TO REMAIN E3 FASTING ROIMED END CAP AT RAKE E4 EASTM SHED DORMER TO PE NN O LIE OF WALL BELOW 9 . DARO O NEW CM09TICN 9 LE ROOFNG TO MATCH ENSRNG O HEW CONCAVE ROOF ❑4 NEW R SHADOW BOARD WITH WRAPPED ROOFING ❑G NO ROUNDED END CAP AT RAKE © ALUvt GIII TER O ALUvt DOWNSPOUT ® NOT IGED LEGEND AREA OF NEW ROOFING GARAGE RO6F1 P/2022 SCALE V4=T-0' g PROFES80#1 VAL GARAGE ROOF PLAN FLE NAME 2009 Roof Gv M ESTOMM KEYNOTES STRATOS FORM AVz L N ROOF PLAN S € cALE v4- ro- 4 11'IaYa:�I R J41 Bittd�iudReilources Commission 18--4g ARBOR 1 ROOF PLAN < SCALE v4" = r-0 Cs CCNPOSI110N SHNGLE ROOFNO ItO MATCH NOLLE 2❑ LPE OF RREPLACE BELOW O LIE OF WALL BELOW SHCWN DASHED ❑4 LIE OF POST BELOW SKWN DASHED ❑B SPRE - SEE ELEVAIM © 8,12 BFAM .l OWED DO Wl CONCEALED MMUOR TO POST BELOW O 8,10 BEAM WTH WED END WIRI CONCEALED CCN ECTOR TO POST BELOW ❑8 44 BEAM WHH SHAPED END WHH CONCEALED CCMECTCR TO BEAM BELOW 9❑ NOT ® NOT 15ID o NOT 15ID © NOT m 109V8/2022 PROFES80 1L VAL ROOF PLANS ACCESSORY STRUCTURES FILE N&e 20-C9 Roof —W 1LESTONM REVISION& A , A A :. SHEET A4.3 KEYNOTES STRATOS FORM 0 E iaaaaann� •• •• nnn �� �� �nnl I�nnnnnnnnn �� �� Innm TT1' 'T �I EAST EXTERIOR ELEVATION SCALE Vc, = r-a, E❑ EVING ONGINAL PLASTER TO RDMN E2 BASTING CORROSTION SHNGLE ROOFNG i0 RE.WN E3 EXISTING ROTI SHADOW BOARD WTH WRAPPED ROOHNG TO REMAIN E4 EXISTING ROIADED END CAP AT ME TO REMNN ES LASTING ORIGINAL EXPOSED SHAPED RAFTER TALS AT 24 OC. To. ICI 1=1 ® EXJSHNK WPM BARGE RAFTER TO RERAN EJ O ORIGINAL WOOD WDOW VN1H ROLLED PLASTER AT H=PD, JAMB AID ALL TO REMWN HE*, ES E8 EXISTING ORIGINAL DOOR WITH ROLLED PLASTER AT HEAD AD JM.B TO NEMAIN E9 EXISTING BLACK CHI TO RERAAN E4 EK) EXISTING ROMAN WHIM VENT TO RE.AAIN ICI�II ZJ EII EXISTING NOWCRIGINAL BRICK VENEER TO REANN TOP PL NOT IFED O NEW PLASTER FINSH TO MATCH E%STBK iIXTIRE Q 2❑ NEW CONPOSTICN SHINGLE ROOFING 1-I O NEW DPOSED SHAPED RAFTER TALS AT V O.0 RE O NEW WOOD POSTS, WRAPPED TO CONCEAL STRUCTURAL CONECTKNS ❑B NEW WOOD SHAPED POST BRACKETS © PEW WOOD CASNENT WIDOW WTH FLUSH PLASTER AT HEAD, JAMB AND SILL O NEW WOOD FRENCH DOORS WITH FLUSH PLASTER AT HAD, AND JAI.B ® NEW PLASTERED LOW WALL O NEW STONE CCUNTETOP ® NEW BRICK RISERS ❑B ARBOR IN FOREGROUND SHOWN DASHED - SEE WET A54 ® NOT USED ����VTCDIQDCIC\/�TI��I\/�TI��I llttd�uLftilources Commission 18-406 SCALE I14 z 1 0 109Y8/2022 0 U W ®_ =Z O` � ®< Lu oZ PROFESSI VAL SOUTH & EAST EXTENOR ELEVATIONS FLE NAAE 20-0 ELEV MILESTONES REVBSI% A , A :. o: 0 A5.1 KEYNOTES STRATOS FORM R VA a 'RUN ❑ • NA0A0 A0A0A 0A0A0A0A0---==Manz-�A-A-AuAnAcAoAzAzo JIF A _ . WEST EXTERIOR ELEVATION SCALE V4, = r_o.. �/o um um um _.nnnnnnnnnnnnnnnnMIR MI _..nnnnnnnnnnnnnnnnnnnnnl EN EXSW ORDINAL PLASTER TO RB.WN E2 EXSTFS COMPOSTON SHINGLE ROOFING TO RE.WN E3 EASTNKE ROINDED SHADOW BOARD WWTi WRAPPED ROORNG TO REMAIN FEB] EXSTRS Rq END CAP AT RAKE TO REMAIN ES EZTI ORIGINAL EXPOSED SNAP® RAFTER TAILS AT 2A- OF TO REMAIN ® ETSTRS SHAPED BARGE RAFTER TO REMAIN O EARTHS ORDINAL WOOD WN" WITH RULED PLASTER AT HEAD, JAM AND SLL TO REMAIN E8 E%ISTBS ORIGINAL DOOR WTI! ROLLED PLASTER AT HEAD AN) JAMB TO REMAIN E9 EXISTING BOCK CHIMNEY TO REMAIN ES EXISTING ROMAN ARCHED VENT TO REMAIN EII FASTING NONFORGINAL BRCK VENEER TO REMAIN E12 NOT ISED I❑ NEW PLASTER FINS! TO MATCH EX6TIJ.G TEXIIRE 2❑ NEW CM09TION EAGLE ROCONG S❑ NEW EXPOSED SHAPED RAFTER TAILS AT W"O.0 ❑4 NEW WOOD POSTS, WRAPPED TO CONSEAL STICTJRAL CONECTI015 ❑B NEW WOOD SHAPED POST BRACKETS © NEW WOOD CASAENT WRDOW WITH FLUSH PLASTER AT HEAD, JAMB AND SLL ❑2 NEW WOOD FRENCH DOORS WITH FLWA PLASTER AT HEAD, AND JAMB ® NEW PLASTERED LOW WALL O NEW STONE CO/lTERTOP ® NEW BRICK RISERS ❑B NOT ISD ® NOT MD J ©Irn El W PIPEII Pfll 1 01: re. I I I I EB I I p B 9 4 S 6 NEW FIRST FLOOR ADATSNS A8,2 A&I Kin��V�rn�nn �1 wATinl Bittd�uLftilources Commission 18-587"`E 109V8/2022 NORTH 6 WEST EXTERIOR ELEVATIONS FILE NME 20- ELEV MI ESTONE& RENApN& A :. 0 0 A5.2 STRATOS FORM R NORTH ELEVATION SCALE V4` = P-O- SOUTH ELEVATION SCALE VX = P-O KEYNOTES WEST ELEVATION SCALE 1/4" = T-0" EAST ELEVATION SCALE 1/4' = T-O" EI EXTSTNG ORIGINAL PLASTER TO RREMN 1❑ NEW PLASTER HNSH TO MATOI EXISTING TEYIn ❑B NEW CAMAGE STYLE On SGCPOPNL GARAGE DOORS O EXIS COWC61TI0N SHL F ROORNG TO REMN NEW COM=OSNION SHINGLE ROORNG TO MATCH EXGW q FORMER OPENG WHH PLASTER TO MATOI ADJACENT E5 EXETNG ROMDED SHADOW BOARD WITH WRAPPED S❑ REW EXPOSER) SHAPED RAFTER TALS AT V O.0 ® CONCAVE ROOF ROORNG TO EhYJd E4 E%ISiNG ROLN7® END CPP AT RAKE TO RBNHN ❑4 E-II'E EYASTING N1N%)W W11H FLI61 PLASTE2 PEW 2 X 6 BARGE RAFTER -SHAPED WITH 1/2 ROND BLOCK BittcObftilources Commission ® AP®R 6TNLSAT 18-a O 8WO DOORWHR HPL 6ATEAD, ® NOT USED 10%8/2022 0.TOIRE-N LLL p� Eb EXGTW ORIGNAL SHAPED BARGE RAFTER TO EMAN © EAISIING DOOR TO BE OADVED AND OPD&r IN1LLED WITH RASTER TO MATCH ADJACENT SURFACE E7 E#ST ORIGINAL WOW WINDOW WITH ROLLED PLASTER AT HEAD," AIO SLL TO EMAN ❑� EISRNG NON0NC-MAL GARAGE DOORS TO BE RMVED CE 0 LL a a 2 IU b ir o U W 0 l` F, m !M < rz oz t. N PROFEBAIOHAL VAL GARAGE ELEVATIONS FLE NAME 20-0911e AIESTOBED BEYMONB A , 0 0 0 9�T A5.3 KEYNOTES R PAVILLION NORTH ELEVATION SCALE 114" = r-D" 20 PAVILLION SOUTH ELEVATION SCALE 114"=T-0", PAVILLION WEST ELEVATION SCALE v4" = r-O" PAVILLION EAST ELEVATION SCALE vx = ro SMOOTH TROWEL® PLASTER 2❑ COIvP0911CN SINGLE ROOFING O WOOD POSTS, WRAPPED TO COHCEA S151CNRAL C04EC110NS �4 WOOD POST BRADNG ❑B WOOD SHAPED BEAM © 2,12 WON BOARD O FLAWD EAVE O WOOD CAS]. 9JT WNDOW WOOD DOCK ® 2X WOOD TRIM - FLAT ❑R BRICK WAINSCOT ® BRICK FIREPLACE SURROUND - REPLACE TO BE A PRE-FAB DRECT-VENT TNT TINT V13JTS TO TEE WAR Z] SEGVBTED MCFEED WOOD VENT ® WOOD SPIRE IS SOLD M POST WITH CONCEALED COWUM TO BE" ABOVE ® SOLD U2 PEAR W M WED EPD SOLD &0 mm WI1H SHAPED END ® SOLD 4A BEAM IWTH SHhPED END APD CONCEALED COMECTIONS TO BEAM BELOW ® SWED WOOD BRACKET TO MATOI WRAP MOM PORCH BRACKETS ® OPEN TO BEYOBD w u A&I A&I a W v rr W W ro 20 ® P ® IB 20 15 0 u IS IS � m B'tI "wi 9AI IISSI R 2 EAST 8 WEST ELEVATIOl �589 ARBOR 1 SOUTH &NORTH ELEVATION ARBOR 1 EAST &WEST ELEVAI I $/2022 SCALE vd= r-O' SCALE v4" = r-O- SCALE 1/4" = r-O' SCALE 114 ' = r-O" Q P&I I I ] 15 AAI Of PL SECTION KEYNOTES ADDITION EBSTPY 1 ] COMPOSTIUJ S E ROORNG - SEE SPEORCAMMS -7 [3] [2] CUTTER ROOF RPF19:5 -SEE SRJCIIRAL ❑4 CEIING 10STS - SEE STRJ TIRAL BOOR JOISTS - SEE S TIRAL 2 B J 3 1 BEDRM © WOOD STUD WALL A81 O PLYWOOD SBFLOOR OR ROOF SNEATHNG 2 e F / B❑ CONCRETE BLOCK WALL -SEE STRKTLRAL DRAWNGS OP PL TOP PL -9 CCRPACTED BACRFILL - SEE SOU REPORT \ ® BELOW GRADE WATERPROOFING SYSTEM -SEE SPECFICAPONS 4 COVERED Ex MLDROOM ❑B FOIrDATOI DRAM - SEE SOILS REPORT PORCH N2 V ® DRAINNGS FF E FF 1 � EXTERAOR CEMEI PLASTER - SEE SEG1RCAiICNS ® 130 FIBERGLASS BATT INSLAMN 15 R-19 RBERGLAS BAIT I—ATIONJ uv ® 121 FBEROLAS BATT IN5AATIGN AT NEW 2,4 E%IER OR WALLS O R-15 FEERGLAS GATT INSIEATION AT EXBIING N4 EXTERIOR WALLS TN4T ARC NEWLY OPENED DAC CONSTRUCTION ® FOIL IIUTATION AT WDERSDE OF ROOF STRUCTURE ®GYP9 DRYWALL SEE WALL LE and FINISH SCIEIXIE FOR TYPE and T NES SECTION B 20 BRICK STEPS TO GRADE SCALE V,f = T-0 EYJS EXIST BDRM 4 AB1 2 I P91 a ] IB ABI n �a TCP PL i0P PL / P W 4 19 / 2 2 4 REMOD, BATH 3 w 4 DEN II II II D II p II E%FF. HitgGOGAeillources Commission SCALE11/4-=T-O 18-530 SCAB VAP =T0' 10902022 STRATOS FORM z m` U W ®_ =Z O` LU ®< 0c pp�N C pZ PBNAL VAL FILE NJAA£ 20-09 Sac A-E M.ESTOBEB A , A . o: 0 A6.1 KEYNOTES STRATOS FORM R SECTION F SCALE V4" = f-O' J( --------------- I I II p 2 - C ADDIT SECTION G SCALE VAN' = T-O" U❑ COB, 71061 SHINGLE ROOFING - SEE SPFDFICAMXE o EUPTER B❑ ROOF R*7FRS - SSE STRUCTURAL O CELING JOISTS - SEE STRUCT O FLOOR JOISTS - SEE STRUCTURAL © WOOD STUD WALL PLYWOOD 9JBROOR OR ROOF S &THNG CONOlTE BLOC% WALL -SEE STRUCTURAL DRAVWNGS V❑ CCARACTED BACKFILL - SEE SOILS REPORT ® BELOW GRADE WATER -PROOFING SYSTEM - SEE SPECIFICATIONS O FOUNDATION DRAIN - SEE SONS REPORT ® CONCRETE SLAB - SEE SIRICTIR& DRAWINGS U] ECEROR CENENT PLASTER - SEE SPEOFICAIONS ® ADHERED BRCK VENEER QFr'TInNI U T ErTInKI I 8itocOcAedources Cdffih)lssion 18-541 SCALE VAP,=r 109Y8/2022 0 BUILDING SECTIONS F - J FILE N11£ 20- SEC F-J M.EST01ES, _ AEVIBIma A , 0 0 s!E£r A6.2 IN BRICK COWER MOLDED UNIT MORTAR BED WOOD FRAMING = WOOD MOLDING IN BRICK VENEER THN BRICK CORNER MOLDED UNITS ALIGNED WTH TOP OF FIREBOX OPENING GAS OPLY DIRECT VENT FIREPLACE 2 THIN BRICK CORNER a - MOLDED UNITS AT SIDES OF FIREBOX 11 OPENING 3 FULL BRICKS AT HEARTH AT OR BELOW FSEBO% OPENING STUDS PER STRUCT H OVER TWO LAYERS OF 3E D' PAPER - SEE SPECS 'EXT. CEMENT PLASTER SPECS METAL FLASHING - PTO TRIM A PER STRUCT. I AS REOD LAG BOLTS STAGGERED VOOD BOX BEAM CUT ON 1S - SEE ELEVATION ONE LAYER OF 304 BLDG PAPER LAP over UNDERLAYMENT ASPHALT ROOFING SHNGLE RIDGE CAP ASPHALT ROOFNG SHINGLES over TWO LAYERS 30t BLDG PAPER SEE SPECS 77LEVEXTEND SHTMETAFLASHN1" UNDER EXIST. ROOFING PLYWD �ME UNDRIILAYMEhT ASPHALT P.DOFING SHNGLES wTWO LAYERS of BLDG PAPER PLYWOOD SHEATHING per STRUCT SHAPED RAFTERS SEE STRUCTURAL _T ASPHALT ROOFING SHINGLES var TWO LAYERS of 30- BLDG PAPER SHEET METAL FLASHNG TO PITCH BREAK x 8 TMG STARTER BOARD 2 Tam OPFN RAFTER TNL 2 x STIR WALL- SEE LEGEND =COUX 81/7 WOOD \ I / _ I EXISTING LA E%T. CEA PLASTER HER OUR TO FIT RADIUS CEILING J II'//�\\`II \ RAFTERS FlNSH LATH antl WEATHER BAPotlEA COUNTERSINK FASTENERS WHAE OC RS WATER-RESISTANT fl00F RFT RID. BEAM SEE STRUCTURAL SEE STRUCTURAL UNDEFLAYMENT SEE SPECS CURVED BEAM at PAVILLION RIDGE PITCH BREAK at CONCAVE ROOF EAVE at GARAGE CONCAVE ROOF 4 SCALE 1 V2' =Y-0, SCALE 3" = Y-0 SCALE 3" = `-0 SCALE 3" = `-0 II 2' ASPHALT flOORNG SHINGLES 2 x ROOF RAFTER ASPHALT ROOFING SHINGLES -T {- 7/8" EXT. CEMENT TWO LAYERS of SEE STRUCTURAL er TWO LAYERS of EXIST CEMENT PLASTER Hth "J" MTL TOM 3P BLDG PAPEfl 2 z 4 FLAT OUTRIGGER 30a BLDG PAPER BOTTOM OF FLUSH BEAM PLASTFA SEE SPECIFICATIONS at 24" OC ------------------ WEATHA-RESISTANT NOTCH 2 x AM at OUTRIGGERS WEATHER -RESISTANT EXIST 2 z WO LATH aver TW0121 LAYERS of LTDEflLAYMEM, SEE SPECS WDERLAYMENT, SEE SPECS COUNTEflI IRANK CEa WITH STUD WALL GRADED PAPER BEE SPECS SEA OF TG PUCT AL LY SDPoROIDN SHTG TOP AND BOTTOM EXIST MTL LATH to WRAP SHINGLES REMAIN doxn Wd END antl UNDEPLAY TO BACK'G SA 24 GA GALV FLASHNG BEHIND NNL al HALF-�I1N0 Bx8 POST _J' METAL antl OVEfl fl00FING STARTER BOARD m ASPHALT ROOFING SHINGLES NAL EXPOSED r TWO LAYERS of 48° CONT SOLID r< 30a BLDG PAPER BOCK UND BACKING a WATER RESISTANT 2 x BARGE 2x4 RAIL WITH COUNTER for FLASHNG ONEALAYMENT SEE SPECS SHAPED SINK SCREWS SYSTEM EXTEND UP aver BACKING PLASTER and a S 2 x ROOF I z 8 EXPOSED ITDEIILAYMEM WOOD FRMIED RAFTERS T B G SIDING I z COW PLATFORM SEE STRUC OVERHANG ABOVE RAFTERS Par ET I/ EAVE TRIM SEE ROOF PLAN SHEAR PANEL PLYWD ROGF T/8" E%T. CEMENT PLASTER over SEE STRUC IL—SHTG - BEE ST 2 x WOOD LATH and WEATHER -BARWEfl 2 x WOOD REMOVE FIST TUCCO STUD WALL WATER-RESISTANT STUD WALL B• BHT METAL BELOW SAWC SEE WALL UNDERLAYMENT, SEE SPECS SEE WALL GUTTER LEGEND SHEAR PANEL, SEE STRUC LEGEND SEE PLAN FIREPLACE CROSS BRACE at PAVILLION 9� ROOF TO WALL - PERP RAKE at GARAGE EAVE St GARAGE 3 SCALE 11/2"-0" =1' SCALE 1 Vr =Y-0 SCALE 3" = T-0 SCALE 11/2" = T, SCALE 3' = T-0 ASPHALT OFING SHINGLES ASPHALT fl00FlNG SHINGLES ASPHALT ROOFING SHNGLES TWO LAYERS OF 3011 BLDG 8 x WOOD BEAM -SEE STAUCT 7/8' EXT. CEMENT TWO LAYERS of ar TWO LAYERS of NET FREE AREA PEER SEE SPECIFICATIONS L� EXIST IT PLASTER adth "J" MTL TflM 30a BLDG PAPEfl 2 z 4 FLAT OUTRIGGER 30a BLDG PAPER T2 Sq In WRAP BEAM vAlh I/2' THK MDO PLASTER SEE SPECIFICATIONS WEATHER -RESISTANT t 24 OC WEATHER -RESISTANT SHNGLE aver RIPPER FLANGE 1-7 EXIST 2 z D LATH aver TWO R21 LAYERS of LTDERLAYMENT, SE4SPECS NOTCH 2 x flM at OUTRIGGERS 2 x ROOF RAFTER UNDERLAYMENT, SEE SPECS >, STUD WA L —) GRADE D' PAPER BEE SPECS SEE STRUCTURAL OHAGINS TAPERED LOW -PROFILE PLYWD ROOF SHTPLYWD fl0E SHTG COMPOSITION VENT. EgST MT 24 GA GALV SHT MTL FLASHING SEE STPUCTIAIAL SEE STRUCTURAL A Ta' SEE SPECIFICATIONS. - LATH to SA BEHIND "J" METAL TRIM EXTEND tl ROOF PLAN FOR LOCATION REMAIN do CU DOWN over fl0E FLASHNG IOtl END EAVE BLK'G SET BACK 1/2" ATTACH xith RO OFING NAILS. TO BACK' GALV SHEET METAL FLASHING NAIL ROOF HITCH Jr.. BM FACE SEE SPECIFICATIONS 10d END SEE ELEV 1 x 8 T A G STARTER BOARD - INIT&A�VE 10OF1 of BACKING NAIL EXPOSED INSTALL LOWER - 24 GA EDGE S OFILES �W 3 x CURVED BRACKET J UN ERLAYMENTTSEE SPECS ANT METAL TRIM /EA EOTPoM E ROOFING SHAPED FROM 3 x 8 UP WALL BEHIND FLAMING NT B�OCK'G at CONT BEAD SEALANT V / I I/7 AT UNDERSDE OF VENT `- �� 2 x ROOF _ I x 8 EXPOSED 1 x 8 EXPOSED PERIMETER and AROUND CONT S ID RAFTERS T S G BIDING T S G SIDING CIACULAA OPENING SEE EL BACKING SEE STRUC SEE ROOF P at SOFFIT at SOD B ro" SEAL TIGHT TO ROOF for 0 for FLASH G 4" MN SEE ROOF PLAN ODBM SHT METAL SHINGLES aM UNDER- BRACKET SYSTEM PLYWD fl0E SEE STRUC WATER LAYMEN WHERE HOPoZ LEG SHTG - SEE STRUC T/8" E%T. CEMENT PLASTER over SEE PLAN INSULATON - AT CLG JOISTS OCCURS WRAP POST xith I/2" TH( MDO 2 x WOOD LATH and WEATHER-BARWEfl SEE SPECIFICATIONS 8 x WOOD POST EXIST 2 z WOOD STUD WALL STUD WALL UNDERLAREYMENTNSEE SPECS SEE 9Di POS 2 x ROOF RAFTERS - SEE STRUC SEE PLAN BEHOVE FASTAWC STUCCO LEGEND SEE L BELOW SAWCUT SHEAR PANEL, SEE STRUC ATTIC VENT ` /` /` /` /` /` / DECORATIVE BRACKET at POST -BM CONN 94 ROOF TO WALL - PARALLEL �® RAKE at PAVILLION EAVE ai COVERED PORCH 2 SCALE 11/2" =1'-00 SCALE 11/2" =1'-00 SCALE 3" = T-0 SCALE I RAF, = T-0" SCALE 3" = T-0" 7 OR ASPHALT ROOFING SHNGLES ASPHALT �OFING SHNGLES R" C r TWO LAYERS of Q 24" 12" O.H. ar TWO LAYERS of 30i BIG PAPER �T PIT BREAK 30a BLDG PAPER WEATHER -RESISTANT WEATHER -RESISTANT 2 x ROOF UNDERLAYMENT, SEE SPECS ASPHALT MF'G 2 x ROOF RAFTERTr UNDERLAYMENT, SEE SPECS 4 X 8 SHAPED RAFTER SHINGLES aver SEE STRUCTURAL BL SEE STflUC PLYING fl0E SHTG . TWO LAYERS °f PLYING fl0E SHTG SEE STRUCTURAL ' 30a BLDG PAPER SEE STRUCTURAL ROOF PITCH S SEE FLEV ROOF PITCH III SEE ELEVI x 8 T S G STARTER BOARD y BxI05HPPED __.._ E%POSED GUTTER SEE PLAN --I■I� �4cEbdiItedources mmission 3 z B POST CELING JET 2 x WOOD STUD WALL 8"E%dWATHTPLASTEflover LATH antl WEATHER -BARBER WRIER -RESISTANT UNDER- SEE SPECS YG3I, nenM AN' AnY eX SEESTPoCUAL L Ix8 TAGN GEEING JST SOFFIT 2 x WOOD STUD WALL 'PAP WRAP POST ��over WRIER -RESISTANT UNDERLAYMENT, SEE SPECS SEE WALL LEGEND SHEAR PANEL, SEE STARK SEE WALL W/ 1/2"MOO LEGEND SFEAA ppNEL, SEE STPo1C ARBOR EAVE at PAVILLION STORAGE EAVE at PAVILLION EAVE at MAIN HOUSE SCALE I I/7 = T-O �3 g SCALE 3" = 11 SCALE 3" = Tb" SCALE 3" = 1b STRATOS FORM AICIITfGARS / I1 MOPS12-11 0 f ® �Sa � rtpRt�� m G4 <m zLu m< U Eg W ® =Z O< 6 N ®< LA1u cc G of PONAL VAL DETAILS FILE NAME 20- NtJ MILESTONES, AEVBIOLIB: 0 A 0 SHEET A8.1 / /I / 2 AFTER CUTTING HOUSE WRAP HOLD <R HEAD FLAP entl TEMPORARILY TACK 2 D 2®© B II EAD HEAD RO z4 z z D 8 6 S HEAD RO. zX z z D 8 6 S HEAD RO zE 9 PRESS iota SEALANT z z TACK IN PLACE w OE OE entl OE 5 0 JAMB FRAMNG BEYOND IN OUTSIDE 4 0 4b INSIDE OUTSIDE 4 o INSIDE OUTSIDE JAMB RAVING SET WINDOW FRAME vAM SEALANT ON BACKSIDE OF FLANGES, PRESS INTO PLACE PLUMB, LEVEL and SHIM BEYOND i u - z o? 46 D ALIGNMENT, CHECK DIAGONALS FOR OUT-af 4 SQUARE RACKING, and FASTEN 0 X TO FRAMNG ppx MAIAIFA - NSTRDCTIONS z 0? 4 0 LL - z 0? 3 MAI UP JAMBS O F ¢ O F ¢ 14 O F ¢ SILL SILL SLL R0. R0, R0, /.l WRAP SILL PAN DOWN �'-� avx HOUSE WRAP 9LL 5 LEAVE 131 2' L. GAPS N BEAD B SILL 5 vAth IN 2" L. GAPS IN BEAD B 9LL 2 WRAP UP avx SILL SURFACE INPZ 1 OUTSDE 2 IN 1 OUTSDE 2 IN / OUTSIDE ROUGH OPENING OUTSIDE DIM par MANJFA 6 ROUGH OPENING OUTSIDEqM per MANJFA 6 ROUGH OPENING OUTSIDE 0 qM per MANIFA 2 WRAP AROUND ..I. JAMB SURFACE 3" 2 7 6 5 46 2 D 7 6 5 WRAP SLL PAN amd JAMB 77/7 JAMB JAMB 4 INSIDE 15 JAMB 4 IN15 W INSIDE 15 -TAPE. JMS SSUUREFACEWRAPEDGSLLEOF BELOW IST - PREPARE HOUSE WRAP and SET SILL PA 2ND - SET WINDOW IN OPENING 3RD - FINISH HEAD FLASHING INTEGRATION SCALE s = r_o'. 98 SCALE s = r-0'. 44 SCALE 3.. = r_C, 9® 4 1H: FOLLOWTIG KEYNOTES APPLY TO NEAIFEI!-BPR1,19R INSTPLLATIOk O HEAD O CIO FRAMING SUBSTRATE ASSEMBLY. SEE DWGS and WALL LEGEND WW&LHOUS O PERIMETER O 2 APWR SECS NE TH OPENING BENEATH 3 ELL PAN SE-AHNB® RE%BLE FLASHING, � SPECS HOUSE WRAP HOUSE WRAP at JAMBS 4 FLANGED WIDOW FRAME SEE DWCXC WIDOW SCHEDULE, and SPECS 5 CONINKK6 BEAD OF SEALPM, PER 1WNDOW MANFR 9EC5 A A CUTTING SEQUENCE A A b FASTENERS TO ANCHOR RANGES, TYPE and SHE PER WIDOW MANFR 2 O HORZ HEAD CUT PREPARED ROUGH 7 SELF-ADHEED FLEX TAPE, VERT over WIDOW JAMB FLANGES O O SEESCE O VERT CBJIER QR OPENING V4NTO READY FOR DOW g SELF -AD 430 FLEX TAPE, HORIZ — WIDOW HEAD RANGES OLOWERDAGON& CUTS L I NVERTED Y INSTALLATION 9 METAL DRIP CAP, ACCROSS ME WDAI OF VRDOW HEAD ID FO.D HOUSE WRAP DOWN OVER FLEX TAPE and TACK STAPLE IN RACE a O O PPER MWNAL NITS R 'SUP TAPE" HOUSE WRAP HEAD RAP Oj O HOLD UP HEAD RAP, HOUSE WRAP A SILL Q TAPE OVER 45-DEGIEE PIECED HEAD CURS IN HOSE WRAP TEMPORARILY TACK SILL D DMOR FINISH SEE DWOS, ADDITKRNL DETAILS and SPECS i t E 563 eobmalComMis HORQ ROWS 1 STAPLE and SEAM TAPE p A HORIZ WEATHER -LAPPED SEAM FIRST - CUTTING HOUSE MAP p EXPOSED EDGE SECOND -PREPARED OPENINGHOUSE-WRAP i Up'.ROW HOUSE WRAP PREP Si WINDOW OPENINGS rs �V WINDOW INSTALLATION KEYNOTES SCALE, NONE SCALE NONE cCm� 14 O FILLY -SO -DER ALL JO'NTS NOT BROKEN FROM A Cq T HUC(S SHEET VERTICAL FACE CONIC SLAB 12 I MORTAR BED THIN BNCK RISERS R LL BRICK TREADS and PLYWOODSHEATHING, WPLL FRASHEATHING, S a . f�0 �(I J `� BRICK STEPS 4 SCALE. 3' 2 i-0- SELF ADHERED FLEXIBLE 3 FLASHNG - SEE SPECS O VERi LEG 'J' METAL STUCCO TRIM 7/S" EX 01 CEMENT PLASTER - SEE SPECS WR* RR ,q, FINISH iHK CO M BEAD SEALANT LATH OVER TWO LAYERS ., IOF GRADE D' PAPER SEE SPECS ISOMETRIC VIEW PLYWD SHTG I WHETS OCCURS THE FCLLOWNG KEYNOTES APPLY TO THS CETAL ONLY I 2 z WOOD STUD WALL FLOOR SHEATHING WAIL GLAZED WINDOW UNIT WALL LEGEND SEE WINDOW SCHEDULE and 2 PLYWOOD WALL SHEATHING UDEULAYTBdT OR STRUCTURAL SHEAR PANEL SPECIFICATIONS GYPSUM DRYWALL J COPPER PAN / SADCLE FLASHNG, 20 OUCE/Sf (22 GAI, ATTACH xdh COPPER NAILS OR STAIN.ESS SCREWS FLLYSOLDHt ALL JON% WOOD CASING par O FLEXIBLE RASING of FEAT and JAMB - SEE SPECS INTERDR DESKSER SILL PAN FLASHING ai EXTERIOR DOORS WINDOW JAMB SCALE ITS SCALE Y = T 0' INSIDE OUTSIDE _ D0011-SEE SCHEDULE PLYWD SHTG WHERE OCQA15 WOOD THRESHOLD 20 OZ. COPPER SILL PAN par 2 X WOOD STUD WALL 7LAS EXTERIOR CEMENT PLASTER -SEE SPECS WOOD FLOOR DETAIL 7ZAS2 SET PAN IN FULL BED MASTIC SEE WALL LEGEND _ LATH OVER TWO LAYERS OF FINISH PAN PROFILE 3' FIN FLR GYPSUM GRADE D' PAPER -SEE SPECS EXTEND DOWN over FLEXIBLE FLASHNG _ BRICK PAVERS DRYWALL ' w SELF-ADHAED FLEXIBLE FLOOR WOW CASING FLASHNG - SEE SPECS DOWN over NALING FLANGE SHTG PNTEPo.R CON. LANDING DESIGNER METAL STUCCO TRIM 2 X WOOD Q u vdM TH( EDGE ��a AGAINST WALL C CONT BEAD SEALANT FRAMING D Qp o D4 20 OZ. PPE SHT METAL PLATE FULL WIDTH OF CON AM ", BLDG ADHESIVE DUAL GLAZED WINDOWJL UNIT SOIL ALL VERT SEAMS SHIM UNIT SEE WINDOW SCHEDULE entl 2 LA ERRS 30a BLDG PAPER I., LEVEL SPECIFICATION SET HEAD and JAMB NAILING FRAMING BEHIND SHEET METAL FLANGES IN FULL BED OF SEALANT, SILL FLANGE SEALANT CONIC w CMU FOUNT WALL HEAD SHALL NOT BE CONT DOOR THRESHOLD - OUTSWING WINDOW HEAD SCALE a" = T-0• P SCALEs = r-o- DUA GLAZEDWNDOW UNIT SHIM UNIT 9EE W NDOWDSCHEDULE and SPECFICATIONS I., LEVEL SET HEAD and JAMB NAILING RANGES IN FULL BED OF SEALANT, SILL FLANGE SEALANT BEAD SHALL NOT BE CONT WOOD CONT BEAD SEALANT / "J" METAL STUCCO TRIM _, _ CASIN PNTEPoON l_ SERF -ADHERED FLEXIBLE SILL PAN RASHNG -SEE SPECS DESIGNER SILL APRON FLASHING under FLEXIBLE SILL PAN FLASHNG DRYWALL �� I ` OR PLASTER ERISEE SPPEECST / _LLQ_JMn[—PLYWD SHTG WHERE OCCURS DOOR THRESHOLD - INSWING 5 WINDOW SILL SCALE S' = T-0" SCALE 3" = T-0" STRATOS FORM 0 L z f � � TtpRt�� m NG4 <m U W ®_ =Z y O` L2 ®g x x L'J pZ PONAL VAL ARCHITECTURAL DETAILS FILE NAME 20-09 Dat2 AIESTOM 0 BEET A8.2 LINE of BACKCUT F.G MHADRAN WATER- PROOFING SYSTEM • +'IIII SEE SPECS ' over— 'III — WRAP DOWN r •+ ' + TOP OF FOOTING '+ IIII-1I11; bN CHNAEY DRAIN ++ _ III- I DETAIL 2® DETAIL SCALE 3' = r-0" SCALE 3' = r-0" _ 'o CONC MASONRY O RETAINING WALL IIII O SEE STRUC G IIII= CHIMNEY DRAIN 3/4' DRAIN ROCK m °g IIII WRAPPED vAlh FILTER FABRIC m v, CONIC SLAB010 6 MIRAFI NON FILTER FABRIC w IIII-AROUND ENTIRE SECTION of 0 IIIIIIIIIROCK IIII. T P IIIIIII� CONIC FOOTING J 4" DIA PERFORATED ABS SD -35 SEE STRJC L PVC SCHED 40, HOLES LAID DOWN, SLOPE U. TO DRAIN TERMINATE al SLMP, SEE PLAN DETAIL 9g DETAIL 9� WATERPROOFING ai RETAINING WALL 99 BBQ COUNTER SCALE 3" = Y-0 SCALE 3" = r-0 SCALE NTS SCALE 3" = Y-0 STRATOS FORM STONE COUNTERTOP CONCRETE BACKER BOARD 3' THCK CONCRETE BASE COUNTER Axf xi Tf«URE/iN Ri0P5 u oas T/B" EXTERIOR CEMENT PLASTER o'ruiGE uHlAnaee a' CMU WALLS Z eZ'l; PROVIDE VENTS AT EACH END OF COUNTER LINE OF EXISTING MADE BEYOND 2 x WOOD SAID WALL SEE WALL LEGEND PLYWOOD SHTG WHERE OCCURS PLASTER - SMOOTH TROWEL FlNSH SEE EXTn ELEV MASONRY VENEER, SEE SPECIFICATIONS HEADER COME SEE ELEVATIONS PLASTER BROWN COAT _ 2" X 2" IB GA W.W.M. MAX WITH W BARBED GALV. DETAIL ® DETAIL DETAIL DETAIL BRICK VENEER SCALE 3" = Y-0' 90 SCALE 3" = Y-0' 94 SCALE 3" = r-0" �® SCALE 3" = r-0" SCALE 3" = r-0" 2 2 x WOOD STUD WALL PLYWD SHTG WHERE OCCURS GALV METAL PLASTER WEEP SCREED BittdObLRedourceS Commission 18-574 41 FACE OF CONIC SLAB DETAIL 97 DETAIL DETAIL DETAIL WEEP SCREED SCALE 3" = I'b' SCALE 3" = r-a' SCALE 3" = r-a' SCALE 3" = rb' SCALE 3" = I'b' 9 cc O ILL _® P' ol$ M n NG4 <m m` U W ®_ =2 O` y L2 cc cc L'J pZ �S: ° am PROFESS ONAL VAL DETAILS FILENAME 20 -NU AIESTOMM AEV1910N6: A 0 0 SHEET A8.3 6. Historic Exterior Modification Application No. 2021-03 — Jill Arabe, Case Planner Project Location: 2405 N. Bonnie Brae located in the Single Family Residential (R- 1) zoning district. Project Applicant: Carol Fox Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021-03 to allow exterior modifications on a property listed in the California Register of Historical Resources. Modifications include a 257- square-foot addition to the first floor to accommodate a new kitchen addition and new bath, a 172-square-foot basement addition, addition to the detached garage, construction of three accessory structures, and rear yard improvements. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-53 will be filed for this project. Recommended Action: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03. Bittd@icdi�edources Commission 181 _U@ 109Y8/2022 Planning and Building Agency Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 1, 2021 Topic: HEMA No. 2021-03 — The Mayberry Residence (2405 North Bonnie Brae) RECOMMENDED ACTION Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03. EXECUTIVE SUMMARY Benjamin and Catherine Mayberry are requesting approval of Historic Exterior Modification Application (HEMA) No. 2021-03 to allow exterior modifications consisting of additions to the first floor, basement, and detached garage, and the construction of a pool and spa and three detached accessory structures, for the Mayberry Residence located at 2405 North Bonnie Brae. DISCUSSION Project Location and Site Description The subject property is located on the northwest corner of the Bonnie Brae and North Benton Way intersection in the Floral Park neighborhood. The General Plan land use designation for the site is Low Density Residential (LR) and the zoning district is Single - Family Residential (R1). The property contains an existing two story Tudor style residence that is approximately 3,527 square feet in size with 333 square feet subterranean basement and a 574 square feet detached garage on a 0.36-acre residential lot. The property is deemed a historic structure because it was determined eligible for inclusion in the National Register of Historic Places as a contributor to a potential North Broadway Park Historic District in 1980 and automatically included in the California Register of Historical Resources. The house has distinctive architectural features of the Tudor style and was built in 1928. The Tudor style house is characterized by steeply pitched roofs, multipaned narrow windows, a heavy wooden front door, prominent cross - gable design, and tall chimney feature. Typical to most Tudor style homes, the two-story corner residence features steeply pitched roofs with prominent front -facing gables, rolled eaves, multipaned narrow casement and double -hung windows, and clad with a Bittd@icLli�edources Commission 1181—M) 109Y8/2022 HEMA No. 2021-03 — Mayberry Residence (2405 North Bonnie Brae) July 1, 2021 Page 2 combination of stucco and brick, and a tall brick chimney. The roof material is composition shingles and designed with exposed and shaped rafter tails and rounded shadow boards with wrapped roofing at the roof rakes with rounded end caps. The home has a detached three -car garage to the north of the property, located along North Benton Way, which provides a large concrete driveway leading to the garage. The front elevation offers a long sweeping steeped front -facing gable roof with an arched brick gable entry, and multipaned narrow casement windows. The front yard is landscaped with a brick walkway leading to the entry. Project Description The proposed exterior modifications will include a 446-square-foot addition for an expanded kitchen, basement, and new bathroom; a 340-square-foot rear covered porch; a 126-square-foot rear garage addition; and 630 square feet of new detached accessory structures. The site will also be improved with a new in -ground pool and spa in the rear yard and interior renovations to an existing mudroom, laundry room, den, and kitchen. The expanded kitchen area is proposed along the west side of the house, approximately 15 feet behind the primary building facade facing Bonnie Brae, while the new bathroom is proposed along the north elevation and approximately three feet west of the building fagade along Benton Way. Both areas of the residential addition incorporate a compatible, lower pitched, hipped roof design with exposed rafters that connects with the covered porch, which wraps around the northwest edge of the residence. Three new wood casement windows and two new wood french doors are proposed along the north and west elevations of the addition and remodeled mudroom, while all other windows and doors of the residence will remain the same. The garage remodel consists of the replacement of garage doors with carriage style steel sectional garage doors, an overall six-foot rear extension, and relocated wood windows and new man door at the rear. Like the addition to the main residence, the garage addition will be lower than the existing garage height. It will contain two sweeping shed roofs on the sides of the addition with a cross -gable roof at the center. The addition will be clad with stucco finish to match the existing garage. The rear and side yards will be improved with three new accessory structures. The approximately 314-square-foot pavillion structure located west of the new pool and spa will contain two storage rooms and a central fireplace. Two arbors, containing approximately 216 square feet and 100 square feet each, are proposed west and east of the main residence. Analvsis of the Issues As proposed, the project will follow the Secretary of the Interior's Standards (SOIS) for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, & Reconstructing Historic Buildings (Kay D. Weeks and Anne E. Grimmer, Bittd@icdi�edources Commission 13 —M 109Y8/2022 HEMA No. 2021-03 — Mayberry Residence (2405 North Bonnie Brae) July 1, 2021 Page 3 revised 2017). The proposed exterior modifications would be considered a rehabilitation project and as such be evaluated against ten criteria. Staff has reviewed the proposed modifications in comparison to the SOIS. The following is a review of the findings as they pertain to the applicable criteria: 1. A property will be used as it was historically or be given a new use that requires minimal changes to its distinctive materials, features, spaces, and spatial relationships. The project complies with Standard No. 1. The property currently maintains its historic use as a single-family residence. The use is not proposed to change. The interior configuration will remain substantially the same with the addition providing enhanced functionality. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. The project complies with Standard No. 2. The historic character of the subject property will be retained and preserved. The proposed single story addition has been designed to remove as little historic material as possible, and will be located on secondary elevations, toward the side and rear of the structure. Although visible from the public right-of-way, the proposed addition is designed to be compatible in scale with a lower roof height, setback from the primary facade, and features the reuse of existing windows, as feasible, or similar wood windows. The proposed exterior alterations will not alter the primary south (front) and east (street side) elevation, or any important spatial relationships that characterize the property. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. The project complies with Standard No. 3. The proposed changes will not create a false sense of historical development. The proposed addition will read as contemporary in comparison to the existing single-family residence which incorporates distinctive architectural features of the Tudor style. The addition is single story and will have a lower pitch roof to the existing house to distinguish it from the historic structure, and is designed to be compatible with the existing scale, window pattern, and stucco finish of the residence. Moreover, the addition is set back more than 15 feet from the primary facade so as not to significantly impact the character defining features of the primary elevation. Therefore, the architectural treatment will read as contemporary, not conjectural. Bittd@icdi�edources Commission 1181--ffl 109Y8/2022 HEMA No. 2021-03 — Mayberry Residence (2405 North Bonnie Brae) July 1, 2021 Page 4 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. The project complies with Standard No. 4. The existing brick wainscot and cladding of the entry porch are not original to the house, but have acquired historic significance in its own right and will be retained and preserved. The proposed addition and renovations will not affect or duplicate the existing brick cladding. Although the detached garage's roof -form and dormer features exemplifies character defining features of the architectural style, the existing garage doors were previously altered and the proposed replacement will not affect the historic significance of the property. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. The project complies with Standard No. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property will be preserved. The project does not propose to remove character - defining features or materials/finishes along the primary elevation. The project does propose to add to the rear and side of the house, which will remove windows and doors along secondary elevations. Windows will be reused, as feasible, and new wood windows and doors will be compatible with existing features. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. Standard 6 does not apply as the proposed project does not deal with issues of deterioration of existing materials or replacement of existing features. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. Standard 7 does not apply as the project will not involve chemical or physical treatments on the building and will be in full compliance with the Standards. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Standard 8 does not apply as there are no known archeological resources onsite. Bittd@icdi�edources Commission 13 —72 109V8/2022 HEMA No. 2021-03 — Mayberry Residence (2405 North Bonnie Brae) July 1, 2021 Page 5 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. The project complies with Standard No. 9. The new addition will not destroy historic materials, features, or spatial relationships that characterize the property. Although the proposed addition is visible from the public right-of-way, it is subordinate to the existing house due to its lower pitched roof, smaller scale, and deep setback from the primary elevation. The proposed detached arbor, located east of the house along Benton Way, can be removed without affecting the building's structural integrity and does not impact the visibility of character defining features of the house. Important spatial relationships characterizing the Tudor architectural style will not be disturbed, as the addition is only single -story, positioned to the rear and side of the existing house, and will not alter the existing roof line. These features allow the addition to appear subordinate to, and not overwhelm the existing massing, while also preserving the historic sense of the existing roof line. The materials of the new addition will also be compatible with the existing historic materials, through the use of similar materials. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The project complies with Standard No. 10. The proposed project is considered generally reversible as it does not remove essential aspects of the building's form and materials. The proposed addition will be located at the rear and side of the house, avoids the most significant and character -defining features, and is subordinate to the overall massing of the house. The essential form of the house and the vast majority of its historic materials will remain unimpaired. In conclusion, staff has determined that the project complies with The Secretary of the Interior's Standards for Rehabilitation. Specifically, the analysis indicates that the proposed addition would be compatible and consistent with the existing architectural elements that reflect the original Tudor style construction while being mindful not to disturb the historic materials that characterize the property. By localizing the scope of work towards the rear and side of the house and differentiating the new work from the old, the property will maintain its historic and character -defining features. Most importantly, due to the additive nature, the addition will allow for the option for it to be removed in such a way that the essential form and integrity of the historic property and its environment would be unimpaired. The role of the Historic Resources Commission is to issue a Certificate of Appropriateness upon finding that the proposed modifications do not substantially change the character and Bittd@icdi�edources Commission 13 —M 109Y8/2022 HEMA No. 2021-03 — Mayberry Residence (2405 North Bonnie Brae) July 1, 2021 Page 6 integrity of the historic properties per Santa Ana Municipal Code Section 30-6, meet the Secretary of Interior's Standards per CEQA and the City's Certified Local Government agreement with the State of California. Staff finds that the historic exterior modification application meets the necessary criteria to be awarded a Certificate of Appropriateness and should be approved. It is also recommended that staff approve the exact materials and finishes to be used prior to installation to ensure quality and compatibility. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10-days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed in a manner consistent with the Secretary of Interior's Standards. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-53 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. 500-Foot Radius 3. Site Photos 4. Drawing Exhibits Map — 2405 North Bonnie Brae Submitted By: Jill Arabe, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@icdi�edources Commission 181—n 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2021-15 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING THE CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 2405 NORTH BONNIE BRAE (HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2021-03) BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Benjamin K. Mayberry and Catherine I. Mayberry, Husband and Wife as Joint Tenants ("Applicant"), are requesting approval of Historic Exterior Modification Application No. 2021-03 to allow exterior modifications to the property at 2405 North Bonnie Brae. B. The legal owners of the property are Benjamin K. Mayberry and Catherine I. Mayberry. C. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. D. The property is deemed a historic structure because it was determined eligible for inclusion in the National Register of Historic Places as a contributor to a potential North Broadway Park Historic District in 1980 and automatically included in the California Register of Historical Resources, E. The Mayberry Residence has distinctive architectural features of the Tudor architectural style and was built circa 1928. Character -defining exterior features of the house, which should be preserved, include but may not be limited to: steeply pitched roofs, curved sweeping shed roof, multipaned narrow windows, exposed and shaped rafter tails, entry porch with roman arch, and brick chimney. F. Pursuant to Santa Ana Municipal Code Section 30-6, no exterior physical modifications, other than those identified by the Historic Resources Commission for administrative approval by city staff, shall be permitted with respect to a historic structure until the Historic Resources Commission approves such request at a duly noticed public hearing and issues a certificate of appropriateness. The Historic Resources Commission shall issue the certificate of appropriateness upon finding that the proposed modification(s) does not substantially change the character and integrity of the historic property. Bittc@iedi�edources Commission 13 —ffi 10 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 G. The proposed exterior modifications include a 446-square-foot addition for an expanded kitchen, basement, and new bathroom; a 340-square-foot rear covered porch; a 126-square-foot rear garage addition; and 630 square feet of new detached accessory structures. The site will also be improved with a new in -ground pool and spa in the rear yard and interior renovations to an existing mudroom, laundry room, den, and kitchen. H. Pursuant to Santa Ana Municipal Code Section 30-6, the Historic Resources Commission held a duly noticed public hearing on July 1, 2021 for the request for exterior modifications to the Mayberry Residence. I. Since the property is deemed a historic structure, all exterior modifications are required to meet the Secretary of Interior's Standards for Rehabilitation. 1. The following Secretary of Interior's Standards are applicable: i. The project complies with Standard No. 1. The property currently maintains its historic use as a single-family residence. The use is not proposed to change. The interior configuration will remain substantially the same with the addition providing enhanced functionality. ii. The project complies with Standard No. 2. The historic character of the subject property will be retained and preserved. The proposed single story addition has been designed to remove as little historic material as possible, and will be located on secondary elevations, toward the side and rear of the structure. Although visible from the public right-of- way, the proposed addition is designed to be compatible in scale with a lower roof height, setback from the primary facade, and features the reuse of existing windows, as feasible, or similar wood windows. The proposed exterior alterations will not alter the primary south (front) and east (street side) elevation, or any important spatial relationships that characterize the property. iii. The project complies with Standard No. 3. The proposed changes will not create a false sense of historical development. The proposed addition will read as contemporary in comparison to the existing single-family residence which incorporates distinctive architectural features of the Tudor style. The addition is single story and will have a lower pitch roof to the existing house to distinguish it from the historic structure, and is designed to be compatible with the existing scale, window pattern, and stucco finish of the residence. Moreover, the addition is set back more than 15 feet from the primary facade so as not to significantly impact the character defining features of the primary elevation. Therefore, the architectural treatment will read as contemporary, not conjectural. Resolution No. 2021-15 Bibtdi;ieLIRedources Commission 181—M 109?8ndj�6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 iv. The project complies with Standard No. 4. The existing brick wainscot and cladding of the entry porch are not original to the house, but have acquired historic significance in its own right and will be retained and preserved. The proposed addition and renovations will not affect or duplicate the existing brick cladding. Although the detached garage's roof -form and dormer features exemplifies character defining features of the architectural style, the existing garage doors were previously altered and the proposed replacement will not affect the historic significance of the property. V. The project complies with Standard No. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property will be preserved. The project does not propose to remove character -defining features or materials/finishes along the primary elevation. The project does propose to add to the rear and side of the house, which will remove windows and doors along secondary elevations. Windows will be reused, as feasible, and new wood windows and doors will be compatible with existing features. vi. The project complies with Standard No. 9. The new addition will not destroy historic materials, features, or spatial relationships that characterize the property. Although the proposed addition is visible from the public right-of-way, it is subordinate to the existing house due to its lower pitched roof, smaller scale, and deep setback from the primary elevation. The proposed detached arbor, located east of the house along Benton Way, can be removed without affecting the building's structural integrity and does not impact the visibility of character defining features of the house. Important spatial relationships characterizing the Tudor architectural style will not be disturbed, as the addition is only single story, positioned to the rear and side of the existing house, and will not alter the existing roof line. These features allow the addition to appear subordinate to, and not overwhelm the existing massing, while also preserving the historic sense of the existing roof line. The materials of the new addition will also be compatible with the existing historic materials, through the use of similar materials. vii. The project complies with Standard No. 10. The proposed project is considered generally reversible as it does not remove essential aspects of the building's form and materials. The proposed addition will be located at the rear and side of the house, avoids the most significant and character -defining features, and is subordinate to the overall massing of the -- ... .. ; FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 house. The essential form of the house and the vast majority of its historic materials will remain unimpaired. viii. Standards 6-8 are not applicable. No features of this description would be affected by this Project. Section 2. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed in a manner consistent with the Secretary of Interior's Standards. Categorical Exemption, Environmental Review No. 2021-53 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves the Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03. The Historic Resources Commission finds that the proposed modifications do not substantially change the character and integrity of the historic property. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff Report and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 4. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 1 st day of July 2021 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �14 A4-. Join M. Funk Sr. Assistant City Attorney Q&Iflf.ae ° Alberta Christy, Chairperson AYES: Commission members: CARPENTER, CHRISTY, HARDY, RUSH, SARMIENTO (5) NOES: Commission members: MURASHIE (1) ABSTAIN: Commission members: MCLOUGHLIN (1) NOT PRESENT: Commission members: FRAZIER, SHIPP (2) Resolution No. 2021-15 Bittd@icdi�edources Commission 181—as 10qy8n01:2q6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-15 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 1, 2021. y Date: 07-01-2021 Commission Secretary City of Santa Ana FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address '° ` Legal Description Owner Names 002-121-15 2405 NORTH BONNIE LOTS 5 AND 6 OF TRACT NO. Benjamin K. 002-121-16 BRAE 761, IN THE CITY OF SANTA Mayberry and ANA, COUNTY OF ORANGE, Catherine I. STATE OF CALIFORNIA, AS Mayberry PER MAP RECORDED IN BOOK 22, PAGES 35 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2021-15 Page 6 of 6 Bittd@iedi�edources Commission 181-8?D 109V8/2022 Historic Resources Commission Regular Meeting Agenda Minutes July 1, 2021 IN -PERSON MEETING 4:30 P.M. *For viewing only: www.youtube.com/cityofsantaanavideos/live. For detailed participation and commenting options, please review the instructions provided at the end of this agenda. HlqlcOaAesouroes Commission 1$I —&a 10ffl/2022 GINELLE HARDY Citywide Representative TIM RUSH, Vice Chair Ward 2 Representative DWAYNE SHIPP Ward 5 Representative MARK MCLOUGHLIN Planning Commission Rep. JOHN FUNK Legal Counsel ALBERTA CHRISTY Chair, Ward 4 Representative MINH THAI Executive Director ALI PEZESHKPOUR Principal Planner KEITH CARPENTER Ward 1 Representative EDWARD MURASHIE Ward 3 Representative SANDRA PENA SARMIENTO Ward 6 Representative VINCE FRAZIER Comm. Redev. & Housing Commission Rep. SARAH BERNAL Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found onthe City's website — www.santaana.org/citymeetings. 1810LResou es Commission 1:I —En 1 ON/2022 CALL TO ORDER ATTENDANCE ROLL CALL Commissioners Alberta Christy, Chairperson Tim Rush, Vice Chairperson Keith Carpenter Vlnce Frazier Ginelle Hardy Mark McLoughlin Edward Murashie Sandra Pena Sarmiento Dwayne Shipp Staff: Minh Thai, Executive Director John Funk, Senior Asst. City Attorney Ali Pezeshkpour, Principal Planner Sarah Bernal, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non -agenda items) CONSENT CALENDAR ITEMS a. Minutes Recommended Action: Approve the Minutes from May 13, 2021 meeting. b. Excused absences Recommended Action: Excuse absent commissioners. Minutes: Commissioner Shipp was excused for his absence. Commissioner Frazier was not excused for his absence. Moved by Commissioner McLoughlin, seconded by Commissioner Carpenter to Approve Consent Calendar items. YES: 6 — Alberta Christy, Sandra Pena Sarmiento, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 3 — Tim Rush, Dwayne Shipp, Vince Frazier Status: 6-0-0-3— Pass BUSINESS CALENDAR — PUBLIC HEARING 1. Historic Resources Commission Application No. 2021-11, Historic Register Categorization No. 2021-11 and Historic Property Preservation Agreement No. HiqlodaLRedouroes Commission A —m 1MUNI 2021-10 — Pedro Gomez, Case Planner Project Location: 935 W. Twentieth Street (historically known as the Russell -Irving House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Frank Filipponio Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-11, Historic Register Categorization No. 2021-11, and Historic Property Preservation Agreement No. 2021-10 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-58 will be filed for this project. Recommended Action: 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 11 and Historic Register Categorization No. 2021-11. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Frank Filipponio and Kristen Marcucci, subject to non -substantive changes approved by the City Manager and City Attorney. Minutes: Commissioners Carpenter, Christy, Murashie and Rush disclosed they visited the property. Commission expressed concern with the front door, siding, and hand railing as they are not original to the home. Chair Christy opened the Public Hearing. The applicant spoke in support of the matter and expressed willingness to address Commission concerns regarding the front door, siding, and railing. Moved by Commissioner Rush, seconded by Commissioner Hardy to Approve as amended with the added conditions: The applicant shall (1) replace the wood board siding along the front of the elevation, (2) replace the front entry hand rails, and (3) replace the front entry door screen . YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass 2. Historic Resources Commission Application No. 2021-06, Historic Register HiqlodaLRedouroes Commission A —91f 1MUNI Categorization No. 2021-06, and Historic Property Preservation Agreement No. 2021-06 — Pedro Gomez, Case Planner. Project Location: 2307 N. Benton Way (historically known as the Martha Ann Brooks House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Nicolette Ramirez Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-06, Historic Register Categorization No. 2021-06, and Historic Property Preservation Agreement No. 2021-06 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-60 will be filed for this project. Recommended Action: 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 06 and Historic Register Categorization No. 2021-06 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Benjamin and Nicolette Ellen -Valdez Ramirez subject to non -substantive changes approved by the City Manager and City Attorney. Minutes: Chair McLoughlin recused himself from consideration of the item as he lives within 500 feet of the property. Commissioners Carpenter, Murashie, Christy, and Rush disclosed they visited the property. Chair Christy opened the Public Hearing. The applicant spoke in support of the matter. The following individual spoke on the matter. • Dylan Almendral spoke in support There were no other speakers and the Public Hearing was closed. Moved by Commissioner Murashie, seconded by Commissioner Rush to Approve. YES: 6 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith HiqlodaLRedouroes Commission 1% _9Z 1MUNI Carpenter, Ginelle Hardy NO: 0 — ABSTAIN: 1 — Mark McLoughlin ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 6-0— 1 —2— Pass 3. Historic Resources Commission Application No. 2021-13, Historic Register Categorization No. 2021-13, and Historic Property Preservation Agreement No. 2021-12 — Pedro Gomez, Case Planner. Project Location: 2311 N. Heliotrope Drive (historically known as the Ida C. Wiesseman House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Lauren Hartshorne Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-13, Historic Register Categorization No. 2021-13, and Historic Property Preservation Agreement No. 2021-12 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-61 will be filed for this project. Recommended Action: 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 13 and Historic Register Categorization No. 2021-13 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Lauren and Jenny Hartshorne, subject to non -substantive changes approved by the City Manager and City Attorney. Minutes: Commissioners Carpenter, Christy, Murashie, and Rush disclosed they visited the property. The Chair opened the Public Hearing. The applicant spoke in support of the matter and addressed Commission's concern regarding a tree located in the front yard that blocks a portion of the view corridor. The following individual spoke on the matter. • Dylan Almendral spoke in support of the matter. Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve. HiqlobaLRellouroes Commission 168 —n 1MUNI YES: 6 — Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 1 —Alberta Christy ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 6 — 1 — 0 — 2 — Pass 4. Historic Resources Commission Application No. 2021-04, Historic Register Categorization No. 2021-04, and Historic Property Preservation Agreement No. 2021-04 — Pedro Gomez, Case Planner. Project Location: 2424 N. Bonnie Brae (historically known as the Clarence Bond House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Brooke Weitzman Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-04, Historic Register Categorization No. 2021-04, and Historic Property Preservation Agreement No. 2021-04 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-08 will be filed for this project. Recommended Action: 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 04 and Historic Register Categorization No. 2021-04 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Alfred Frank Weitzman, Maura Zwerling Weitzman, David A. Weitzman, and Brooke Weitzman, subject to non -substantive changes approved by the City Manager and City Attorney. Minutes: Commissioners Carpenter, Christy, Rush, and Murashie disclosed they visited the property. Chair Christy opened the Public Hearing. The applicant spoke in support of the item. The following individual spoke on the matter. • Dylan Almendral spoke in support. Moved by Commissioner Murashie, seconded by Commissioner Hardy to Approve. YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith HislodaLRedouroes Commission 1-8 —947 10N8/2022 Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass 5. Historic Resources Commission Application No. 2021-12, Historic Register Categorization No. 2021-12 and Historic Property Preservation Agreement No. 2021-11 — Jill Arabe, Case Planner. Project Location: 2206 N. Freeman Street (historically known as the Eisen -Glasser House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Jacob and Vanessa Collins Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-12, Historic Register Categorization No. 2021-12, and Historic Property Preservation Agreement No. 2021-11 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-59 will be filed for this project. Recommended Action: 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 12 and Historic Register Categorization No. 2021-12. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Mills Act agreement with Jacob and Vanessa Collins subject to non -substantive changes approved by the City Manager and City Attorney. Minutes: Commissioners Carpenter, Christy, Murashie, and Rush disclosed they visited the property. Chair Christy opened the Public Hearing. The applicant spoke in support of the matter. The following individual spoke on the matter. • Dylan Almendral spoke in suppory There were no other speakers and the Public Hearing was closed. Moved by Commissioner Rush, seconded by Commissioner McLoughlin to Approve. HiqlobaLRellouroes Commission A —gs 1MUNI YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass 6. Historic Exterior Modification Application No. 2021-03 — Jill Arabe, Case Planner Project Location: 2405 N. Bonnie Brae located in the Single Family Residential (R-1) zoning district. Project Applicant: Carol Fox Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021-03 to allow exterior modifications on a property listed in the California Register of Historical Resources. Modifications include a 257- square-foot addition to the first floor to accommodate a new kitchen addition and new bath, a 172-square-foot basement addition, addition to the detached garage, construction of three accessory structures, and rear yard improvements. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2021-53 will be filed for this project. Recommended Action: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-03. Minutes: Commissioners Carpenter, Murashie, Christy, and Rush disclosed they visited the property. Chair McLoughlin recused himself from consideration of the matter as he lives within 500 feet of the property. Recording Secretary reported that written communication was received. Chair Christy opened the Public Hearing. The applicant spoke in support of the matter. The following individual spoke on the matter. • Carol Tink-Fox, Architect, spoke in support. and answered commission questions regarding square footage and the accessory units. Moved by Commissioner Hardy, seconded by Commissioner Rush to Approve. YES: 5 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Keith Carpenter, Ginelle HiqlodaLRedouroes Commission A —M 1MUNI Hardy NO: 1 — Edward Murashie ABSTAIN: 1 — Mark McLoughlin ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 5-1 —1 —2—Pass 7. Historic Exterior Modification Application No. 2021-05 - Pedro Gomez, Case Planner Project Location: 804 N. Baker Street (historically known as the Duhart House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Jeff Marquez Project Description: The applicant is requesting approval of Historic Exterior Modification Application No. 2021-05 to allow exterior modifications on a property that is listed as "Key" on the Santa Ana historic register. Modifications include a 406- square-foot addition to an existing 2,458-square-foot single-family residence to include rebuilding an existing front porch, new rear bedroom and pantry addition, rear porch cover, new windows, new paint, and rehabilitation of existing detached garage. Environmental Impact: There is no environmental impact associated with this action. Recommended Action: Adopt a resolution denying a Certificate of Appropriateness for Historic Exterior Modification Application No. 2021-05. Minutes: Commissioners Christy, Murashie, and Rush disclosed they visited the property. Recording Secretary reported written communication was received. Chair Christy opened the Public Hearing. Representative of the applicant, Thomas Morrissey, spoke in support. The following individuals spoke on the matter. • David Mayo spoke in support. There were no other speakers and the Public Hearing was closed. Commission expressed concern regarding modifications to the front porch. Moved by Commissioner Murashie, seconded by Commissioner Rush to Approve with the following added conditions: (1) The front porch shall remain in like for like condition and (2) CEQA findings shall be added to the Resolution . HiqlodaLRedouroes Commission A0_9M 1MUNI YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass BUSINESS CALENDAR — ADMINISTRATIVE MATTERS 8. Election of Officers Recommended Action: 1. Elect a Chairperson for the 2021-2022 term 2. Elect a Vice -Chairperson for the 2021-2022 term Moved by Commissioner Murashie, seconded by Commissioner Carpenter to Appoint Commissioner Rush as Chairperson. YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass Moved by Commissioner Rush, seconded by Commissioner Christy to Appoint Commissioner Murashie as Vice Chair. YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass 9. South Main Historic Art Walk Project Recommended Action: Appoint an adhoc committee Moved by Commissioner Christy, seconded by Commissioner Murashie to Appoint Commissioners Sarmiento, Hardy, and Carpenter to the adhoc committee. YES: 7 — Alberta Christy, Sandra Pena Sarmiento, Tim Rush, Edward Murashie, Keith Carpenter, Mark McLoughlin, Ginelle Hardy NO: 0 — ABSTAIN: 0 — ABSENT: 2 — Dwayne Shipp, Vince Frazier Status: 7-0-0-2— Pass STAFF COMMENTS • Update on the First American Project COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Historic Resources Commission is scheduled for September 2, 2021 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA. MEETING INFORMATION: If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: • Click on the link on top of this agenda OR • Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: • Download the free Zoom Cloud Meetings app from your favorite app store. • Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: • Dial (669) 900-9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment: If you are unable to attend this in -person meeting, you are invited to submit a written comment in one of the following ways: 1. Visit the City's Public Portal • Scroll down to the list of meetings and locate the meeting you are interested in. • Select the COMMENT icon to the right of "Meeting Title" (under the Options tab) and follow the prom 2. E-mail :IBAecomments@santa-ana.org and reference the topic in the subject line. HiqlodaLRedouroes Commission 1$_ 9R 1MUNI 3. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m, on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. APPEAL INFORMATION: The formal action by the Commission shall become effective after the ten-day appeal period. An appeal from the decision or requirement of the Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Commission or City Council at or before the hearing. Hlaft0aAellouroes Commission 1813--M) 1MUNI ORANGE COUNTY REPORTER — SINCE 1921 — 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Sarah Bernal CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 2405 N BONNIE BRAE I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 06/24/2022 Executed on:06/24/2022 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. re I IIII I IIII I IIII I III 1 IIIII I II II III 1111111 II I III IIIII I III " III !!!��I'��III II III IIII "IIII ql ni iI Jo This space for filing stamp only OR#: 3599250 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2405 North Bonnie Brae Project Applicant: Benjamin and Catherine Mayberry Project Description: The property owners, Benjamin and Catherine Mayberry, are applying for the property to be designated on the Santa Ana Register of Historical Properties, to categorize the property as Key, and for a Mills Act Contract with the City. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 202245 will be filed for this project. Meeting Details: This matter will be heard on Thursday, July 7, 2022, at 4:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conf. Room 1600, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments:lf you are unable to participate in this in -person meeting, you may send written comments by e-mail to P BAe C o m m e n t s@ s a n to -a n a .org (reference the Agenda Item # in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https:Hsanta- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez al (714) 667- 2260 . on 181-1141 Neu can lien lac bang tieng Viet, xin dien thoaj cho Tony Lai s6 (714) 565- 2627. 6/24/22 OR-3599250# 10OV812022 Email ' CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Proiect Location: 2405 North Bonnie Brae Project Applicant: Benjamin and Catherine Mayberry Project Description: The property owners, Benjamin and Catherine Mayberry, are applying for the property to be designated on the Santa Ana Register of Historical Properties, to categorize the property as Key, and for a Mills Act Contract with the City. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-45 will be filed for this project. Meeting Details: This matter will be heard on Thursday, July 7, 2022, at 4:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conf. Room 1600, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-particpation. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments(a-),santa-ana.org (reference the Agenda Item # in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomezCcD_santa-ana.org or 714-667-2790 Bittd@icdi�edources Commission 181—BE 109Y8/2022 �7 ' O. 4�' N `'I'� RY. rL'S { � L. .' k }i ��J Y iT•�]T } 4 2324 5 n. oa ` o �y + 231v1 a wxj n, Cv ih+ r l u7 _ G} �h+r C3 ;i; �� ,�,.{ Ej '-4 '. 9r -di *' ii `irld fa a v'� eT�` 41+t5��, - '� rats CEs3.r +' �+ 1 g .' 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Duane Paul Rohrbacher, Jr., a Single Man and Shannon Dominique Quihuiz, a Single woman as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 419 E. Wellington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 419 E. Wellington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 104 10/18/2022 Exhibit 3 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 18 — 105 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council _ 3 18 — 106 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 419 E. Wellington Avenue, Assessor Parcel Number, 398-028-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council _ 4 18 — 107 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Duane Rohrbacher and Shannon Quihuiz 419 E. Wellington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 108 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 6 18 — 109 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 ATTEST: CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: DUANE PAUL ROHRBACHER, JR Date: By: SHANNON DOMINIQUE QUIHUIZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: �4 � �� JOHN M. FUNK Chief Assistant City Attorney MINH THAI Executive Director Planning and Building Agency City Council 18 —110 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 5 OF TITCHENAL'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-028-11 City Council 8 18 —111 10/18/2022 Exhibit B NAME Titchenel-Catland House REF. NO. 138 ADDRESS 419 East Wellington Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR 1887 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication USGS 7.5" Quad ❑ Prehistoric Date: ® Historic ® Unrestricted T R ❑ Both 1/4 of 1/4 of Sec ARCHITECTURAL STYLE: 1887 Victorian Italianate/ 1925 remodel added Craftsman Bungalow elements Mov LL\HRC\categoryT tfty, c-oonCII 18 -112 10/18/2022 5-12-00 DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The architectural style terminology is adapted from the National Register Bulletin 16A. The Victorian Italianate style was one of the Late Victorian styles that flourished between 1860 —1890. The style emphasizes the vertical lines in volumes and elongated doors and windows. Wide overhanging eaves often with decorative brackets and hipped roofs, usually cap these buildings. Other significant features include balustrade balconies, corner quoins and rectangular windows with hood mouldings. The Craftsman Bungalow architectural style is an early 20th century American movement, developed by Charles and Henry Greene of Pasadena, California. The height of the movement is between 1900 and 1920's. The Craftsman Bungalow is characterized by the use of natural wood for exposed massive beams and rafters and exterior siding. Some of the most prominent features are: low pitched gabled roof with wide overhangs and projecting brackets; the emphasis on horizontal shapes informally arranged; the use of shingles as exterior finish; broad, gabled entry porches; no applied ornament; creek rock foundations and porches. Many house include Japanese and Swiss influences in their exterior detailing. CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Year Built: Add sleeping porch: Alterations: Alterations: Reroo£ 1887 January 18, 1919 September 1921-1925 August 1, 1951 February 29, 1988 RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Original garage, located at rear DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) The unusual architectural character of this 1887 Victorian house can be explained by the 1925(1921?) remodel that added Craftsman elements. At that time, the roof was raised, adding more rooms on the second floor and the porch was redesigned. The ell -shaped gabled roof, accented with single exposed beam ends, rafter tails, and louvered vents, features a prominent front bay on the east side. Casement windows with muntins in the top third are used throughout the second story. A railing of plain balusters, placed between square piers, borders the flat roof of the single -storied porch. Square wood posts, resting on paneled piers, support the 1925 front porch. From the Victorian era are the cut corners, tear drops, paired double hung windows with hood mouldings, and wide shiplap siding trimmed with corner boards. LL\HRC\categoryT t ity, cc oonCII 18 -113 10/18/2022 5-12-00 HISTORIC HIGHLIGHTS: Originally built by a Mr. Carden, the house was shortly after owned by the Titchenel's, a town constable. One of Santa Ana's most prominent pioneer families, the Titchenels came to the new village on November 9, 1869, one month after William Spurgeon bought the property that was to become Santa Ana. The Titchenels bought two lots. Tradition says that he built the town's first house, on Fourth and Main Streets. This was the second house, built in 1887. Originally, the property covered the whole block from Wellington to Washington and French to Lacy Streets. The block was later subdivided and is known as the Titchenel addition. From 1881 to 1886 he also built and operated the Titchenel Block in downtown Santa Ana. Serving as an early peace officer, he also was a farmer, a builder, and a teamster. Osgood and Aurelia Catland, along with their daughter Irene, a teacher in nearby Tustin, moved into this house in 1906, purchasing it four years later. In 1910, Osgood is listed as an engineer. The Catland family lived in the house until the 1980's. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation) (HP 2) Single Family Property RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site Date: ❑ District ❑ Element of District ❑ Other Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) This example of residential architecture during the City of Santa Ana's early formation years is located in French Park Historic District. This two story farm house was built during the early years of the development of French Park, a residential district advertised as the "Nob Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys and civil servants from 1880 to the early 1940's. This house is in excellent condition, and on its original site. SUMMARY/CONCLUSION: This building is characteristic of a significant period in the history of the City of Santa Ana. The house was built during the early formation and development of the City and French Park. While this building is associated with a significant person in the City, the Titchenel family, the subsequent owner extensively modified the house and it no longer reflects the architecture that existed when the Titchenel family lived here. OWNER AND ADDRESS: Bruce C., Viola and Wayne L. Small 1115 N. French Street Santa Ana, CA 92701 LL\HRC\categoryT t ity, cc ooncll 18 -114 10/18/2022 5-12-00 RECORDED BY: (Name, affiliation, and address) Lucv Linnaus City of Santa Ana, Planning Division 20 Civic Center Plaza M-20. Santa Ana. CA 92702 DATE RECORDED: May 4, 2000 SURVEY TYPE: (Intensive, reconnaissance, or other) Reconnaissance REPORT CITATION: REFERENCES: (Cite survey report and other sources) National Register of Historic Places Application for French Park Historic District Santa Ana Historic Form (List documents, date of publication, and page numbers. May also include oral interviews.) City of Santa Ana Building Division Records Recorders Office EVALUATOR: EXPLANATION OF CODES: DATE OF EVALUATION: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. LL\HRC\categoryT tfty, cGooncll 18 —115 10/18/2022 5-12-00 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 —116 10/18/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 —117 10/18/2022 Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HPPA No. 2022-5 — Titchenel-Catland House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Duane Rohrbacher and Shannon Quihuiz for the property located at 419 E. Wellington Avenue, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Duane Rohrbacher and Shannon Quihuiz are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 419 E. Wellington Avenue, in the French Park neighborhood, that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Titchenel-Catland House, consists of an existing two- story residence originally designed in a Victorian Italianate. The property was remodeled to add Craftsman Bungalow elements in the early to mid-1920s. The residence is approximately 2,146 square feet in size on a 12,600-square-foot residential lot (Exhibit 2). The Titchenel-Catland House was added to the Santa Ana Register of Historical Properties ("Register") in 1997 and categorized as "Key." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state Bits c@icdi�edources Commission 1 &-1118 109Y8/2022 HPPA No. 2022-5 — Titchenel-Catland House September 8, 2022 Page 2 of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 1997, the City Council of Santa Ana by placed the property on the Santa Ana Register of Historic Properties ("Register"). In 2000, the Historic Resources Commission categorized the Titchenel-Catland House within the "Key" category for having a distinctive architectural style and quality in the unusual stylistic blending of the Victorian and Craftsman Bungalow styles. In addition, the Titchenel-Catland House was deemed characteristic of a significant period in the history of Santa Ana, as it was the home to the Tichenel Family, one of Santa Ana's most prominent pioneer families. They occupied the house on the property that covered the whole block and later sold it to William Spurgeon for subdivision. Character -defining exterior features of the Titchenel-Catland House include, but may not be limited to, the Victorian elements (elongated windows and doors, prominent bay window, wide shiplap siding trimmed with corner boards), the gable roof, single exposed beam -ends, rater tails, and louvered vents, representative of the Craftsman Bungalow style. Since its listing on the Register in 1997 to 2020, the property had minimal improvements. More recently, the property owner has improved the site with irrigation, front yard fencing, and replacement of exterior of door on rear. These improvements were noted as part of the site visit to the property. In addition to these improvements, the property owner has expressed a desire to improve the site with additional landscaping, an accessory arbor, and restoration of the front porch. These additional changes, as well as other site improvements, will be included as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement. Moreover, these improvements will be subject to review and approval by staff, and would be subject to compliance with the City's Neighborhood Review process, Historic Exterior Modification Application (if applicable), and the Secretary of the Interior's Standards ("Standards") for rehabilitation. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions Bibtd cLRedources Commission 1 &-1Z 9 10902022 HPPA No. 2022-5 — Titchenel-Catland House September 8, 2022 Page 3 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-84 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $196.85 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 419 E. Wellington Avenue 4 - March 1, 2007 HRC Meeting Staff Report, Historic Summary, and Resolution of Approval 5 - March 1, 2007 HRC Meeting Action Minutes Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@icdi�edources Commission 1 &-1120 109Y8/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Duane Paul Rohrbacher, Jr., a Single Man and Shannon Dominique Quihuiz, a Single woman as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 419 E. Wellington Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 419 E. Wellington Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bibtd@iedi�edources Commission 1 &—A21 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. BibtdTiedi�edources Commission _ 2 18b-1322 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bihtd@iedi�edources Commission _ 3 1 &-1323 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 419 E. Wellington Avenue, Assessor Parcel Number, 398-028-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying OibtdTiedi�edources Commission _ 4 18b-1724 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Duane Rohrbacher and Shannon Quihuiz 419 E. Wellington Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 1&-125 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 18;-126 109Y8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 ATTEST: CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: DUANE PAUL ROHRBACHER, JR Date: By: SHANNON DOMINIQUE QUIHUIZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MINH THAI Executive Director Planning and Building Agency Bihtd@iedi�edources Commission 7 _ 18;-1107 109V8/2022 MILLS ACT AGREEMENT 419 E. Wellington Avenue Santa Ana, CA 92703 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 5 OF TITCHENAL'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-028-11 Bittc@iedi�edources Commission 8 18;-1128 109Y8/2022 NAME Titchenel-Catland House REF. NO. 138 ADDRESS 419 East Wellington Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR 1887 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication USGS 7.5" Quad ❑ Prehistoric Date: ® Historic ® Unrestricted T R ❑ Both 1/4 of 1/4 of Sec ARCHITECTURAL STYLE: 1887 Victorian Italianate/ 1925 remodel added Craftsman Bungalow elements Mov LL\HRC\category1Btitefedources Commission 18;-1129 10OV812022 5-12-00 DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The architectural style terminology is adapted from the National Register Bulletin 16A. The Victorian Italianate style was one of the Late Victorian styles that flourished between 1860 —1890. The style emphasizes the vertical lines in volumes and elongated doors and windows. Wide overhanging eaves often with decorative brackets and hipped roofs, usually cap these buildings. Other significant features include balustrade balconies, corner quoins and rectangular windows with hood mouldings. The Craftsman Bungalow architectural style is an early 20th century American movement, developed by Charles and Henry Greene of Pasadena, California. The height of the movement is between 1900 and 1920's. The Craftsman Bungalow is characterized by the use of natural wood for exposed massive beams and rafters and exterior siding. Some of the most prominent features are: low pitched gabled roof with wide overhangs and projecting brackets; the emphasis on horizontal shapes informally arranged; the use of shingles as exterior finish; broad, gabled entry porches; no applied ornament; creek rock foundations and porches. Many house include Japanese and Swiss influences in their exterior detailing. CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Year Built: Add sleeping porch: Alterations: Alterations: Reroof: 1887 January 18, 1919 September 1921-1925 August 1, 1951 February 29, 1988 RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Original garage, located at rear DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) The unusual architectural character of this 1887 Victorian house can be explained by the 1925(1921?) remodel that added Craftsman elements. At that time, the roof was raised, adding more rooms on the second floor and the porch was redesigned. The ell -shaped gabled roof, accented with single exposed beam ends, rafter tails, and louvered vents, features a prominent front bay on the east side. Casement windows with muntins in the top third are used throughout the second story. A railing of plain balusters, placed between square piers, borders the flat roof of the single -storied porch. Square wood posts, resting on paneled piers, support the 1925 front porch. From the Victorian era are the cut corners, tear drops, paired double hung windows with hood mouldings, and wide shiplap siding trimmed with corner boards. LL\HRC\categoryTEMIt mMedources Commission 18;-1130 10OV812022 5-12-00 HISTORIC HIGHLIGHTS: Originally built by a Mr. Carden, the house was shortly after owned by the Titchenel's, a town constable. One of Santa Ana's most prominent pioneer families, the Titchenels came to the new village on November 9, 1869, one month after William Spurgeon bought the property that was to become Santa Ana. The Titchenels bought two lots. Tradition says that he built the town's first house, on Fourth and Main Streets. This was the second house, built in 1887. Originally, the property covered the whole block from Wellington to Washington and French to Lacy Streets. The block was later subdivided and is known as the Titchenel addition. From 1881 to 1886 he also built and operated the Titchenel Block in downtown Santa Ana. Serving as an early peace officer, he also was a farmer, a builder, and a teamster. Osgood and Aurelia Catland, along with their daughter Irene, a teacher in nearby Tustin, moved into this house in 1906, purchasing it four years later. In 1910, Osgood is listed as an engineer. The Catland family lived in the house until the 1980's. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation) (HP 2) Single Family Property RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site Date: ❑ District ❑ Element of District ❑ Other Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) This example of residential architecture during the City of Santa Ana's early formation years is located in French Park Historic District. This two story farm house was built during the early years of the development of French Park, a residential district advertised as the "Nob Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys and civil servants from 1880 to the early 1940's. This house is in excellent condition, and on its original site. SUMMARY/CONCLUSION: This building is characteristic of a significant period in the history of the City of Santa Ana. The house was built during the early formation and development of the City and French Park. While this building is associated with a significant person in the City, the Titchenel family, the subsequent owner extensively modified the house and it no longer reflects the architecture that existed when the Titchenel family lived here. OWNER AND ADDRESS: Bruce C., Viola and Wayne L. Small 1115 N. French Street Santa Ana, CA 92701 LL\HRC\categoryTEMIt mMedources Commission 18;-11311 10OV812022 5-12-00 RECORDED BY: (Name, affiliation, and address) Lucv Linnaus City of Santa Ana, Planning Division 20 Civic Center Plaza M-20. Santa Ana. CA 92702 DATE RECORDED: May 4, 2000 SURVEY TYPE: (Intensive, reconnaissance, or other) Reconnaissance REPORT CITATION: REFERENCES: (Cite survey report and other sources) National Register of Historic Places Application for French Park Historic District Santa Ana Historic Form (List documents, date of publication, and page numbers. May also include oral interviews.) City of Santa Ana Building Division Records Recorders Office EVALUATOR: EXPLANATION OF CODES: DATE OF EVALUATION: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. LL\HRC\category1Ej%jk& feAources Commission 18;-1132 10OV812022 5-12-00 MILLS ACT AGREEMENT 1015 W. Camile Street Santa Ana, CA 92703 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 18;—IM 10OV812022 MILLS ACT AGREEMENT 1015 W. Camile Street Santa Ana, CA 92703 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 18;-11,74 109Y8/2022 aRl.. — F I ' I�1 -Cs n r7 f L ¢ �.S1iiS'1:'I 'f1'1 {+, • r _ ... E Vv;l Wiflt Lf5f7 Avp 122d 1229 1221' } 121a p 1218. ''1' 121d .- ~a.9924 1119 - . 1.2 . W E Iliil on ve w.F161 c 4 r7 1',=5 11C" f 1 c n R [rfF pp ' � Fe1111 916 ark HPPA 2022-5 419 E. WELLINGTON AVENUE TITCHENEL-CATLAND HOUSE PLANNING AND BUILDING AGENCY Bittc@iedi�eilources Commission 18;-1135 109Y8/2022 `•F '��'-�.iF MAYOR Miguel A. Pulido MAYOR PRO TEM Thomas E. Lutz COUNCIL MEMBERS Lisa Bist Alberta D. Christy Brett Franklin Patricia A. McGuigan Ted R Moreno May 19, 2000 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 Fax (714) 973-1461 Mr. Bruce C. Small and Mr. Wayne L. Small 1115 French Street Santa Ana, CA 92701--3742 j CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy RE: CATEGORIZATION OF HISTORIC STRUCTURE LOCATED AT 419 EAST WELLINGTON AVENUE (HISTORIC CATEGORIZATION NO. 00-01) Dear Mr. Bruce Small & Mr. Wayne Small: This letter is to inform you that on May 4, 2000, the Historic Resources Commission adopted a resolution categorizing the historic structure located at 419 East Wellington Avenue as a Key structure on the Santa Ana Register of Historic Properties by a vote of 7:0 (Brenes and Berry absent). The action taken by the Historic Resources Commission to categorize your historic property as Key, is final and does not require any City Council review. However, if you wish to appeal the decision of the Historic Resources Commission, you may do so by contacting the Case Planner no later than Monday, May 29, 2000 at 5:00 p.m. I have enclosed a. copy of the approved staff report and the adopted resolution for your records. if you have any additional questions, please contact Lucy Linnaus, Case Planner at (714) 667--2745. Sincerely, IXPA) Sharon McCain Johnson Commissions Secretary SMJ:1NLRedources Commission 18;—�17 1019Y8/2022 smj\case-1 r 050400 CS. CM2 REQUEST FOR Historic Resouroes Commission Action �aucat�on �Sr F1STORIC RESOURCES COMMISSION MEETING DATE: SEPTEMBER 7, 2000 TITLE: PUBLIC HEARING - HISTORIC REGISTER NO. 00-01 TO AMEND THE SANTA ANA REGISTER OF HISTORICAL PROPERTY Prepared by Marta Crane Executive Director RECOMMENDED ACTION HISTORIC RESOURCES COMMISSION SECRETARY APPROVE? As Recommended Cl As Amended CI Set Public Hearing For CONTINUED TO Planning Manager Adopt a resolution amending various discrepancies to the Santa Ana Register of Historical Property. DISCUSSION At the August 3, 2000 meeting, staff presented to the Historic Resources Commission an updated Geographic Information System (GIS) map depicting the location of each historic property listed in the City's Register. To prepare this map, staff conducted a comprehensive review of the Register properties and through field analysis, verified the location of each historic structure in the City. In the course of this review, staff discovered a number of discrepancies in the Register, which are due primarily to duplicate entries, incorrect property names or addresses, and typographical errors. Exceptions to these are updates that need to be made to reflect the demolition of historic 'structures on the site of the new Federal Courthouse on Fourth ,Street and the St. Joseph's Ballet project site on North Main Street. Staff is proposing a number of revisions to the existing Register to create a Historic Register that accurately reflects the information contained in the Geographic Information System map database and SAPIN database. The update proposed by staff will eliminate duplicate entries to the Register and correct the database as of June of 2000. The total number of historical properties listed on the Register after the adjustments is 216 (Exhibit 1). Based on the analysis conducted, staff recommends that the Historic Resources Commission adopt a resolution modifying the Santa Ana Register of Historical Property. Bit�c@iedi�edources Commission 18;-08 109Y8/2022 , 9 Historic Register No. 00--01 September 7, 2000 Page 2 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed request is not considered a project. -No further action is required. Marta B. Crane AIA, AICP Associate Planner MBC:JM me/staff reports/hr 00-1.hrc Bittd@icLftdources Commission 1 a;_ M 109Y8/2022 CITY OF SANTA ANA REGISTER OF HISTORIC PROPERTIES I Old Orange Coun Courthouse 21 1390 West Santa Ana Boulevar Address correction 2 Dr. Howe -Waffle House 120 West Civic Center Drive Wit5 Address correction 3 Grand Central Markel 200 2-96-214 West Second Stree Address correction 4 Southern Counties Gas Com an 207 West Second Stree 5 Masonic Tem 1 501-505 North S camore Stree 6 Y.M.C,A, 203-205 West Civic Center Driv Address correction 7 Fox West Coast Theater 308 North Main Stree 8 Demolished for St. Joseph's Ballet RFPCA6/8/98 9 United Automotive Buildin 1004-F9 South Main Stree Address correction t0 Santora Buildin 201-211 North Broadwa 11 Phillips Block 301-309 West Fourth Stree 12 Herbert Miller Buildin 211 North Bush Stree 13 Barrows Const, Co. Buildin 206-208 North Spurgeon Stree 14 United Presbyterian Churc 1 13.115 East Santa Ana Boulevar Address correction 15 Cypress Fire Statior 625 South Cypress Avenu PAP a Removed by resolution 97-46A-1 1/3/97 17 Frederick Eley Hous 206 West Eighteenth Stree 18 Collins House 620 South Orange Avenu 19 Z. B. West House 1210 North Ross Stree 20 Spurgeon Buildin 206.212 West Fourth Stree Address correction 21 Old City Hall 213-217 North Main Stree Address correction 22 Cla comb House 1 106 North Spurgeon Stree 23 Harding House 210 West Twentieth Stree 24 Fire Station Headquarters No. I 13221424-North Sycamore Stree Address corrections 25 Granville Spurgeon Houst 1401 North Durant Stree 26 Thomas House 621 49 -North Spurgeon Stree Address correction 27 Winslow -Lawrence Hous 712 North Bush Stree 28 Miles Crookshank Houst 802 North French Stree 29 Powelson House 501 East Fifth Stree 30 Hotel Finle 400 44-0 East Fourth Stree Address correction 31 Andres House 171E North Bush Stree 32 Wagner House 1714 North Bush Stree 33 Hoefer House 1717 North Bush Stree 34 Drips House 172E North Bush Stree 35 Remsberg House 1727 North Bush Stree 36 Koe sel House 1801 North Bush Stree 37 Shriver House 1820 North Bush Stree 38 Horton House 324 East Pine Stree 39 Dr, Welirly House 819 North S urgeon Stree 40 Killey House , 1410 North Bush Stree 41 Fitton House 1602 North Bush Stree 42 Ebel] Club 625 North French Stree 43 G. W. Ross House 1502 North Flower Stree 44 D. E. Ross House 1516 North Flower Strce 45 Wilson House 1522 North Flower Stree 46 Walter-Glines House 519 East Washington Avenue ddress correction 47 Pomeroy House 718 South Broadwa3 Address correction 48 Hewitt House 930 South Broadwa 49 Duhart House 804 North Baker Stree 50 Ford House/Pepito/Joanne Studi6 1502 North Ross Stree 4 Fi qa_0-N"j4A,4Pj Stfee Removed by resolution # 97-46A 1 1/3/97 52 McNeilt-Basler H ousc 1 103 North Broadway 53 Twist -Basler House 1015 North Broadwa 54 ❑r. Raymond Smith House 1315 North Broadwa 55 Armstrong House 1008 North Broadwa 56 Clark House 1611 North Broadwa 57 New Washington Apartment., 1301-1307 North Broadwa 58 La Casa del Rey Apartment 1302 North Broadwa 59 El Patio Real A a tment 1228 North Broadwa 60 Lockett -Cleland House 1010 North Broadwa 61 Weissman -Flagg House 1320 North Broadwa 62 Magnolia ApanmenLq 1408 North Broadwa 63 Santa Ana -Tustin Y.W.C,A 1411 North Broadwa 64 La Hacienda Apartmen 1420 North Broadwa 65 Smiley House 1527 North Broadwa 66 Head Apartments 1603 North Broadwa 67 C3lby U14ULMel3UUrUeS UUMIT11SSIUII 1 0;— E40J 1 UIJYO/LULL EXHIBIT 01 68 Koenig House, 1109 North Broadwa 69 Walter Moore Hous 1205 North Broadwa 70 De Sato -Sycamore Apartment 1524.1530 N. S eamore S 71 Las Casitas COLIH 2035 North Broadwa 72 Patricia Apartment 2201-2205 I/2 -22-4 N, Broadwa Address correction 73 Mosbaugh-Loerch Hous 1002 North Broadwa 74 So. California Auto Club Building 719 North Main Stree 75 Dr. C. D. Ball House 1919 North Broadwa 76 Tedford House 2003 North Broadwa Address correction 77 Waters House 2002 North Broadwa 78 Farrar House 2009 North Broadwa 79 Heil House 2015 North Broadwa 80 Weissman -Lyon Hous 2025 North Broadwa 81 Safley House 1541 East Fourth Stree 82 Trythall Houst 119 West Buffalo Avenu 83 Woodward House 107 West Buffalo Avenu 84 Silvcy Hous 207 West Buffalo Avenu 85 Buffum's Department Stort 909 North Main Stree Address correction 86 Shelton-Garnse Houst 1108-1 108 12 West Fifth Strec Address correction 87 Busy Bee Market 1002 West Third Stree 88 McKcrn House 1016 North Logan Stree 89 Eckman House 1023 Nortli Custer Siree 90 Perry House 903 East Stafford Stree 91 Franke House 904 East Stafford Stree 92 Anderson House 914 E. Stafford St - 926 N Loga 93 Cummings House 912 East Stafford Stree 94 Marlin House 1035 West Third Stree 95 Dessery House 1078 West Second Stree 96 Heninger House 602 South Birch Stree 97 Sturgeon House 430 South Birch Stree 98 Wilson House 530 South Birch Stree 99 Franklin Elementary Sehoo 210 West Cubbon Stree 100 Greenville Church 3501 South Greenville Stree Address correction 101 Yale Apartment 1007-1009 North Broadwa 102 Macintosh Apartment I I IS-1117 North Broadwa 103 William Young House 1206 Norih Broadway" 104 Kelley House 1211 North Broadwa 105 Seventh Day Adventist Churcli 1314 North Broadway Address correction 106 Segerstrom House 1501 North Broadwa 107 Hanks/Fuller House 1402 North Bush Street Name correction (duplicatc with ff 131) 108 Tubbs House 1406 North Bush Stree 109 Pickering Hous 1502 North Bush Stree 44-0 E-Pisir4pa4-R'rfss+ ac Removed by resolution 97-46A 11/3/97 1 i 1 Liggitt-Hayes Housc 1516 North Bush Stree 112 Oscar Smith House 1033 North Custer Stree 113 _ Warner House 2022A6 West Eighteenth Streel Address correction 114 Nunn House 1414 East Fairhaven Avenu 115 2nd Seventh Day Adventist Churob 202443--7 West Fifteenth Stree Address correction 116 Hasenyacger Hous 2139 North Grand Avenu 117 Washington Cleaner 1107 North Main Stree I l8 Gibson House 1411 North Main Stree 119 Eden -Jacobs House 1415. North Main Stree 120 Nelson House 1417 North Main Stree 121 Galloway Hous 1421 North Main Stree 122 McFarlane House 2115 North Main Stree 123 Trythall Hous 2212 North Main Stree Address correction 124 Mandersheid Housc 2514 West Warner Avenu 125 Deluxe Apartment,, 315 West Tenth Strec _ 126 United Brethren Churcl 1 101 West `third Stree _ 127 Alexander Homc 1 116 North French Stree 128 American Legion Hal 313 North Birch Stree 129 Bailey Home 311 Gast Washington Avenue Sir Address correction 130 Ball House 11 19 North Bush Stree 14 Bagk-1=1eus€ 4-41p Du licale entry (sec # 107) 132 Beatty Home 910 North French Stree 133 Roth House 4.g 922 North Lacy Stree Nnme correction 134 Bishop Home 1108 North French Stree 135 Bowers Museum 2002 North Main Stree 136 Builders Exchange Buildin 200 North Main Stree Address correction 137 L California First Bank Buildino 501 North Main Stree 8ittG t dii�edources Commission 18;—'241 109V8/2022 208 Sprague Home 1224 North French Stree 209 St. Joseph Roman Catholic Churc 729-727 North Minter Stree Address correction 210 Sam Stein Storel 305 West Fourth Stree 211 Thee Home 1216 North French Stree 212 Tubbs Home 1207 North Spurgeon Stree 213 Van Wyk Home 1109 North French Stree 214 Vandermasts 12-0-122 West Fourth Stree Address correction 215 Wailes Saloon and Billiard Hal 220 West Fourth Stree 216 Wallace House 2422 North Fairmont Avenu Address correction 217 Wanzlaff Home 904 North Garfield Stree Address correction 218 West End Theatre 324322-326 West Fourth Stree Address correction 219 WhitneX Home 506 East Washington StrW Avenu Address correction 220 Whitson Home 301 East Eighth Stree 221 Williams House 1502 North Main Stree 222 Wood House 714 North Spurgeon Stree 223 Wright House 831-835 North Minter Stree 224 Yost Apartment 502-512 East Wellington StFe-4 Avenu Address correction 225 Young Home 815 North French Stree 226 Zerman Building 201 West First Strec 227 Central Auto Body Work 115 North Sycamore Stree 228 Haven House 822 South Van Ness Stree Properties 1-122 have been ranked by importance by the Historic Resource Committee 1996. Properties 1-219 were renumbered by resolution of the City Council (4976-46a) in November of 1997. Notes in red are updates and corrections proposed for the 1997 Register. Mj�ExRgI\hi5tprjr\RcSistcT 8-00 Exhibit Net count-2 aa9/0-0 Bittc@iedi�edources Commission 18;— 242 109V8/2022 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 8103 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF SANTA ANA, HISTORIC RESOURCES COMMISSION AND WHEN RECORDED MAIL TO: LAURAJOHNSON CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M20 P.O. BOX 1988 SANTA ANA, CA 92702 TITLE OF DOCUMENT: Recorded in Off - Torn Daly, Cl_ a! Rec er k Rrds County ecordp of Prange II11111111I1�1II1111111111111111111111 5 s, R2$ 00300004lIII!l11111111lI11l111l1111111No 115 97 8 a 00 4930 09:52am p il1 EE? 0.00 0.00 0.00 0.00 0J This Space for Recorder's Use On RESOLUTION NO. 2000-07 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTY LOCATED AT 419 EAST WELLINGTON STREET WITHIN AN ESTABLISHED CATEGORY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 0599-TITLE PAGE (RT95) Bib)d bLRedources Commission 1&-20 10OV812022 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 Kdo 12/23/02 RESOLUTION NO. 2000-07 A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA PLACING THE PROPERTY LOCATED AT 419 EAST WELLINGTON STREET WITHIN AN ESTABLISHED CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 3, 1997, the City Council of the City of Santa Ana by Resolution number 97-046A placed the following historic properties on the Santa Ana Register of Historic Properties: Historic Name Address Catland Home 419 East Wellington Street, Santa Ana B. The Catland Home, located at 419 East Wellington Street, Santa Ana has a distinctive architectural style and quality in the unusual stylistic blending of the Victorian and Craftsman Bungalow styles. 1. The Victorian elements include the elongated windows and doors, a prominent bay .on the east side, teas drops, and a wide shiplap siding trimmed with corner boards. The gable roof, single exposed beam ends, rafter tails, and louvered.vents represent the Craftsman Bungalow style. 2. The structure is also characteristic of a significant period in the history of Santa Ana as is was the home to the Titchenel family, one of Santa Ana's most prominent pioneer families. The occupied the house on a property that covered the whole block and later sold it to William Spurgeon for subdivision and became what is now known at the Titchenel addition. 3. The legal owner of the subject property is Wayne L. Small. 4. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Bittd@icdi�edources Commission 18;-22144 109V8/2022 Resolution No. 2000-07 Page 1 of 3 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 Section 2: The subject property meets the minimal standards and is hereby placed in the key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 3: For the subject property, a report entitled "Historical Property Description," is on file in the office of the Clerk of the Council, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement of the historic property in the key category. The Clerk of the Council is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Property. Section 4. The Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Section 5. This Resolution shall take effect immediately upon its adoption by the Historic Resources Commission, and the Commission Secretary shall attest to .and certify the vote adopting this Resolution. ADOPTED this 41h day of May, 2000 by the following vote: AYES: Commission members: Bustamante, Chinn, Corpin, Cribb, Gartner, Giles, Kings (7) NOES: Commission members: None (0) ABSTENTION: Commission members: None (0) NOT PRESENT: Commission members: Berry, Brenes (2) ATTEST: a a Joh s Commi n Secretary Planning and Building Agency APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kyle.Odette Dep y City Attorney arc' �hairpersan Kings Bittd@icdi�edources Commission Roo ;olutior, No. 2000-07 Page 2of3 100V812022 n EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-07 to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 4, 2000. Date: Co Miss!. cretary City of a Ana Bittc@iedi�edources Commission 18;— 21Q6 10DY8/2022 Resolution No. 2000-07 Page 3 of 3 e A � � O � H ° ® a � Q Q z 4 N a U h�l � O Ll rces Commission 18;—%7 109V8/2022 CALLED TO ORDER ACTION MINUTES OF THE CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION CITY HALL COUNCL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA SEPTEMBER 7, 2000 City Hall Council Chambers, 4:35 p.m. 22 Civic Center Plaza Santa Ana, California ATTENDANCE: Rose Anne Garcia Kings, Chair Louis Brenes, Vice _Chairman Archibald Berry, Pro Tern Rita Corpin Don Cribb James Gartner Paul Giles Philip Chinn Carlos Bustamante STAFF PRESENT: Kenneth Adams, Acting Executive Director . Cristine Shaw, Deputy City Attorney .Joseph Edwards, Principal Planner Maya DeRosa, Senior Planner Sharon McCain Johnson, Commission Secretary CONSENT CALENDAR 1. Approval of the Minutes from the regular meeting August 3, 2000. RECOMMENDATION: Approve the minutes of the regular meeting of August 3, 2000. 2. Reconsideration of actions taken at previous meeting. * * * Consent Calendar Items * * * Bittc@iRedources Commission 118;-1348 106V8/2022 Motion to approve Consent Calendar. MOTION: Giles SECOND: Cribb AYES: Kings, Brenes, Berry, Corpin, Cribb, Giles, and Chinn NOES: None ABSENT: None ABSTENTIONS: Gartner and Bustamante STUDY SESSION B. Update concerning the Orange County High School of Performing Arts, Mr. Charles View, Downtown Development, provided an update on the Orange County School of Performing Arts. He emphasized to the Commission that the school was not exempt from being placed on the Register of Historical Properties; however, the Commission's authority was limited due to the school being exempt from many of the local laws and regulations. Several Commissioners emphasized that they would like the structure placed on the Santa Ana Register of Historical Properties and were interested in placing a plaque at the facility. Madam Chair Kings requested that staff place an action item on the next Historic Resources Commission agenda to place the structure on the Santa Ana Register of Historical Properties; and requested an update on the Memphis restaurant. Mr. View informed the Commission that the restaurant was undergoing the permit process. C. Update from Historic Designation Marker Committee. Commissioner Kings apprised the Commission that she, Commissioner Cribb, Maya DeRosa, and Hally Cappiello recently met and discussed alternatives for the plaques for the historical structures; she distributed a paper replica of some of the .preliminary plaque designs discussed by the committee; and indicated that they would be obtaining samples and textures from vendors and discussing a logo to use on the plaques in the future. Several Commissioners commented that they believed the larger size print on the plaques were easier to read; commented that the logo could be the City seal; and that the historic designation number on the plaque would be helpful. Bitoc@ iRedources Commission 218;—'BE 109Y8/2022 D. Discussion of Cultural Icon Objective. Ms. Hally Cappiello, Assistant Planner II, provided an overview of the definition of a cultural icon. Several Commissioners discussed with staff that the intent of the cultural icon objective was to recognize famous and/or unique individuals or events that contribute to the cultural history of the community and City but may not meet the age or architectural criteria for being placed on the Santa Ana Register of Historical Properties. Commissioner Kings commented that the cultural icons should be another list separate from the Register so that the Register review requirements could be reduced; and requested that staff investigate the proper avenue to designate that authority to the Historic Resources Commission or propose a more appropriate body to sponsor such a list. After further discussions, Mr. Joseph Edwards, Principal Planner, informed the Commission that they would verify the measures to inform the appropriate body of the Commissions' objective to create a cultural icon list. Public Hearings 1. PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE ORDINANCE AMENDMENT NO. 00-02 Filed by the City of Santa Ana to amend various sections of Chapter 30 of the Santa Ana Municipal Code pertaining to historic properties citywide. LEGALLY NOTICED: August 11, 2000 PUBLICLY. NOTICED: August 28, 2000 RECOMMENDATION: r 1. Recommend that the City Council approve and adopt the Negative Declaration for Environmental Review No. 00-128. 2. Recommend that the City Council adopt are ordinance approving Places of Historical and Architectural Significance Ordinance Amendment No. 00-02. Ms. Hally Cappiello, Assistant Planner II, presented the staff report and recommendation. Madam Chair Kings opened the public hearing at 5:40 p.m. There were no public comments. W 9 Motion to recommend that the City Council 1) approve and adopt the Negative Declaration for Environmental Review No. 00-128; and 2) adopt an ordinance approving Places of Historical and Architectural Significance Ordinance Amendment No. 00-02 with the modification to Section 30-1.5, to include significant era, under the definition of Restoration. MOTION: Cribb AYES: NOES: ABSENT: ABSTENTIONS: SECOND: Berry Kings, Brenes, Berry, Corpin, Cribb, Gartner, Giles, Chinn, Bustamante None None None HISTORIC REGISTER NO. 00-01 Filed by the City of Santa Ana to correct specific historic property structure names and addresses listed on the Santa Ana Register of Historic Properties. LEGALLY NOTICED: August 27, 2000 PUBLICLY NOTICED: August 28, 2000 RECOMMENDATION: Adopt a resolution approving the amendments of the various discrepancies to the Santa Ana Register of Historic Properties. Ms. Marta Crane, Associate Planner, presented the staff report and provided an overview of the proposed modifications to the Santa Ana Register of Historical Properties. Madam Chair Kings opened the public hearing at 5:51 p.m. There were no public comments. Madam Chair Kings closed the public hearing at 5:52 p.m,. Commissioner Giles commented that he believed it was important to provide more information and an educational outreach to the public regarding historical property in the City and the benefits of structures being placed on the Register. In add.i.tion,-.-h.e_. noted that properties that the Commission recently placed on the RegisterCwere not included on the new modified Register such as 320 East Ninth Street and 312 East Ninth Street. 8ibtdftdi�edources Commission 0 100V8/2022 Commissioner Chinn noted that there were two Smiley House entries on .the Register and requested that staff verify and include a middle initial to distinguish between the two structures. Commissioner Kings asked if staff intended to verify the building names on the register and noted some entries were incorrect; and commented that it would be helpful if the list sorted properties by street addresses on the Register and noted that the historic map legend had the structures listed by streets. Ms. Marta Crane indicated that staff would continue to research and correct the structure names on the Register. Motion to adopt a resolution approving the amendment of the various discrepancies to the Santa Ana Register of Historical Properties. MOTION: Cribb SECOND: Berry AYES: Kings, Brenes, Berry, Corpin, Cribb, Gartner, Giles, Chinn, Bustamante NOES: None ABSENT: None ABSTENTIONS: None Comments 2. Oral Communications - Comments from the public. (For matters not listed on the Agenda) Mr. Ben Grapillo, property owner, commented that when he and others first learned of the list they had some concerns regarding impacts to their property, however, most owners are favorable to the list. Commissioner Kings informed Mr. Grapillo that. one of the Commission's objectives was to familiarize the public more of the benefits of structures being placed on the Register. 3. Comments from the Acting Executive Director. Mr. Kenneth Adams, apprised the Commission that Councilman Franklin had requested a progress report on the Historic Resources Commission and staff would be preparing the report in the near future. 1 4. Comments from staff. Mr. Joseph Edwards, Principal Planner commented that: ® due to the conference in October, staff would be requesting adjournment to 8ibtd di�erces Commission 18;-252 109Y8/2022 6. + staff would be conducting interviews for consultants and was anticipating taking a recommendation to City Council in November. Comments from the City Attorney. Ms. Cristine Shaw. Deputy City Attorney, clarified that a maker and a seconder of a motion could vote against a motion. However, the maker of the motion could not speak against the motion and the seconding of a motion was to allow discussion on the item. In addition, she informed the Commission that all absences were unexcused unless the Commission took an action to excuse the absences; that no motions were needed if the absences were not going to be excused. 6. Comments from the Historic Resources Commission. Commissioner Chinn • commented that it was a great meeting. ® informed the Commission that the State would be commencing a new stamp and that there would be a celebration on Monday at noon. Commissioner Cor in • asked who would be deciding the wording for the plaques. Madam Chair Kings indicated that the Committee would be bringing a proposal to the Commission. Commissioner Gartner • commented that he had reviewed the minutes and was distressed that he had received an unexcused absence when he had informed the Commission Secretary that he would be absent from the meeting ahead of time; he further expressed that he believed being on the Commission was an honorable position, however he was a business owner and conflicts did arise at times; and that he would assume that the commission was trying to make a statement to the fellow Commissioners regarding the importance of attendance. Commissioner Brenes • commented that he agreed with Commissioner Gartner and that setting a policy would help define excused absences. • commented that he had a great time in Costa Rico and was conducting business with clients. Bibtc&uRedources Commission 6 18;—M 109Y8/2022 • complimented the Commission o hoped the Commission would maintaining historical buildings. Commissioner Berry n their work efforts and expressed that he continue to focus on improvements and • commented that he had attended a family reunion during the time of the Commission .meeting last month and that he did call the Commission Secretary that he would not be present. • commented that he was impressed with the proposed plaques and it would bring the notoriety deserved. Commissioner Cribb • stated that at the August 2000 Commission meeting, he commented that the Orange County Courthouse was a Richard Neutra structure and he requested that the Courthouse be considered to be placed on the Register and he reiterated his interest in placing the structure on the Register. • requested a policy discouraging aluminum windows on historic structures. ® requested staff research the Washington Mutual building at Washington and Main and commented that he believed the murals were historically significant. Commissioner Giles • complimented staff regarding their work on the Santa Ana Register. • expressed his appreciation for the Commission attendance. • commented that the Keech-Klatt house, located at 201 East Washington, was one of French Park's signature structures and staffed that he was interested in considering placing the structure on the Register. Commissioner Kings • requested staff agendize a discussion regarding establishing a policy for excusable Commission absences. • commented regarding the Commission's relationship with Downtown Development and stated that the Commission had requested staff work on various items and the requests didn't seem to have much priority • requested an update on the Santora building and commented that she viewed a posting for an Alcoholic Beverage Control (ABC) License; and indicated that the Commission had not reviewed any drawings for the restaurant, Bit�cftdi�edources Commission 718;—W4 109Y8/2022 • commented that she believed listing the structures by address would -be beneficial and consistent with the structures -listed on the map by address. • displayed the Orange County Metro and recognized that Commissioner Cribb was listed as one of five visionaries in Orange County. , • requested a tour of the YMCA building. • commented that she agreed that the Neutra Orange County Courthouse was a building that deserved to be recognized. 8. Excuse of absences. There were no absences, 9. Adjournment. The meeting adjourned at 6:50 p.m. SMJ Bit�cgudi�edources Commission 81a;-1E 100Y8/2022 ORANGE COUNTY REPORTER — SINCE 1921 — 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Sarah Bernal CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 2405 N BONNIE BRAE I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 06/24/2022 Executed on:06/24/2022 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. re I IIII I IIII I IIII I III 1 IIIII I II II III 1111111 II I III IIIII I III " III !!!��I'��III II III IIII "IIII ql ni iI Jo • This space for filing stamp only OR#: 3599250 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2405 North Bonnie Brae Project Applicant: Benjamin and Catherine Mayberry Project Description: The property owners, Benjamin and Catherine Mayberry, are applying for the property to be designated on the Santa Ana Register of Historical Properties, to categorize the property as Key, and for a Mills Act Contract with the City. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 202245 will be filed for this project. Meeting Details: This matter will be heard on Thursday, July 7, 2022, at 4:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conf. Room 1600, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-particpation. Written Comments:lf you are unable to participate in this in -person meeting, you may send written comments by e-mail to P BAe C o m m e n t s@ s a n to -a n a .org (reference the Agenda Item # in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https:Hsanta- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez al (714) 667- 2260 . • I U • Neu can lien lac bang tieng Viet, xin dien thoaj cho Tony Lai s6 (714) 565- 2627. 6/24/22 OR-3599250# 10OV812022 Email ' CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Proiect Location: 2405 North Bonnie Brae Project Applicant: Benjamin and Catherine Mayberry Project Description: The property owners, Benjamin and Catherine Mayberry, are applying for the property to be designated on the Santa Ana Register of Historical Properties, to categorize the property as Key, and for a Mills Act Contract with the City. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-45 will be filed for this project. Meeting Details: This matter will be heard on Thursday, July 7, 2022, at 4:30 p.m. at City Hall, Ross Annex, 20 Civic Center Plaza, Conf. Room 1600, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-particpation. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments(a-),santa-ana.org (reference the Agenda Item # in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomezCcD_santa-ana.org or 714-667-2790 Bittd@icdi�edources Commission 18;—lu 109Y8/2022 �7 ' O. 4�' N `'I'� RY. rL'S { � L. .' k }i ��J Y iT•�]T } 4 2324 5 n. oa ` o �y + 231v1 a wxj n, Cv ih+ r l u7 _ G} �h+r C3 ;i; �� ,�,.{ Ej '-4 '. 9r -di *' ii `irld fa a v'� eT�` 41+t5��, - '� rats CEs3.r +' �+ 1 g Is pa .'t 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Eriq Dominguez, a single man, (hereinafter collectively referred to as "Owner"), owner of real property located at 2222 N. Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2222 N. Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which City Council 18 — 159 10/18/2022 Exhibit 5 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 2 18 — 160 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 3 18 — 161 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2222 N. Ross Street, Assessor Parcel Number, 002-112-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 4 18 — 162 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Eriq Dominguez 2222 N. Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 163 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 6 18 — 164 10/18/2022 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: qi 1� JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ERIQ DOMINGUEZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 18 — 165 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 2 AND THE EAST 4 FEET OF LOT 1, TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE(S) 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY. Assessor's Parcel Number: 002-112-01 City Council 8 18 — 166 10/18/2022 EXECUTIVE SUMMARY Exhibit B William T. Elliott House 2222 N. Ross Street Santa Ana, CA 92706 NAME William T. Elliott House REF. NO. ADDRESS 2222 N. Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The William T. Elliott qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the gable - and -wing variant of the Minimal Traditional style. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture (Santa Ana municipal L;oae, Section ju-z.z). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 18 — 167 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) William T. Elliott House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 2222 N. Ross Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-112-01 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the William T. Elliott House is a one-story single-family residence constructed in the gable -and -wing variant of the Minimal Traditional architectural style. It features the characteristic massing of the gable -and -wing enhanced by three tiers of nested gables over the front -gabled wing, with little or no overhanging eaves. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a stucco siding. The focal point of the design is the central entry porch, whose canopy roof is supported by lacy wrought iron porch supports. The front entry features a six -panel wood door, flanked by a series of wood -framed, two -over -two windows, and a prominent attached brick chimney. Along the east, west, and south elevation, the building incorporates a series of wood -framed, two -over -two windows. The north elevation is enhanced with a prominent bay window with brick base and standing seam roof. A one-story, gabled, detached garage clad in stucco siding is located in the rear of the property, south of the residence. Alterations to the house include the removal of the original wood -shingled roof and installation of front porch terra cotta paving. When the original wood shingled roof was replaced in 1994, some eave detailing may have been lost. Other than the relatively minor noted changes, the house appears intact and is in good condition. The property is landscaped with a lawn, low vegetation and a short driveway leading towards the rear, detached garage. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view southwest July 2022 *P6. Date Constructed/Age and Sources: ■historic 19401 City of Santa Ana Building Permits *P7. Owner and Address: Eriq Dominguez 2222 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 18 — 168 10/18/2022 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: William T. Elliott House 131. Historic Name: William T. Elliott House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): October 29, 1940. Constructed. $4,000. March 28, 1994. Reroof with tear off of wood shingles, add composition shingles. $3, 200. June 23, 2020. Install roof mounted solar panels. $21,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1940 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The William T. Elliott House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. This house was originally constructed in 1940, and was valued at approximately $4, 000 according to the original building permit. In 1941, the home was purchased by William T. Elliott and his wife Ester May Elliott. William was a business professor at Santa Ana Junior College for many decades and was civically involved in Santa Ana and various clubs and organizations. William was drafted in World War 11 in 1943 and was separated from the Army in August 1945. Ester May Elliott was also involved in local clubs. William remained the first and longest continuous owner of the property into the 1980s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Sketch Map William T. Elliott House 2222 N. Ross Street 9 SANFA CL417A T- 0 i0 O � c O T � O OO ---------- �+ O Q O x 0 (7 n 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: William T. Elliott House *Recorded by Pedro Gomez *Date September 8, 2022 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The William T. Elliott House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The William T. Elliott House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the gable - and -wing variant of the Minimal Traditional style. Built in 1940 by the development team of H. C. Head and Roy Russell, the house features the characteristic massing of the variant enhanced by three tiers of nested gables over the front -gabled wing. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the William T. Elliott House that should be preserved include, but may not be limited to: materials and finishes (stucco siding); massing, roof configuration and treatment (three tiers of nested gables over the front -gabled wing); porch with lacy wrought iron porch supports; brick chimney; bay window with brick base and standing seam roof, fenestration (wood -framed, two -over -two windows); and architectural detailing. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1940-1979. City Council DPR 523L 18 — 170 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 — 171 10/18/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 172 10/18/2022 Planning and Building Agency Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2022-20, HRC 2022-10, HPPA No. 2022-13 — William T. Elliott House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 20 and Historic Register Categorization No. 2022-10 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eriq Dominguez, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Eriq Dominguez is requesting approval to designate an existing residence located at 2222 N. Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of Greenleaf Street in the Floral Park neighborhood. The site contains a 1,476-square-foot, Minimal Traditional style residence and detached garage on a 6,100-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails Bittd@icdi�edources Commission 1 fi-1173 109Y8/2022 HRCA No. 2022-20, HRC 2022-10, HPPA No. 2022-13 — William T. Elliott House September 8, 2022 Page 2 applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 82 years old and is a good example of period architecture. No known code violations exist on record for this property. The William T. Elliott House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. This house was originally constructed in 1940, and was valued at approximately $4,000 according to the original building permit. In 1941, the home was purchased by William T. Elliott and his wife Ester May Elliott. William was a business professor at Santa Ana Junior College for many decades and was civically involved in Santa Ana and various clubs and organizations. William was drafted in World War II in 1943 and was separated from the Army in August 1945. Ester May Elliott was also involved in local clubs. William remained the first and longest continuous owner of the property into the 1980s. The William T. Elliott House is a one-story single-family residence constructed in the gable -and -wing variant of the Minimal Traditional architectural style. It features the characteristic massing of the gable -and -wing enhanced by three tiers of nested gables over the front -gabled wing, with little or no overhanging eaves. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a stucco siding. The focal point of the design is the central entry porch, whose canopy roof is supported by lacy wrought iron porch supports. The front entry features a six -panel wood door, flanked by a series of wood -framed, two -over -two windows, and a prominent attached brick chimney. Along the east, west, and south elevation, the building incorporates a series of wood -framed, two -over -two windows. The north elevation is enhanced with a prominent bay window with brick base and standing seam roof. A one-story, gabled, detached garage clad in stucco siding is located in the rear of the property, south of the residence. Alterations to the house include the removal of the original wood -shingled roof and installation of front porch terra cotta paving. When the original wood shingled roof was replaced in 1994, some eave detailing may have been lost. Character -defining features of the William T. Elliott House that should be preserved include, but may not be limited to: materials and finishes (stucco siding); massing, roof configuration and treatment (three tiers of nested gables over the front -gabled wing); porch with lacy wrought iron porch supports; brick chimney; bay window with brick base and standing seam roof; fenestration (wood -framed, two -over -two windows); and architectural detailing. The William T. Elliott House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the gable -and -wing variant of the Minimal Traditional style. Built Bit�d@icdi�edources Commission 1 a3-1274 109Y8/2022 HRCA No. 2022-20, HRC 2022-10, HPPA No. 2022-13 —William T. Elliott House September 8, 2022 Page 3 in 1940 by the development team of H. C. Head and Roy Russell, the house features the characteristic massing of the variant enhanced by three tiers of nested gables over the front -gabled wing. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA BilgcftLRedources Commission 18B-1275 109118/2022 HRCA No. 2022-20, HRC 2022-10, HPPA No. 2022-13 — William T. Elliott House September 8, 2022 Page 4 Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-82 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $874.16 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@iedi�edources Commission 1 a3-1476 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-20 TO PLACE THE PROPERTY LOCATED AT 2222 N. ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-10 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 8, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-20) and categorization (Historic Resources Commission Categorization No. 2022-10) of the William T. Elliott House located at 2222 N. Ross Street, Santa Ana. B. The William T. Elliott House has distinctive architectural features of the Minimal Traditional style and was built in 1940. C. The William T. Elliott qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and -Wing variant of the Minimal Traditional style. Built in 1940 by the development team of H. C. Head and Roy Russell, the house features the characteristic massing of the variant enhanced by three tiers of nested gables over the front -gabled wing. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture. Character - defining features of the William T. Elliott House that should be preserved include, but may not be limited to: materials and finishes (stucco siding); massing, roof configuration and treatment (three tiers of nested gables over the front -gabled wing); porch with lacy wrought iron porch supports; brick chimney; bay window with brick base and standing seam roof; fenestration (wood -framed, two -over -two windows); and architectural detailing. D. The legal owner of the property is Eriq Dominguez. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Bittc@iedi�edources Commission 1a3-197 109Y8/2022 Resolution No. 2022-XXX Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-82 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-20 to place the William T. Elliott House located at 2222 N. Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-10 placing the William T. Elliott House located at 2222 N. Ross Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 1 a3-1EQ8 109V8/2022 Resolution No. 2022-XXX Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: -- John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Commission members Commission members Commission members Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@icdi�edources Commission 1 a3-1779 109V8/2022 Resolution No. 2022-XXX Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-112-01 2222 N. Ross Street THE LAND REFERRED TO Eriq Dominguez HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 2 AND THE EAST 4 FEET OF LOT 1, TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE(S) 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY Resolution No. 2022-XXX Bittd@iedi�edources Commission 1 a3-118130 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-20 and Historic Resources Commission Categorization No. 2022-10 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2222 N. Ross Street, historically known as the William T. Elliott House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 1 a3-1561 1 T9M RE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Eriq Dominguez, a single man, (hereinafter collectively referred to as "Owner"), owner of real property located at 2222 N. Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2222 N. Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq., which Bittc@iedi�edources Commission 185-118P 10OV812022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Bihtd@iedi�edources Commission 2 186-11813 109Y8/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission _ 3 185—t& 109Y8/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2222 N. Ross Street, Assessor Parcel Number, 002-112-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 185-11&6 109Y8/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Eriq Dominguez 2222 N. Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 185—fW 109Y8/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 185—M7 109V8/2022 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ERIQ DOMINGUEZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Bittd@iedi�edources Commission 7 _ 185-11� 109Y8/2022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 2 AND THE EAST 4 FEET OF LOT 1, TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE(S) 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY. Assessor's Parcel Number: 002-112-01 Bibtd@iedi�edources Commission 8 185—fm 109Y8/2022 EXECUTIVE SUMMARY William T. Elliott House 2222 N. Ross Street Santa Ana, CA 92706 NAME William T. Elliott House REF. NO. ADDRESS 2222 N. Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The William T. Elliott qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the gable - and -wing variant of the Minimal Traditional style. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture (Santa Ana Municipal Code, Section 30-2.2 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Bib)d bLRedources Commission 186—IM 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) William T. Elliott House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 2222 N. Ross Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-112-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the William T. Elliott House is a one-story single-family residence constructed in the gable -and -wing variant of the Minimal Traditional architectural style. It features the characteristic massing of the gable -and -wing enhanced by three tiers of nested gables over the front -gabled wing, with little or no overhanging eaves. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a stucco siding. The focal point of the design is the central entry porch, whose canopy roof is supported by lacy wrought iron porch supports. The front entry features a six -panel wood door, flanked by a series of wood -framed, two -over -two windows, and a prominent attached brick chimney. Along the east, west, and south elevation, the building incorporates a series of wood -framed, two -over -two windows. The north elevation is enhanced with a prominent bay window with brick base and standing seam roof. A one-story, gabled, detached garage clad in stucco siding is located in the rear of the property, south of the residence. Alterations to the house include the removal of the original wood -shingled roof and installation of front porch terra cotta paving. When the original wood shingled roof was replaced in 1994, some eave detailing may have been lost. Other than the relatively minor noted changes, the house appears intact and is in good condition. The property is landscaped with a lawn, low vegetation and a short driveway leading towards the rear, detached garage. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view southwest July 2022 *P6. Date Constructed/Age and Sources: ■historic 19401 City of Santa Ana Building Permits *P7. Owner and Address: Eriq Dominguez 2222 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information Big)G ial-Redources Commission 186-1m 10OV812022 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: William T. Elliott House 131. Historic Name: William T. Elliott House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): October 29, 1940. Constructed. $4,000. March 28, 1994. Reroof with tear off of wood shingles, add composition shingles. $3, 200. June 23, 2020. Install roof mounted solar panels. $21,000. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original location: *B8. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1940 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The William T. Elliott House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. This house was originally constructed in 1940, and was valued at approximately $4,000 according to the original building permit. In 1941, the home was purchased by William T. Elliott and his wife Ester May Elliott. William was a business professor at Santa Ana Junior College for many decades and was civically involved in Santa Ana and various clubs and organizations. William was drafted in World War 11 in 1943 and was separated from the Army in August 1945. Ester May Elliott was also involved in local clubs. William remained the first and longest continuous owner of the property into the 1980s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Sketch Map '¢ SANTA CCARA / G aGG a William T. Elliott House 2222 N. Ross Street GIo EM G G el - . a i --- -p 0---- N t O Oo c� 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: William T. Elliott House 'Recorded by Pedro Gomez *Date September 8, 2022 El Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The William T. Elliott House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The William T. Elliott House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the gable - and -wing variant of the Minimal Traditional style. Built in 1940 by the development team of H. C. Head and Roy Russell, the house features the characteristic massing of the variant enhanced by three tiers of nested gables over the front -gabled wing. The recommended categorization is "Contributive" because it contributes to the overall character and history of Floral Park and is representative example of Minimal Traditional architecture (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the William T. Elliott House that should be preserved include, but may not be limited to: materials and finishes (stucco siding); massing, roof configuration and treatment (three tiers of nested gables over the front -gabled wing); porch with lacy wrought iron porch supports; brick chimney; bay window with brick base and standing seam roof,- fenestration (wood -framed, two -over -two windows); and architectural detailing. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1940-1979. Bibtdl;ieLRedources Commission 186—M DPR 523L 10OV812022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 186-1R4 10OV812022 MILLS ACT AGREEMENT 2222 N. Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 186-1E6 109Y8/2022 ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com SARAH BERNAL CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2222 N. Ross Street To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2022 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $116.25 Total $116.25 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 IIII IIII IIII I IIII I IIII I IIII I IIII III IIII III I II IIII IIII I II II III I IIIII III Ili;' ! 1111 lll` +�� II1 11 "«'llllll I,LI �•I • OR# 3619718 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2222 NRoss Street (historically known as the William T. Elliott House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Eriq Dominguez Project Description:The applicant is requesting approval of Historic Resources Commission Application No. 2022-20, Historic Register Categorization No. 2022- 10, and Historic Property Preservation Agreement No. 2022-13 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-82 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the Project Location in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.pdmegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas an espafiol, favor de Ilamar a Narcedalia Perez at (714) 667- 2260 . Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627. 8/26/22 OR-3619718# 109V8/2022 CITY OF SANTA ANA -L' Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2222 N. Ross Street (historically known as the William T. Elliott House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Eriq Dominguez Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-20, Historic Register Categorization No. 2022-10, and Historic Property Preservation Agreement No. 2022-13 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-82 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(asanta-ana.orq (reference the topic in the subject line) or mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Bibtd LRedources Commission 185-1911B 1091(8/2022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(cD_santa-ana.orq or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez (714) 667-2260. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 132 feet i — . —m Publish: OC Reporter Date: AugusEMWO&Redources Commission 18B-09 109Y8/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Mark Blalock and Wendy Blalock, Husband and Wife as Community Property with rights of survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 1720 N. Olive Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1720 N. Olive Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 200 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 18 — 201 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council _ 3 18 — 202 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1720 N. Olive Street, Assessor Parcel Number, 399-053-18, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 4 18 — 203 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Mark and Wendy Blalock 1720 N. Olive Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 204 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 18 — 205 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 ATTEST: CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: MARK BLALOCK Date: By: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 9!4! 5v -Ew.� JO N M. FUNK Chief Assistant City Attorney WENDY BLALOCK RECOMMENDED FOR APPROVAL: u 1►. .: Executive Director Planning and Building Agency City Council 18 — 206 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 OF TRACT NO.1069 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34 PAGE(S) 33 OF MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 399-053-18 City Council 8 18 — 207 10/18/2022 EXECUTIVE SUMMARY Exhibit B J.F. Berger House 1720 N. Olive Street Santa Ana, CA 92706 NAME J.F. Berger House REF. NO. ADDRESS 1720 N. Olive Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The J.F. Berger qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and - Wing variant of the Minimal Traditional style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture ibanta Ana iwunl=ai Loae. Section ju-z.z EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 18 — 208 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) J.F. Berger House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1720 N. Olive Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 399-053-18 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the J.F. Berger House is a two-story single-family residence constructed in the gable -and -wing variant of the Minimal Traditional architectural style. Built in 1953 and moved to this location in 1974, the house displays the characteristic cross -gabled massing and L-shaped fagade of the gable -and -wing variant. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a combination of stucco and wood lap siding. A narrow frieze board accents portions of the eave line. The focal point of the design is the partial -width entry porch, whose canopy roof is supported by a pair of slender posts. The recessed entry contains a simple, six -panel, wood door flanked by a multi -light, tripartite wood window. The front (east) elevation features wood -framed, multi -light windows arranged singly and in pairs, each decorated with window shutters. The front elevation also features a prominent shed roof dormer, with a pair of wood - framed, multi -light windows. Along the north, south, and west elevations, the building incorporates a series of six -over -six wood -framed, double -hung sash windows, also decorated with window shutters. A prominent interior brick chimney rises above the roof ridgeline along the west elevation. A one-story, side -gabled, detached garage clad in stucco is located in the rear of the property. Alterations to the property include a rear addition and other alterations made at the time of or subsequent to relocation. However, these alterations are not visible from the primary front elevation. The property is landscaped with low vegetation and a mature tree and features a concrete walkway leading to the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west July 2022 *P6. Date Constructed/Age and Sources: ■historic 19531 City of Santa Ana Building Permits *P7. Owner and Address: Mark and Wendy Blalock 1720 N. Olive Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A ("icy1 )COUIICI� 18 — 209 10/18%`for2 ed information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: J.F. Berger House 131. Historic Name: J.F. Berger House 132. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): 1953. Constructed. Original building permit not located. December 24, 1974. Relocate single-family residence from 1501 Martha Lane by C. Robbins, owner. $8, 500 April 22, 1976. Open lattice over with 30-inch "kick wall" by Dunn and Reich, owner. $500. July 30, 1979. Finish attic room into den.$1,140. March 14, 1984. Reroof single-family residence. $3, 000. March 11, 1986. Aluminium patio cover and enclosure. $2,061. September 12, 2019. Demo existing patio enclosure and construct new dining room addition. $15,000. June 20, 2022. Install roof mounted solar panels. $13,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1953 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The J.F. Berger House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. The earliest records found for this residence show a series of occupants between 1953 -1965, including J.F. Berger (1953-1955), A.L. Oliphant (1956-1959), and R.E. Stutz (1960-1965). Little information is available regarding occupancy of the residence from the mid 1960s to the mid 1970s. In 1974, directories show that the property was occupied by C.C. Robbins, who resided on the property when it was relocated to the current location. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Sketch Map s NIM11 EN77y J.F. Berger House 1720 N. Olive Street ,s x__o £lsNYEEN711 % ml x® 'AO `S g im.�i O O � '• Oy ALLEY � WI 6 ff' ii7 DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: J.F. Berger House *Recorded by Pedro Gomez *Date September 8, 20220 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the J.F.Berger House is now located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The J.F. Berger House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and - Wing variant of the Minimal Traditional style. The house displays the characteristic cross -gabled massing and L-shaped fagade of the variant as well as the minimalist approach to architectural embellishment associated with the style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the J.F. Berger House include, but may not be limited to: cross -gabled massing and L-shaped fagade; wood -framed, multi -light windows arranged singly and in pairs; decorative window shutters; combination stucco and wood exterior; and recessed entry accessed from an open, partial -width porch. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1940-1979. City Council DPR 523L 18-211 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 — 212 10/18/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 213 10/18/2022 Planning and Building Agency Item # 5 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2022-19, HRC 2022-11, HPPA No. 2022-14 — J.F. Berger House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 19 and Historic Register Categorization No. 2022-11 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Mark and Wendy Blalock, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Mark and Wendy Blalock are requesting approval to designate an existing residence located at 1720 N. Olive Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the west side of Olive Street in the West Floral Park neighborhood. The site contains a 2,600-square-foot, Minimal Traditional style residence and detached garage on a 6,000-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria Bittd@icdi�edources Commission 15-2114 109Y8/2022 HRCA No. 2022-19, HRC 2022-11, HPPA No. 2022-14 — J.F. Berger House September 8, 2022 Page 2 set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 69 years old and is a good example of period architecture. No known code violations exist on record for this property. The J.F. Berger House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. The earliest records found for this residence show a series of occupants between 1953 -1965, including J.F. Berger (1953-1955), A.L. Oliphant (1956-1959), and R.E. Stutz (1960- 1965). Little information is available regarding occupancy of the residence from the mid 1960s to the mid 1970s. In 1974, directories show that the property was occupied by C.C. Robbins, who resided on the property when it was relocated to the current location. The J.F. Berger House is a two-story single-family residence constructed in the gable - and -wing variant of the Minimal Traditional architectural style. Built in 1953 and moved to this location in 1974, the house displays the characteristic cross -gabled massing and L-shaped fagade of the gable -and -wing variant. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a combination of stucco and wood lap siding. A narrow frieze board accents portions of the eave line. The focal point of the design is the partial -width entry porch, whose canopy roof is supported by a pair of slender posts. The recessed entry contains a simple, six -panel, wood door flanked by a multi -light, tripartite wood window. The front (east) elevation features wood -framed, multi -light windows arranged singly and in pairs, each decorated with window shutters. The front elevation also features a prominent shed roof dormer, with a pair of wood - framed, multi -light windows. Along the north, south, and west elevations, the building incorporates a series of six -over -six wood -framed, double -hung sash windows, also decorated with window shutters. A prominent interior brick chimney rises above the roof ridgeline along the west elevation. A one-story, side -gabled, detached garage clad in stucco is located in the rear of the property. Alterations to the property include a rear addition and other alterations made at the time of or subsequent to relocation. However, these alterations are not visible from the primary front elevation. Character -defining features of the J.F. Berger House include, but may not be limited to: cross -gabled massing and L-shaped fagade; wood -framed, multi -light windows arranged singly and in pairs; decorative window shutters; combination stucco and wood exterior; and recessed entry accessed from an open, partial -width porch. The J.F. Berger House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and -Wing variant of the Minimal Traditional style. The BibtdbLRedources Commission 185-215 10OV812022 HRCA No. 2022-19, HRC 2022-11, HPPA No. 2022-14 — J.F. Berger House September 8, 2022 Page 3 house displays the characteristic cross -gabled massing and L-shaped fagade of the variant as well as the minimalist approach to architectural embellishment associated with the style.The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA BilgcftLRedources Commission 185-2316 109118/2022 HRCA No. 2022-19, HRC 2022-11, HPPA No. 2022-14 — J.F. Berger House September 8, 2022 Page 4 Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-81 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $913.89 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@iedi�edources Commission 15-2fl7 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-19 TO PLACE THE PROPERTY LOCATED AT 1720 N. OLIVE STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-11 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 8, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-19) and categorization (Historic Resources Commission Categorization No. 2022-11) of the J.F. Berger House located at 1720 N. Olive Street, Santa Ana. B. The J.F. Berger House has distinctive architectural features of the Minimal Traditional style and was built in 1953 and relocated in 1974. C. The J.F. Berger House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and -Wing variant of the Minimal Traditional style. Built in 1953 and moved to its current location in 1974, the house displays the characteristic cross -gabled massing and L- shaped fagade of the variant. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture. Character -defining features of the Mason-Heike House include, but may not be limited to: cross -gabled massing and L-shaped fagade; wood -framed, multi -light windows arranged singly and in pairs; decorative window shutters; combination stucco and wood exterior; and recessed entry accessed from an open, partial -width porch. D. The legal owners of the property are Mark and Wendy Blalock. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Bittc@iedi�edources Commission 15-2518 109Y8/2022 Resolution No. 2022-XXX Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-81 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-19 to place the J.F. Berger House located at 1720 N. Olive Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-11 placing the J.F. Berger House located at 1720 N. Olive Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 1 S—B 9 109Y8/2022 Resolution No. 2022-XXX Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �- John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Commission members Commission members Commission members Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@icdi�edources Commission 1 S—Z20 109Y8/2022 Resolution No. 2022-XXX Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 399-053-18 1720 N. Olive Street THE LAND REFERRED TO Mark and Wendy HEREIN BELOW IS Blalock SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 OF TRACT NO.1069 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34 PAGE(S) 33 OF MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Resolution No. 2022-XXX Bittd@iedi�edources Commission 15-221 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-19 and Historic Resources Commission Categorization No. 2022-11 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1720 N. Olive Street, historically known as the J.F. Berger House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 1 S-222 1 T9M RE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Mark Blalock and Wendy Blalock, Husband and Wife as Community Property with rights of survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 1720 N. Olive Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1720 N. Olive Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bits c@iedi�edources Commission 185-212B 109Y8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. BibtdTiedi�edources Commission _ 2 15—M4 109Y8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission _ 3 185-225 109Y8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1720 N. Olive Street, Assessor Parcel Number, 399-053-18, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 185-203 109Y8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Mark and Wendy Blalock 1720 N. Olive Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 185-207 109Y8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 185-22B 109V8/2022 ATTEST: Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MARK BLALOCK By: WENDY BLALOCK RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Bittd@iedi�edources Commission 7 _ 185-212D 109V8/2022 MILLS ACT AGREEMENT 1720 N. Olive Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 OF TRACT NO.1069 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34 PAGE(S) 33 OF MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 399-053-18 Bittc@iedi�edources Commission 8 185-200 109Y8/2022 EXECUTIVE SUMMARY J.F. Berger House 1720 N. Olive Street Santa Ana, CA 92706 NAME J.F. Berger House REF. NO. ADDRESS 1720 N. Olive Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The J.F. Berger qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and - Wing variant of the Minimal Traditional style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture [Santa Ana municipal uoae, Section 3u-z.z EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Bib)d bLRedources Commission 15-213B1 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) J.F. Berger House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1720 N. Olive Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 399-053-18 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the J.F. Berger House is a two-story single-family residence constructed in the gable -and -wing variant of the Minimal Traditional architectural style. Built in 1953 and moved to this location in 1974, the house displays the characteristic cross -gabled massing and L-shaped fagade of the gable -and -wing variant. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in a combination of stucco and wood lap siding. A narrow frieze board accents portions of the eave line. The focal point of the design is the partial -width entry porch, whose canopy roof is supported by a pair of slender posts. The recessed entry contains a simple, six -panel, wood door flanked by a multi -light, tripartite wood window. The front (east) elevation features wood -framed, multi -light windows arranged singly and in pairs, each decorated with window shutters. The front elevation also features a prominent shed roof dormer, with a pair of wood - framed, multi -light windows. Along the north, south, and west elevations, the building incorporates a series of six -over -six wood -framed, double -hung sash windows, also decorated with window shutters. A prominent interior brick chimney rises above the roof ridgeline along the west elevation. A one-story, side -gabled, detached garage clad in stucco is located in the rear of the property. Alterations to the property include a rear addition and other alterations made at the time of or subsequent to relocation. However, these alterations are not visible from the primary front elevation. The property is landscaped with low vegetation and a mature tree and features a concrete walkway leading to the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west July 2022 *P6. Date Constructed/Age and Sources: ■historic 19531 City of Santa Ana Building Permits *P7. Owner and Address: Mark and Wendy Blalock 1720 N. Olive Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 5231I d information I aial-Redources Commission 1 S-222 109Y8/ State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: J.F. Berger House 131. Historic Name: J.F. Berger House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): 1953. Constructed. Original building permit not located. December 24, 1974. Relocate single-family residence from 1501 Martha Lane by C. Robbins, owner. $8, 500 April 22, 1976. Open lattice over with 30-inch "kick wall" by Dunn and Reich, owner. $500. July 30, 1979. Finish attic room into den.$1,140. March 14, 1984. Reroof single-family residence. $3, 000. March 11, 1986. Aluminium patio cover and enclosure. $2,061. September 12, 2019. Demo existing patio enclosure and construct new dining room addition. $15,000. June 20, 2022. Install roof mounted solar panels. $13,000, *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: Detached Garage. B9a. Architect: Unknown Original location: b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1953 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The J.F. Berger House is architecturally significant as a characteristic example of the gable -and -wing variant of the Minimal Traditional architectural style. The earliest records found for this residence show a series of occupants between 1953 -1965, including J.F. Berger (1953-1955), A.L. Oliphant (1956-1959), and R.E. Stutz (1960-1965). Little information is available regarding occupancy of the residence from the mid 1960s to the mid 1970s. In 1974, directories show that the property was occupied by C.C. Robbins, who resided on the property when it was relocated to the current location. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch Map B13. Remarks: *1314. Evaluator: Leslie Heumann/ChattelInc. t N'NE=NTH J.F. Berger House *Date of Evaluation: September 8, 2022 , °° 1720 N. Olive Street O EIGHTEENTH � Om � O O I ? 57REET s r '� ® Y O L (This space reserved for official comments.) A ay DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: J.F. Berger House 'Recorded by Pedro Gomez *Date September 8, 20220 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the J.F.Berger House is now located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The J.F. Berger House qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Gable -and - Wing variant of the Minimal Traditional style. The house displays the characteristic cross -gabled massing and L-shaped fagade of the variant as well as the minimalist approach to architectural embellishment associated with the style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is representative example of Minimal Traditional architecture (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the J.F. Berger House include, but may not be limited to: cross -gabled massing and L-shaped fagade; wood -framed, multi -light windows arranged singly and in pairs; decorative window shutters; combination stucco and wood exterior; and recessed entry accessed from an open, partial -width porch. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1940-1979. Bib)clZbLRedources Commission 15-09 DPR 523L 10OV812022 MILLS ACT AGREEMENT 1811 Greenleaf Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 1 f—ZE 10OV812022 MILLS ACT AGREEMENT 1811 Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 1f—ME 109V8/2022 HRC 2022-11/ HRCA 2022-19/ HPPA 2022-14 1720 N. OLIVE STREET J.F. BERGER HOUSE PLANNING AND BUILDING AGENCY Bittc@iedi�eilources Commission 1f—MW 109V8/2022 ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com SARAH BERNAL CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1702 N Olive St To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2022 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $117.80 Total $117.80 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 IIII IIII IIII I IIII I IIII I IIII I IIII III IIII III I II IIII I III IIII I III III III IIl�,�,�`u+�III`+�� IIA II "«'III III I'I ICI OR# 3619725 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1720 N. Olive Street (historically known as the J.F. Berger House) located in the Single Family Residential (R-1) zoning district. Project Applicant:Mark and Wendy Blalock Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-19, Historic Register Categorization No. 2022- 11, and Historic Property Preservation Agreement No. 2022-14 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-81 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the Project Location in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana. pri megov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas an espafiol, favor de Ilamar a Narcedalia Perez at (714) 667- 2260 . Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627. 8/26/22 OR-3619725# 109V8/2022 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1720 N. Olive Street (historically known as the J.F. Berger House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Mark and Wendy Blalock Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-19, Historic Register Categorization No. 2022-11, and Historic Property Preservation Agreement No. 2022-14 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-81 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(c�santa-ana.orq (reference the topic in the subject line) or mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Bittd@icdi�edources Commission 1 f—MM 109Y8/2022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(asanta-ana.orq or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez (714) 667-2260. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. NOTIFICATION 131 feet Publish: OC Rennrter Date: AugusiaWdMffiedources Commission 1 S-240 109Y8/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Yi Ran, an unmarried woman and Tom Nguyen, a single main, as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1802 N. Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1802 N. Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 241 10/18/2022 Exhibit 9 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 18 — 242 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council _ 3 18 — 243 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1802 N. Ross Street, Assessor Parcel Number, 002-104-06, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 4 18 — 244 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Yi Ran and Tom Nguyen 1802 N. Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 245 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 18 — 246 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 ATTEST: CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: YI RAN Date: By: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: ?K JOHWM. FUNK Chief Assistant City Attorney TOM NGUYEN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 18 — 247 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 11, IN BLOCK "B", OF TRACT 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-104-06 City Council 8 18 — 248 10/18/2022 EXECUTIVE SUMMARY Exhibit B Arthur A. Beard House 1802 N. Ross Street Santa Ana, CA 92706 NAME Arthur A. Beard House REF. NO. ADDRESS 1802 N. Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1939 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal i ramuonai stvie arcnitecture (santa Ana iwunl=ai uoae. z�iecuon su-z.z). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation City Council 18 — 249 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) Arthur A. Beard House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1802 N. Ross Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-104-06 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Arthur A. Beard House is a one-story single-family residence constructed in the Colonial Revival variant of the Minimal Traditional style. Simplicity characteristic of the Minimal Traditional and symmetry associated with the Colonial Revival characterize this single-family residence. It features a moderately -pitched, side -gabled roof with minimal overhang. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in wood clapboard siding. Its Colonial Revival character is apparent in the central entry with stylized pediment, broad wood siding, and decorative shutters. The front (east) elevation features two -over -two double -hung, wood -framed windows, a bay window projection, and bellcast entry canopy. Along the north, south, and west elevations, the building's fenestration includes a series of single, double -hung windows. A secondary side entry is located along the north elevation, which consists of a simple, single panel half door. A tall, prominent, exterior brick chimney rises above the roof ridgeline along the south elevation. A one-story, gable - roofed, detached garage is located in the rear of the property which is also clad in wood clapboard siding. The property is landscaped with low vegetation and neatly trimmed hedges and features a walkway paved in flagstone leading to the front entry. The house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west July 2022 *P6. Date Constructed/Age and Sources: ■historic 19391 City of Santa Ana Building Permits *P7. Owner and Address: Yi Ran and Tom Nguyen 1802 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 18 — 250 10/18/2022 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Arthur A. Beard House 131. Historic Name: Arthur A. Beard House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): March 13, 1939. Constructed. $4,000. August 16, 2010. Reroof residence with tear off. May 30, 2017. Install 8 ft. tall vinyl fence (40 lineal feet) at side of house. $1,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1939 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Arthur A. Beard House is architecturally significant as a characteristic example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War 11 by the Santa Ana development team of H. C. Head and Roy Russell. The house was built in 1939 and was valued at approximately $4,000, according to the original building permit. The property was sold in 1940 to Arthur A. Beard who was a graduate of the University of Iowa. He was also a resident engineer for the Highway Commission of Wyoming, resident engineer for the Highway Commission of California, acting Flood Control Engineer, and Orange County Highway Superintendent. Arthur A. Beard resided on the property until the mid-1960s. Little information is available regarding occupancy of the residence from 1960-2000s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 DPR 523B (1/95) (This space reserved for official comments.) Arthur A. Beard House Sketch Map 1 1802 N. Ross Street - m Oo s -__ a to o -- N Significance (contin State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Arthur A. Beard House *Recorded by Pedro Gomez *Date September 8, 2022 ❑x Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Arthur A. Beard House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal Traditional style architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Arthur A. Beard House include, but may not be limited to: materials and finishes (stucco and horizontal wood board lapped siding); side -gabled roof with modest overhang; three -bay, nearly symmetrical fagade; multi -paned, double -hung windows including cant window bay; central main entry with stylized pediment; decorative shutters; and brick chimney. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1999. City Council DPR 523L 18 — 252 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 — 253 10/18/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 254 10/18/2022 Planning and Building Agency Item # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2022-17, HRC 2022-12, HPPA No. 2022-15 — Arthur A. Beard House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 17 and Historic Register Categorization No. 2022-12 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Yi Ran and Tom Nguyen, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Yi Ran and Tom Nguyen are requesting approval to designate an existing residence located at 1802 N. Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the west side of Ross Street in the Floral Park neighborhood. The site contains a 1,216-square-foot, Minimal Traditional style residence and detached garage on a 4,500-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria Bittd@icdi�edources Commission 181-2155 109Y8/2022 HRCA No. 2022-17, HRC 2022-12, HPPA No. 2022-15 — Arthur A. Beard House September 8, 2022 Page 2 set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 83 years old and is a good example of period architecture. No known code violations exist on record for this property. The Arthur A. Beard House is architecturally significant as a characteristic example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the Santa Ana development team of H. C. Head and Roy Russell. The house was built in 1939 and was valued at approximately $4,000, according to the original building permit. The property was sold in 1940 to Arthur A. Beard who was a graduate of the University of Iowa. He was also a resident engineer for the Highway Commission of Wyoming, resident engineer for the Highway Commission of California, acting Flood Control Engineer, and Orange County Highway Superintendent. Arthur A. Beard resided on the property until the mid-1960s. Little information is available regarding occupancy of the residence from 1960-2000s. The house is a one-story single-family residence constructed in the Colonial Revival variant of the Minimal Traditional style. Simplicity characteristic of the Minimal Traditional and symmetry associated with the Colonial Revival characterize this single- family residence. It features a moderately -pitched, side -gabled roof with minimal overhang. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in wood clapboard siding. Its Colonial Revival character is apparent in the central entry with stylized pediment, broad wood siding, and decorative shutters. The front (east) elevation features two -over -two double -hung, wood -framed windows, a bay window projection, and bellcast entry canopy. Along the north, south, and west elevations, the building's fenestration includes a series of single, double -hung windows. A secondary side entry is located along the north elevation, which consists of a simple, single panel half door. A tall, prominent, exterior brick chimney rises above the roof ridgeline along the south elevation. A one-story, gable -roofed, detached garage is located in the rear of the property which is also clad in wood clapboard siding. The house appears intact and is in good condition. Character -defining features of the Arthur A. Beard House include, but may not be limited to: materials and finishes (stucco and horizontal wood board lapped siding); side -gabled roof with modest overhang; three - bay, nearly symmetrical fagade; multi -paned, double -hung windows including cant window bay; central main entry with stylized pediment; decorative shutters; and brick chimney. Bittd@icdi�edources Commission 181-256 109Y8/2022 HRCA No. 2022-17, HRC 2022-12, HPPA No. 2022-15 — Arthur A. Beard House September 8, 2022 Page 3 The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal Traditional style architecture Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. Bittd@icdi�edources Commission 181—Z57 109Y8/2022 HRCA No. 2022-17, HRC 2022-12, HPPA No. 2022-15 — Arthur A. Beard House September 8, 2022 Page 4 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-79 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,120.35 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@iedi�edources Commission 181-258 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-17 TO PLACE THE PROPERTY LOCATED AT 1802 N. ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-12 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 8, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-17) and categorization (Historic Resources Commission Categorization No. 2022-12) of the Arthur A. Beard House located at 1802 N. Ross Street, Santa Ana. B. The Arthur A. Beard House has distinctive architectural features of the Minimal Traditional style and was built in 1939. C. The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal Traditional style architecture. Character -defining features of the Arthur A. Beard House include, but may not be limited to: materials and finishes (stucco and horizontal wood board lapped siding); side -gabled roof with modest overhang; four -bay fagade; multi -paned, double -hung windows framed with shutters; and Classical main entry surround. D. The legal owners of the property are Yi Ran and Tom Nguyen. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Bittc@iedi�edources Commission 181-2F)9 109Y8/2022 Resolution No. 2022-XXX Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-79 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-17 to place the Arthur A. Beard House located at 1802 N. Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-12 placing the Arthur A. Beard House located at 1802 N. Ross Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 181-2130 109Y8/2022 Resolution No. 2022-XXX Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Commission members Commission members Commission members Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@icdi�edources Commission 181-261 109Y8/2022 Resolution No. 2022-XXX Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-104-06 1802 N. Ross Street THE LAND REFERRED TO Yi Ran and Tom HEREIN BELOW IS Nguyen SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 11, IN BLOCK "B", OF TRACT 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2022-XXX Bittd@iedi�edources Commission 181-2132 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-17 and Historic Resources Commission Categorization No. 2022-12 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1802 N. Ross Street, historically known as the Arthur A. Beard House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 181—R3 1 T9M RE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Yi Ran, an unmarried woman and Tom Nguyen, a single main, as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1802 N. Ross Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1802 N. Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bibtd@iedi�edources Commission 181-2& 109Y8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. BibtdTiedi�edources Commission _ 2 181—M5 109Y8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission _ 3 19-26B 109Y8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1802 N. Ross Street, Assessor Parcel Number, 002-104-06, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 19-210 109Y8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Yi Ran and Tom Nguyen 1802 N. Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 19-26B 109Y8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 181-21® 109V8/2022 ATTEST: Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: YI RAN By: TOM NGUYEN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Bits c@iedi�edources Commission 7 _ 19-21M 109V8/2022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 11, IN BLOCK "B", OF TRACT 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-104-06 Bittc@iedi�edources Commission 8 181-21771 109V8/2022 EXECUTIVE SUMMARY Arthur A. Beard House 1802 N. Ross Street Santa Ana, CA 92706 NAME Arthur A. Beard House REF. NO. ADDRESS 1802 N. Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1939 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal i maitionai sivie arcnaecture ►z>ania Ana iwuniciDai uoae. z>ecuon ou-z.z►. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation Bib)d bLRedources Commission 19-2TM 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Arthur A. Beard House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1802 N. Ross Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-104-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Arthur A. Beard House is a one-story single-family residence constructed in the Colonial Revival variant of the Minimal Traditional style. Simplicity characteristic of the Minimal Traditional and symmetry associated with the Colonial Revival characterize this single-family residence. It features a moderately -pitched, side -gabled roof with minimal overhang. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad in wood clapboard siding. Its Colonial Revival character is apparent in the central entry with stylized pediment, broad wood siding, and decorative shutters. The front (east) elevation features two -over -two double -hung, wood -framed windows, a bay window projection, and bellcast entry canopy. Along the north, south, and west elevations, the building's fenestration includes a series of single, double -hung windows. A secondary side entry is located along the north elevation, which consists of a simple, single panel half door. A tall, prominent, exterior brick chimney rises above the roof ridgeline along the south elevation. A one-story, gable - roofed, detached garage is located in the rear of the property which is also clad in wood clapboard siding. The property is landscaped with low vegetation and neatly trimmed hedges and features a walkway paved in flagstone leading to the front entry. The house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west July 2022 *P6. Date Constructed/Age and Sources: ■historic 19391 City of Santa Ana Building Permits *P7. Owner and Address: Yi Ran and Tom Nguyen 1802 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information Big)G ial-Redources Commission 19—M 10OV812022 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Arthur A. Beard House 131. Historic Name: Arthur A. Beard House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): March 13, 1939. Constructed. $4,000. August 16, 2010. Reroof residence with tear off. May 30, 2017. Install 8 ft. tall vinyl fence (40 lineal feet) at side of house. $1, 000. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. 139a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1939 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Arthur A. Beard House is architecturally significant as a characteristic example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War 1l by the Santa Ana development team of H. C. Head and Roy Russell. The house was built in 1939 and was valued at approximately $4,000, according to the original building permit. The property was sold in 1940 to Arthur A. Beard who was a graduate of the University of Iowa. He was also a resident engineer for the Highway Commission of Wyoming, resident engineer for the Highway Commission of California, acting Flood Control Engineer, and Orange County Highway Superintendent. Arthur A. Beard resided on the property until the mid- 1960s. Little information is available regarding occupancy of the residence from 1960-2000s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 DPR 523B (1/95) (This space reserved for official comments.) Arthur A. Beard House Sketch Map 1 1802 N. Ross Street x AfETE N - -"- __'-__-- m O 10. Significance (continuo State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Arthur A. Beard House 'Recorded by Pedro Gomez *Date September 8, 2022 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Arthur A. Beard House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival, The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Arthur A. Beard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of the Colonial Revival variant of the Minimal Traditional style, constructed just prior to World War II by the development team of H. C. Head and Roy Russell. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a representative example of Minimal Traditional style architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Arthur A. Beard House include, but may not be limited to: materials and finishes (stucco and horizontal wood board lapped siding); side -gabled roof with modest overhang; three -bay, nearly symmetrical fagade; multi -paned, double -hung windows including cant window bay; central main entry with stylized pediment; decorative shutters; and brick chimney. *612. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1999. Bib)dl;ieLRedources Commission 19-21715 10OV812022 DPR 523L MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 19-20 10OV812022 MILLS ACT AGREEMENT 1802 N. Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 19—MT 109Y8/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Marny Gae Renteria, an Unmarried Woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 1128 W. Riviera Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1128 W. Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 279 10/18/2022 Exhibit I I MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 18 — 280 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council _ 3 18 — 281 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1128 W. Riviera Drive, Assessor Parcel Number, 001-172-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 4 18 — 282 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Marny Gae Renteria 1128 W. Riviera Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 283 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 18 — 284 10/18/2022 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: � 9nl -F,�, JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MARNY GAE RENTERIA RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 18 — 285 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 96, MISCELLANEOUS RECORDS OF ORANGE COUNTY, DESCRIBES AS FOLLOWS: BEGINNING AT A POINT THEREON SOUTH 150 01' 48" EAST 60.00 FEET FROM THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET, THE INITIAL RADIAL LINES BEARS AT SAID POINT, SOUTH 15° 01' 48" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 950 39' 58", AN ARC DISTANCE OF 25.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 770.00 FEET; THENCE SOUTHERLY ALONG SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE 9° 20' 00", AN ARC DISTANCE OF 125.43 FEET: THENCE SOUTH 82' 37' 08" WEST 78.46 FEET TO THE SOUTHEAST CORNER OF LOT 5 OF SAID TRACT NO. 1740; THENCE NORTH 11 ° 00' 00" WEST ALONG THE EASTERLY LINE OF SAID LOT 5, 127.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1030.00 FEET. THE INITIAL RADIAL LINE AT SAID POINT BEARS NORTH 170 15' 05" WEST: THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1 ° 06' 46", AN ARC DISTANCE OF 20.00 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 970.00 FEET; THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 3° 20' 02", AN ARC DISTANCE OF 56.44 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 001-172-17 City Council 8 18 — 286 10/18/2022 EXECUTIVE SUMMARY Exhibit B R.C. Marshall House 1128 W. Riviera Drive Santa Ana, CA 92706 NAME R.C. Marshall House REF. NO. ADDRESS 1128 W. Riviera Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1955 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival styled Ranch architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 18 — 287 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) R.C. Marshall House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1128 W. Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-172-17 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Occupying the southwest corner of West Riviera Drive and North Westwood Avenue in West Floral Park, the R.C. Marshall House is a one-story single-family residence on a large parcel, sited with a deep setback from West Riviera Drive and displaying the Colonial Revival variant of the Ranch style. An attached two -car garage is located behind (south ol) the south end of the east elevation facing North Westwood Avenue and is connected by a breezeway. The house and garage delineate a reversed 1 " -shaped plan, which embraces a generously sized rear yard. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a rambling plan and a moderately -pitched, gabled and hipped roof. The exterior of the house is clad in a combination of exterior materials including shakes, brick, stucco, and wood. Offset from the center of the primary (north) elevation to the west, the front entry features a recently replaced front door and sidelight, designed to be compatible with the Colonial Revival Ranch style and the date of construction. Widely spaced across the primary elevation, a series of steel, multi -light casement windows are flanked by decorative window shutters. The westernmost window is crowned with a front gabeet that breaks through the modestly overhanging eaves. At the east end of the north elevation, a smaller, side -gabled wing is set back from the north and contains two steel casement windows on its east elevation, distinguished by diamond windowpane patterning and shaded by a fabric awning. A centralized, interior brick chimney rises above the roofline. Alterations to the house include the removal of the original wood shake roof, replacement of the front entry door and sidelight, and replacement of the garage door. Other than the relatively minor noted changes, the house appears intact and is in good condition. The property is landscaped with a lawn, low vegetation and mature trees. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view southwest January 2022 *P6. Date Constructed/Age and Sources: ■historic 19551 City of Santa Ana Building Permits *P7. Owner and Address: Marni Gardot 1128 W. Riviera Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaanlnpiral Rarnrrl Flnistrirt Rarnrd fll inaar Faatiira Rarnrd flMillinp gtatinn Ri rnrd I lRnrk Art Rarnrd ❑ArtifaCil�cdLiAt"otograph Record ❑ Other (list) 18 — 288 10/18/2022 DPR 523A (11 ) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: R.C. Marshall House 131. Historic Name: R.C. Marshall House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): June 8, 1955. Constructed. $16,000. August 3, 1955. Plastering for R. C. Marshall by A. Engverson. July 12, 1985. Add A/C condenser. May 8, 1980. Reroof single-family residence and attached garage. $9, 963. November 29, 2006. Tear -off wood shakes and apply Premium Duralite Tile. $14,500. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Attached Garage. B9a. Architect: Unknown b. Builder: Arthur Herrick *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1955 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R.C. Marshall House is architecturally significant as a representative example of a Colonial Revival styled Ranch style home, in Santa Ana. According to City building records, it was built in 1955 by builder Arthur Herrick for approximately $16, 000. The house was first owned by Richard Charles Marshall and wife Fern B. Marshall. They resided on the property with their two children, Dennis R. and Diane E. Marshall, who both attended Santa Ana High School and Santa Ana College. Richard was born in Illinois and Fern was born in Minnesota, but they moved to Santa Ana in the late 1940s. Richard managed a furniture store along Main Street. Occupancy records show that the Marshall's resided on the property until the late 1960s. Little information is available regarding occupancy of the residence after 1970. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) City Council DPR 523B (1/95) Sketch Map RIYERA D R.C. Marshall House 1128 W. Riviera Drive 10 eo U m� IN 10/18/2022 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: R. C. Marshall House *Recorded by Pedro Gomez *Date September 8, 20220 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the R. C. Marshall House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival Styled Ranch architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the R. C. Marshall House include, but may not be limited to: horizontal massing and composition; combination of exterior materials including shakes, brick, stucco, and wood; steel fenestration (multi -light and diamond -paned casement windows); decorative window shutters; and front gablet surmounting the window west of the front entry. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Newspapers. com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. City Council DPR 523L 18 — 290 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 — 291 10/18/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 292 10/18/2022 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2021-28, HRC 2022-13, HPPA No. 2022-16 — R.C. Marshall House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 28 and Historic Register Categorization No. 2022-13 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Marny Gae Renteria, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Marny Gae Renteria is requesting approval to designate an existing residence located at 1128 W. Riviera Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the southwest corner of Westwood Avenue and Riviera Drive in the West Floral Park neighborhood. The site contains a 2,022-square- foot, Ranch style residence and attached garage on an 11,300-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria Bittd@icdi�edources Commission 1 E2-2193 109Y8/2022 HRCA No. 2021-28, HRC 2022-13, HPPA No. 2022-16 — R.C. Marshall House September 8, 2022 Page 2 set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 67 years old and is a good example of period architecture. No known code violations exist on record for this property. The R.C. Marshall House is architecturally significant as a representative example of a Colonial Revival styled Ranch style home, in Santa Ana. According to City building records, it was built in 1955 by builder Arthur Herrick for approximately $16,000. The house was first owned by Richard Charles Marshall and wife Fern B. Marshall. They resided on the property with their two children, Dennis R. and Diane E. Marshall, who both attended Santa Ana High School and Santa Ana College. Richard was born in Illinois and Fern was born in Minnesota, but they moved to Santa Ana in the late 1940s. Richard managed a furniture store along Main Street. Occupancy records show that the Marshall's resided on the property until the late 1960s. The R.C. Marshall House is a one-story single-family residence on a large parcel, sited with a deep setback from West Riviera Drive and displaying the Colonial Revival variant of the Ranch style. An attached two -car garage is located behind (south of) the south end of the east elevation facing North Westwood Avenue and is connected by a breezeway. The house and garage delineate a reversed "L" -shaped plan, which embraces a generously sized rear yard. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a rambling plan and a moderately - pitched, gabled and hipped roof. The exterior of the house is clad in a combination of exterior materials including shakes, brick, stucco, and wood. Offset from the center of the primary (north) elevation to the west, the front entry features a recently replaced front door and sidelight, designed to be compatible with the Colonial Revival Ranch style and the date of construction. Widely spaced across the primary elevation, a series of steel, multi -light casement windows are flanked by decorative window shutters. The westernmost window is crowned with a front gablet that breaks through the modestly overhanging eaves. At the east end of the north elevation, a smaller, side -gabled wing is set back from the north and contains two steel casement windows on its east elevation, distinguished by diamond window pane patterning and shaded by a fabric awning. A centralized, interior brick chimney rises above the roofline. Alterations to the house include the removal of the original wood shake roof, replacement of the front entry door and sidelight, and replacement of the garage door. Character -defining features of the R.C. Marshall House include, but may not be limited to: horizontal massing and composition; combination of exterior materials including shakes, brick, stucco, and wood; steel fenestration (multi -light and diamond -paned casement Bittd@icdi�edources Commission 1 E2-2B4 109Y8/2022 HRCA No. 2021-28, HRC 2022-13, HPPA No. 2022-16 — R.C. Marshall House September 8, 2022 Page 3 windows); decorative window shutters; and front gablet surmounting the window west of the front entry. The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival Styled Ranch architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. Bittd@icdi�edources Commission 1 M-05 109Y8/2022 HRCA No. 2021-28, HRC 2022-13, HPPA No. 2022-16 — R.C. Marshall House September 8, 2022 Page 4 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-80 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,179.26 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@iedi�edources Commission 1 E2-21ID6 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-28 TO PLACE THE PROPERTY LOCATED AT 1128 W. RIVIERA DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-13 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 8, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-28) and categorization (Historic Resources Commission Categorization No. 2022-13) of the R.C. Marshall House located at 1128 W. Riviera Drive, Santa Ana. B. The R.C. Marshall House has distinctive architectural features of the Ranch style and was built in 1955. C. The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival Styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival Styled Ranch architecture. Character -defining features of the R.C. Marshall House include, but may not be limited to: horizontal massing and composition; combination of exterior materials including shakes, brick, stucco, and wood; metal, fenestration (multi -light and diamond paned casement windows); decorative window shutters and fabric awnings; and front gablet surmounting the window west of the front entry. D. The legal owner of the property is Marny Gae Renteria. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Bittc@iedi�edources Commission 1E2-25)7 109Y8/2022 Resolution No. 2022-XXX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-80 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2021-28 to place the R.C. Marshall House located at 1128 W. Riviera Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-13 placing the R.C. Marshall House located at 1128 W. Riviera Drive, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 1 E2-2B8 109V8/2022 Resolution No. 2022-XXX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �� John M. Funk Chief Assistant City Attorney AYES: NOES: Commission members Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@iedi�edources Commission 1E2-7F9 109Y8/2022 Resolution No. 2022-XXX Page 3 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-172-17 1128 W. Riviera Drive THAT PORTION OF LOT 9 OF Marny Gae THE BATES TRACT, IN THE Renteria CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 96, MISCELLANEOUS RECORDS OF ORANGE COUNTY, DESCRIBES AS FOLLOWS: BEGINNING AT A POINT THEREON SOUTH 150 01' 48" EAST 60.00 FEET FROM THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET, THE INITIAL RADIAL LINES BEARS AT SAID POINT, SOUTH 150 01' 48" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 950 39' 58", AN ARC DISTANCE OF 25.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 770.00 FEET; THENCE SOUTHERLY Resolution No. 2022-XXX Bittd@iodi�edources Commission 1 E2-3BDO 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 ALONG SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE 90 20' 00", AN ARC DISTANCE OF 125.43 FEET: THENCE SOUTH 820 37' 08" WEST 78.46 FEET TO THE SOUTHEAST CORNER OF LOT 5 OF SAID TRACT NO. 1740; THENCE NORTH 11 ° 00' 00" WEST ALONG THE EASTERLY LINE OF SAID LOT 5, 127.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1030.00 FEET. THE INITIAL RADIAL LINE AT SAID POINT BEARS NORTH 17' 15' 05" WEST: THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1 ° 06' 46", AN ARC DISTANCE OF 20.00 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 970.00 FEET; THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 3° 20' 02", AN ARC DISTANCE OF 56.44 FEET TO THE POINT OF BEGINNING. Resolution No. 2022-XXX Bittc@iedi�edources Commission 1E2-3D1 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2021-28 and Historic Resources Commission Categorization No. 2022-13 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1128 W. Riviera Drive, historically known as the R.C. Marshall House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 1 M-3112 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Marny Gae Renteria, an Unmarried Woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 1128 W. Riviera Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1128 W. Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bibtd@iedi�edources Commission 1 M-303 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. BibtdTiedi�edources Commission _ 2 1 M-30-4 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission _ 3 1 M—AH5 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1128 W. Riviera Drive, Assessor Parcel Number, 001-172-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 1M-306 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Marny Gae Renteria 1128 W. Riviera Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 1M-3(E7 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 1 M-3KEB 109Y8/2022 ATTEST: MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: MARNY GAE RENTERIA APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MINH THAI Executive Director Planning and Building Agency Bihtd@iedi�edources Commission 7 _ 1 M-3199 109Y8/2022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 96, MISCELLANEOUS RECORDS OF ORANGE COUNTY, DESCRIBES AS FOLLOWS: BEGINNING AT A POINT THEREON SOUTH 150 01' 48" EAST 60.00 FEET FROM THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15.00 FEET, THE INITIAL RADIAL LINES BEARS AT SAID POINT, SOUTH 15° 01' 48" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 950 39' 58", AN ARC DISTANCE OF 25.05 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 770.00 FEET; THENCE SOUTHERLY ALONG SAID COMPOUND CURVE, THROUGH A CENTRAL ANGLE 9° 20' 00", AN ARC DISTANCE OF 125.43 FEET: THENCE SOUTH 82' 37' 08" WEST 78.46 FEET TO THE SOUTHEAST CORNER OF LOT 5 OF SAID TRACT NO. 1740; THENCE NORTH 11 ° 00' 00" WEST ALONG THE EASTERLY LINE OF SAID LOT 5, 127.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1030.00 FEET. THE INITIAL RADIAL LINE AT SAID POINT BEARS NORTH 170 15' 05" WEST: THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10 06' 46", AN ARC DISTANCE OF 20.00 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 970.00 FEET; THENCE NORTHEASTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 3° 20' 02", AN ARC DISTANCE OF 56.44 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 001-172-17 Bibtd@iedi�edources Commission 8 1 M-3v 109Y8/2022 EXECUTIVE SUMMARY R.C. Marshall House 1128 W. Riviera Drive Santa Ana, CA 92706 NAME R.C. Marshall House REF. NO. ADDRESS 1128 W. Riviera Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1955 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival styled Ranch architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Big)cftLRedources Commission 1 M-31.91 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) R.C. Marshall House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 1128 W. Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-172-17 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Occupying the southwest corner of West Riviera Drive and North Westwood Avenue in West Floral Park, the R. C. Marshall House is a one-story single-family residence on a large parcel, sited with a deep setback from West Riviera Drive and displaying the Colonial Revival variant of the Ranch style. An attached two -car garage is located behind (south oo the south end of the east elevation facing North Westwood Avenue and is connected by a breezeway. The house and garage delineate a reversed 1 "-shaped plan, which embraces a generously sized rear yard. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a rambling plan and a moderately -pitched, gabled and hipped roof. The exterior of the house is clad in a combination of exterior materials including shakes, brick, stucco, and wood. Offset from the center of the primary (north) elevation to the west, the front entry features a recently replaced front door and sidelight, designed to be compatible with the Colonial Revival Ranch style and the date of construction. Widely spaced across the primary elevation, a series of steel, multi -light casement windows are flanked by decorative window shutters. The westernmost window is crowned with a front gabeet that breaks through the modestly overhanging eaves. At the east end of the north elevation, a smaller, side -gabled wing is set back from the north and contains two steel casement windows on its east elevation, distinguished by diamond windowpane patterning and shaded by a fabric awning. A centralized, interiorbrick chimney rises above the roofline. Alterations to the house include the removal of the original wood shake roof, replacement of the front entry door and sidelight, and replacement of the garage door. Other than the relatively minor noted changes, the house appears intact and is in good condition. The property is landscaped with a lawn, low vegetation and mature trees. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view southwest January 2022 *P6. Date Constructed/Age and Sources: ■historic 19551 City of Santa Ana Building Permits *P7. Owner and Address: Marni Gardot 1128 W. Riviera Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record D R 523A '19xi �tZLM6W'698'e's'dborWrT is'�lc?nr "stl 1 T—M 1 091(s/402ed information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: R.C. Marshall House 131. Historic Name: R.C. Marshall House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): June 8, 1955. Constructed. $16,000. August 3, 1955. Plastering for R. C. Marshall by A. Engverson. July 12, 1985. Add A/C condenser. May 8, 1980. Reroof single-family residence and attached garage. $9, 963. November 29, 2006. Tear -off wood shakes and apply Premium Duralite Tile. $14,500. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: Attached Garage. B9a. Architect: Unknown Original location: b. Builder: Arthur Herrick *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1955 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R.C. Marshall House is architecturally significant as a representative example of a Colonial Revival styled Ranch style home, in Santa Ana. According to City building records, it was built in 1955 by builder Arthur Herrick for approximately $16,000. The house was first owned by Richard Charles Marshall and wife Fern B. Marshall. They resided on the property with their two children, Dennis R. and Diane E. Marshall, who both attended Santa Ana High School and Santa Ana College. Richard was born in Illinois and Fern was born in Minnesota, but they moved to Santa Ana in the late 1940s. Richard managed a furniture store along Main Street. Occupancy records show that the Marshall's resided on the property until the late 1960s. Little information is available regarding occupancy of the residence after 1970. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Bit, clZicl_Redources Commission DPR 523B (1/95) Sketch Map R.C. Marshall House 1128 W. Riviera Drive MVERA 0 o m� o � [71 N 1 T—Ti 100Y8/2022 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: R.C. Marshall House 'Recorded by Pedro Gomez "Date September 8, 20220 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the R.C. Marshall House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The R.C. Marshall House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of a Colonial Revival styled Ranch style home in Santa Ana. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a representative example of Colonial Revival Styled Ranch architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the R.C. Marshall House include, but may not be limited to: horizontal massing and composition; combination of exterior materials including shakes, brick, stucco, and wood; steel fenestration (multi -light and diamond -paned casement windows); decorative window shutters; and front gablet surmounting the window west of the front entry. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. Bib)clZbLRedources Commission 1 M—TL4 DPR 523L 10OV812022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 1 M—TM 10OV812022 MILLS ACT AGREEMENT 1128 W. Riviera Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 1M—TWO 109Y8/2022 ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com SARAH BERNAL CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1128 W. Riviera Drive To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2022 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $117.80 Total $117.80 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 IIII IIII IIII I IIII I IIII I IIII I IIII III IIII IIII III III I II IIII II III III III OR# 3619727 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1128 W. Riviera Drive (historically known as the R.C. Marshall House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Marry Gae Renteria Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-28, Historic Register Categorization No. 2022- 13, and Historic Property Preservation Agreement No. 2022-16 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-80 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- particpation. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the Project Location in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana. pri megov.com/pu bl i c/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas an espafiol, favor de Ilamar a Narcedalia Perez at (714) 667- 2260 . Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627. 8/26/22 OR-3619727# 109V8/2022 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1128 W. Riviera Drive (historically known as the R.C. Marshall House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Marny Gae Renteria Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2021-28, Historic Register Categorization No. 2022-13, and Historic Property Preservation Agreement No. 2022-16 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-80 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(c�santa-ana.orq (reference the topic in the subject line) or mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Bittd@icdi�edources Commission 1 M—T109Y8/2022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(a-).santa-ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez (714) 667-2260. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. Publish: OC Rennrter Date: AugusiaWdMffiedources Commission 1 M—MJ 100Y8/2022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Katherine Canada, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 2425 N. Valencia Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2425 N. Valencia Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 18 — 321 10/18/2022 Exhibit 13 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council _ 2 18 — 322 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the City Council 3 18 — 323 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2425 N. Valencia Street, Assessor Parcel Number, 003-082-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying City Council 4 18 — 324 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Katherine Canada 2425 N. Valencia Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. City Council 5 18 — 325 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 6 18 — 326 10/18/2022 ATTEST: Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:-! JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: KATHERINE CANADA RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 18 — 327 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 IN BLOCK "B" OF TRACT 359 AS PER MAP THEREOF RECORDED IN BOOK 15, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. Assessor's Parcel Number: 003-082-09 City Council 8 18 — 328 10/18/2022 EXECUTIVE SUMMARY Exhibit B P.A. Hooven House 2425 N. Valencia Street Santa Ana, CA 92706 NAME P.A. Hooven House REF. NO. ADDRESS 2425 N. Valencia Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The P.A. Hooven House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood and is a representative example of Tudor Revival architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation City Council 18 — 329 10/18/2022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 3 Resource name(s) or number (assigned by recorder) P.A. Hooven House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Orange Quadrangle 2022 Date: April 7, 2022 *c. Address 2425 N. Valencia Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 003-082-09 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Park Santiago, the P.A. Hooven House is a one -and -a -half story residence that exhibits features characteristic of the Tudor Revival architectural style in southern California. Asymmetrical in design, the house exhibits a steeply pitched, cross -gabled roof covered with composition shingle and no overhanging eaves. The exterior of the house is clad in a combination of shake and stucco. Detailing typical of the style includes the bellcast front slope of the side gable, extended forwards into a hood over a fagade window, and the tall, narrow, and round -headed attic vents. The U-shaped fagade embraces an open patio that leads to the primary, west -facing entry, a prairie style entry door with two sidelights. A second entry, consisting of a prairie style french door, faces south onto the patio from the projecting north wing.. The primary (west) elevation features multi -paned, wood -framed windows, most prominently a round -headed window centered on the north wing that illuminates the living room and its barrel-vaulted ceiling. The fenestration along the north, south, and east elevations consists of double -hung, wood -framed windows. The property appears to be substantially intact, although the upper story was converted into living space at one point; other than a front -gabled dormer, this modification is not visible from the front. A "hollywood" style driveway along the south elevation leads to a detached, one-story, three -car garage, which is side -gabled and also clad in stucco. The original garage was enlarged in 1958 to accommodate a third car. The property is landscaped with low vegetation, neatly trimmed hedges, trees, and features a stone walkway leading to the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation, view east July 2022 *P6. Date Constructed/Age and Sources: ■historic 19251 County of Orange Records *P7. Owner and Address: Katherine Canada 2425 N. Valencia Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑ArtifCI Gthop (wit) City Council 18 — 330 10/18/2022 DPR 523A (1/95) *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: P.A. Hooven House 131. Historic Name: P.A. Hooven House 132. Common Name: None 133. Original Use: Single -Family Residence 134. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Original building permit not located. April 26, 1933. Rebuild fireplace chimney. $10. March 4, 1946. Reroof for Mrs. Hoover by H. Bosworth. $230. February 11, 1958. Detached garage by Gale Grant. $400. December 1, 1958. Plastering by Gale Grant. August 13, 1964. Reroof, add window, and repair termite damage by Gale Grant. $1,000. January 7, 1969. Add to side of garage. $318. November 10, 2003. Reroof house only, tear -off wood shakes and apply composition shingle. $3,130. November 10, 2008. Create new mandoor at den area and change out two upstairs windows. $3,000. September 8, 2010. Reroof garage only. $4, 000. March 29, 2022. Tear -off existing roof material and install new comp shingle to SFD only. $20, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1925 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The P.A. Hooven House is architecturally significant as a characteristic example of the Tudor Revival style. The original building permit was not located. The earliest record shows a series of occupants between 1933 -1944, including Vincent Tortaglea (1933), R.B. Stedman (1934-1935), G.H. Walker (1936-1938), and R.G. Robbins (1939-1944). Mrs. R.B. Stedman was a member of the Garden Study Club and a gardening enthusiast, who would regularly host gardening events at the property. The home was sold to P.A. Hooven and his wife in 1941. Mrs. P.A. Hooven was an avid golfer who frequented Willowick Golf Club. Mr. and Mrs. P.A. Hooven resided on the property until 1956 when it was sold it K.W. Eppert. The property was soon after sold to Gale Grant who resided on the property until the late 1960s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Sketch Map P.A. Hooven House 2425 N. Valencia Street r I-__ r � o ory O O C o Ob 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: P.A. Hooven House *Recorded by Pedro Gomez *Date September 8, 2022 El Continuation ❑ Update *1310. Significance (continued): The P.A. Hooven House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War Il. The P.A. Hooven House is eligible for the Santa Ana Register under Criterion 1 as a representative example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Park Santiago and is a representative example of Tudor Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features exhibited by this property include its steeply pitched, cross -gabled roof,- asymmetrical massing with a U-shaped fagade; bellcast front slope of the side gable; stucco - covered exterior, and multi -paned, wood -framed windows, including a prominent round -headed window illuminating the barrel-vaulted ceiling living room. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. City Council DPR 523L 18 — 332 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 1 18 — 333 10/18/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 2 18 — 334 10/18/2022 Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 8, 2022 Topic: HRCA No. 2022-14, HRC 2022-14, HPPA No. 2022-17 — P.A. Hooven House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022- 14 and Historic Register Categorization No. 2022-14 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Katherine Canada, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Katherine Canada is requesting approval to designate an existing residence located at 2425 N. Valencia Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of Valencia Street in the Park Santiago neighborhood. The site contains a 1,526-square-foot, Tudor Revival style residence and detached garage on an 8,200-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails Bittd@icdi�edources Commission 1 M-3135 109Y8/2022 HRCA No. 2022-14, HRC 2022-14, HPPA No. 2022-17 — P.A. Hooven House September 8, 2022 Page 2 applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 97 years old and is a good example of period architecture. No known code violations exist on record for this property. The P.A. Hooven House is architecturally significant as a characteristic example of the Tudor Revival style. The original building permit was not located. The earliest record shows a series of occupants between 1933 -1944, including Vincent Tortaglea (1933), R.B. Stedman (1934-1935), G.H. Walker (1936-1938), and R.G. Robbins (1939-1944). Mrs. R.B. Stedman was a member of the Garden Study Club and a gardening enthusiast, who would regularly host gardening events at the property. The home was sold to P.A. Hooven and his wife in 1941. Mrs. P.A. Hooven was an avid golfer who frequented Willowick Golf Club. Mr. and Mrs. P.A. Hooven resided on the property until 1956 when it was sold it K.W. Eppert. The property was soon after sold to Gale Grant who resided on the property until the late 1960s. The P.A. Hooven House is a one -and -a -half story residence that exhibits features characteristic of the Tudor Revival architectural style in southern California. Asymmetrical in design, the house exhibits a steeply pitched, cross -gabled roof covered with composition shingle and no overhanging eaves. The exterior of the house is clad in a combination of shake and stucco. Detailing typical of the style includes the bellcast front slope of the side gable, extended forwards into a hood over a fagade window, and the tall, narrow, and round -headed attic vents. The U-shaped fagade embraces an open patio that leads to the primary, west -facing entry, a prairie style entry door with two sidelights. A second entry, consisting of a prairie style french door, faces south onto the patio from the projecting north wing.. The primary (west) elevation features multi -paned, wood -framed windows, most prominently a round -headed window centered on the north wing that illuminates the living room and its barrel-vaulted ceiling. The fenestration along the north, south, and east elevations consists of double -hung, wood -framed windows. The property appears to be substantially intact, although the upper story was converted into living space at one point; other than a front -gabled dormer, this modification is not visible from the front. A "hollywood" style driveway along the south elevation leads to a detached, one-story, three -car garage, which is side -gabled and also clad in stucco. The original garage was enlarged in 1958 to accommodate a third car. The property is landscaped with low vegetation, neatly trimmed hedges, trees, and features a stone walkway leading to the front entry. Character -defining features exhibited by this property include its steeply pitched, cross -gabled roof; asymmetrical massing with a U-shaped fagade; bellcast front slope of the side gable; stucco -covered Bittd@icdi�edources Commission 1 M-3B6 109Y8/2022 HRCA No. 2022-14, HRC 2022-14, HPPA No. 2022-17 — P.A. Hooven House September 8, 2022 Page 3 exterior; and multi -paned, wood -framed windows, including a prominent round -headed window illuminating the barrel-vaulted ceiling living room. The P.A. Hooven House is eligible for the Santa Ana Register under Criterion 1 as a representative example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Park Santiago and is a representative example of Tudor Revival architecture in Santa Ana. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Bittd@icdi�edources Commission 18i—B7 109Y8/2022 HRCA No. 2022-14, HRC 2022-14, HPPA No. 2022-17 — P.A. Hooven House September 8, 2022 Page 4 Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-83 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Bittd@icdi�edources Commission 183—K8 109Y8/2022 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-14 TO PLACE THE PROPERTY LOCATED AT 2425 N. VALENCIA STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-14 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 8, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-14) and categorization (Historic Resources Commission Categorization No. 2022-14) of the P.A. Hooven House located at 2425 N. Valencia Street, Santa Ana. B. The P.A. Hooven House has distinctive architectural features of the Tudor Revival style and was built in 1925. C. The P.A. Hooven House is eligible for the Santa Ana Register under Criterion 1 as a representative example of the Minimal Traditional style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Park Santiago and is a representative example of Minimal Traditional architecture. Character -defining features exhibited by this property include its steeply pitched, cross -gabled roof; asymmetrical massing with a U- shaped facade; bellcast front slope of the side gable; stucco -covered exterior; and multi -paned, wood -framed windows, including a prominent round -headed window illuminating the barrel-vaulted ceiling living room. D. The legal owner of the property is Katherine Canada. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Bittc@iedi�edources Commission 1M—aB9 109Y8/2022 Resolution No. 2022-XXX Page 1 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-83 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-14 to place the P.A. Hooven House located at 2425 N. Valencia Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-14 placing the P.A. Hooven House located at 2425 N. Valencia Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 8t" day of September, 2022. Tim Rush Chairperson Bittd@icdi�edources Commission 18i—T40 109V8/2022 Resolution No. 2022-XXX Page 2 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: C John M. Funk Chief Assistant City Attorney AYES: NOES: Commission members Commission members NOT PRESENT: Commission members I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on September 8, 2022. Date: Commission Secretary City of Santa Ana Bittd@icdi�edources Commission 1 M-341 109V8/2022 Resolution No. 2022-XXX Page 3 of 5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 003-082-09 2425 N. Valencia Street THE LAND REFERRED TO Katherine HEREIN BELOW IS Canada SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 IN BLOCK "B" OF TRACT 359 AS PER MAP THEREOF RECORDED IN BOOK 15, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. Resolution No. 2022-XXX Bittd@icdi�edources Commission 1 M—a42 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-14 and Historic Resources Commission Categorization No. 2022-14 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2425 N. Valencia Street, historically known as the P.A. Hooven House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2022-XXX Bittd@icdi�edources Commission 1 M-343 1 T9M RE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Katherine Canada, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 2425 N. Valencia Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2425 N. Valencia Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Bibtd@iedi�edources Commission 1 M-3" 109Y8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 19, 2022, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. BibtdTiedi�edources Commission _ 2 1 M-31415 109Y8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the Bibtd@iedi�edources Commission _ 3 1 M-3146 109Y8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2425 N. Valencia Street, Assessor Parcel Number, 003-082-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Bittc@iedi�edources Commission 4 1M-3U 109Y8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Katherine Canada 2425 N. Valencia Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Bittc@iedi�edources Commission 5 1M-3141€3 109Y8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} Bibtd@iedi�edources Commission 6 1 M-31G 109Y8/2022 ATTEST: MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: KATHERINE CANADA APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MINH THAI Executive Director Planning and Building Agency Bihtd@iedi�edources Commission 7 _ 1 f-3RD 109V8/2022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 9 IN BLOCK `B" OF TRACT 359 AS PER MAP THEREOF RECORDED IN BOOK 15, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. Assessor's Parcel Number: 003-082-09 Bibtd@iedi�edources Commission 8 1 M-30 109Y8/2022 EXECUTIVE SUMMARY P.A. Hooven House 2425 N. Valencia Street Santa Ana, CA 92706 NAME P.A. Hooven House REF. NO. ADDRESS 2425 N. Valencia Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The P.A. Hooven House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Park Santiago neighborhood and is a representative example of Tudor Revival architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation Bib)d bLRedources Commission 1 M-30 10OV812022 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) P.A. Hooven House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Orange Quadrangle 2022 Date: April 7, 2022 *c. Address 2425 N. Valencia Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 003-082-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Park Santiago, the P.A. Hooven House is a one -and -a -half story residence that exhibits features characteristic of the Tudor Revival architectural style in southern California. Asymmetrical in design, the house exhibits a steeply pitched, cross -gabled roof covered with composition shingle and no overhanging eaves. The exterior of the house is clad in a combination of shake and stucco. Detailing typical of the style includes the bellcast front slope of the side gable, extended forwards into a hood over a fagade window, and the tall, narrow, and round -headed attic vents. The U-shaped fagade embraces an open patio that leads to the primary, west -facing entry, a prairie style entry door with two sidelights. A second entry, consisting of a prairie style french door, faces south onto the patio from the projecting north wing.. The primary (west) elevation features multi -paned, wood -framed windows, most prominently a round -headed window centered on the north wing that illuminates the living room and its barrel-vaulted ceiling. The fenestration along the north, south, and east elevations consists of double -hung, wood -framed windows. The property appears to be substantially intact, although the upper story was converted into living space at one point; other than a front -gabled dormer, this modification is not visible from the front. A hollywood" style driveway along the south elevation leads to a detached, one-story, three -car garage, which is side -gabled and also clad in stucco. The original garage was enlarged in 1958 to accommodate a third car. The property is landscaped with low vegetation, neatly trimmed hedges, trees, and features a stone walkway leading to the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation, view east July 2022 *P6. Date Constructed/Age and Sources: ■historic 19251 County of Orange Records *P7. Owner and Address: Katherine Canada 2425 N. Valencia Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: September 8, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523AqitafPW3edources Commission 1 M-30 1 O9Y84Q2�ed information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: P.A. Hooven House 131. Historic Name: P.A. Hooven House B2. Common Name: None B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Original building permit not located. April 26, 1933. Rebuild fireplace chimney. $10. March 4, 1946. Reroof for Mrs. Hoover by H. Bosworth. $230. February 11, 1958. Detached garage by Gale Grant. $400. December 1, 1958. Plastering by Gale Grant. August 13, 1964. Reroof, add window, and repair termite damage by Gale Grant. $1,000. January 7, 1969. Add to side of garage. $318. November 10, 2003. Reroof house only, tear -off wood shakes and apply composition shingle. $3,130. November 10, 2008. Create new mandoor at den area and change out two upstairs windows. $3,000. September 8, 2010. Reroof garage only. $4, 000. March 29, 2022. Tear -off existing roof material and install new comp shingle to SFD only. $20, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1925 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The P.A. Hooven House is architecturally significant as a characteristic example of the Tudor Revival style. The original building permit was not located. The earliest record shows a series of occupants between 1933 -1944, including Vincent Tortaglea (1933), R.B. Stedman (1934-1935), G.H. Walker (1936-1938), and R.G. Robbins (1939-1944). Mrs. R.B. Stedman was a member of the Garden Study Club and a gardening enthusiast, who would regularly host gardening events at the property. The home was sold to P.A. Hooven and his wife in 1941. Mrs. P.A. Hooven was an avid golfer who frequented Willowick Golf Club. Mr. and Mrs. P.A. Hooven resided on the property until 1956 when it was sold it K.W. Eppert. The property was soon after sold to Gale Grant who resided on the property until the late 1960s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: September 8, 2022 (This space reserved for official comments.) Sketch Map P.A. Hooven House 2425 N. Valencia Street J IL__ r e £OGEWPOD -� ROAD - '... n O O T- a $- S 4 N DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: P.A. Hooven House 'Recorded by Pedro Gomez "Date September 8, 2022 0 Continuation ❑ Update *610. Significance (continued): The P.A. Hooven House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War 11. The P.A. Hooven House is eligible for the Santa Ana Register under Criterion 1 as a representative example of the Tudor Revival style in Santa Ana. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Park Santiago and is a representative example of Tudor Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features exhibited by this property include its steeply pitched, cross -gabled roof, asymmetrical massing with a U-shaped fagade; bellcast front slope of the side gable; stucco - covered exterior; and multi -paned, wood -framed windows, including a prominent round -headed window illuminating the barrel-vaulted ceiling living room. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry. com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Bib)clZbLRedources Commission 1 M-05 DPR 523L 10OV812022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Bibtd@iedi�edources Commission 1 1 M-3M3 10OV812022 MILLS ACT AGREEMENT 2425 N. Valencia Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Bittc@iedi�edources Commission 2 1M-3H7 109Y8/2022 ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com SARAH BERNAL CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2425 N. Valencia Street To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2022 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $116.25 Total $116.25 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 IIII IIII IIII I IIII I IIII I IIII I IIII III IIII IIII III III I II IIIIII I III II III 11 t II I OR# 3619728 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2425 N Valencia Street (historically known as the P.A. Hooven House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Katherine Canada Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-14, Historic Register Categorization No. 2022- 14, and Historic Property Preservation Agreement No. 2022-17 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-83 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in this in -person meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the Project Location in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.pdmegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas an espafiol, favor de Ilamar a Narcedalia Perez at (714) 667- 2260 . Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627. 8/26/22 OR-3619728# 109V8/2022 CITY OF SANTA ANA -L' Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2425 N Valencia Street (historically known as the P.A. Hooven House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Katherine Canada Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-14, Historic Register Categorization No. 2022-14, and Historic Property Preservation Agreement No. 2022-17 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022-83 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 8, 2022, at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(asanta-ana.orq (reference the topic in the subject line) or mail to Christina Leonard, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Bibtd LRedources Commission 1 M—M) 1091(8/2022 Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(asanta-ana.orq or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez (714) 667-2260. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP Publish: OC Reporter Date: Auguslaft Fi�edources Commission 1 M-3m 10OV812022 Police Department www.santa-ana.org/pd Item # 19 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Public Safety Video Surveillance System Repairs AGENDA TITLE: Approve Second Amendment to the Agreement with Siemens Industry, Inc. in the amount of $37,000 for Public Safety Video Surveillance System Repairs (General and Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with Siemens Industry, Inc. in an amount not to exceed $37,000 for repairs and replacement of surveillance camera components, for a total aggregate amount not to exceed $3,419,870 during the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2010, the City of Santa Ana contracted with Siemens Inc. to design and install a video surveillance system to encompass the Police Department and the Santa Ana Civic Center. Since then, the contract has expanded to encompass various locations throughout the city, including the Jail facility, seven parks, Main Library, and the downtown area. On October 20, 2020, the City Council authorized a new master services agreement with Siemens Industry, Inc. for a three year period, plus two one-year extensions. This agreement committed to increasing the system's capabilities and added new camera installations at City Hall, City Yard, and Newhope Library, with plans to implement camera systems at up to six additional parks throughout the city. Under the current agreement, each respective stakeholder pays a prorated portion into the contract to support their respective camera systems: Santa Ana Police Department, Santa Ana Jail, Library, Parks, and Downtown Santa Ana (Community Development Agency). The current contract covers general maintenance and upkeep, but does not cover damages resulting from criminal acts such as vandalism or theft. Over the past calendar year, there has been an increase in vandalism to all Santa Ana video surveillance systems that disabled or destroyed the cameras and their support City Council 19 — 1 10/18/2022 Public Safety Video Surveillance System Repairs October 18, 2022 Page 2 equipment. Cameras in the parks have been destroyed with spray paint, lighters (which are used to melt the lenses), or have had their electronic components removed or stripped. The theft of electronic components has also affected the downtown area, where some cameras have been moved or made into hard targets with hidden wiring and protective shells to prevent damage. Siemens has year-to-date covered approximately $47,000 in damages due to vandalism, which are not covered or outlined in the current agreement. To address this on -going issue, staff recommends amending the master services agreement with Siemens to compensate the consultant for any repairs not covered under the current contract, up to a maximum of $37,000 per year. The current agreement terminates on October 31, 2023, unless the option to extend the agreement is exercised. Each department will authorize the repair and/or replacement of the damaged or stolen components before any work is done. The exhibit to the amendment specifies the labor rates and replacement costs for various components. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this amendment are available in the following accounts, if necessary, during the current FY 2022-23 up to a maximum of $37,000 total: Dept. Accounting Unit — Fund Description Accounting Unit — Account No. Account No. Description Police 01114403-62300 General Fund Building & Facility, Contract Services Police 01114475-62300 General Fund Jail Operations, Contract Services Park Maintenance Service Parks 01117651-62320 General Fund Enhancement, Maintenance & Repair Buildings & Ground Library 01111110-62300 General Fund Library - Administration, Contract Services CDA 02718133-62300 Parking Enterprise Downtown Enhancement, Contract Services The exact amount for the various departments and account identified above will depend on the actual locations that may require repairs. Any unspent amount will be available for carry forward for possible expenditure during July — October 2023. EXHIBIT(S) 1. Second Amendment to Siemens Agreement Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 19 — 2 10/18/2022 SECOND AMENDMENT TO MASTER SERVICES AGREEMENT FOR ON -GOING CITYWIDE VIDEO SURVEILLANCE TO PROVIDE MAINTENANCE AND REPAIR SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on October 18, 2022, by and between Siemens Industry, Inc. ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 20, 2020, the City and Consultant entered into a Master Services Agreement (A- 2020-202) ("MSA") for Consultant to provide maintenance and repair services for the City's Public Safety Video Surveillance System, and potential installation services, on an as -needed basis. The selected vendor would be responsible for working closely with the City's Project Team and other City Stakeholders, in order to maintain the system's efficiency and operational currency within the industry. The MSA is currently in effect through October 31, 2023. B. On May 17, 2022, the Parties entered into a First Amendment to the Agreement (#A-2022- 075) to increase the scope of services, increase compensation, and amend the insurance requirements related to the expanded scope of services. C. Due to increased vandalism to equipment utilized under the MSA, and in accordance with its terms and conditions, the Parties now desire to amend the MSA to increase the scope of services and compensation for services to cover costs for the replacement of any vandalized equipment. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include Exhibit A-1 to the Second Amendment (attached hereto) detailing the additional services by Consultant. 2. Section 2, Compensation, is hereby amended to increase the compensation consistent with the rates and services detailed in Exhibit A-1 to the Second Amendment by an additional $37,000. The total amount to be expended during the term of the MSA shall not exceed $3,419,870. 3. Except as modified by this Second Amendment, all other terms and conditions of the MSA, as amended, shall remain in full force and effect. [signature page to follow] City Council 19 — 3 10/18/2022 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the MSA on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: u TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Electronically signed by: Cynthia Eng Date: Sep 21. 2022 09:28 PDT Name: Cynthia Eng Title: Branch General Manager City Council 19 — 4 10/18/2022 SIEMENS 41"t � -ry r (;fv- SERVICE PROPOSAL Jonathan So 6141 Katella Ave. Cypress, CA 90630 Phone: (657) 298-0954 Proposal: Officer Michael Smith 60 Civic Center Plaza, Santa Ana, CA 92701 Scope of Work: Labor Rates: Normal Rates Overtime Rates Emergency Rates $205.00 $245.00 $305.00 Material Rates: PTZ $2,500.00 Domes Enclosures $500.00 $1,000.00 Exhibit A-1 to Second Amendment Date: June 22nd, 2022 Proposal No: COSA062222 Additional Materials such as Switches, Conduit, Patch Panels $250.00 City Council 19 — 5 10/18/2022 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Agreement with Seaside Ice, LLC dba Ice -America AGENDA TITLE: Agreement with Seaside Ice, LLC, dba Ice -America, for a Seasonal Ice Rink and Related Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice - America, for a total amount not to exceed $707,062, which includes the base amount of $646,462 and a contingency amount of $60,600, for a term beginning October 18, 2022 and ending January 31, 2023, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana will host the second annual outdoor, family -friendly winter event in the Civic Center for Santa Ana residents and the surrounding communities. The event will feature an ice-skating rink, food, holiday decor, and seasonal activities to be open to the public from December 8, 2022 through January 8, 2023. Seaside Ice, LLC, dba Ice - America, will provide the installation and operation of a seasonal, portable ice rink and additional related services, including all necessary equipment and labor, experienced ice rink operations staffing, marketing, decorations, and lighting (Exhibit 1). Staff may use existing City contracts for support services, such as security and cleaning, and will seek City Council approval for those items in the future, as needed. Ice -America has provided ice rink services since 2008 and is the exclusive distributor of the trademarked Ice -World aluminum ice rink system in the U.S. and Canada. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this project are budgeted and available in the account below. Upon approval of the agreement, $348,231 shall be made payable to Ice -America. This amount includes a $50,000 deposit to secure ice rink services and $298,231, which is 50 percent of the remaining base amount due. The outstanding balance of $298,231 shall be made payable to Ice -America upon opening of the Winter Village event. City Council 20-1 10/18/2022 Agreement with Seaside Ice, LLC dba Ice -America October 18, 2022 Page 2 Fiscal Accounting Unit -Fund Accounting Unit, Amount Year Account# Description Account Description 22-23 01113230-62300 General Fund PRCSA-Recreation & $707,062 Comm. Svc, Contract Services -Professional The City expects to recuperate a portion of the event production cost through ticket sales. These revenues will be received into the account below. Fiscal Accounting Unit -Fund Accounting Unit, Amount Year Account# Description Account Description 22-23 01113002-53331 General Fund Rec Comm Svs- $120,000 Mgrl/Support Svs, City Events EXHIBIT(S) 1. Agreement Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 20 — 2 10/18/2022 AGREEMENT WITH ICE-AMERICA TO PROVIDE AN OUTDOOR HOLIDAY ICE SKATING RINK FOR WINTER VILLAGE 2022 THIS AGREEMENT is made and entered into on this 18th day of October, 2022, by and between Seaside Ice, LLC, a California limited liability company doing business as Ice -America ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Contractor and City are also referred to collectively as "the Parties" or individually as a "Party." RECITALS A. The City desires to retain a contractor having special skill and knowledge regarding the installation, providing of equipment, and maintenance of a portable outdoor ice-skating rink in the City and to provide support services for operation of this ice skating rink. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall construct, provide all equipment for, and operate a portable outdoor ice rink of 82 feet x 50 feet (4100 square feet) in a location specified by the City and as set forth in detail in Contractor's proposal, attached hereto as Exhibit A, and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed Seven Hundred Seven Thousand, Two Hundred Sixteen Dollars and Zero Cents ($707,062). This sum is comprised of (1) the base amount of $646,462 and (2) a contingency in the amount of $60,600 in case the event requires additional generator power. b. Payment of deposit in the amount of Fifty Thousand Dollars and Zero Cents ($50,000) shall be processed and made available, subject to City accounting procedures, for FedEx to Contractor on 10/19/22. c. Payment of Fifty Percent (50%) of base amount, Two Hundred Ninety -Eight Thousand, Two Hundred Thirty -One Dollars and Zero Cents ($298,231), shall be processed and made available, subject to City accounting procedures, for FedEx to Contractor on 10 City Council 20 — 3 10/18 02 10/19/22. d. Payment of remaining balance of base amount, Two Hundred Ninety -Eight Thousand, Two Hundred Thirty -One Dollars and Zero Cents ($298,231), shall be paid upon the Winter Village Event opening, subject to City accounting procedures. e. 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 end on January 31, 2023, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 10 City Council 20 — 4 10/18 022 a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 10 City Council 20-5 10/18 022 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required polices provide claims -made coverage: i. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. 10 City Council 20 — 6 10/18 022 The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed 10 City Council 20 — 7 10/18 022 under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 10 City Council 20 — 8 10/18 022 Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 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, 10 City Council 20 — 9 10/18 022 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. 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, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-571-4211 To Contractor: Seaside Ice, LLC (dba Ice -America) Attn: Scott Williams, Managing Member 807 Sprucelake Drive Harbor City, CA 90710 10 City Council 20 — 10 10/18 022 And: Agent for Service of Process: Scott Williams 501 Herondo Street, Suite 56 Hermosa Beach, CA 90254 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. FORCE MAJEURE Should the performance of any act required by this Agreement to be performed by either City or Contractor be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations of any kind including those regarding the COVID-19 pandemic, or any other cause except for financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused, provided, however, that nothing contained in this section shall excuse the performance of any act rendered difficult solely because of the financial condition of the Party, City or Contractor, required to perform the act. 21. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. This Agreement may be signed in counter parts with each part or signature page compiled into one original document. The Parties agree that this Agreement may be signed using an electronic signature by any means that reasonably ensures authenticity. [signature page to follow] 10 City Council 20 —11 10/18 022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bran on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Hawk Scott Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager SEASIDE ICE, LLC dba ICE-AMERICA &aGylz.11G7#1f Scott Williams (Oct 10, 202215:10 PDT) Scott Williams Managing Member 10 City Council 20 — 12 10/1 M22 EXHIBIT A City Council 20 — 13 10/18/2022 portable iv_e rinKs ICEmAMERICA To: City of Santa Ana Attn: Timothy Pagano Executive Director / Parks & Recreation 20 Civic Center Plaza Santa Ana, CA 92701 tpagano@santa-ana.org Date: September 1, 2022 Subject: Santa Ana Outdoor Holiday Ice Skating Rink Proposal Dear Timothy: Thank you for the opportunity to present a proposal for a turnkey portable ice rink and related operations to the City of Santa Ana. It was a pleasure to provide the ice rink for the City last season and we welcome the opportunity to discuss the upcoming 2022-23 winter ice rink further at your convenience. We have included our general proposal below for discussion purposes and as a framework for an agreement for services. Part One of the proposal includes our exclusive Ice -World trademarked aluminum ice rink elements the ice rink dasher boards, all necessary equipment and labor, as well as our other exclusive products and experienced ice rink operations staffing. Part Two of the proposal focuses on event enhancements, including marketing, decorations, lighting, additional activities, a market, and food and beverage components. All items are optional and can be selected or modified as requested. The proposal is based on a service for fee model. The pricing shown is valid for the project if we receive an event hold deposit of $50,000 upon execution of an initial agreement, and enter into an additional agreement to receive the remaining balance for a November -January seasonal ice rink. Please let us know if you have any questions or would like any more information. We look forward to hearing from you. Best regards, Scott Williams Member Manager Seaside Ice, LLC DBA Ice -America 807 Sprucelake Drive, Harbor City, CA 90710 1 Xei. 113=6_9422 City Council swilliams@ice-ar7aicallAm 10/18/2022 Ice-America.com pc3r-LeEml3hE! iuiE! rinkEm- ICE-AMERICA Santa Ana Outdoor Holiday Ice Skating Rink Proposal nFy any W F*jvA 807 Sprucelake Drive, Harbor City, CA 90710 2 le.j. 0423 City Council swilliarnsgice-an7aicallArn 10/18/2022 Ice-America.com portable iV-e rinks ICEmAMERICA I. Ice -America Qualifications and Experience Background: Ice -America is the exclusive distributor of the Ice -World aluminum ice rink system in the U.S.A. and Canada. This highly engineered system by Ice -World is annually installed in over 600 locations world-wide, and Ice -America has the full support of the Ice -World engineering team. In addition, All Access Staging & Productions is Ice - America's partner, providing staging and flooring expertise, as well as warehousing, installation, and production support. Ice -America is a dba of Seaside Ice, LLC, and has been providing ice rink services as outlined in this proposal since 2008. In addition, our principals have been producing ice skating rink events since 1997. Our partner Ice -World has been operating ice rinks since 1996. Sample of Ice -America Rinks: • Kings Island - Cedar Fair Parks Contact: Jamie Gaffney 513-754-5718 • Feld Productions - Disney On Ice Contact: Roy Fullgrapp 941-737-2978 • The Rink at The Cosmopolitan of Las Vegas Contact: Fedor Banuchi 702-698-7134 • The Rink in Downtown Burbank Contact: Marissa Minor 818-238-5170 • Temecula On Ice at Old Town Temecula Contact: Dawn Adamiak 951-693-3947 • LEGOLAND (theme park attraction) Contact: Laura Lee Juliano 760-918-5452 • Navy Pier, Chicago (winter wonderland) Contact: Patrick Gardner 312-595-5038 • SeaWorld Orlando (ice show rink) Contact: Cindi Miller 407-370-1334 • The Classic Center & UGA Hockey Team (NHL hockey rink) Contacts: Paul Cramer 706-208-0900 John Hoos 706-255-7485 • The Ice Rink at South Shore Alameda Contact: Michael Liberatore 510-521-8100 • Reno Aces Contact: Eric Edelstein 775-334-7023 • Downtown Oakland Contact: Andrew Jones 510-384-7874 • Port Angeles Regional Chamber 807 Sprucelake Drive, Harbor City, CA 90710 3 Xei. 113=6_9422 City Council swilliams@ice-ar7aicall&m 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA Contact: Marc Abshire 360-452-2364 • The Oregon Garden Contact: Christine Diacetes 503-874-2510 • City of Hillsboro Contact: Iris Ringer 503-615-3410 • Santa Anita Racetrack Contact: Leonardo Marcos 626-574-6486 • Tahoe City PUD Contact: Kay Berntson 530-580-6050 • Promenade Ice Chalet Contact: Cortney Medak 310 541-0688 x504 Events Produced & Promoted by the Ice -America Team: Brian Boitano Skating Spectacular (NBC) All That Skate (NBC) - Staples Center World Figure Skating Championships - Staples Center The American Open Pro Figure Skating Championships (Comcast) Champagne On Ice Skate of Champions Beverly Hills On Ice Client Comments: I truly enjoyed working with you and your team -you guys are top notch. Very professional, kind, easy to work with and you delivered on every single aspect of this project as agreed. In fact, Ice -America exceeded my expectations on several occasions throughout the entire project; I genuinely appreciate the sense of teamwork we developed over the pastyear. 1 hope we get to work together again soon. Laura Lee Juliano I Entertainment & Events Manager LEGOLAND® California Resort UGA Hockey Coach John Hoos: "....the ice system you have pioneered and thatyou continue to perfect allowed me bring a viable ice system to The Classic Center, and the system is large part of what allowed the idea of quick ice install and removal in very busy exhibition hall to be approved by the center and the city, and become reality .... It is the professionalism, knowledge, and execution of all of the claims of the Ice World system by Ice America, along with the dedication and work ethic of all ofyou which has made this 20+year vision of hockey in Athens a reality." 807 Sprucelake Drive, Harbor City, CA 90710 4 XV.i. 1)3=6_9423 City Council swilliams@ice-arilaicaam 10/18/2022 Ice-America.com pnrtalble Nce rl"Ks CE- MERICA PART ONE - Proposal: Santa Ana Outdoor Holiday Ice Skating Rink II. Scope of Services General Layout Drawings: �i santa ana ice rink model 807 Sprucelake Drive, Harbor City, CA 90710 5 le.i. 0423 City Council swilliams@ice-ar7aicallAm 10/18/2022 Ice-America.com O O v A rD CD c� N CDpWx OCD N O 0 n O V 0 - a f food trucks park ng wa vers k-- _t t cket off c skate rentail a ♦♦ f i U . m City Council market market 77 20 — 19 AN" j 4 I pump N bufferO _j n 10/18/2022 portable iv_e rinKs ICEmAMERICA Ice Rink Description and Specifications Ice -America proposes to install a portable outdoor ice rink for the City of Santa Ana, to operate from December 8, 2021- January 2, 2022, including the following criteria and for the included fee schedule. Dates / Hours of Operation: Open December 8, 2022 - January 6, 2023 11:00am - 10:00pm Daily or as directed 2:30pm to 9:30pm on School Days Location: City Hall Plaza of the Flags 20 Civic Center Plaza, Santa Ana, CA 92701 Rink size: 82' x 50' = approx. 4,100 sq.ft. (subject to location space) Capacity: 164 skaters (1 per 25 square feet maximum) Principals/Project Manager/Marketing/Technician: Scott Williams / Phil Valentine / Azumi Williams / JD Uhls / Scott Rensmon Equipment and Services The following equipment and services will be provided by Ice -America: - Design and build substructure for ice rink will be executed by our partner, All Access Staging & Productions. - Air-cooled refrigeration system/ pump/ hoses/ expansion tank will be provided by and include 24-hour on -call service from Aggreko, United Rentals, or similar. - Optional Generator for refrigeration system included in estimate and fuel for generator provided by host. - Insulation and vapor barriers. - Modular railing system with clear Plexiglas facing towards the rink with room to display signage upon approval from City of Santa Ana. - Ice rink maintenance equipment, including a Sport Ice resurfacer or Design Form Model B resurfacer, used multiple times daily and as needed. - Ice rink freezer system (approx. 50 x 82) using the Ice -World aluminum tubing system, headers, and equipment. - Rental ice skates, high quality Roxa brand with easy to use buckles and strong support, approximately 275 pairs of various sizes, sharpened, ready- 807 Sprucelake Drive, Harbor City, CA 90710 7 lei. 213=6_9423 City Council swilliams@ice-ar7aica?Am 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA to -skate, with sharpener and services on site as needed during the run of the event. Skate change area with benches, outdoor carpet, and rubber flooring covering approximately 2,000 square feet. Skate trailer unit and tent for ticket sales, storing and distribution of skates, and office. Cash register equipment including POS system with capability to handle cash, credit card and online sales; software specifically designed for our industry. - All tools, equipment and supplies for set-up, strike and maintenance. All Professional Supervision and General Labor for set-up and strike. Refrigeration Technician on -call 24 hours during entire term. General set-up and finish -out metal -frame covering over rink wall header, including Ice -World modular header covers. Clear Plexiglas sides with smooth inside finish of rink perimeter. Turf/carpet to finish perimeter/edge with black skirting covering substructure. - Sound/public address announcements and playback of holiday music, and popular music. - Rink Manager during entire term, trained and experienced in liability protection. All equipment and amenities to be installed and ready for test of equipment and facilities, twenty-four (24) hours in advance of grand opening. Operation of public skating sessions. Hours of operation to be determined but no longer than 10:OOam until 11:OOpm unless agreed by all parties. Professionally designed and installed liability signage and waiver release forms for every participant. Online waiver system and tablet kiosks for waiver completion on site. Professional Support Services including Consultation for Event Planning and execution by our experienced event planning team. Bobby the seal & Tommy the reindeer - Skating Aids: Unique to Ice -America, we include in this proposal 25 of our Bobby the seal and Tommy the Reindeer Skating Aids. In addition to increasing safety and lowering the number of accidents, these aids add value to the event by creating a better experience. And based on previous ice rinks, when rented at $8-$10/session they add up to $2 in additional revenue per skater, lowering the cost for a quality ice rink for the City of Santa Ana. 807 Sprucelake Drive, Harbor City, CA 90710 8 led. 272_776_9473 City Council swilliams@ice-ar7aica?c1)m 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA III. Turnkey Management and Day -to -Day Operations Ice -America will provide professional on -site management, experienced in customer service, liability -prevention and public safety. Our staff is well trained (see training manual) in our guidelines to make ice skating a fun and safe experience for all participants. Description: Ice -America staff wears professional uniforms at all times, including black pants, blue Ice -America shirts and blue Ice -America jackets. Public safety announcements are made regularly and holiday music is part of our experience. Our cash register equipment is an industry -specific POS system, and our staff is trained to operate the POS efficiently and effectively. Ice -America rinks designate an experienced staff member to handle coordination of group sales and special events. This includes handling phone calls, scheduling groups, and planning and overseeing special events. Our team is trained to operate the professional sound equipment and radio, cordless microphone, and to make public address announcements. Operations Revenue: In this proposal, all revenue associated with the ice rink venue will be retained by the City of Santa Ana. IV. Operations Experience Since 2008, Ice -America has been operating outdoor seasonal ice rinks in California. Years Operating Seasonal Ice Rinks: Ice -America has eleven years of experience operating seasonal ice rinks, along with our partner Ice -World, with over 20 years of ice rink operations experience. Related Operations Experience: Ice -America principals and project managers have been operating public events since 1997. Please see list above in "Ice -America Qualifications & Experience," for examples and references. Materials: Our online video shows Ice -America ice rink operations. We have ice rink equipment brochures, a rink marketing plan, safety manual, employee handbook, and pictures of mobile office, ice rink operations, staff and POS systems operations. 807 Sprucelake Drive, Harbor City, CA 90710 9 lei. 213=6_9423 City Council swilliams@ice-ar7aic-alZm 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA V. Technical Approach and Timeline Ice -America uses a detailed project management approach to every ice rink project. Our team is capable of managing multiple projects through our systems engineering and support system partners. Approach: Please see attached site plan showing the proposed technical layout. This plan takes into account traffic flow, equipment placement safety, ADA requirements, and building code requirements. Ice -America rinks are installed under the supervision of one of our trained ice rink engineers. Safety and professional quality are considered throughout the process. This is achieved through using only best quality equipment and following all applicable safety procedures during installation and operations. The Production Timeline ensures that all schedules are coordinated and tasks occur in the correct order. This document will expand as particular vendor schedules are added and deliveries are scheduled. The Project Management Timeline includes major tasks and due dates, ensuring timely coordination of deliverables. The PMT will expand as more information is available. Production Timeline (Preliminar Oct 1 Site drawings finalized Applications submitted for required license & permits Begin Marketing Plan actions (continue as per schedule) Nov 10 Final production schedule due Nov 28 Begin load -in / Final equipment check and load ice gear onto trucks Nov 29 Install substructure and insulation Dec 1 Install ice elements and boards Dec 2 Begin making ice, Install mobile office Dec 3 Install lights and sound Install rental skates and Bobby skating aids, Continue making ice Dec 4 Finish custom build -out carpentry Dec 6 Ready and walk-through check Dec 7 Available for ceremonies or private events during training day Dec 8 Open for business through Jan 2 Daily meetings with staff, Weekly meeting to assess statistics Jan 6 Close Jan 7 Begin load -out Jan 14 End load -out, property returned to original state 807 Sprucelake Drive, Harbor City, CA 90710 10 lei. 213=6_9423 City Council swilliams@ice-ar7aic-aZ%m 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA VI. Strategic Marketing Marketing Plan: The available Ice -America Marketing Plan describes in detail the marketing strategy, research, components, deliverables, and budget requirements we recommend for a successful holiday ice rink event. The strategy involves Advertisement Creation and Schedule, Media Sponsor Partners, Public Relations & Social Media, Program Schedule, Sponsorship, and Group Sales & Community Outreach. In addition to ads in local publications and social media, it is especially important to identify and solicit Media Sponsor Partners, develop a strong Program Schedule with interesting themes, identify and solicit Corporate Sponsors, and to initiate Group Sales and Community Outreach efforts to local groups, schools, clubs, and organizations. Marketing Schedule: For sponsorship sales, it is helpful to start six to twelve months before the event. Advertising plans should be in place by September 1st with activity commencing no later than November 1st. Event Goals: Our suggested Attendance goal for the second season is 15,000 skaters. This will require a strong marketing and advertising program and exposure from Media Sponsor Partners and others. Publicity benefits include increased positive exposure for Santa Ana, through news stories and media. Statistics will be compiled from all ticket sales and tickets used (give-aways & donations) through our POS and waiver software systems and general accounting methods. All tickets will be numbered and accounted for internally. Reports will be generated and shared with the City of Santa Ana. 807 Sprucelake Drive, Harbor City, CA 90710 11 lei. 213=6_9423 City Council swilliams@ice-ar7aic-d2Am 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA VIII. City of Santa Ana Requirements Financial: Budget The Ice -America event budget for the proposal is included below. The actual scope of work is based on included items and confirmation from the City. Fee Schedule • $50,000.00 deposit due upon execution of initial agreement to reserve equipment Payment of 50% balance of ice rink budget due upon execution of additional agreement (approved budget x 50% minus $50,000 deposit) 50% payment upon opening Location & Utilities: Site Access to and usage of a suitable location for the ice rink installation and operation. *Security The City to provide overnight and daytime security (one guard 24/7 for the rink, and one optional guard for the entire event) to ensure the ice rink equipment is safe and to limit liability. Electrical Power The ice rink event will require a sufficient electric power source: 3-Phase, 480-Volt, 800 Amps total. 600 Amps will be necessary for the refrigeration chiller and the additional power can be delivered as 400 Amps at 220V (or 200 Amps at 208/220V & 200 Amps at 110V) for lighting, sound, office trailer, resurfacer charger, etc. The above power can either be provided by the City, or as listed in the Budget Options, provided by Ice -America with a generator. Water Access to two landscaping water nozzles is required. During the initial flooding of the ice it is beneficial to have access to a fire hydrant. Ice Rink & Event Lighting City to provide complete lighting package for ice rink and event space, suitable for safe operation of the ice skating and other planned activities in night conditions. All areas accessible to the public must be well lit for easy sighting of potential trip 807 Sprucelake Drive, Harbor City, CA 90710 12 le.i. 313_;;6_9423 City Council swilliams@ice-ar7aic?Am 10/18/2022 Ice-America.com pnrtalble Nce rl"Ks CE- MERICA hazards and other obstructions. 807 Sprucelake Drive, Harbor City, CA 90710 13 City Council swi11iams@ice-ar2Viiza?am 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA Audio City to provide complete audio package with outdoor rated speakers and cabling. Playback volume should be controlled for safe event operations, and City to provide Ice -America 24/7 access to make public address announcements to participants and event space. Wifi Connectivity City to provide WiFi access points for Ice -America POS and waiver online systems. Toilets, Trash & Cleaning Public access to the adjacent toilets during operating hours, or portable toilets provided by the City, or requested additionally from Ice -America. Trash services and daily cleaning services of the plaza provided by the City. Seating, Tables, and Canopy City to provide any desired canopies for patrons, if desired. Ice -America to provide chairs and picnic tables as per Part Two of this proposal. First Aid Station and Fire Department Review to be provided by the City. ADA Access City to provide means for ADA access to/from the event location. Signage/Wayfinding City to provide event signage for event awareness and wayfinding. Parking City to provide parking for Ice -America and subcontractor staff and crew during event dates and install/removal. 807 Sprucelake Drive, Harbor City, CA 90710 14 led. 272_776_9473 City Council swilliams@ice-an7aic-Z-6m 10/18/2022 Ice-America.com pnrtalble Nce rl"Ks CE- MERICA IX. PART TWO - Event Production, Marketing & Enhancements In addition to the core ice rink equipment and services, Ice -America can also provide the following Event services directly or through our vendors: Decorations o holiday lighting including flag poles, olive garden, village, tree o set pieces including installing Christmas tree on 4' stage o installation of winter village facades with sponsor opportunities o installation of winter mural • Performances and Appearances o Mrs. Claus appearances and storytelling • Activities o Holiday Train • Seating o picnic tables o folding chairs for viewers Our goal is to create an immersive experience that the community will see as their must attend holiday event annually. Our budget shows a wide variety of options that can be selected as desired. Event Production and Enhancements In addition to the holiday ice rink production, Ice -America proposes a comprehensive event production package including the selected items outlined in Part Two of this proposal. Ice -America's project manager will coordinate the creative work, installation, and operations management for all subcontractors. Rates for all subcontracted work are cost- plus at 20%. Decorations The event decorations can include comprehensive holiday lighting as well as a large decorated Christmas tree in a central location. Also included in our options is the installation of the winter village with highly decorated facades that can be sponsored by local businesses and professionals. Qualified vendors will be selected and managed for all required insurance and licenses. Performances & Appearances The ice rink and adjacent stage form the backdrop for both on and off -ice performances. Featured acts can include Santa skating times, ice skating performances, musical performances and other acts. If desired, special guests can be booked for musical performances on the main stage. 807 Sprucelake Drive, Harbor City, CA 90710 15 Xei. 213=6_9423 City Council swilliams@ice-ar7aic-a?Am 10/18/2022 Ice-America.com pnrtalble Nce rl"Ks CE- MERICA Activities In addition to ice skating, offering variety of themed activities will encourage the community and guests to stay and enjoy the event longer. It's important to have something fun for everyone to do, so including a trackless train for kids of all ages, storytime with Mrs. Claus, along with photo opportunities for the social media crowd, will enhance the event experience greatly! Event Enhancement Options Budget: The second part of the budget on the following pages outlines the requested options. 807 Sprucelake Drive, Harbor City, CA 90710 16 Xei. 213=6_9423 City Council swilliams@ice-ar7aic-aNm 10/18/2022 Ice-America.com portable ice rinks CE- MERICA X. Ice Rink Budget Pricing: l:.�L�le KS 807Sprucelake Drive ICE -AM"' ERICA Harbor City, CA 90710 Production Prig List 323-776-9423 Ice Rink & Event 22.4 Swks CATEGORY SUMMARY Project No: Ice Rink & Event Production Price List 22.4_5wks Prepared By: SWW Product: Ice Rink Production Title: Santa Ana Holiday Ice Skating Rink Date: 2/23 Purpose: recreational ice rink installation Production Dates: Nov 28 - Dec 6 Revised: 9/1 Location: Plaza of the Flags, Civic Center, Santa Ana, CA Actual: Open Dates: Dec 8, 2022 - ]an 8, 2023 PRODUCTION DESCRIPTION: Production of portable ice rink & ancillary equipment Shipping & transportation, installation, training Included Production elements: Ice Resurfacer, Chiller rental Included: Lighting and sound equipment for ice rink NOTES: Also included options: ice rink operations and maintenance ASSUMPTIONS: Budget is based on ice surface size: 82' x 50' Not included in this budget: tax, permits, optional electricity, water, wi-fi connectivity, security, , crane (if needed), lights, audio toilets, trash, daily cleaning service, first aid, tables/chairs/canopy (for eating), event signage, ADA access, on -site storage EXPENSES: M6 Unit Price No. Term Total Price F- Portable Ice Rink $ 51,607 Portable Ice Rink $ 0.72 4100 8 $ 23,616 provision of.. 82' x 50' ice surface = approx. 4100 sq.ft includes ICE -WORLD ice rink elements, headers, header covers Pump 1,776 1 1 $ 1,776 sytem pump for glycol, etc. Glycol, Liner, Insulation $ 2.15 4100 1 $ 8,815 glycol, plastic sheet, insulation Resurfacer-electric $ 1,900 1 8 $ 15,200 small electric ice resurfacer Snow Melt Equipment $ 275 1 8 $ 2,200 Heatrex heating element & melt trough for snow melting M Chiller Rental $ 42,500 Chiller rental package $ 95 200 2.00 $ 38,000 monthly rental of chiller, pump, tank, extra cables & equipment Delivery, install, pickup $ 2,250 2 1 $ 4,500 delivery, installation, removal, startup M Dasher Boards $ 7,800 PE Transparent $ 3.25 300 8 $ 7,800 recreational clear skating boards x number of feet F4 Other Ice Rink Equipment Skates $ 3.95 275 Helmets $ 2.50 30 Skate Rack $ 71 6 Skate Rack Shelves $ 20 1 Skate Sharpener $ 155 1 Extra thick plastic sheet $ 0.25 4100 Skate aid "Bobby" & "Tommy" $ 27.75 25 5❑ Installation, Training, Transportation Rink installation $ 3,500 3 Production fee $ 27,390 1 Hotel for install crew/mgr $ 150 2 Shipping & Trucking $ 2,250 2 © Site Build -Out Skate lace area rubber mats $ 2.95 1500 Office trailer $ 2,250 1 Tents $ 1,650 6 Benches $ 22 10 Railing / Barricade $ 17.50 20 0 Leveling Options Platform $ 0.83 4500 Installation $ 4.15 4500 Skate lace area finish work $ 13.75 825 Shipping & Trucking Platform $ 1,850 3 ® Rink Lighting/Sound Rink Sound package $ 395 $ 20,673 8 $ 8,690 Roxa skates w/buckles 8 $ 600 helmets (s, m, 1) 8 $ 3,408 portable skate racks - collapsing with wheels 8 $ 160 shelves for in between portable racks 8 $ 1,240 EZ-Sharp or Wissota 1 $ 1,025 square feet required - for events only 8 $ 5,550 provision of skating aid "seal" and "reindeer" $ 57,390 2 $ 21,000 Rink installation supervisors & labor (in/out) / warehouse 1 $ 27,390 travel, legal & admin, production for install/removal/maintenance/forklifts $ - local - not required (supervisors load -in and load -out hotel) 2 $ 9,000 estimated trucking/shipping ice rink equipment 22,245 1 $ 4,425 estimate for skate lace area rubber mats 2 $ 4,500 8' x 12' ticket office trailer 1 $ 9,900 tents for skate rental & waivers & VIP area w/lighting 6 $ 1,320 benches for skaters 6 $ 2,100 3' sections $ 63,394 6 $ 22,275 rental for specialized ice rink low scaffolding platform 1 $ 18,675 supervisors & labor for platform 1 $ 11,344 ramps & rink platform carpentry, skate lace area finish work 2 $ 11,100 estimated trucking/shipping for platform 0 $ - host to provide: (4) outdoor speakers, console, amplifier, playback cordless mic, cables Rink Lighting package $ 2,250 1 0 $ - host to provide: lights, truss, board, light strings © Operations $ 98,738 Setup & Training Fee $ 10,500 1 1 $ 10,500 staff hiring, training, uniforms, management General Manager fee $ 3,500 1 6 $ 21,000 GM weekly rate (60 hrs/wk) Maintenance fee $ 2,635 1 5 $ 13,175 Ice Tech Mgr weekly rate (60 hrs/wk) Weekly operations staffing fee $ - variable staffing payroll fees *Estimated payroll $ 6,500 1 5 $ 32,500 *variable est billed payroll @ $27.50/hr (subj to change based on actual hrs) Housing for GM & Ice Tech $ 950 2 6 $ 11,400 to be determined or provided by sponsor Operations liability insurance $ 0.95 1750 5 $ 8,313 estimate special event insurance to operate ice rink at $ .95/skater Security $ 37.50 $ - SEE BELOW: required 24/7 security staff from load -in through load -out Other $ 1,850 1 1 1,850 container rental, etc. ®BASIC HOLIDAY ICE RINK PRODUCTION $179,970 includes items listed in 1-5 totals above only ®HOLIDAY ICE RINK PRODUCTION W/SITE BUILD -OUT $265,609 includes items listed in 1-7 totals above only C I HOLIDAY ICE RINK PRODUCTION W/SELECTED OPERATiONS�IL i $364,346 includes items listed in 1-8 totals above only 807 Sprucelake Drive, Harbor City, CA 90710 17 xei. 213=1_0n12 City Council swilliams@ice-an7aica3am 10/18/2022 Ice-America.com portable ice rinks CE- MERICA XI. Event Budget Pricing & Combined Totals: OPTIONAL ICE RINK ADD -ON EXPENSES F7131 Leveling Options - Extended Deck $ 52,900 Platform $ 0.83 5000 6 $ 24,750 rental for specialized ice rink low scaffolding platform Installation $ 4.15 5000 1 $ 20,750 supervisors & labor for platform Skate lace area finish work $ 13.75 $ - ramps & rink platform carpentry, skate lace area finish work Shipping &Trucking Platform $ 1,850 2 2 $ 7,400 estimated trucking/shipping for platform ID I HOLIDAY ICE RINK PRODUCTION W/OPERATIONS, EXTENDED DECK $417,246 includes items listed in all totals above only Q Optional Security $ - Rink Security $ 37.50 $ - *Host to provide required 24/7 security (1) from load -in through load -out Event Security $ 37.50 $ - *Host to provide security 10 Optional Power $ 60,600 E/eCtrlclty Generator $ 40 500 1.50 $ 30,000 monthly rental of 5001 generator Estimated Fuel $ 6.00 850 6 $ 30,600 estimated weekly gallons of diesel fuel E I HOLIDAY ICE RINK PRODUCTION W/OPS, EXT DECK & POWER $477,846 includes items listed in all totals above only EVENT EXPENSES:`M 0- Unit Price No. Term Total Price ll Food & Beverage & Seating $ 15,300 F&B Infrastructure - not included: expense for set up & back of house Seating & Tables $ 575 20 1 s 11,500 picnic tables (20) for eating/drinking patrons On --Site F&B Manager / - not incl: temporary food truck visits and customer interaction Food Trucks/Vendors Manager - not included: sourcing and overseeing food truck visits and schedule Folding Chairs $ 3,800 1 1 $ 3,800 provision of 100 folding chairs ind delivery F&B Cleaning (Host) $ - not included: host to provide cleaning of food & beverage area ®1 Lighting, Decorations, Holiday Village $ 71,955 $ 86,346 reuse village facades Building materials (2) $ 3,110 1 1.20 $ 3,732 Santa's Village Hardware: faux snow, white fencing, decor AV Installation labor (5) $ 14,200 1 1.20 $ 17,040 install lighting: olive garden, christmas tree, flag pole, village, tree, cables AV Strike labor (6) $ 10,360 1 1.20 $ 12,432 remove lighting: olive grdn, christmas tree, flag pole, village, cabling Installation labor (3) $ 7,250 1 1.20 $ 8,700 installation labor: 3 carpenters x 3 days, 1 painter x 2 days, expendables Strike labor (4) $ 5,250 1 1.20 $ 6,300 strike labor & expenses: 3 carpenters x 3 days, expendables reuse mural Mural 1.20 $ - outdoor vinyl mesh printed fence mural (6' x 250') w/graphic design reuse bee, rentstage Christmas Tree 1.20 $ - 15' Christmas tree and 4' stage TBD (tree owned by City) AV Rentals (7) $ 15,475 1 1.20 $ 18,570 power distro, flagpole festoon lighting & equip, christmas tree stage, etc. Project Administration (8) $ 16,310 1 1.20 $ 19,572 production labor, contingency, design, production mgmt, insurance 13 Performances & Appearances $ 8,580 Performance Manager $ 1,750 4 $ - weekly rate for performance manager Local Performances $ - $ - not incl: sourcing, coordination, and management of local performances Santa Appearances $ 350 $ - not included: 2 Santa appearances for 4/hrs each appearance Skating Mascot $ 50 $ - not included: appearances of skating characters Mrs. Claus Appearances $ 55 6 26 $ 8,580 Storytime with Mrs. Claus appearances Guest Performances $ - not included: optional budget for celebrity guest performances Stage Sound/Lighting Equipment TBD $ - not included: supplied by alternative vendor 14 Holiday Market 1,800 Market/Vendor Manager $ 1,750 $ - not included: sourcing & management of local vendors Event Vendors $ - not included: booked by host Tents $ - not included: tents & lighting for vendors, production Railing / Barricade $ 20 18 5 $ 1,800 3' sections EE Activities $ 37,500 Trackless Train $ 250 5 30 $ 37,500 trackless train operation estimate - 5hrs/day x 30 days Inflatable Slide $ 1,100 $ - not included: inflatable slide with operations - 18 days Face Painting / Balloons $ 200 $ - not included: face painting or balloon artist Snow Days $ 15,000 0 0 $ - not included - per day rate 16 Operations 20,850 Event Managers $ 2,750 $ - not included: manager for performances, activities, market, and F&B Activity staff $ 27.50 20 30 $ 16,500 variable estimated payroll for event staff (train, village, F&B) Operations liability insurance $ 0.75 1000 5 $ 3,750 estimate special event insurance to operate activities at $ .75/participant Waiver Translation $ 600.00 1 1 $ 600 translation of liability waiver into spanish, vietnamese Banner Printing $ 250.00 4 $ - not included: 4 x banners printed Other 0 not included: container rental, etc. 17 Production, Installation, Training, Transportation, Security $ 58,840 Enhancements installation crew $ 3,500 2 2 $ 14,000 Support installation supervisors & labor (in/out) / warehouse Production Management fee $ 15,250 1 1 $ 15,250 travel, legal & admin, prod for inst/removal/irl forklifts/scissorlifts Electrical rentals & fees $ 22,190 1 1 $ 22,190 estimated electrical services and supplies D - generator & distro rental packs Hotel for install Crew/mgr $ 150 $ - local - no load -in and load -out hotel Fencing for Mural & Security $ - $ - to be determined or provided by host Shipping & Trucking $ 1,850 2 2 $ 7,400 estimated trucking/shipping equipment Security (Host) $ 37.50 $ - provided by host Q EVENT PRODUCTION EXPENSES - ALL OPTIONS $229,216 includes items listed in all totals above only COMBINED TOTAL D & F COMBINED TOTAL E & F 646,462 combined total not including generator power 707,062 combined total including generator power 807 Sprucelake Drive, Harbor City, CA 90710 18 xv.1. 272_776_9473 City Council swilliams@ice-arilak-atm 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA XII. Event Budget Terms: TERMS: Please check all requested services and include signature below. $50,000 deposit due to reserve. Remainder of 50 % balance due October 19, 2023. 50 % due after opening. Signature: DIRECT ALL INQUIRIES TO: Scott Williams tel: 310-323-776-9423 e-mail: swilliams@ice-america.com Orgnanuation: Date: MAKE ALL CHECKS PAYABLE TO: Seaside Ice, LLC - dba Ice -America Attn: Scott Williams 807 Sprucelake Drive Harbor City, CA 90710 We also accept Visa, Mastercard for an additional fee Legal: Estimate is subject to change. Lessee is responsible for any applicable state & local taxes that may be due. *Estimated payroll hours billed at $27.50 per hour XIII. Included Materials Video: See Ice -America Video on our website at www.ice-america.com. Video includes Ice - America rinks, operations, staff, equipment, and Bobby skating aid. Other Ice Rink Materials: Ice -America brochure, Bobby & Tommy skating aid and accessories brochure Operations Materials Available: Ice -America marketing plan, safety manual, employee handbook, and pictures of mobile office, ice rink operations, staff and POS systems operations. XIV. Required Permits and Licenses Business License: Ice -America will maintain a valid business license for the City of Santa Ana during the term of the agreement. Permits: Ice -America will work with the City to acquire all permits necessary for the installation and operation of the portable ice rink event, including but not limited to; Use Permit, Fire Permit. XV. Safety Record Ice -America has an outstanding business safety record, and complies with all existing Federal, State, and CAL OSHA laws and requirements. An industry specific safety manual and training program are included in our training and services. 807 Sprucelake Drive, Harbor City, CA 90710 19 lei. 213=6_9423 City Council swilliams@ice-ar7aica32m 10/18/2022 Ice-America.com portable iv_e rinKs ICEmAMERICA XVI. Additional Rink Specifications: 1) size to be 25 meters x 15 meters (approximately 82' x 50', 4100 sq. ft.) 2) 15 Aluminum Elements tubular paneling (15, 25m long x 1m wide = 82' x 50') 3) Insulation 1" thick 4) Aluminum corner L-profiles; edge height 7cm (70mm) to run perimeter of rink, overlapping included 5) 4" Aluminum Header complete with all fittings. 4" camlock couplings with 4" reinforced EPDM pressure and suction hoses 6) 4" Flex Hose Transmission lines - approx. 250' run 7) Header Covers 8) Pressure & leak test of transmission lines & piping 9) 24-hour On call Technical Support 10) Installation: set up, connection, ice making 11) Dismantling: shut down, disconnection, cleaning, draining, folding, loading 12) Shipping Dasher Boards: PE Style 1) 42" high x 2" wide recreational style structural aluminum frame 2) 50' x 82' perimeter 3) Two double -doors: one of 2m (6.6') one of 1m (3.3') 4) One (1) double -door equipment gate: 3m (10') wide 5) 1/4" thick x 42" high clear poly facing on all rink panels 6) 1/z" thick x 8" high polyethylene kick plate- white 7) 1/a" thick 2" wide polyethylene handrail- white 8) 3/4" UHMW polyethylene wear plates on the bottom of all door thresholds 9) All necessary hardware, fasteners, and anchors to provide a complete system 10) Includes Freeze -In Plate anchoring system Chiller & Generator: Model & Performance Data 1) 657,000 BTUH, Semi Hermetic Compressor, 200 nominal ton with 100 tons of cooling capacity, 1 x 50 Hp 2) Microprocessor Controller; On- Off switch for control circuit operation and automatic compressor lead lag on dual circuit units 3) 24V Control Transformer 4) Water Flow Switch, Pump Differential Sensor 5) Return Fluid sensing thermostat 6) Direct drive Condenser Fan Motor 7) Industrial Standar Glycol Pumps - 7.5 Hp, skid mounted. Able to run mono - propylene -glycol. External, 1 Primary 8) 100 tons @ 95 degrees F Ambient @ 44 degrees f LFT 807 Sprucelake Drive, Harbor City, CA 90710 20 lei. 213=6_9423 City Council swilliams@ice-ar7aica3am 10/18/2022 Ice-America.com pnrtalble Nce rl"Ks CE- MERICA 9) Standard Supply of 12 degrees F, 16 degrees return and Capable Supply 5 degrees F, return 10 degrees F 10) 38% mono -propylene glycol @ 010 degrees C Evaporator 1) Shell and Tube heat exchanger 2) Maximum Flow Rate 360 gpm 3) Design Flow Rate 240 gpm 4) Minimum Flow Rate 120 gpm 5) Demineralized Water Volume JS gal 32 6) Maximum Pressure 150psi Connections 1) Field materials, valves and fittings 2) Evaporator Flange 4" for 4" camlocks and 4" hoses. 5" insulation on all water and refrigerant lines Regrigerant 1) R 404 mono -propylene glycol low temp refrigerant 2) 4, 425 gallon totes of mono -propylene glycol and demineralized water, a 38% propylene glycol demineralized water solution to run rink tubing, chiller system & tank 3) Anti foam bacterial disinfector: Bio 100 4) Storage Expansion Tank 35-600 gallon 5) Rink piping system Complete Charge from factory 6) Glycol Vacuum Pump 7) Charge 146 lbs, 2 circuit 73 lbs each 8) MSDS mono -propylene glycol Sound 1) 60 dBA @ 25ft Set up and Breakdown 1) Factory Engineering Technical Support and 8 week warranty on all parts and immediate replacement within 36 hours 2) Factory Startup 3) Training 4) Installation 5) Shipping 6) Removal 807 Sprucelake Drive, Harbor City, CA 90710 21 Xe.i. 213=6_9423 City Council swi11iams@ice-ar7aica?Am 10/18/2022 Ice-America.com Agreement —Seaside Ice Skating Rink_FINAL_10. Final Audit Report (Ice -America) 10.22 Created: 2022-10-10 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAY5XW1gSZWfAemElUG1BZ1akslplc7auo 2022-10-10 "Agreement_ Seaside Ice (Ice -America) - Ice Skating Rink_FINA L_10.10.22" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-10-10 - 10:07:15 PM GMT Document emailed to swilliams@ice-america.com for signature 2022-10-10 - 10:08:56 PM GMT Email viewed by swilliams@ice-america.com 2022-10-10 - 10:09:17 PM GMT &o Signer swilliams@ice-america.com entered name at signing as Scott Williams 2022-10-10 - 10:10:12 PM GMT dp Document e-signed by Scott Williams (swilliams@ice-america.com) Signature Date: 2022-10-10 - 10:10:14 PM GMT - Time Source: server Q Agreement completed. 2022-10-10 - 10:10:14 PM GMT a AdotWAC'T�Buff�ign 20-35 10/18/2022 Community Development Agency santa-ana.org/cd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Rent Stabilization and Just Cause Eviction Ordinances AGENDA TITLE: Second Reading of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances RECOMMENDED ACTION Place Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances on second reading and adopt. DISCUSSION On October 4, 2022, the City Council approved the first reading of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances. As part of the first reading of the Ordinance, the majority members of the City Council directed staff to make conforming revisions to the Ordinance reflecting the following refinements for the second reading of the Ordinance: Add provisions that the Ordinance shall not supersede the Mobilehome Residency Law or any other applicable State laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes. 2. Voluntary Mediation: a. Revise the definition of "Mediator" to include a requirement of at least forty (40) to eighty (80) hours of formal training in mediation, including training in anti -racist, elimination of bias, diversity equity and inclusion, and/or cultural competency. 3. Rental Housing Board: a. Revise the composition of the Rental Housing Board to: three (3) tenants (including one (1) mobilehome tenant), two (2) landlords, and (2) at -large members with no financial interest. b. Revise the Board Member Term to no more than three (3) terms of four (4) years each, to align with the City's existing Commissions in accordance with section 2-326 of the Santa Ana Municipal Code. City Council 21 — 1 10/18/2022 Rent Stabilization and Just Cause Eviction Ordinances October 18, 2022 Page 2 c. Revise the Rental Housing Board appointment process wherein the seven (7) Board Members shall be appointed by each City Councilmember, and approved by the City Council, in an equitable order based upon a random lottery process. 4. Reinstate the following exemption into the Ordinance: a. "Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes." 5. Clarification Language: a. Correct grammatical errors concerning the capitalization of "Tenant" and other definitions throughout the Ordinance. b. The Fair Return Petition, Capital Improvement Petition, and Tenant Petition shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy. For ease of review, a redline version of the adopted Ordinance presented at the first reading on October 4, 2022 is attached as Exhibit 1 reflecting these conforming revisions. The clean version of the Ordinance is attached as Exhibit 2. FISCAL IMPACT There is no fiscal impact associated with this action. However, staff will return to City Council at a later date upon any implementation of the Ordinance that will have a fiscal impact with the goal of being cost neutral. EXHIBIT(S) 1. Updated redline version of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances 2. Clean version of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 21 —2 10/18/2022 EXHIBIT 1 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows: A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's ("Santa Ana" or "City") ability to address rent increases on residential real property and in mobilehome parks. B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance ("RSO") and Ordinance No. NS-3010, known as the Just Cause Eviction Ordinance ("JCEO") appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code ("SAMC"). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana. C. The findings in Ordinance No. NS- 3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability pose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein. D. Additionally, the City Council adopted Resolution No. 2021- 054, directing staff to: (1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof. E. On September 6, 2022, staff presented the Long -Term Implementation Plan for the RSO and JCEO to the City Council detailing various best practices based on findings from local sample jurisdictions with similar ordinances in the State of California. City Council 21 — 3 r inanFO0/ 2 age of 44 EXHIBIT 1 F. On September 6, 2022, the City Council adopted the Long -Term Implementation Plan for the RSO and JCEO and provided direction to staff to prepare amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and promote long-term sustainability of the programs. G. The amendments proposed by this Ordinance are consistent with the adopted Long -Term Implementation Plan of the RSO and JCEO and the direction by City Council at the September 6, 2022 City Council meeting. These include: 1. Create a Rental Housing Board; 2. Create a Rental Registry; 3. Adopt a Rental Registry Fee; 4. Develop a Work Plan; 5. Conduct a Fee Study Based on the Work Plan and Staffing Needs; 6. Expand Compliance Activities; 7. Create a Capital Improvement Petition and Tenant Petition; 8. Establish Petition Fees and a Petition Review Process; 9. Create a Voluntary Mediation Process; and, 10. Join the Rent Stabilization Consortium. H. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents. The City Council finds, determines and declares that the threat to the public health, safety and welfare of the City and its residents necessitates the enactment of the Ordinance. J. The Request for City Council Action for amendments to these Ordinances dated October 4, 2022, shall, by this reference, be incorporated herein, and together with this Ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this Ordinance. Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Section 3. Divisions 4 and 5 of Article X (Property Maintenance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code are hereby amended and moved to a new Article XIX (Rent and Evictions) of Chapter 8 of the Santa Ana Municipal Code to read as follows: ARTICLE XIX. — RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE Ord' ��j I- 21 —4 10/18/2022 Pageq'iif EXHIBIT 1 DIVISION 1. — GENERALLY Section 8-3100 — Title This Article shall be known in its entirety as the "City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance" and, for the sake of convenience, as the "Rent Stabilization and Just Cause Eviction Ordinance." Section 8-3101 — Background The Rent Stabilization Ordinance, previously adopted by the City Council on October 19, 2021, and the Just Cause Eviction Ordinance, also previously adopted by the City Council on October 19, 2021, are hereby amended pursuant to this newly adopted Rent Stabilization and Just Cause Eviction Ordinance. Section 8-3102 — Definitions a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language. c) Words and phrases defined: "Annual Allowable Rent Adjustment" means the limit on the Maximum Allowable Rent +_Increase, which a Landlord may charge on any Rental Unit each year. "Capital Improvement" means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children's play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of City Council 21 — 5 r inanFO0/ 2 age of 44 EXHIBIT 1 completion or after a Notice of Violation by a government agency ordering repairs. "City" means the City of Santa Ana. "Hearing Officer" means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. "Housing Services" means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. "Landlord" or "Owner" means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator" means a person whom the Program Administrator determines meets all of the following criteria: 1) Has received at least twenty-four (24) forty (40) to eighty (80) hours of formal training in mediation, including training in anti -racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and, 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of Ord' ��j I- 21 — 6 10/18/2022 Paget) EXHIBIT 1 this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. "Mobilehome Space" means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11. "Mobilehome Park" means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation. "Net Operating Income" means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses). "Operating Expenses" means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs. "Program Administrator" is a person designated by the City Manager to administer the provisions of this Article. "Rental Registry Fee" or "Fee" means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. "Rent" means all periodic compensation, including all non -monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Jenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable. "Rent Increase" means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit. City Council 21 — 7 r inanFO01 2 age of 44 EXHIBIT 1 "Rental Agreement" means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable. "Rental Housing Board" or "Board" means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code. "Rental Registry" means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee. "Rental Unit" means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article. "Residential Real Property" or "Residential Property" means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City. "Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park. "Tenant" means any renter, tenant, subtenant, lessee, sub -lessee, roommate with Landlord's consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit. Section 8-3103 — Implementing Regulations, Policies and Procedures The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and Ord' ��j I- 21 — 8 10/18/2022 Pageq'iif EXHIBIT 1 fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures. Section 8-3104 — Mobilehome Residency Law The provisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code sections 798, et seq., as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail. DIVISION 2. — JUST CAUSE EVICTIONS Section 8-3120 — Restrictions on Termination of Tenancy without Just Cause (a) After a tTenant has continuously and lawfully occupied a Residential rReal pProperty for thirty (30) days, the Owner of the (Residential rReal pProperty shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable. 1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of tTenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The notice shall be written in the language that the Owner and tTenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any FResidential (Real pProperty or mMobilehome sSpace, is required to provide written notice to tTenants of their rights under this Division as follows: A. The notice required by this Division must be on a form prescribed by the City and include the following information: The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and, City Council 21 — 9 r inarf 0� age of 44 EXHIBIT 1 ii. The right to relocation assistance in limited circumstances pursuant to subsection (d)(2) herein. B. The Owner must provide tTenant with the notice upon serving any notice of change in terms of Tenancy. C. The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Division. (b) For purposes of this section, "just cause" includes either of the following: 1) At -fault just cause, which is any of the following: A. Default in the payment of (Rent. B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include: The obligation to limit occupancy, provided that the additional occupant who joins the tTenant of the rResidential -rReal pProperty thereby exceeding the limits on occupancy set forth in the lease is: A dependent under age 18, or II. A replacement tTenant who moved in after an approved tTenant vacated the (Residential (Real pProperty, so long as the addition does not exceed the Uniform Housing Code. The Owner shall have the right to approve or deny the prospective additional or replacement tTenant, who is not a minor dependent child, provided that the Owner does not unreasonably withhold approval. If the Owner fails to respond to the tTenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the tenant's written request, the tenant's request shall be deemed approved by the Ord' �j I- 21 — 10 10/18/2022 PagetW EXHIBIT 1 Owner if the lease is for a period of one (1) year or less. ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a tenant's written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy. C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. E. The tTenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the tTenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. F. Criminal activity by the tTenant on the (Residential r-Real pProperty, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the r-Residential r-Real p roperty, that is directed at any Owner or agent of the Owner of the (Residential (Real Property or members of (Tenant's household or other Jenants of the -Residential -rReal Property. This at -fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at -fault, just cause eviction of a tTenant under this provision shall only apply to that tTenant who committed the criminal activity described herein. If a tTenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tTenant within the applicable statute of limitations period, the tTenant shall be offered the right to restore the Tenancy only if the same rResidential (Real -p roperty is available. City Council 21 —11 r inanf6/fag of 44 EXHIBIT 1 G. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy based on a tenant's sublease of the Residential rReal pProperty if all the following requirements are met: The tTenant requests permission from the Owner in writing to sublease the Residential Real pProperty; II. The tTenant continues to reside in the rResidential Real pProperty as their primary residence; III. The sublease replaces one or more departed Jenants under the lease on a one -for -one basis; and IV. The Owner fails to respond to the tTenant in writing within a reasonable amount of time of the receipt of the tenant's written request. If the Owner fails to respond to the tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a rResidential rReal pProperty exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision. H. The tenant's refusal to allow the Owner to enter the rResidential -rReal pProperty as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. Order I- 21 — 12 10/18/2022 Pagel V0 EXHIBIT 1 K. When the tTenant fails to deliver possession of the Residential Real pProperty after providing the Owner written notice as provided in Section 1946 of the Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following: /_1 Intent to occupy the Residential rReal IaProperty by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the tTenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the FResidential rReal pProperty for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed rRental aAgreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). B. Withdrawal of the (Residential (Real pProperty from the rental market for an anticipated period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. If] The Owner complying with any of the following: I. An order issued by a government agency or court relating to habitability that necessitates vacating the rResidential rReal pProperty. II. An order issued by a government agency or court to vacate the -FResidential -rReal pProperty. City Council 21 — 13 r inanf& �6 2 g e of 44 EXHIBIT 1 Q III. A local ordinance that necessitates vacating the (Residential (Real pProperty. ii. If it is determined by any government agency or court that the tTenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tTenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d). Intent to demolish or to substantially remodel the rResidential -rReal pProperty. The Owner shall provide advance notice to the tTenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tTenant, the right of first refusal to any comparable vacant (Rental uUnit which has been offered at comparable (Rent owned by the Owner; and II. In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted tTenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the tTenant of their right to reoccupy the premises pursuant to this subsection. iii. For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tTenant in place and that requires the tTenant to vacate the rResidential rReal pProperty for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the (Residential rReal pProperty vacated, do not qualify as a substantial remodel. Order I- 21 — 14 10/18/2022 Pagel!Yo EXHIBIT 1 (c) Before an Owner of -Residential rReal pProperty issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the tTenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. (d) 1) Any written notice to cease or correct must: A. Be dated and served upon the tTenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended; B. Inform the tTenant that failure to cure may result in the initiation of eviction proceedings; C. Inform the tTenant of the right to request a reasonable accommodation; D. Inform the tTenant of the contact number for the Program Administrator; and E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tTenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction. 1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential rReal pProperty issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following: A. Assist the tTenant to relocate by providing a direct payment to the tTenant as described in paragraph 3; or B. Waive in writing the payment of rRent for the final three (3) months of the Tenancy, prior to the (Rent becoming due. 2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the tTenant of the tenant's right to relocation assistance or rRent waiver and all other rights pursuant to this section. If the Owner elects to waive the rRent for the final three City Council 21 — 15 rd inar f&%/5 o EXHIBIT 1 3) (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of (Rent waived and that no (Rent is due for the final three (3) months of the Tenancy. A. The amount of relocation assistance or rRent waiver shall be equal to three (3) months of the tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice. B. If a tTenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rRent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. C. The relocation assistance or (Rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 4) An Owner's failure to strictly comply with this section shall render the notice of termination void. (e) This section shall not apply to the following types of residential real properties or residential circumstances: 1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code. 2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the tTenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the -rResidential -rReal -p roperty. 5) Single-family Owner -occupied residences, including a residence in which the Owner -occupant rents or leases no more than two units or Order I- 21 — 16 10/18/2022 Pagel4y EXHIBIT 1 bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 6) A duplex in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy. 7) Housing that has been issued a certificate of occupancy within the previous 15 years. 8) Residential Real pProperty that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. The Jenants have been provided written notice that the rResidential p !roperty is exempt from this section using the following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8-3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the rRental aAgreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the rRental aAgreement. iv. Addition of a provision containing the notice required under clause (i) to any new or renewed rRental City Council 21 — 17 rd inar% /e ��f 4 EXHIBIT 1 aAgreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b). 9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (f) An Owner of rResidential rReal iaProperty subject to this section shall provide notice to the tTenant as follows: 1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental aAgreement, or as a written notice signed by the tTenant, with a copy provided to the tTenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the tTenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental aAgreement. 3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Jenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information." (g) It shall be a defense to an action for possession of a rRental UUnit under this Division if a trier of fact determines that: 1) Both of the following provisions apply: A. The tTenant or tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following: Ord' I- 21 — 18 10/18/2022 Pageo EXHIBIT 1 A temporary restraining order, emergency protective order, or protective order issued within the last 180 days pursuant to law that protects the tTenant or a household member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or ii. The tTenant or a member of their household has filed a police report within the previous 180 days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking. B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the tTenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. 2) Notwithstanding this Section, an Owner may terminate the Tenancy if: A. The tTenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Jenants, guests, invitees, or to a tenant's right to quiet enjoyment and the Owner previously gave the tTenant a three (3) day written notice to cease and correct this violation. 3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a rRental uUnit under this Division if a person under the age of 21 is a City Council 21 — 19 r inar% /5 of 44 EXHIBIT 1 resident of the subject rRental uUnit, or has a custodial or family relationship with a tTenant in the subject rRental 44Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a n4Mobilehome pPark, the Owner shall provide notice of such proposed sale to the mMobilehome pPark residents and prepare a report on the impact of the sale of the mMobilehome pPark, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the mMobilehome pPark to be sold to find adequate housing in a n4Mobilehome pPark, as applicable. (j) Any waiver of the rights under this section shall be void as contrary to public policy. Section 8-3121 — Notice of Termination of Tenancy. (a) When terminating a Tenancy either at -fault or no-fault, an Owner must comply with all of the following: 1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the tTenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at -fault or no-fault just cause reason as provided in section 8-3120(b); and 2) The Owner has not accepted and will not accept (Rent or any other consideration in return for the continued use of the (Residential pProperty beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and 3) The Owner qualifies the termination as at -fault or no-fault just cause, as specified in section 8-3120(b); and 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the tTenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the tTenant, through the City's Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section. 5) The Owner must provide the notice in the language that the Owner and tTenant used to negotiate the terms of the Tenancy, in addition to English. Ord irr�I- 21 — 20 10/18/2022 Page'V0 EXHIBIT 1 Section 8-3122 — Retaliatory Eviction and Anti -Harassment. (a) Retaliatory Eviction. 1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the tTenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the tTenant to quit involuntarily. 2) A tTenant may assert retaliation affirmatively or as a defense to the Owner's action regardless of the period of time which has elapsed between the tenant's assertion or exercise of rights under this Article and the alleged act of retaliation. 3) Retaliation against a tTenant because of the tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation. (b) Anti -Harassment. No Owner, or any person, acting as a principal or agent, offering Residential (Real pProperty for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to rResidential (Real pProperty under any (Rental aAgreement or other Tenancy or estate at will, however created, do any of the following: 1) Interrupt, terminate, or fail to provide hHousing sServices required by (Rental aAgreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3. A. 'Interrupt, terminate, or fail to provide #Housing sServices' in this provision does not include interruptions, terminations, or failure to provide #Housing sServices as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner's control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Jenants as required by a signed rRental aAgreement. 2) Take any of the following actions in bad faith - City Council 21 — 21 r inan% 8ge of 44 EXHIBIT 1 A. Fail to perform repairs and maintenance required by Rental aAgreement or by federal, State, or local laws; B. Fail to exercise due diligence in completing repairs and maintenance once undertaken; C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; D. Conduct elective renovation or construction of unit for the purpose of harassing a tTenant; E. Refuse to acknowledge or accept receipt of a Jenant's lawful Rent payment as set forth in a rRental aAgreement, by usual practice of the parties, or in a notice to pay Rent or quit; F. Refuse to cash or process a Rent check or other form of acceptable rRent payment for over thirty (30) days after it is tendered; G. Fail to maintain a current address for delivery of (Rent payments; H. Violate a tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy; I. Release information protected by the tenant's right to privacy except as required or authorized by law; or J. Request or demand an unreasonable amount of information from tTenant in response to a request for reasonable accommodation. 3) Abuse the right of access into rResidential rReal pProperty as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Jenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal Ord i I- 21 — 22 10/18/2022 PageNo EXHIBIT 1 business hours, unless for health and safety reasons or if the tTenant agrees otherwise; entries contrary to a tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a -rRental uUnit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential (Real -p roperty. 4) Influence or attempt to influence a tTenant to vacate rResidential rReal pProperty through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tTenant to the United States Department of Homeland Security. 5) Threaten the tTenant, by word or gesture, with physical harm, or abuse tTenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in -person conversations, through social media postings or messages, or other communications. 6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a -rRental aUnit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the tTenant has obtained a favorable termination of that action. 8) Remove from the -rRental aUnit personal property, furnishings, or any other items without the prior written consent of the tTenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a tTenant: A. Sign a new rRental aAgreement not in the Jenant's primary language if: City Council 21 — 23 Ord inar f6 §ge of 44 EXHIBIT 1 rRental aAgreement negotiations were conducted in the Jenant's primary language; ii. The existing -rRental aAgreement is in the Jenant's primary language; or iii. Owner is otherwise aware that the new Rental aAgreement is not in tenant's primary language. B. Enter into a rRent repayment plan if the Owner states, misrepresents, suggests, or implies, that the tTenant should or must do so to take advantage of tTenant protection laws that do not in fact require such plans. 10)Offer payments to: A. A tTenant to vacate more than once in six (6) months, after the tTenant has notified the Owner in writing that the tTenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce tTenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation. 11)Communicate with tTenant in a language other than tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying tTenant. 12)lnterfere with a tenant's right to quiet use and enjoyment of a rRental aUnit as that right is defined by law. 13)Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rRental aUnit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental aUnit to vacate such rRental aUnit or to surrender or waive any rights in relation to such occupancy. 14)Remove a housing service for the purpose of causing the tTenant to vacate the (Residential -rReal jaProperty. For example, taking away a parking space knowing that a tTenant cannot find alternative parking and must move. Order I- 21 — 24 10/18/2022 PagM EXHIBIT 1 15)Interfere with the right of tTenants to organize as tTenants and engage in concerted activities with other tTenants for the purpose of mutual aid and protection; provide property access to tTenant organizers, advocates, or representatives working with or on behalf of tTenants living at a property; convene tTenant or tTenant organization meetings in an appropriate space accessible to tTenants under the terms of their Rental aA_greement; or distribute and post literature informing other tTenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards. 16)Threatening or intimidating a tTenant based on their immigration or citizenship status or otherwise disclosing a tTenant's immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended. DIVISION 3. — RENT STABILIZATION Section 8-3140 — Prohibited Increases. (a) Increases in (Rent on Residential (Real pProperty or n4Mobilehome sSpaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one -rRent +Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa -Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no (Rent +Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach - Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City's calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in -rRent. (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable rRent +Increase based on subsection (a) herein, which shall be effective as of September 1 of that year. City Council 21 — 25 rd inarf&%/5 ofof 44 EXHIBIT 1 Section 8-3141 — Reasonable Rate of Return. This ordinance allows for an annual adjustment of Residential Real PProperty or n4Mobilehome sSpace rRent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index - based increase is found and determined to provide a just and reasonable return on an eOwner's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rRents and rental increases. Notwithstanding the foregoing, however, any eOwner of Residential Real i4Property or a mMobilehome pPark who contends that the limit on rental increases set forth in Section 8-3140 above will prevent the eOwner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division. Section 8-3142 — Fair Return Petition for Rent Increase. (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit. (b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following: 1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics; 2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent +_Increase if no previous Fair Return Petition has been made; 4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit; 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit; 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants; 8) Changes in reasonable Operating Expenses; 9) Changes in Net Operating Income; Order I- 21 — 26 10/18/2022 PagegV EXHIBIT 1 10) The need for repairs caused by circumstances other than ordinary wear and tear; 11) The amount and quality of Housing Services provided by the Landlord to the Tenants; 12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and 13) Landlord's substantial compliance with this Article and applicable housing, health and safety codes. Section 8-3143 — Capital Improvement Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass -through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions: 1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance); 2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition; 3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement; 5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit; 6) The Landlord may not require a Tenant to pay more than the Tenant's share of the cost attributable to that Tenant's Rental Unit that is permitted to be passed through to the Tenant; 7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited; 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a "use fee" is charged (i.e. — coin operated washer and dryers); and, 9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, City Council 21 — 27 rd inarf&%/5 ofof 44 EXHIBIT 1 nor shall they be considered Rent for purposes of calculating a Rent Increase. (b) Calculating Capital Improvements. Any Capital Improvement pass - through cost must be calculated according to the following: 1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass -through amounts; 2) For mixed -use structures and Landlord -occupied Rental Units, only the percent of residential square footage will be applied in the calculations; 3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. — insurance, court -awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following: 1) Capital Improvement completed; 2) Landlord's Petition made within two (2) years of completion of Capital Improvement; 3) Distinguished from ordinary repair or maintenance; 4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit; 6) No "use fee" or other charge imposed on Tenants for its use; and, 7) Cost -factored and amortized. Section 8-3144 — Tenant Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds: 1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase; Ord i I- 21 — 28 10/18/2022 PageWo EXHIBIT 1 2) To request a reduction in Rent based on decreased Housing Services; 3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations; 4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or, 5) For any other violation of this Article by the Landlord. (b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits: 1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and, 3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s). (c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following: 1) Landlord allows violations of this Article or other applicable state and local statutes to persist; 2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear; 4) Landlord's failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord's failure to comply substantially with this Article or applicable housing, health and safety codes. (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated. City Council 21 — 2g r inanf& �� g e of 44 EXHIBIT 1 Section 8-3145 — Petition Process A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a "party" to the Petition. The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Taaaloa. Vietnamese and Korean), as well as Enalish. (a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division. (b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City's Miscellaneous Fee Schedule. (c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days. (d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord- 1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or, 2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability. (e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party. Ord irr�tt��cc�� I- 21 — 30 10/18/2022 Page'''o EXHIBIT 1 (f) Hearing Officer. An impartial hHearing eOfficer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers: 1) To make a determination on a Petition; and 2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board's sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer. (h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing. (i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. 0) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties. (k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the #Hearing eOfficer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer. (1) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The #Hearing eOfficer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The #Hearing eOfficer may request the City to conduct a current building inspection if the #Hearing eOfficer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied. City Council 21 — 31 r inar% Mge of 44 EXHIBIT 1 (m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing. (n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings upon which the determination is based. The Hearing Officer's decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division. (p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer's decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code. (r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer's decision been the same as that of the Board. Section 8-3146 — Voluntary Mediation Order I- 21 — 32 10/18/2022 PagetWo EXHIBIT 1 (a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a n4Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence. (b) It is the intent and purpose of mediation to provide a process in which n4Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process. (c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the n4Mediator is to facilitate open communication to resolve a dispute in a non -adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the mMediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the mMediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract. (e) Should the parties fail to agree to a resolution, or the mMediator determines that the parties have reached an impasse, the mMediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division. (f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (g) The n4Mediator and/or pProgram aAdministrator shall provide documentation and translation services in the language that the Owner and Jenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. Section 8-3147 — Exemptions. (a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of -rRent that a (Residential (Real pProperty eOwner City Council 21 — 33 rd inar% / o EXHIBIT 1 may charge shall not apply to the following: any Residential rReal pProperty that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act addressing exemptions, as applicable. (b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a n4Mobilehome pPark eOwner may charge for a n4Mobilehome sSpace shall not apply to the following: any fnMobilehome sSpace subject to a long term (more than one year) rRental aAgreement (California Civil Code section 798.17); any newly constructed n4Mobilehome sSpace first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); fnMobilehomes not being used as a person's primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable. (c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of rRent that a rResidential -rReal pProperty Owner may charge shall not apply to the following: (1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Housing that has been issued a certificate of occupancy within the previous 15 years. (4) Residential rReal pProperty that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The eOwner is not any of the following: i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. Order I- 21 — 34 10/18/2022 PagetW EXHIBIT 1 i. The Jenants have been provided written notice that the rResidential -rReal pProperty is exempt from this section using the following statement: "This property is not subject to the Rent limits imposed by Santa Ana Municipal Code section 8- 3140 and the eOwner is not any of the following: (1) a real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a tTenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to; be provided in the Rental aAgreement. iii. For a tTenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental aAgreement. (5) A property containing two separate dwelling units within a single structure in which the eOwner occupied one of the units as the eOwner's principal place of residence at the beginning of the tTenancy so long as the eOwner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. Section 8-3148 — Rent Increase Ineffective. No (Rent +Increase shall be effective if the eOwner: (a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the (Residential (Real pProperty or mMobilehome eSpace in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or City Council 21 — 35 r inar%Mge o 4 EXHIBIT 1 (c) Fails to make repairs ordered by the City or court of competent jurisdiction. (d) No rRent +Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-3149 — Notice Requirements. (a) An eOwner of any Residential rReal pProperty or fnMobilehome sSpace subject to this provision shall, on or before the date of commencement of a tTenancy, give the tTenant a written notice in a form prescribed by the City which must include the following information: (1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the e0wner pursuant to this Division. (b) As part of any notice to increase rRent, an eOwner must include: (1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the eOwner pursuant to this Division, unless such rRent +_Increase is pursuant to an approved Fair Return Petition. (3) No rRent +Increase shall take effect until the requirements of this Division have been met. (c) The eOwner must give notices to the tTenant in the language that the eOwner and tTenant used to negotiate the terms of the tTenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. DIVISION 4. — RENTAL REGISTRY AND RENTAL REGISTRY FEE Order I- 21 — 36 10/18/2022 Paged T EXHIBIT 1 Section 8-3160 — Rental Registry Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following: (a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has: 1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management. 1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new eOwner, within thirty (30) days of the close of escrow. 2) The new eOwner is required to file a Registration Form with the City within sixty (60) days of such change. The new eOwner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new eOwner and of the new eOwner's property manager or representative, and a declaration that the new eOwner served the written notification on all the Tenants. 3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the eOwner or authorized agent changes. (c) Re -Registration Following a Vacancy. A Landlord shall, in the manner described herein, re -register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re -rented. (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of City Council 21 — 37 rd inar f&%/5 ofof 44 EXHIBIT 1 exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date. (g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form: 1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current eOwners, authorized representatives and property managers; 4) Date of assumption of ownership by current eOwners; 5) Current Rent; 6) Date and amount of last Rent Increase; and 7) Move -in date of current Tenant(s). The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article. (h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct. (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. 0) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has: Order I- 21 — 38 10/18/2022 PagetWo EXHIBIT 1 1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and, 2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator. (k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept rRent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no -rRent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-3161 — Rental Registry Fee Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid- year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City. (d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of City Council 21 — 39 r inar% /5 of 44 EXHIBIT 1 the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass -through shall not be considered part of the Rent in calculating any Rent +Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration fFee pass -through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the (Registration fFee pass -through cost overpayment. 1) No Pass -Through for Subsidized Tenants. No portion of the rRegistration fFee may be passed through to Jenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. Section 8-3162 — Education and Outreach. The Program Administrator shall have the authority to contract with community - based organizations for them to assist in the education and outreach related to this Article. •]DI6y[0]►V2101r_l0:[•il]6yn[el:11•7_1 V K Section 8-3180 — Rental Housing Board There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following: (a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, andto be approved by the City Council, in an equitable order based upon a random lottery process. ;n^iThe Board Members of the Rental Housina Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) T#reeTwo (32) Landlords; and 3) OaeTwo (42) at -large Members with no financial interest in and no ownership of income -generating rental housing. Ord irr�tt��cc�� I- 21 — 40 10/18/2022 Page'�$''o EXHIBIT 1 (b) Chairperson. The Board shall elect annually one of its Members to serve in the capacity as Chairperson. (c) Eligibility. Residents of the City are eligible to serve as members of the (d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator. Section 8-3181 — Rental Housing Board Member Term and Compensation (a) Term. Board Members shall serve terms of twe (`) .,ears and may serve p to four (4) full terms for a total Term net to eveeerd eight (ig) yefor a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason. (b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance. Section 8-3182 — Rental Housing Board Powers and Duties (a) The Rental Housing Board shall have the following powers and duties- 1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board. 2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be City Council 21 — 41 r lnar% Mge of 44 EXHIBIT 1 established by City Council resolution in the City's Miscellaneous Fee Schedule. 3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, #Hearing eOfficers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article. 6) Such other duties as are designated by resolution of the City Council. Section 8-3183 — Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article. Section 8-3184 — Rental Housing Board Meetings (a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law. (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business. (c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board. Section 8-3185 — Judicial Review Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board's decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review. DIVISION 6. — ENFORCEMENT AND REMEDIES Order I- 21 — 42 10/18/2022 PagetIV EXHIBIT 1 Section 8-3200 — Violations (a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. (b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section. (c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord's failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit. Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys' fees. (e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non -Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right. Section 4. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is City Council 21 — 43 r inanf& �6 2 g e of 44 EXHIBIT 1 no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQX exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. Order I- 21 — 44 10/18/2022 Paget90 EXHIBIT 1 ADOPTED this day of 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: City Council 21 — 45 rd inar f&%/5 o EXHIBIT 1 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Order I- 21 — 46 10/18/2022 Paget*o EXHIBIT 2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows: A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's ("Santa Ana" or "City") ability to address rent increases on residential real property and in mobilehome parks. B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance ("RSO") and Ordinance No. NS-3010, known as the Just Cause Eviction Ordinance ("JCEO") appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code ("SAMC"). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana. C. The findings in Ordinance No. NS- 3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability pose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein. D. Additionally, the City Council adopted Resolution No. 2021- 054, directing staff to: (1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof. E. On September 6, 2022, staff presented the Long -Term Implementation Plan for the RSO and JCEO to the City Council detailing various best practices based on findings from local sample jurisdictions with similar ordinances in the State of California. City Council 21 — 47 r inanFO0/ 2 age of 44 EXHIBIT 2 F. On September 6, 2022, the City Council adopted the Long -Term Implementation Plan for the RSO and JCEO and provided direction to staff to prepare amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and promote long-term sustainability of the programs. G. The amendments proposed by this Ordinance are consistent with the adopted Long -Term Implementation Plan of the RSO and JCEO and the direction by City Council at the September 6, 2022 City Council meeting. These include: 1. Create a Rental Housing Board; 2. Create a Rental Registry; 3. Adopt a Rental Registry Fee; 4. Develop a Work Plan; 5. Conduct a Fee Study Based on the Work Plan and Staffing Needs; 6. Expand Compliance Activities; 7. Create a Capital Improvement Petition and Tenant Petition; 8. Establish Petition Fees and a Petition Review Process; 9. Create a Voluntary Mediation Process; and, 10. Join the Rent Stabilization Consortium. H. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents. The City Council finds, determines and declares that the threat to the public health, safety and welfare of the City and its residents necessitates the enactment of the Ordinance. J. The Request for City Council Action for amendments to these Ordinances dated October 4, 2022, shall, by this reference, be incorporated herein, and together with this Ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this Ordinance. Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Section 3. Divisions 4 and 5 of Article X (Property Maintenance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code are hereby amended and moved to a new Article XIX (Rent and Evictions) of Chapter 8 of the Santa Ana Municipal Code to read as follows: ARTICLE XIX. — RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE Ord '�j I- 21 — 48 10/18/2022 Pageq% EXHIBIT 2 DIVISION 1. — GENERALLY Section 8-3100 — Title This Article shall be known in its entirety as the "City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance" and, for the sake of convenience, as the "Rent Stabilization and Just Cause Eviction Ordinance." Section 8-3101 — Background The Rent Stabilization Ordinance, previously adopted by the City Council on October 19, 2021, and the Just Cause Eviction Ordinance, also previously adopted by the City Council on October 19, 2021, are hereby amended pursuant to this newly adopted Rent Stabilization and Just Cause Eviction Ordinance. Section 8-3102 — Definitions a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language. c) Words and phrases defined: "Annual Allowable Rent Adjustment" means the limit on the Maximum Allowable Rent Increase, which a Landlord may charge on any Rental Unit each year. "Capital Improvement" means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children's play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of City Council 21 — 49 r inanFO0/ 2 age of 44 EXHIBIT 2 completion or after a Notice of Violation by a government agency ordering repairs. "City" means the City of Santa Ana. "Hearing Officer" means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. "Housing Services" means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. "Landlord" or "Owner" means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator" means a person whom the Program Administrator determines meets all of the following criteria: 1) Has received forty (40) to eighty (80) hours of formal training in mediation, including training in anti -racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and, 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a Ord' I- 21 — 50 10/18/2022 PagM EXHIBIT 2 commercial coach as defined in Section 18001.8 of the Health and Safety Code. "Mobilehome Space" means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11. "Mobilehome Park" means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation. "Net Operating Income" means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses). "Operating Expenses" means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs. "Program Administrator" is a person designated by the City Manager to administer the provisions of this Article. "Rental Registry Fee" or "Fee" means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. "Rent" means all periodic compensation, including all non -monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable. "Rent Increase" means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit. "Rental Agreement" means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or City Council 21 — 51 rd i n a rfO 1 g age of 44 EXHIBIT 2 occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable. "Rental Housing Board" or "Board" means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code. "Rental Registry" means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee. "Rental Unit" means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article. "Residential Real Property" or "Residential Property" means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City. "Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park. "Tenant" means any renter, tenant, subtenant, lessee, sub -lessee, roommate with Landlord's consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit. Section 8-3103 — Implementing Regulations, Policies and Procedures The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures. Ord' ��j I- 21 — 52 10/18/2022 Page'iif EXHIBIT 2 Section 8-3104 — Mobilehome Residency Law The provisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail. DIVISION 2. — JUST CAUSE EVICTIONS Section 8-3120 — Restrictions on Termination of Tenancy without Just Cause (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable. 1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows: A. The notice required by this Division must be on a form prescribed by the City and include the following information: The existence and scope of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and, City Council 21 — 53 r inarf 0� age of 44 EXHIBIT 2 ii. The right to relocation assistance in limited circumstances pursuant to subsection (d)(2) herein. B. The Owner must provide Tenant with the notice upon serving any notice of change in terms of Tenancy. C. The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Division. (b) For purposes of this section, "just cause" includes either of the following: 1) At -fault just cause, which is any of the following: A. Default in the payment of Rent. B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include: The obligation to limit occupancy, provided that the additional occupant who joins the Tenant of the Residential Real Property thereby exceeding the limits on occupancy set forth in the lease is: A dependent under age 18, or II. A replacement Tenant who moved in after an approved Tenant vacated the Residential Real Property, so long as the addition does not exceed the Uniform Housing Code. The Owner shall have the right to approve or deny the prospective additional or replacement Tenant, who is not a minor dependent child, provided that the Owner does not unreasonably withhold approval. If the Owner fails to respond to the Tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the Tenant's written request, the Tenant's request shall be deemed approved by the Ord' �j I- 21 — 54 10/18/2022 PagetW EXHIBIT 2 Owner if the lease is for a period of one (1) year or less. ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a Tenant's written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy. C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. F. Criminal activity by the Tenant on the Residential Real Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Tenant's household or other Tenants of the Residential Real Property. This at -fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at -fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is available. City Council 21 — 55 r inarf 0� age of 44 EXHIBIT 2 G. Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy based on a Tenant's sublease of the Residential Real Property if all the following requirements are met: The Tenant requests permission from the Owner in writing to sublease the Residential Real Property; II. The Tenant continues to reside in the Residential Real Property as their primary residence; III. The sublease replaces one or more departed Tenants under the lease on a one -for -one basis; and IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt of the Tenant's written request. If the Owner fails to respond to the Tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Residential Real Property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision. H. The Tenant's refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. Order I- 21 — 56 10/18/2022 Pagel V0 EXHIBIT 2 K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following: /_1 Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the Residential Real Property for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed Rental Agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. I:M The Owner complying with any of the following: An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Real Property. II. An order issued by a government agency or court to vacate the Residential Real Property. City Council 21 — 57 rd inar% / �7�f 4 EXHIBIT 2 Q III. A local ordinance that necessitates vacating the Residential Real Property. ii. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d). Intent to demolish or to substantially remodel the Residential Real Property. The Owner shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the right of first refusal to any comparable vacant Rental Unit which has been offered at comparable Rent owned by the Owner; and II. In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection. iii. For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel. Order I- 21 — 58 10/18/2022 Pagel�o EXHIBIT 2 (c) Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. (d) 1) Any written notice to cease or correct must: A. Be dated and served upon the Tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended; B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings; C. Inform the Tenant of the right to request a reasonable accommodation; D. Inform the Tenant of the contact number for the Program Administrator; and E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction. 1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant's income, at the Owner's option, do one of the following: A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due. 2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant's right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final three (3) City Council 21 — 59 rd inar f&%/5 o EXHIBIT 2 3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy. A. The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice. B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 4) An Owner's failure to strictly comply with this section shall render the notice of termination void. (e) This section shall not apply to the following types of residential real properties or residential circumstances: 1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code. 2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property. 5) Single-family Owner -occupied residences, including a residence in which the Owner -occupant rents or leases no more than two units or Order I- 21 — 60 10/18/2022 Pagel4Y EXHIBIT 2 bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 6) A duplex in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy. 7) Housing that has been issued a certificate of occupancy within the previous 15 years. 8) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. The Tenants have been provided written notice that the Residential Property is exempt from this section using the following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8- 3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement. iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental City Council 21 — 61 rd inarf&%/5 ofof 44 EXHIBIT 2 Agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b). 9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows: 1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement. 3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information." (g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that: 1) Both of the following provisions apply: A. The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following - Ord EXHIBIT 2 A temporary restraining order, emergency protective order, or protective order issued within the last 180 days pursuant to law that protects the Tenant or a household member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or ii. The Tenant or a member of their household has filed a police report within the previous 180 days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking. B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. 2) Notwithstanding this Section, an Owner may terminate the Tenancy if: A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation. 3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of 21 is a resident City Council 21 — 63 r inar% /5 of 44 EXHIBIT 2 of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable. (j) Any waiver of the rights under this section shall be void as contrary to public policy. Section 8-3121 — Notice of Termination of Tenancy. (a) When terminating a Tenancy either at -fault or no-fault, an Owner must comply with all of the following: 1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at -fault or no-fault just cause reason as provided in section 8-3120(b); and 2) The Owner has not accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and 3) The Owner qualifies the termination as at -fault or no-fault just cause, as specified in section 8-3120(b); and 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City's Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section. 5) The Owner must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the Tenancy, in addition to English. Ord err1I- 21 — 64 10/18/2022 Page'V0 EXHIBIT 2 Section 8-3122 — Retaliatory Eviction and Anti -Harassment. (a) Retaliatory Eviction. 1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily. 2) A Tenant may assert retaliation affirmatively or as a defense to the Owner's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation. 3) Retaliation against a Tenant because of the Tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation. (b) Anti -Harassment. No Owner, or any person, acting as a principal or agent, offering Residential Real Property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to Residential Real Property under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following: 1) Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3. A. `Interrupt, terminate, or fail to provide Housing Services' in this provision does not include interruptions, terminations, or failure to provide Housing Services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner's control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Rental Agreement. 2) Take any of the following actions in bad faith: A. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws; City Council 21 — 65 r inar% / of 44 EXHIBIT 2 B. Fail to exercise due diligence in completing repairs and maintenance once undertaken; C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; D. Conduct elective renovation or construction of unit for the purpose of harassing a Tenant; E. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit; F. Refuse to cash or process a Rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; G. Fail to maintain a current address for delivery of Rent payments; H. Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy; Release information protected by the Tenant's right to privacy except as required or authorized by law; or J. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation. 3) Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit Order I- 21 — 66 10/18/2022 Pageq EXHIBIT 2 that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property. 4) Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security. 5) Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in -person conversations, through social media postings or messages, or other communications. 6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action. 8) Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a Tenant: A. Sign a new Rental Agreement not in the Tenant's primary language if: Rental Agreement negotiations were conducted in the Tenant's primary language; ii. The existing Rental Agreement is in the Tenant's primary language; or City Council 21 — 67 rd inarf& /5 ofof 44 EXHIBIT 2 iii. Owner is otherwise aware that the new Rental Agreement is not in Tenant's primary language. B. Enter into a Rent repayment plan if the Owner states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans. 10)Offer payments to: A. A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Owner in writing that the Tenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation. 11)Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying Tenant. 12)lnterfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law. 13)Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy. 14)Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move. 15)lnterfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Order I- 21 — 68 10/18/2022 PageW EXHIBIT 2 Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards. 16)Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant's immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended. DIVISION 3. — RENT STABILIZATION Section 8-3140 — Prohibited Increases. (a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa -Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City's calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent. (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year. Section 8-3141 — Reasonable Rate of Return. This ordinance allows for an annual adjustment of Residential Real Property or Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index -based increase is found and determined to provide a just and reasonable return on an Owner's property, and has been adopted to encourage good management, reward efficiency, City Council 21 — 69 rd inarf&%/5 ofof 44 EXHIBIT 2 and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive Rents and rental increases. Notwithstanding the foregoing, however, any Owner of Residential Real Property or a Mobilehome Park who contends that the limit on rental increases set forth in Section 8-3140 above will prevent the Owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division. Section 8-3142 — Fair Return Petition for Rent Increase. (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit. (b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following: 1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics; 2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent Increase if no previous Fair Return Petition has been made; 4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit; 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit; 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants; 8) Changes in reasonable Operating Expenses; 9) Changes in Net Operating Income; 10) The need for repairs caused by circumstances other than ordinary wear and tear; 11) The amount and quality of Housing Services provided by the Landlord to the Tenants; 12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and Ord i I- 21 — 70 10/18/2022 Page V. EXHIBIT 2 13) Landlord's substantial compliance with this Article and applicable housing, health and safety codes. Section 8-3143 — Capital Improvement Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass -through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions: 1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance); 2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition; 3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement; 5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit; 6) The Landlord may not require a Tenant to pay more than the Tenant's share of the cost attributable to that Tenant's Rental Unit that is permitted to be passed through to the Tenant; 7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited; 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a "use fee" is charged (i.e. — coin operated washer and dryers); and, 9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall they be considered Rent for purposes of calculating a Rent Increase. (b) Calculating Capital Improvements. Any Capital Improvement pass - through cost must be calculated according to the following: City Council 21 — 71 r inar% Mge ofof 44 EXHIBIT 2 1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass -through amounts; 2) For mixed -use structures and Landlord -occupied Rental Units, only the percent of residential square footage will be applied in the calculations; 3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. — insurance, court -awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following: 1) Capital Improvement completed; 2) Landlord's Petition made within two (2) years of completion of Capital Improvement; 3) Distinguished from ordinary repair or maintenance; 4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit; 6) No "use fee" or other charge imposed on Tenants for its use; and, 7) Cost -factored and amortized. Section 8-3144 — Tenant Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds: 1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase; 2) To request a reduction in Rent based on decreased Housing Services; 3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations; 4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or, Order I- 21 — 72 10/18/2022 Pageq EXHIBIT 2 5) For any other violation of this Article by the Landlord. (b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits: 1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and, 3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s). (c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following: 1) Landlord allows violations of this Article or other applicable state and local statutes to persist; 2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear; 4) Landlord's failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord's failure to comply substantially with this Article or applicable housing, health and safety codes. (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated. Section 8-3145 — Petition Process A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a "party" to the Petition. The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by City Council 21 — 73 r inar% /5 of 44 EXHIBIT 2 the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. (a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division. (b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City's Miscellaneous Fee Schedule. (c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days. (d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord: 1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or, 2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability. (e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party. (f) Hearing Officer. An impartial Hearing Officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers: 1) To make a determination on a Petition; and 2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board's sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer. Ord irrcc�� I- 21 — 74 10/18/2022 Page'''o EXHIBIT 2 (h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing. (i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions. 0) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties. (k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the Hearing Officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer. (1) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The Hearing Officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The Hearing Officer may request the City to conduct a current building inspection if the Hearing Officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied. (m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing. (n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings City Council 21 — 75 r inar% /5 of 44 EXHIBIT 2 upon which the determination is based. The Hearing Officer's decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division. (p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer's decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code. (r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer's decision been the same as that of the Board. Section 8-3146 — Voluntary Mediation (a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence. Order I- 21 — 76 10/18/2022 Paged EXHIBIT 2 (b) It is the intent and purpose of mediation to provide a process in which Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process. (c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the Mediator is to facilitate open communication to resolve a dispute in a non -adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the Mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the Mediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract. (e) Should the parties fail to agree to a resolution, or the Mediator determines that the parties have reached an impasse, the Mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division. (f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (g) The Mediator and/or Program Administrator shall provide documentation and translation services in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. Section 8-3147 — Exemptions. (a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: any Residential Real Property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act addressing exemptions, as applicable. (b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to a long term (more than one year) Rental Agreement (California Civil Code section City Council 21 — 77 rd inar f& /5 ofof 44 EXHIBIT 2 798.17); any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as a person's primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable. (c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: (1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Housing that has been issued a certificate of occupancy within the previous 15 years. (4) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: n. i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. i. The Tenants have been provided written notice that the Residential Real Property is exempt from this section using the following statement: "This property is not subject to the Rent limits imposed by Santa Ana Municipal Code section 8- 3140 and the Owner is not any of the following: (1) a Order I- 21 — 78 10/18/2022 Paget*o M EXHIBIT 2 real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a Tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to be provided in the Rental Agreement. iii. For a Tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental Agreement. (5) A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. Section 8-3148 — Rent Increase Ineffective. No Rent Increase shall be effective if the Owner: (a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the Residential Real Property or Mobilehome Space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or (c) Fails to make repairs ordered by the City or court of competent jurisdiction. (d) No Rent Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. City Council 21 — 7g rd inar f&%/5 ofof 44 EXHIBIT 2 Section 8-3149 — Notice Requirements. (a) An Owner of any Residential Real Property or Mobilehome Space subject to this provision shall, on or before the date of commencement of a Tenancy, give the Tenant a written notice in a form prescribed by the City which must include the following information: (1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The Tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division. (b) As part of any notice to increase Rent, an Owner must include: (1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The Tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division, unless such Rent Increase is pursuant to an approved Fair Return Petition. (3) No Rent Increase shall take effect until the requirements of this Division have been met. (c) The Owner must give notices to the Tenant in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. DIVISION 4. — RENTAL REGISTRY AND RENTAL REGISTRY FEE Section 8-3160 — Rental Registry Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following - Ord EXHIBIT 2 (a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has: 1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management. 1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Owner, within thirty (30) days of the close of escrow. 2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner's property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants. 3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes. (c) Re -Registration Following a Vacancy. A Landlord shall, in the manner described herein, re -register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re -rented. (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. City Council 21 — 81 r inanf&%We f44 EXHIBIT 2 (e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. (f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date. (g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form: 1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers; 4) Date of assumption of ownership by current Owners; 5) Current Rent; 6) Date and amount of last Rent Increase; and 7) Move -in date of current Tenant(s). The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article. (h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct. (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. 0) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has- 1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and, 2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any Order I- 21 — 82 10/18/2022 PagetWo M EXHIBIT 2 policies and procedures adopted by the Board and/or Program Administrator. (k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-3161 — Rental Registry Fee Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid- year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City. (d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass -through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass -through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass - through cost overpayment. City Council 21 — 83 r inar%Mge of 44 EXHIBIT 2 1) No Pass -Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. Section 8-3162 — Education and Outreach. The Program Administrator shall have the authority to contract with community - based organizations for them to assist in the education and outreach related to this Article. DIVISION 5. — RENTAL HOUSING BOARD Section 8-3180 — Rental Housing Board There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following: (a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing Board shall be comprised of: 1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and 3) Two (2) at -large Members with no financial interest in and no ownership of income -generating rental housing. (b) Chairperson. The Board shall elect annually one of its Members to serve in the capacity as Chairperson. (c) Eligibility. Residents of the City are eligible to serve as members of the (d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, Ord irrcc�� I- 21 — 84 10/18/2022 Page'''o EXHIBIT 2 including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator. Section 8-3181 — Rental Housing Board Member Term and Compensation (a) Term. Board Members shall serve for a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason. (b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance. Section 8-3182 — Rental Housing Board Powers and Duties (a) The Rental Housing Board shall have the following powers and duties: 1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board. 2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City's Miscellaneous Fee Schedule. 3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, Hearing Officers, City Council 21 — 85 r inar% Mge of 44 EXHIBIT 2 housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article. 6) Such other duties as are designated by resolution of the City Council. Section 8-3183 — Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article. Section 8-3184 — Rental Housing Board Meetings (a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law. (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business. (c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board. Section 8-3185 — Judicial Review Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board's decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review. DIVISION 6. — ENFORCEMENT AND REMEDIES Section 8-3200 — Violations (a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. Order I- 21 — 86 10/18/2022 Paged EXHIBIT 2 (b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section. (c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord's failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit. Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys' fees. (e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non -Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right. Section 4. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA" exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." City Council 21 — 87 rd inar% / �7�f 4 EXHIBIT 2 Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. Ord i I- 21 — 88 10/18/2022 Page90 EXHIBIT 2 ADOPTED this day of 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney /A � Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: City Council 21 — 89 rd inar f&%/5 ofof 44 EXHIBIT 2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Order I- 21 — 90 10/18/2022 PagetW City Manager Office www.santa-ana.org/city-managers-office Item # 22 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Police Review Commission Draft Ordinance Discussion AGENDA TITLE: Discuss Draft Ordinance Establishing a Police Oversight Commission and Provide Direction to Staff RECOMMENDED ACTION Discuss a draft ordinance establishing a police oversight commission and provide direction to staff. DISCUSSION Timeline Below is a timeline of activities associated with recent discussions about police oversight by members of the City Council and Police Oversight Ad Hoc Committee: June 16, 2020 • Mayor Sarmiento, Mayor Pro Tern Bacerra, and Councilmember Penaloza add a councilmember requested item to direct staff to research police oversight and return to the City Council with an informational report. September 15, 2020 • Staff presents an informational report to the City Council relating to police oversight. Topics include history of police oversight, overview of models, subpoena authority, and the Santa Ana Police Department (SAPD)'s complaint process for allegations of police officer misconduct. December 15, 2020 • Staff presents an informational report (topics include more details about subpoena authority, comparative analysis of California cities with police oversight, and community feedback survey results). September 7, 2021 • Staff presents an informational report (topics include analysis of Auditor/Monitor and Investigation -Focused models, examination of Berkeley, Oakland, Riverside, and Anaheim police oversight mechanisms, and eligibility criteria to serve on a police oversight board/commission). City Council 22 — 1 10/18/2022 Police Review Commission Draft Ordinance Discussion October 18, 2022 Page 2 October 5, 2021 • Mayor Sarmiento appoints Mayor Pro Tern Bacerra, Councilmember Hernandez, and Councilmember Lopez to the Police Oversight Ad Hoc Committee. November 2021 - June 2022 • The Police Oversight Ad Hoc Committee meets eight times to study police oversight in detail and return to the City Council within one year with a recommendation. The Ad Hoc Committee works on a draft ordinance to establish a police oversight commission. July 29, 2022 • The City Council holds a work study session and directs the City Attorney to prepare an ordinance establishing a police oversight commission. Draft Ordinance For discussion only, the City Attorney has prepared a draft ordinance (Exhibit 1) establishing a police oversight commission. The origin of the ordinance is the working draft ordinance by the Police Oversight Ad Hoc Committee and staff. Below is a summary of the provisions of the ordinance: • Establishes a Police Oversight Commission with an independent Oversight Director to assist in reviewing the police complaint process and provide a forum to review, evaluate, and make recommendations about police and public safety. • Proposes a police oversight model that is a hybrid model consisting of elements of both the Auditor/Monitor and Investigation -Focused models. • Consists of seven commissioners appointed by the City Council. • Requires that each commissioner do the following: o Take an oath and execute a confidentiality agreement. o Participate in a ride -along. o Receive training. • Requires that the Commission meet within 30 days of all commissioners being appointed. • Provides that the City Manager recommend a budget for the Commission as part of the annual budget process. • Rules and records are to be developed by the Commission, in consultation with the Independent Oversight Director and City Manager. Next Steps At this time, staff seeks direction from the City Council relating to the draft ordinance. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 22 — 2 10/18/2022 Police Review Commission Draft Ordinance Discussion October 18, 2022 Page 3 EXHIBIT(S) 1. Draft Ordinance (for discussion only) Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 22 — 3 10/18/2022 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO DELETE DIVISION 11 AND REPLACE IT WITH A NEW DIVISION 11 FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION RECITALS A. The residents of the City of Santa Ana are concerned about public safety and have expressed their concern through various means of civil engagement, including participation in community forums on civilian oversight and widespread protests in 2020 as part of the national movement for racial justice and police accountability. B. There have been publicized allegations of excessive force, unnecessary use of force, abuse of authority, and bribery committed by Santa Ana Police Officers which erodes public trust in law enforcement and the community, the Police Department and the City Council are committed to working together to build trust and improve public safety. C. The City of Santa Ana has settled numerous lawsuits concerning allegations against police officers and the Santa Ana Police Department (Department or Police Department) and the settlements are reported to have cost the City an estimated $24 million and the City Council is committed to exploring ways to reduce liability through improvements in police operations. D. The establishment of the Santa Ana Police Oversight Commission will support democratic governance and will lead to an even more professional, well -managed, ethical, and highly functioning Police Department. E. Santa Ana residents and the City Council desire a highly resourced and effective Oversight Commission to improve law enforcement operations and build community trust. F. The Santa Ana City Council is committed to providing the resources needed to properly investigate allegations of abusive police practices, police misconduct, officer -involved shootings, and other serious uses of force and thereby determines it is necessary to ensure the people who conduct investigations have the requisite expertise, establish the credibility of the investigations, and inspire the community's confidence in their quality and independence. G. Pursuant to the City of Santa Ana City Charter Section 700, the City Council may provide for the organization, conduct, and operation of offices, departments, and other agencies set forth in the Charter and may provide for the creation of additional departments, divisions, offices, and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. 111946Vt6&6JI 22 — 4 10/18/2022 H. Pursuant to City Charter Section 700, the City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies or create additional offices or departments. I. Pursuant to City Charter Section 900 the City Council may establish appointive boards and commissions by ordinance and shall specify in such ordinance the powers and duties of the boards and commissions. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended by deleting the existing Division 11 in its entirely and replacing it to read as follows: CHAPTER 2 ARTICLE IV DIVISION 11 — POLICE OVERSIGHT COMMISSION 2-616. Establishment and Purpose. There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission"). The purpose of the Commission shall be to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department, provide for an Independent Oversight Director to assist in reviewing the police complaint process and provide a forum to review and evaluate and make recommendations about police and public safety. 2-617. Police Oversight Commission Membership and Term The Commission shall consist of seven (7) members to be appointed by the city council from the residents of the city. The city council shall appoint members who are fair and impartial and represent diverse social, economic and political interests. The city council shall consider the career and life experiences of Commission applicants and appoint people whose experiences will most benefit the Commission's ability to carry out its duties and responsibilities and build trust with the community. The City Clerk shall prepare application forms requiring applicants to provide information demonstrating that they meet qualification requirements set forth in Section 2-618. 11194 ftVt6&6jI 22 — 5 10/18/2022 2-618. Qualifications of Commissioners Qualifications of Commissioners. (a) All members of the Commission shall reside in the City of Santa Ana. (b) Elected or appointed officers and employees serving the City shall not be eligible for appointment to the Commission. (c) Any person who is an employee of any federal, state, county or city governmental entity or agency or any member of the employee's immediate family shall not be eligible for appointment to the Commission unless at least five (5) years has passed from the date of their separation from the governmental entity with which they were previously employed. "Immediate family" as used herein shall be defined as the spouse, registered domestic partner, or dependent children of the government employee. This prohibition excludes any person who is an employee of any college or university, (member of academia) and any person employed by a non-profit organization. (d) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Santa Ana Police Department are ineligible to serve on the Commission. Sec. 2-618. — Commissioner confidentiality and training (a) Prior to attending his or her first Commission meeting, each Commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that private personnel information and other information subject to state law protections is not released or shared (b) No later than 90 days after appointment, each member shall: 1. Participate in a ride -along with the Santa Ana Police Department and every six (6) months thereafter; and 2. Receive training in relevant subject matters, including but not limited to the police department's operations, policies, practices, procedures related to: internal affairs investigations, authorized uses of force including the use of deadly force, control devices and techniques, uses of conducted energy devices, handcuffing and restraints, detention and arrest of persons, search and seizure of persons and property, and vehicle pursuits well as the duties, responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the [Independent Inspector/Director 3. All training shall be predominantly obtained from independent, third -party 5539461Q tNNfi6i[1 22 — 6 10/18/2022 bodies or institutions that have experience with internal affairs of police departments and civilian review investigations and audits. 4. Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq. and Penal Code Sections 832.7 and 832.8 and Evidence Code Sections 1040-1043, state use of force standards, police union contract, labor rights, in - person Implicit Bias training, and best practices for conducting investigations. Sec. 2-620. - Meetings. The Commission shall hold its first meeting within thirty (30) days after all of its members have been appointed. At such meeting, the Commission shall fix the time and place of regularly scheduled meetings which shall not meet less than once each month. The Police Chief or their designee or other person directed by the City Manager shall attend all regular and special meetings of the Commission and provide regular staff support to the Commission. Sec. 2-621. - Powers and duties of the Police Oversight Commission. To effectuate its purpose, the Commission shall: (a) Review and evaluate the policies, practices and procedures contained in the Santa Ana Police Department policies manual and develop programs and strategies to promote positive police community relations and make appropriate recommendations to the City Manager and the City Council. Within thirty (30) days after receiving such recommendations the City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. MENU ITEMS FOR SECTION (b) [There may be other suggested options upon discussion]: (b) Receive, hear and review misconduct complaints against Santa Ana police officers alleging the use of force that result in great bodily injury, discrimination, officer veracity, sexual harassment, and/or sexual assault by on -duty Santa Ana police officers. O 5539461Q tNNfi6i[1 22 — 7 10/18/2022 (b) Hear and review misconduct complaints against Santa Ana police officers where the allegation involves the use of force that resulted in great bodily injury, discrimination, officer veracity, sexual harassment, and/or sexual assault if the Department's Internal Affairs investigation results in a finding of "unfounded", "exonerated" or "not sustained" and thereafter by unanimous vote, recommend Oversight Director conduct independent investigation; (b) Receive and review all findings from Internal Affairs stemming from misconduct complaints against Santa Ana police officers where the allegation involves the use of force that result in great bodily injury, discrimination, officer veracity, sexual harassment, and/or sexual assault. (1) All complaints to be reviewed by the Commission must be addressed to the Commission and must be in writing on forms supplied by the Commission and shall be signed by the complainant. Anonymous complaints will not be accepted. (2) A copy of each complaint filed for Commission review shall immediately be forwarded to the members of the Commission, the Independent Oversight Director, the City Manager and the Chief of Police. (3) No complaint shall be accepted, reviewed or investigated by the Commission or the Independent Oversight Director if it is not filed with the Commission within one hundred and twenty (120) days of the alleged misconduct by the Santa Ana Police Officer. (4) All Commission discussions with the Independent Oversight Director concerning alleged misconduct of any Santa Ana police officer shall be held in closed session. At least ten (10) days' advance written notice of the date of the meeting in which a specific officer will be discussed in closed session shall be given to the complainant and the named police officer and their legal counsel, if known to the Commission. (c) Receive and discuss reports from the Independent Oversight Director on all incidents of the following: (1) officer -involved shootings, (discharge of a firearm at a person by a Santa Ana peace officer) that results in death; (2) in -custody deaths; (3) uses of force by a Santa Ana police officer that result in great bodily injury of a person. (d) Direct the Independent Oversight Director to independently investigate a complaint of police misconduct as set forth in subsection (b) as authorized by this Division 11 or the City Council provides authorization pursuant to Santa Ana City Charter Section 1100. (1) The Independent Oversight Director shall investigate timely complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the City Council hereby 5539461Q tNNfi6il1 22 — 8 10/18/2022 authorizes the Independent Oversight Director to subpoena witnesses for the investigation. At the conclusion of the investigation, the Independent Oversight Director shall submit a report with findings and recommendations, either orally or in writing, to the Commission. (2) Upon receipt of the Independent Oversight Director's report, the Commission may: (i) Direct the Independent Oversight Director to investigate the complaint further; (ii) Forward the Commission's findings and recommendations concerning the complaint to the City Manager based upon the Independent Oversight Director's report. (e) Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented. (f) Advise the Mayor, City Council, City Manager, and Police Chief on community relations issues involving the Santa Ana Police Department. (g) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management Association and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. (h) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices and procedures. (i) Prepare and submit an annual report to the City Council concerning the Commission's activities, findings and recommendations. a) The number of investigations initiated during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; b) The number of investigations concluded during the reporting period, and, of those investigations, the number that took more than six months to conclude and data summarizing the nature of the alleged or actual underlying conduct; c) The number of investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct; d) The number of complaints not sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; e) The number of complaints sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; f) The number of complaints filed against each police officer in each police department during the reporting and data summarizing the nature of the alleged or actual underlying conduct; g) The number of complaints referred to other agencies during the reporting period and the identity of such other agencies and data regarding summarizing the nature of the alleged or actual underlying conduct. 0) Perform such other duties as requested by the City Council. 5539461VtN3�fi6il1 22 - 9 10/18/2022 Sec. 2-622. — Appointment and role of an Independent Oversight Director (a) The City Council does hereby authorize the appointment of an Independent Oversight Director (referred to as Oversight Director in this Section) pursuant to City Charter Section 1100 and in accordance with this Section 1100 shall appoint the Oversight Director. The Oversight Director may be engaged through a professional services agreement or may be hired as a City employee at the discretion of the City Council. (b) The Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) The Oversight Director shall, in accordance with this division, when directed by the Commission after receiving a complaint covered by this division, conduct investigations of complaints from members of the public alleging: the use of unreasonable force, discrimination, lack of officer veracity, sexual harassment, and/or sexual assault by on - duty police officers of the Santa Ana Police Department and all incidents involving the discharge of a firearm at a person by a Santa Ana police officer, and/or when death or serious bodily injury results from direct police action. In addition to conducting investigations related to complaints, the Oversight Director shall also have the independent authority to periodically request and review general citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or serious bodily injury has been caused by direct police action. No investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance adopting this division. (d) The Oversight Director shall conduct all audits and investigations in a fair, objective, impartial and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Sections 3300, et seq.) in interviewing police officers. The Oversight Director shall prepare a written report of each investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. Report shall comply with the provisions of Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1046. After review by the Commission the public record of the investigation shall be posted on the public website for the Commission within thirty (30) days. All disclosures of investigations conducted by the Oversight Director shall comply with California Penal Code Sections 832.5 and 832.7 and California Evidence Code Sections 1043 and 1046, as amended from time to time. The Oversight Director may discuss findings with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5 and 832.7 and California Government Code Sections 3300, et seq. (e) The City Manager or their designee shall assist with advertising the position of Oversight Director and shall prepare the necessary documents to engage the Oversight Director. The City Council shall review all qualifying applications and select no more than three applicants to interview for the role of Oversight Director. The Commission 5539461Q tNNfi6il1 22 — 10 10/18/2022 shall be permitted the opportunity to review the top three applicants and recommend a candidate to the City Council. The Oversight Director shall, pursuant to Charter Section 1100, report directly to the City Council. Sec. 2-623. — Budget and Support for Commission and Independent Oversight Director The City Manager shall make a recommendation to Council, as part of the annual City budget to fund the Commission and any additional labor, consulting, equipment, training or materials necessary for the Commission and the Independent Oversight Director to carry out the duties and exercise the powers set forth in this division. Sec. 2-624. - Rules and records. The Commission shall, in consultation with the Independent Oversight Director and the City Manager develop rules for the transaction of business of the Commission, which rules shall, among other things, include the manner of calling and giving notice of special meetings and hearings and the appointment and powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. The City Council shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records of its resolutions, rules, transactions, motions, orders, findings, recommendations and determinations. Except for those items made confidential by California Penal Code Sections 832.5 and 832.7, the records of the Commission shall be open to the public. 2-625. Severability. Should any provision of this division, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this division or Chapter or the application of this division or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 3. Section 2-325 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended to add a subsection (i) to read as follows: Sec-2-235.-Compensation for members of boards, commissions. (i) Police Oversight Commission. Each Commissioner shall receive $50 per meeting with no more than four (4) compensated meetings per month. SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law and this Ordinance shall take effect thirty (30) days after its final adoption. SECTION 5. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any 5539461Q tNNfi6il1 22 —11 10/18/2022 court of competent jurisdiction or preempted by state legislation, such decision or legislation 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 passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. 5539461Q tNNfi6il1 22 — 12 10/18/2022 Public Works Agency www.santa-ana.org/pw i Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 18, 2022 TOPIC: Report on Water Quality Relative to Public Health Goals AGENDA TITLE Public Hearing — Report on Water Quality Relative to Public Health Goals RECOMMENDED ACTION Receive and file the Report on Water Quality Relative to Public Health Goals. DISCUSSION The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment establishes Public Health Goals (PHGs) for drinking water contaminants. The PHGs are guidelines, not requirements, for any public water system. PHGs are frequently much lower than the maximum contaminant levels (MCLs) established by the United States Environmental Protection Agency (USEPA). Under provisions of the California Health and Safety Code, the City is required to prepare a special report every three years identifying water quality measurements that have exceeded PHGs (Exhibit 1). For the years of 2019, 2020, and 2021, the report depicts that Santa Ana's drinking water continues to meet all State of California, Department of Health Services, and USEPA drinking water standards set to protect public health. The City's drinking water consists of naturally -occurring arsenic, radium, uranium, gross alpha particle activity, and gross beta particle activity, as well as bromate and perchlorate. The report provides estimated costs for using the best available technologies for treatment of these contaminants and intended actions by the City to reduce the concentration of the contaminants. No further treatment programs are planned at this time due to the extraordinary capital and maintenance costs that would be required to construct and operate these treatment systems. The report indicates that using the best available treatment options, ion exchange and reverse osmosis, may remove all the contaminants detected above the PHGs but would cost between $10,200,000 and $80,000,000 per year. State law specifies that a public hearing for the purpose of accepting and responding to public comments on the report be held. This public hearing meets the legal requirement. City Council 23 — 1 10/18/2022 Water Quality — Public Health Goals October 18, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. City of Santa Ana Report on Water Quality Relative to Public Health Goals Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 23 — 2 10/18/2022 �oY1RNME�1„ fits THe 6010�N CITY _ fOUN eF4 1[Av � CITY OF SANTA ANA 2022 PUBLIC HEALTH GOALS REPORT JUNE 2022 861 Village Oaks Drive, Suite 100 • Covina, California 91724 Phone:(626) 967-6202 • Fax:(626) 331-7065 • Website:www.stetsonengineers.com Northern California Southern California Arizona Colorado Oregon En c i 1 23 — 3 10/18/2022 2022 Public Health Goals (PHGs) Report City of Santa Ana 1.0 Introduction Under the Calderon -Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial report was due on July 1, 1998, and subsequent reports are due every three years thereafter. This report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2019, 2020, and 2021 or, if certain analyses were not performed during those years, the most recent data available. The report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Reports, which are mailed to customers by July 1 of each year. There are no regulations explaining requirements for the preparation of PHGs reports. A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHGs reports. The ACWA guidelines were used in the preparation of this 2022 report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines. City ity ouncil 23 — 4 port 2.0 California Drinking Water Regulatory Process California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system. The State office designated to develop PHGs is the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA). The PHG is then forwarded to the State Water Resources Control Board, Division of Drinking Water (DDW) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. California MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL. Each MCL is reviewed at least once every five years. Two radiological contaminants (gross alpha particle and gross beta particle) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal U.S. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the 2022 PHGs Report. 3.0 Identification of Contaminants Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG. City ity ouncil 23 — 5 1b7fWfdff port The City of Santa Ana (City) water system has approximately 45,256 service connections. The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs: • Arsenic — naturally -occurring in local groundwater. • Bromate — formed when naturally -occurring bromide reacts with ozone during the disinfection process in surface water purchased from Metropolitan Water District of Southern California (MWDSC). • Perchlorate — industrial contamination in local groundwater. • Gross alpha particle activity (gross alpha) — naturally -occurring in local groundwater and surface water purchased from MWDSC. • Gross beta particle activity (gross beta) — naturally -occurring in surface water purchased from MWDSC. • Radium, Combined (sum of Radium-226 and Radium-228) — naturally -occurring in surface water purchased from MWDSC. • Uranium — naturally -occurring in local groundwater and in surface water purchased from MWDSC. The accompanying chart shows the applicable PHG or MCLG and MCL for each contaminant identified above. The chart includes the maximum, minimum, and average concentrations of each contaminant in drinking water supplied by the City in calendar years 2019 through 2021. 4.0 Numerical Public Health Risks Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany chart. Only numerical risks associated with cancer -causing chemicals have been quantified by OEHHA. City ity ouncil Ij 23 — 6 port Arsenic — OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 2.5 excess cases of cancer in 1,000 people exposed over a 70-year lifetime Bromate — OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 1 excess cases of cancer in 10,000 people exposed over a 70-year lifetime. Gross Alpha — OEHHA has not established a PHG. USEPA has established an MCLG of 0 and the risk associated with the MCL is 1 excess case of cancer in 1,000 people over a lifetime exposure. Gross Beta — OEHHA has not established a PHG. USEPA has established an MCLG of 0 and the risk associated with the MCL is 2 excess cases of cancer in 1,000 people over a lifetime exposure. Perchlorate — OEHHA has not established a numerical health risk for perchlorate because PHGs for non -carcinogenic chemicals in drinking water are set at a concentration at which no known or anticipated adverse health risks will occur, with an adequate margin of safety. Radium, Combined — OEHHA has determined that the health risk associated with the PHG is 1 excess case of cancer in one million people over a lifetime exposure and the risk associated with the MCL is 1 excess case of cancer in 10,000 people for radium- 226 and 3 excess cases of cancer in 10,000 people for radium-228 over a lifetime exposure. Uranium — OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk City ity ouncil 23 — 7 port associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70-year lifetime. 5.0 Identification of Risk Categories Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying chart. 6.0 Description of Best Available Technology Section 116470(b)(4) of the Health and Safety Code requires a description of the BAT, if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The BATs are shown on the accompanying chart. 7.0 Costs of Using Best Available Technologies and Intended Actions Section 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate cost and cost per customer of utilizing the BATs identified to reduce the concentration of a contaminant to a level at or below the PHG or MCLG. In addition, Section 116470(b)(6) requires a brief description of any actions the water purveyor intends to take to reduce the concentration of the contaminant and the basis for that decision. Arsenic — The BATs for removal of arsenic in water for large water systems are: activated alumina, coagulation/filtration, electrodialysis, ion exchange, lime softening, oxidation/filtration, and reverse osmosis. Arsenic was detected above the PHG in the local groundwater (Well 37). The City is in compliance with the MCL for arsenic. The estimated cost to reduce arsenic levels in local groundwater to below the PHG of 0.004 City fity ouncil 23 — 8 port microgram per liter (pg/1) using ion exchange was calculated. Because the DDW detection limit for purposes of reporting (DLR) for arsenic is 2 pg/l, treating arsenic to below the PHG level means treating arsenic to below the DLR of 2 pg/l. There are numerous factors that may influence the actual cost of reducing arsenic levels to the PHG. Achieving the water quality goal for arsenic could be approximately $2,120,000 per year, or $47 per household per year. Bromate — The BATs for removal of bromate in water for large water systems are: coagulation/filtration optimization, granular activated carbon, and reverse osmosis. Bromate was detected above the PHG in surface water supplied by MWDSC. The City is in compliance with the MCL for bromate. The estimated cost to reduce bromate levels in MWDSC surface water to below the PHG of 0.1 pg/I using reverse osmosis was calculated. Because the DDW DLR for bromate is 1 pg/I, treating bromate to below the PHG level means treating bromate to below the DLR of 1 pg/I. There are numerous factors that may influence the actual cost of reducing bromate levels to the PHG. Achieving the water quality goal for bromate could range from approximately $2,280,000 to $19,500,000 per year, or between $50 and $431 per household per year. Gross Alpha, Gross Beta, Combined Radium, and Uranium — The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove gross beta, combined radium, and uranium, if detected. Gross alpha was detected above the MCLG in the local groundwater (Wells 18, 20, 21, 24, 27, 28, 30, 31, 33, 34, 35, 36, 37, 39, and 41) and in the surface water supplied by MWDSC. Gross beta was detected above the MCLG in the surface water supplied by MWDSC. Combined radium was detected above the MCLG in the surface water supplied by MWDSC. Uranium was detected above the PHG in the local groundwater (Wells 18, 20, 21, 24, 27, 28, 30, 31, 33, 34, 35, 36, 39, and 41) and in the surface water supplied by MWDSC. The cost of providing treatment using reverse osmosis to reduce gross alpha levels in local groundwater and in MWDSC surface water to the MCLG of 0 picoCurie per liter (pCi/1) (and consequently gross beta in MWDSC surface water below the MCLG; combined radium in MWDSC surface water below the MCLG; and uranium City fity ouncil 23 — 9 port in local groundwater and in MWDSC surface water below the PHG) was calculated. Because the DLR for gross alpha is 3 pCi/I, treating gross alpha to 0 pCi/I means treating it to below the DLR of 3 pCi/I. Achieving the water quality goal for gross alpha could range from $9,180,000 to $78,500,000 per year, or between $203 and $1,735 per household per year. Perchlorate — The BATs for removal of perchlorate in water are: ion exchange and biological fluidized bed reactor. Perchlorate was detected above the PHG in the local groundwater (Wells 18, 21, 24, and 36). The City is in compliance with the MCL for perchlorate. The estimated cost to reduce perchlorate levels in local groundwater to below the PHG of 1 pg/I using ion exchange was calculated. Because the DLR for perchlorate is 2 pg/I, treating perchlorate to below the PHG level means treating perchlorate to below the DLR of 2 pg/I. There are numerous factors that may influence the actual cost of reducing perchlorate levels to the PHG. Achieving the water quality goal for perchlorate could range from $1,040,000 to $2,270,000 per year, or between $23 and $50 per household per year. All Contaminants — In addition, a cost estimate to treat all water produced or purchased by the City using ion exchange and reverse osmosis to remove all the contaminants detected above the PHGs or MCLGs was calculated. All the contaminants listed in the accompanying chart may be removed to non -detectable levels by ion exchange and reverse osmosis. As shown on the accompanying chart, achieving the water quality goals for all contaminants using ion exchange and reverse osmosis could range from $10,200,000 to $80,800,000 per year, or between $226 and $1,785 per household per year. For additional information, please contact Mr. Robert Hernandez, Water Services Quality Supervisor, at (714) 647-3341, or write to the City of Santa Ana, 220 South Daisy Avenue, Santa Ana, California 92703. J:\2605\2605-003 - Santa Ana 2022 PHG\Santa Ana 2022 PHG text Final.docx City fity ouncil 23 — 10 port 2022 PUBLIC HEALTH GOALS REPORT CITY OF SANTA ANA UNITS PHG CONCENTRATION CATEGORY CANCER RISK CANCER BEST AGGREGATE COST PER PARAMETER OF OR MCL DLR GROUNDWATER SURFACE WATER OF AT PHG RISK AVAILABLE COST HOUSEHOLD MEASUREMENT (MCLG)* VALUE RANGE VALUE RANGE RISK OR MCLG AT MCL TECHNOLOGIES PER YEAR PER YEAR INORGANIC CHEMICALS Arsenic pg/I 0.004 10 2 ND ND - 2.2 ND ND C 1 x 10-6 2.5 x 10-3 AA,C/F,E,IE,LS,O/F,RO $2,120,000 (a) $47 (a) Bromate pg/I 0.1 10 1 NR NR 1.3 ND-7 C 1 x 10-6 1 x 10-4 C/F, GAC, RO $2,280,000 - $19,500,000 (b) $50 - $431 (b) Perchlorate pg/I 1 6 2 ND ND-5 ND ND E NA NA IE, BFBR $1,040,000 - $2,270,000 (c) $23 - $50 (c) RADIOLOGICAL Gross Alpha Particle Activity pCi/I (0) 15 3 ND ND - 14 ND ND-3 C 0 1 x 10-3 RO $9,180,000 - $78,500,000 (d) $203 - $1,735 (d) Gross Beta Particle Activity pCi/I (0) 50 4 NR NR ND ND-7 C 0 2 x 10-3 IE, RO -- -- Radium, Combined (e) pCi/I (0) 5 1 (e) ND ND ND ND-1 C 1 x 10-6 3 x 10-4 IE, LS, RO -- - Uranium pCi/I 0.43 20 1 2.8 ND - 8.2 1.3 ND-3 C 1 x 10-6 5 x 10-5 RO - -- ALL CONTAMINANTS -- -- I -- I -- -- -- -- -- -- -- -- IE and RO $10,200,000 - $80,800,000 (f) $226 - $1,785 (f) * MCI -Gs are shown in parentheses. MCI -Gs are provided only when no applicable PHG exists. RISK CATEGORIES C (Carcinogen) = A substance that is capable of producing cancer. E (Endocrine Toxicity; Developmental Toxicity) = Affects tyroid; causes neurodevelopmental deficits NOTES PHG = Public Health Goal MCL = Maximum Contaminant Level MCLG = Maximum Contaminant Level Goal NA = Not Appplicable or Available ND = Not Detected NR = Not Required ug/I = micrograms per liter or parts per billion pCi/I = picoCuries per liter DLR = Detection Limit for Purposes of Reporting (a) Estimated cost to remove arsenic using IE. (b) Estimated cost to remove bromate using RO. (c) Estimated cost to remove perchlorate using IE. (d) Estimated cost to remove gross alpha particle activity using RO, which also removes combined radium, gross beta particle activity, and uranium. (e) As the sum of radium-226 and radium-228. DLRs for radium-226 and radium-228 is 1 pCi/L and 1 pCi/L, respectively. (f) Assuming treating the entire production by IE and RO, which can remove all contaminants listed in the above chart to below the detecchart levels. J:\2605\2605-003 - Santa Ana 2022 PHG\Santa A-_ph9tab1e_2022.x1- TREATMENT TECHNOLOGIES AA = Activated Aluminum BFBR = Biological Fluidized Bed Reactor C/F = Coagulation/Filtration E = Electrodialysis GAC = Granular Activated Carbon IE = Ion Exchange LS = Lime Softening O/F = Oxidation/Filtration RO = Reverse Osmosis City Council 23 – 11 10/ 18/2022