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Agenda Packet_2024-01-16
City Council, Special Housing Authority, and Special Successor Agency Meeting Packet TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Mayor Pro Tern - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Sonia R. Carvalho City Attorney January 16, 2024 CLOSED SESSION MEETING — 4:30 PM REGULAR OPEN MEETING — 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Tom Hatch Interim City Manager Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Jennifer L. Hall City Clerk 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/agendas-and-minutes. City Council 1 1/16/2024 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 1/16/2024 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, 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 City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 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&santa- ana.ora. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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 — As a courtesy, 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:Hus02web.zoom.us/o/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. 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 4:30 p.m. for Closed Session items and by 5:45 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. City Council 3 1/16/2024 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 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 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 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 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 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY 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 5:45 p.m. will not be permitted to speak. 5. LIVE PUBLIC COMMENTS ON SUCCESSOR AGENCY 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 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to- Enalish) in addition to those wishina to address the Citv Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible Dara cualauiera aue desee diriairse al conseio municipal en el podio. 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 1/16/2024 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • In re Aqueous Film -Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property Address: 849 N. Garnsey St., APN: 005-142-01 Agency Negotiator: Interim City Manager Tom Hatch Negotiating Party: Carlos J & Olivia Saldivar Terms: Potential Acquisition 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Jason Motsick, Human Resources Executive Director Employee Organization: • Santa Ana Police Officers Association (POA) 4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957 Title: City Manager City Council 5 1/16/2024 RECONVENE — City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Gustavo Hernandez ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Bacerra to the Santa Ana College Football Team for Exceptional Athletic Accomplishments 2. Certificates of Recognition presented by Councilmember Hernandez to the Sauvecito Foundation and the Midnite Cruisers for Outstanding Contributions to the Community CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS — 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. City Council 6 1/16/2024 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 24 and waive reading of all resolutions and ordinances. 3. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of July 18, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 5. Appointments to the Santa Ana Workforce Development Board Department(s): Community Development Agency Recommended Action: Appoint Natasha Milatovich (replacing Bridget Kavanaugh) for a partial four-year term expiring May 31, 2024 and Mat Garcia (replacing Andy Wadhera) for a partial four-year term expiring May 31, 2026 to the Santa Ana Workforce Development Board. 6. Receive and File: Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed - Upon -Procedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2023- 1 . The Auditor's unmodified "clean" opinion letter for the fiscal year 2022-23 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) 2. Government Auditing Standards (GAS) Letter 3. Governance Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed -Upon -Procedures Report 7. Receive and File the Certification of Approval by City Engineer of Final Tract Map 2019-02, County Tract Map No. 19064 For 301 and 305 North Mountain View Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02. 8. Award a Purchase Order Contract to Los Angeles Truck Centers for One Rizon e18L EV Truck, in an Amount Not -to -Exceed $237,588 (Bid No. 23-190) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $237,588 in prior -year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services -Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one-time purchase and payment of a Purchase Order to Los Angeles Truck Centers for one 2023 Rizon el8L EV Truck, in an amount not to exceed $237,588, including a $20,000 contingency amount. City Council 7 1/16/2024 9. Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 21-6897, 22-6897, 23-6897, 24-6897) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute second amendments to agreements for traffic counting services with AimTD, LLC and Transportation Studies, Inc., to increase the agreement aggregate amount by an additional $100,000, for a total agreement aggregate amount of $240,000 from June 30, 2024 to June 30, 2025 (Agreement No. A-2024-XXX). 10. Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 23-6999) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane). 2. Approve an appropriation adjustment to recognize Transportation System Impact Authority Area A funds in an amount of $839,168 in the Prior Year Carry Forward revenue account, and appropriate the same amount to the Transportation System Impact Authority Area A, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 24-2600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23-6999) to complete the project funding requirement 4. Award a construction contract to Baker Electric & Renewables LLC., the lowest responsive bidder, in accordance with the base bid in the amount of $691,335, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of new Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term beginning December 19, 2023 and ending upon project completion. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2020-96 was filed for the project 23-6999. 11. Cooperative Agreement with the Orange County Transportation Authority for the Operations and Maintenance of the OC Streetcar System (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Operations and Maintenance of the OC Streetcar System for a term beginning on the effective date of this agreement for a period of 50 years, with an optional 20-year extension at the discretion of OCTA (Agreement No. A-2024-XXX). 12. Approve an Agreement with Professional Sports Field Maintenance, Inc. for Infield Maintenance Services at City Parks and Facilities in an Amount Not -to -Exceed $2,759,035 (RFP No.23-152) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount not -to -exceed $459,839, plus an annual contingency of $91,968, for a total amount not -to -exceed $2,759,035, for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024-XXX). City Council 8 1/16/2024 13. Approve an Agreement with RPW Services, Inc. for Integrated Pest Management (IPM) and Pest Control Services at City Parks and Facilities in an Amount Not to Exceed $3,966,300 (RFP No. 23-153) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with RPW Services, Inc. for integrated pest management and pest control services in an annual amount not -to -exceed $661,050, plus an annual contingency of $132,210, for a total amount not -to -exceed $3,966,300 for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024-XXX). 14. Approve a Takeover Agreement with Great American Insurance Group to Take Over the Santa Ana Zoo Giant River Otter and Primate Trails Project and Approve an Amendment to the Agreement with CLR Design to Increase the Construction Administration Services Amount by $75,000 for a New Estimated Total Services Cost of $193,000 (Project No. 16-2658) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a takeover agreement with Great American Insurance Group subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works construction, to take over the Santa Ana Zoo Giant River Otter and Primate Trails Project and be responsible for the completion of all work in accordance with the contract (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute a first amendment to the agreement with CLR Design Inc. for construction support services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, to increase the amount by $75,000, for a total agreement amount of $193,000 (Agreement No. A-2024-XXX). 15. Approve Aggregate Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance at City Parks and Facilities in an Aggregate Amount Not -to -Exceed $35,737,920 (RFP No. 23-151) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute aggregate agreements to DMS Facility Services, Landscape West Management Services, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for landscape maintenance services in an annual aggregate amount not -to -exceed $5,228,321, plus an annual contingency of $1,919,264, for a total aggregate amount not -to -exceed $35,737,920 for a three year term beginning February 1, 2024, and expiring January 31, 2027, with provisions for two, one-year extensions (Agreement No. A-2024-XXX). 16. First Amendment to the Density Bonus Housing Agreement for Legacy Square Department(s): Community Development Agency Recommended Action: Approve a First Amendment to the Density Bonus Housing Agreement with National Community Renaissance of California and Legacy Square, L.P. for the permanent loan conversion of Legacy Square (Agreement No. A-2024- XXX). 17. Approve a First Amendment to the Fiscal Year 2023-24 Emergency Solutions Grant (ESG) Memorandum of Understanding with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with Interval House to Provide Emergency Shelter and Supportive Services to Victims of Domestic Violence from the City of Santa Ana Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a First Amendment to the Santa Ana Police Department Homeless Evaluation Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 - June 30, 2024 for additional street outreach activities (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute a First Amendment to the Interval House Subrecipient Agreement to increase the amount of the agreement by $32,393.00 for program year July 1, 2023 - June 30, 2024 to provide emergency shelter and City Council 9 1/16/2024 supportive services to victims of domestic violence from the City of Santa Ana (Agreement No. A-2024-XXX). 18. Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers ("Concentra") to Provide Pre -Employment Medical Services Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Concentra to provide a comprehensive medical services review program in an amount not to exceed $450,000 for a three-year term from January 31, 2024 through January 30, 2027, with the option for the City to grant up to two 1-year renewals of $150,000 each additional year, in an amount not to exceed $750,000 over a five-year term (Agreement No. A-2024-XXX). 19. Second Amendment to Agreement with Al Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $45,000 per Year through March 31, 2025, for a Total Increase of $90,000 and New Agreement Total of $540,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to an agreement with Al Party Rental for event equipment rental services at City events to increase the annual amount by $45,000 per year through March 31, 2025, for a total increase of $90,000 and new agreement total of $540,000 (Agreement No. A-2024-XXX). 20. Second Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Increase the Total Agreement Not To Exceed Amount by $185,000 through March 31, 2025, for a New Total Not to Exceed Amount of $400,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to increase the total agreement not to exceed amount by $185,000 through March 31, 2025 for a new total not -to -exceed amount of $400,000 (Agreement No. A-2024-XXX). 21. Second Amendment to the Agreement with Matchpoint Tennis Academy LLC ("Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5-year extension (Agreement No. A-2024-XXX). 22. Historic Property Preservation Agreements Department(s): Planning and Building Agency Recommended Action: 1. Authorize the City Manager or designee to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s). Property Owner(s) Historic Property/Preservation Agreement No. Address/House Vote by HRC Charles William Lake and Julie S. Lake, as Trustees of the Charles 5:0:0:3 (Commissioners Hardy, William Lake and Julie S. Lake 2023-10 2028 N. Greenleaf Street Cornelious, and Escamilla absent) 2002 Family Trust Dated September 20, 2002 Daniel and Robbyn Taylor 2023-11 1607 N. Freeman Street 5:0:0:3 (Commissioners Hardy, Cornelious, and Escamilla absent) City Council 10 1/16/2024 2. Determine that, in accordance with the California Environmental Quality Act, the proposed projects are exempt for further review as Categorical Exemptions ER No. 2023-105 and 2023-107 will be filed for the projects. 23. Approve a First Amendment to Agreement with Data Ticket, Inc. (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Data Ticket, Inc. for automated parking citation and processing services for an additional amount of $730,351.69, for a total aggregate amount not to exceed $2,000,000 for the remaining term of the agreement expiring February 14, 2025 (Agreement No. A-2024-XXX). 24. Agreements with Enterprise Fleet Management for Leased Vehicles (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the following seven agreements with Enterprise FM Trust and Enterprise Fleet Mangement, Inc. for leased vehicles for the period of January 1, 2024 through April 18, 2026 for a total annual amount not to exceed $612,936, with a one-year extension option: 1. Master Walkaway Lease Agreement (Agreement No. A- 2024-XXX); 2. Master Equity Lease Agreement (Agreement No. A- 2024-XXX); 3. Maintenance Management and Fleet Rental Agreement (Agreement No. A- 2024-XXX); 4. Supplemental Agreement between City and Enterprise (Agreement No. A- 2024-XXX); 5. Indemnity Agreement for Master Walkaway Lease Agreement (Agreement No. A- 2024-XXX); 6. Indemnity Agreement for Master Equity Lease Agreement (Agreement No. A- 2024-XXX); 7. Amendment to Maintenance Management and Fleet Rental Agreement (Agreement No. A- 2024-XXX). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 25. Election of Mayor Pro Tern for 2024 Department(s): City Clerk's Office Recommended Action: Nominate and elect one Councilmember to serve as Mayor Pro Tern for calendar year 2024. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 26. Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023-03 for the expansion of Vista Heritage Charter School located at 601 North Fairview Street Published in the Orange County Reporter on January 5, 2024 and notices mailed on January 4, 2023. Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance approving Amendment Application (Zone Change) City Council 11 1/16/2024 No. 2023-04. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) 2. Adopt first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned. ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 — Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. 27. Ordinance Amendment No. 2023-04 Amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions. Published in the Orange County Reporter on January 5, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-24 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions. ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS 4. Determine that, pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the 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 CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances. CITY MANAGER COMMENTS City Council 12 1/16/2024 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 and convene to the Housing Authority meeting. Future Items 1. Mid -Year Budget Update 2. Quarterly Report of Investments as of December 31, 2023 POSTING STATEMENT: On January 9, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 13 1/16/2024 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair Interim City Manager City Attorney Recording Secretary ROLL CALL HOUSING AUTHORITY Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3 and waive reading of all resolutions and ordinances. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes of the Regular Meeting of December 5, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Housing Successor Annual Report for FY 2022-23 —Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting and convene to the Special Successor Agency meeting. City Council 14 1/16/2024 POSTING STATEMENT: On January 9, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 15 1/16/2024 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Mayor Pro Tern Lopez will participate in the meeting via teleconference from Mayan Palace Riviera Maya Carretera Federal Kilomentro 48, Municipio de Solidaridad, Playa del Carmen Quintana Roo, Mexico, 77710. The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC COMMENTS — Members of the public may address Successor Agency on items on the Successor Agency Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3 and waive reading of all resolutions and ordinances. 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes of the Special Meetings of September 6, 2022 and January 17, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2024 Through June 30, 2025 Department(s): Community Development Agency Recommended Action: Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2024 through June 30, 2025 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. SUCCESSOR AGENCY RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 24177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") City Council 16 1/16/2024 **END OF CONSENT CALENDAR** SUCCESSOR AGENCY COMMENTS ADJOURNMENT —Adjourn the Successor Agency meeting. POSTING STATEMENT: On January 9, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 17 1/16/2024 DRAT Minutes of the Regular Meeting of the City Council City of Santa Ana, California July 18, 2023 CLOSED SESSION MEETING - 5:00 P.M. REGULAR OPEN MEETING - 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session Meeting to order at 5:10 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, Phan, and Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 5:13 P.M. and Mayor Pro Tem Lopez joined the meeting during Closed Session. CITY COUNCIL i July 18, 2023 City Council 4-1 1 /16/2024 ADDITIONS\DELETIONS TO CLOSED SESSION City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda regarding two matters 1. Conference with Legal Counsel regarding anticipated litigation concerning the urgency ordinance related to Assembly Bill 2011 exemptions. 2. Existing administrative matter concerning the Santa Ana Police Officers Association vs. City of Santa Ana regarding an unfair practice charge. MOTION: Councilmember Bacerra moved to add the two items to the Closed Session Agenda, seconded by Councilmember Phan. The motion carried, 5-0-0-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ, MAYOR PRO TEM LOPEZ Status: 5-0 0-2- Pass PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session agenda 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20-cv-0178 CJC (DFMx) B. Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01131418-CU-PO-CJC C. Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01246596-CU-PO-CJC D. Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, Orange County Superior Court, Case No. 30-2023-01330782-CU-OE-CJC E. Santa Ana Police Officers Association v. City of Santa Ana, Injunctive Relief No. 834, Unfair Practice Charge No. LA-CE-1658-M CITY COUNCIL 2 July 18, 2023 City Council 4-2 1/16/2024 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLES: City Manager, City Attorney, City Clerk 3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case (July 17, 2023 letter from California Attorney General's Office concerning urgency ordinance related to AB2011 exemptions) RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:14 P. M. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 3 July 18, 2023 City Council 4-3 1/16/2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the Regular City Council Meeting at 6:41 P.M. ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez (arrived at 6:45 P.M.), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Councilmember Penaloza WORDS OF INSPIRATION Reverend Derrell Durley, Brown Temple CME ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Clerk Jennifer L. Hall noted a correction to Agenda Item No. 10 which should read "Full Term expiring December 8, 2026. " CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to the Elks Lodge for Outstanding Contributions to the Community. 2. Certificates of Recognition presented by Mayor Pro Tem Lopez to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community. 3. Certificate of Recognition presented by Councilmember Penaloza to Ingardia Produce Inc. in Celebration of their 50-Year Anniversary. 4. Certificates of Recognition Presented By Councilmember Phan to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community. MINUTES: Mayor Amezcua presented a certificate of recognition to the Elks Lodge for Outstanding Contributions to the Community and their generous donations of ballistic vests for K9 officers. Mayor Pro Tem Lopez presented a certificate of recognition to Adriana Martinez and Alicia Rojas for Outstanding Contributions to the Community and thanked them. Councilmember Penaloza presented a certificate of recognition to Ingardia Produce Inc. for their 50 year anniversary. Councilmember Phan presented certificates of recognition to Silvestre Basilio Chamu, Eric Castelan, Timothy Pagano, and Monique Leon for Outstanding Contributions to the Community and going above and beyond the scope of duty. CITY COUNCIL 0 July 18, 2023 City Council 1 /16/2024 STAFF PRESENTATION 5. Homelessness Update MINUTES: Homeless Services Division Manager Ken Gominsky provided a brief presentation. Councilmember Hernandez requested staffs next presentation include information on agencies geared in assisting with substance abuse issues. Mayor Pro Tern Lopez spoke regarding the Statewide Study of People Experiencing Homelessness. Mayor Amezcua thanked Senator Umberg and Assembly Member Valencia for their assistance in securing state funding to address homelessness in the City. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho reported that by a unanimous vote, Council approved the following settlements for Closed Session Item No. 1. A. Marco Pescina v. City of Santa Ana, United States District Court, Central District of California, Case No. 8:20-cv-0178 CJC (DFMx) — Settlement amount of $95,000 B. Stephanie Avila v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01131418-CU-PO-CJC - Settlement amount of $375,000 C. Francisco Valencia v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01246596-CU-PO-CJC - Settlement amount of $125,000 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: Mayor Amezcua addressed public comments received regarding Item No. 33 of the June 20, 2023 agenda pertaining to crossing guards. City Clerk Jennifer L. Hall provided a brief update on the recall election certification resolution. City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non -agenda comments, two (2) comments regarding Agenda Item No. 5, one (1) comment regarding Agenda Item No. 14, one (1) comment regarding Agenda Item No. 18, five (5) comments regarding Agenda Item No. 27, one (1) comment regarding Agenda Item No. 31, four (4) comments regarding Agenda Item No. 34, and 77 comments regarding Agenda Item No. 39. The following speakers addressed Council via teleconference.- 1. Bulmaro Vicente spoke in opposition to Agenda Item Nos. 34 and 39. CITY COUNCIL 5 July 18, 2023 City Council 4-5 1/16/2024 2. Delilah Snell provided comments regarding downtown construction. 3. John Ramirez spoke in support of Agenda Item No. 39. 4. Martha, Riverview Association, spoke in support of Agenda Item No. 39. 5. Sandra Pena Sarmiento requested a new community center in the Pacific Park Community. 6. Victor Mendez thanked Parks and Recreation staff for assisting him when he suffered a medical emergency at the Juneteenth event and spoke regarding Agenda Item No. 39. 7. Victor Payan provided comments regarding the Cypress Fire Station and the proposed recall election against Mayor Pro Tem Lopez. 8. Ginnette Sanchez requested a follow up regarding the location of the Fiesta Patrias event. 9. Kelley Kraus -Lee spoke regarding Agenda Item No. 39. The following speakers addressed Council in -person: 10. Thuy Luong (translation: Vietnamese) spoke in opposition to a recall election against Councilmember Phan and the City's code enforcement process. 11. Michelle Cisneros commented on the Personnel Board and its duties. 12. Manuel Michael Pineda spoke regarding an incident he experienced with the Orange County Sheriffs Department in 2016. 13. Colin Gawranski spoke in opposition to short term rentals in the City. 14. Linda Kveen spoke in opposition to short term rentals in the City. 15. Dale Helvig provided comments regarding the MySantaAna app, street improvements, and in support of Agenda Item Nos. 34 and 39. 16. Lorena Vidaurri spoke in support of Agenda Item Nos. 32 and 39. 17. Sue Pallack spoke regarding homelessness in the City. 18. Fred Smoller provided comments regarding the Orange County Sustainability Decathlon and requested Council's support in funding climate change action in Orange County. 19. Danny Vega spoke in support of Agenda Item No. 39. CITY COUNCIL 6 July 18, 2023 City Council 4-6 1/16/2024 20. Selica Diaz spoke in support of the Parks and Recreation Department and requested Council reopen the digital library located in the Roosevelt Walker Community Center. 21. Ana Padilla requested the Fiestas Patrias event be held downtown not on Flower St. 22. Claudio Bornanchini spoke in support of Agenda Item No. 39. 23. Shawn Makhani spoke regarding the hardships downtown businesses are expenencing. 24. Frida Ramirez spoke in support of Agenda Item No. 39 and commented on Agenda Item No. 14. 25. Maribel Gomez (translation: Spanish) spoke regarding hardships downtown businesses are experiencing and requested the Fiestas Patrias event be held downtown. 26. Lupe Rincon spoke in support of Agenda Item No. 39. 27. Marcela Prado requested financial assistance for downtown businesses and that the Fiestas Patrias event be held downtown. 28. Lisa Tran spoke in support of Agenda Item No. 39. 29. Chris spoke in support of Agenda Item No. 39 and commented on his experiences with homeless individuals in the City. 30. Alba Bac (translation: Spanish) requested adjustable solid waste rates for churches. 31. David Ball spoke in support of Agenda Item No. 39. 32. Zoila Lubin provided comments regarding Summer Splash Camp and in support of Agenda Item No. 39. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 35. MINUTES: At 9:16 P.M., Councilmember Vazquez pulled Agenda Item No. 13 for separate discussion and consideration and requested a brief comment on Agenda Item No. 31. Mayor Pro Tem Lopez requested a brief comment on Agenda Item No. 31. CITY COUNCIL 7 July 18, 2023 City Council 4-7 1/16/2024 Councilmember Hernandez requested a brief comment on Agenda Item Nos. 14 and 16 and pulled Agenda Item No. 31 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item Nos. 14 and 18 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker, and recorded a No vote on Agenda Item No. 34. Mayor Amezcua pulled Agenda Item Nos. 13, 14, and 31 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 6 through 35 with the exception of Agenda Item Nos. 13, 14, 18, and 31, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass MINUTES: At 9:27 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 39 after approval of the Consent Calendar (see Page No. 26). 39.Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy — Councilmember Bacerra MINUTES: Councilmember Bacerra provided a summary of Agenda Item No. 39 and addressed public intoxication through detention and service offerings. Councilmember Penaloza spoke in support of Agenda Item No. 39. Councilmembers Vazquez and Hernandez spoke in opposition to Agenda Item No. 39. Councilmember Phan requested additional information regarding the implementation of Agenda Item No. 39. Mayor Pro Tem Lopez requested additional information regarding housing vouchers, rehabilitation services, mental health services, and transportation services. CITY COUNCIL 8 July 18, 2023 City Council 4-8 1/16/2024 Mayor Amezcua spoke in support of Agenda Item No. 39. 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of November 15, 2022, the Regular Meeting of December 6, 2022, and the Special Meeting of December 13, 2022. Department(s): City Clerk's Office Recommended Action: Approve minutes. 8. Appoint Michael Chu Nominated by Councilmember Hernandez as the Ward 5 Representative to the Santa Ana 2018 Measure X Citizen Oversight Committee for a Partial -Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Michael Chu to the Santa Ana 2018 Measure X Citizen Oversight Committee as the Ward 5 representative and administer the Oath of Office. MINUTES: Councilmember Hernandez administered the Oath of Office to Michael Chu. 9. Appoint Idalia Rios -Pacheco Nominated by Councilmember Vazquez as the Ward 2 Representative to the Community Development Commission for a Partial -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Idalia Rios -Pacheco to the Community Development Commission as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a) requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Idalia Rios -Pacheco. 10.Appoint Lorena Vidaurri Nominated by Councilmember Bacerra as the Ward 4 Representative to the Environmental and Transportation Advisory Commission for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Lorena Vidaurri to the Environmental and Transportation Advisory Commission as the Ward 4 representative and administer the Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Lorena Vidaurri. CITY COUNCIL 9 July 18, 2023 City Council 4-9 1/16/2024 11. Re -Appoint Various Boards and Commissions Members Nominated by Councilmember Bacerra as the Ward 4 Representatives for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Re -appoint and administer Oaths of Office to: 1. Robyn MacNair - Arts and Culture Commission 2. Winston Covington — Community Development Commission 3. Alberta Christy — Historic Resources Commission 4. Cory Nelson — Parks, Recreation and Community Services Commission 5. Berenice Ballinas — Personnel Board 6. Nancy Lewis — Santa Ana 2018 Measure X Citizens' Oversight Committee MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Robyn MacNair, Winston Covington, and Berenice Ballinas. 12. Receive and File Memo to the City Council from the Personnel Board Department(s): Human Resources Department Recommended Action: Receive and File Memo to the City Council from the Personnel Board. 13. Police Oversight Commission Informational Report Department(s): City Manager's Office Recommended Action: Accept informational report. MINUTES: Council discussion ensured regarding the Police Oversight Commission informational report. Councilmember Vazquez requested an updated timeline regarding the Police Oversight Commission. Mayor Amezcua requested Council and Assistant Chief Rodriguez be provided a copy of the request for proposal. MOTION: Mayor Amezcua moved to approve staff's recommendation on Agenda Item No. 13, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass CITY COUNCIL 10 July 18, 2023 City Council 4 — 10 1/16/2024 14. Approve a pre -commitment of $2,021,319 in Homeless Housing, Assistance and Prevention funds, and eight (8) project -based vouchers for Illumination Foundation for the development of the Intergenerational Housing Project located at 918 N. Bewley Street (Contingent upon approval of Housing Authority agenda item no. 3) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a pre -commitment letter with the Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention funds and eight (8) project -based vouchers for the development of the Intergenerational Housing Project located at 918 N. Bewley Street, Santa Ana, CA 92703, (APN 198-231-10), subject to non -substantive changes approved by the City Manager and City Attorney (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15194 (Affordable Housing Exemption), as this project meets all the required criteria as a 100-percent affordable/permanent supportive housing development). (Agreement No. A-2023-133). MINUTES: Councilmember Phan recused herself from Agenda Item No. 14 as the listed entity is a client of her employer, Rutan and Tucker Councilmember Bacerra spoke in opposition to Agenda Item No. 14. Mayor Amezcua spoke in opposition to Agenda Item No. 14, requested an increase in senior housing units, community outreach regarding the proposed project, informational flyers in Vietnamese, and alternative preschool options. Community Development Director Mike Garcia and Housing Division Manager Judson Brown provided additional information regarding the proposed project and answered Council's inquires. MOTION: Mayor Pro Tern Lopez moved to approve staff recommendations on Agenda Item No. 14, seconded by Councilmember Hernandez. SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua. SECOND SUBSTITUTE MOTION: Councilmember Penaloza moved to allow representatives from Illumination Foundation to address Council's concerns, seconded by Mayor Pro Tern Lopez. Motion withdrawn. CITY COUNCIL July 18, 2023 City Council 4-11 1 /16/2024 SUBSTITUTE MOTION: Councilmember Penaloza moved to continue Agenda Item No. 14 to August 15, 2023, seconded by Mayor Amezcua. The substitute motion failed, 3-3-1-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 3-3-1-0 - Fail MOTION: Mayor Pro Tern Lopez moved to approve the recommended action for Item No. 14, seconded by Councilmember Hernandez. The motion carried, 4-2-1-0, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, MAYOR AMEZCUA ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 4-2-1-0 - Pass 15. Amend the Blanket Order Contract with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. by Increasing the Annual Aggregate Amount Not to Exceed $1,500,000 for the Remainder of the Contract Term (Specification No. 20-153) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Amend the blanket purchase order contracts with 1 Solorio, Inc., GDL Painters, Inc., Mear Construction, Inc., Prime Painting Contractors, Inc., and US National Corp. for painting services to increase the annual amount by $1,300,000, for a revised annual aggregate amount not to exceed $1,500,000, for the remainder of the current one-year term expiring March 15, 2024, and two one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 12 July 18, 2023 City Council 4-12 1 /16/2024 16. Approve a Budget Reallocation and Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $5,204,000 for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, with an Estimated Project Delivery Cost of $6,505,000 (Project No. 20-6964) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize budget reallocation of $1,656,000 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) from the Fairview Avenue Rehab, the South City Limit to Segerstrom Avenue, FY 2020-21 (No. 21-6978) Project to construction funds for the Fremont Elementary and Spurgeon Intermediate Safe Routes to School (Project No. 20-6964). 2. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $5,204,000, subject to change orders (not -to -exceed up to 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Fremont Elementary and Spurgeon Intermediate Safe Routes to School Project, for a term beginning July 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,505,000, which includes $5,204,000 for the construction contract, $780,600 for contract administration, inspection and testing, and a $520,400 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $1,656,000 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds. 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-32 was filed for the project. MINUTES: Councilmember Hernandez provided a brief comment on Agenda Item No.16. 17. Award a Construction Contract to Onyx Paving Company, Inc. in the Amount of $1,672,000 for the Residential Street Repair Program FY 22/23, with an Estimated Project Delivery Cost of $1,783,257 (Project Nos. 23-7543 and 24-6700) (Non- General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the reallocation of unspent Measure M2 funds from various projects: $9,660 from Pavement Management Project No. 21-6898, $103,895 from Pavement Management Project No. 23-6898, $142,715 from Local Street Preventative Maintenance Project No. 18-6907, and $30,000 from City Wide Sewer Trench Repair PH II Project No. 22-6901, for a total of $286,270 to the Residential Street Repair Program Project No. 24-6700, completing the project's funding requirement. CITY COUNCIL 13 July 18, 2023 City Council 4 — 13 1/16/2024 2. Award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,672,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Residential Street Repair Program FY 22/23 Project, for the term beginning July 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,783,257, which includes $1,672,000 for the construction contract, $32,521 for contract administration, inspection, and testing, and a $78,736 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-20-23-70 was filed for the project. 18. Award a Construction Contract to Best Drilling and Pump, Inc. in the Amount of $2,978,524 for the Washington Well Improvements: Well Drilling (Phase 1), with an Estimated Project Delivery Cost of $3,432,274 (Project No. 19-6423) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Best Drilling and Pump Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,978,524, subject to change orders (not -to -exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public works Construction, for construction of the Washington Well Improvements: Well Drilling (Phase 1) Project, for the term beginning July 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non- substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,432,274 which includes $2,978,524 for the construction contract, $100,000 for contract administration, inspection, and testing, and a $353,750 project contingency for unanticipated or unforeseen work. MINUTES: Councilmember Bacerra inquired with Public Works staff regarding an email Council received from prospective bidder, South West Pump and Drilling Inc. Director of Public Works Nabil Saba addressed Council's concerns regarding South West Pump and Drilling Inc. CITY COUNCIL 14 July 18, 2023 City Council 4 — 14 1/16/2024 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 19. Approve an Appropriation Adjustment and Award a Construction Contract to M.S. Construction Management Group in the Amount of $428,420 for the Project W-Bus Shelter, with an Estimated Project Delivery Cost of $535,525 (Project No. 22-6999) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $282,053 in construction funds for the Project W-Bus Shelter (Project No. 22-6999). 2. Approve an appropriation adjustment recognizing $114,000 in FY 2023-24 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Selected Street Construction, State Grants -Indirect revenue account, and appropriate the same amount to Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Award a construction contract to M.S. Construction Management Group, the lowest responsible bidder, in accordance with the base bid in the amount of $428,420, subject to change orders (not -to -exceed 25% of the base bid) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the construction of the Project W-Bus Shelter, for a term beginning July 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $535,525, which includes $428,420 for the construction contract, $42,842 for contract administration, inspection, and testing, and a $64,263 project contingency for unanticipated or unforeseen work. 5. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-182 was filed for the project. CITY COUNCIL 15 July 18, 2023 City Council 4 — 15 1/16/2024 20. Approve Agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in an Amount Not to Exceed $285,620 for a Three -Year Term (Project No. 15-6827) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with SYRUSA Engineering, Inc. to provide Preconstruction Engineering Services for the Fairview Bridge Replacement and Street Improvements from 9th Street to 16th Street in the amount of $259,659, with a contingency of $25,961, for a total amount not to exceed $285,620, for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for one two-year extension, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-126). 21. Approve an Agreement with Cities Digital, Inc. to Provide Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in an Amount Not to Exceed $87,340 for up to a Five - Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Cities Digital, Inc. to provide an Electronic Document Management System, Laserfiche Upgrade and Migration with Geographical Information System Integration in the amount of $76,600 for services and licensing, and $10,740 in contingency funds, for a total amount not to exceed $87,340 for a three-year term beginning July 18, 2023, and expiring July 17, 2026, with an option for two one-year extensions, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A-2023-127). 22. Approve Agreements with Communications LAB, CV Strategies, and Straightline Communications LLC for On -Call Consumer Confidence Report and Auxiliary Services in an Aggregate Amount Not to Exceed $900,000, for up to Five -Year Terms (RFP 23-014) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Communications LAB, CV Strategies, and Straightline Communications LLC to provide annual Consumer Confidence Report and Auxiliary Services on an as needed basis, in an aggregate amount not to exceed $900,000, for a three-year term beginning July 18, 2023 and expiring July 17, 2026 with an option for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. A 2023-128). CITY COUNCIL 16 July 18, 2023 City Council 4 — 16 1/16/2024 23. Approve Agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide Moving and Storage Services for the Main Library Transformation Project and Newhope Library Renovation Project, in an Amount not to Exceed $223,924 (Specification No. 23-058A) (General Fund and Non -General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Inland Moving and Storage Co., Inc. dba Burgess Moving and Storage to provide moving and storage services for the Main Library Transformation Project and Newhope Library Renovation Project in an amount not to exceed of $223,924 including a 10% contingency amount of $20,357, for a term beginning July 18, 2023 and expiring December 31, 2025, with provision for one, one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-129). 24. Approve a Specialized Legal Services Agreement with Burke, Williams & Sorensen, LLP for a Three -Year Term and Compensation not -to -Exceed $500,000 (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute a legal services agreement with the law firm of Burke, Williams & Sorensen, LLP for litigation matters concerning the abatement of public nuisances for a three-year term to terminate June 30, 2026 and compensation in an amount not to exceed $500,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2023-130). 25. Agreement with Sahuayo, Michoacan, Mexico to Establish a Sister City Relationship Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute an agreement with the City of Sahuayo de Ocampo, of the State of Michoacan of the United Mexican States to formalize the sister city relationship between the City of Santa Ana and the City of Sahuayo (Agreement No. A-2023-131). 26. Adoption of a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Confidential Association of Santa Ana, effective July 1, 2022 through June 30, 2025, and adoption of a Resolution updating the salary schedule for Associated Unrepresented Classifications Department(s): Human Resources Department Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with the Confidential Association of Santa Ana ("CASA") regarding wages, hours, and other terms and conditions of employment effective July 1, 2022 through June 30, 2025 and authorize non -substantive changes which may be necessary to implement the agreement (Agreement No. A-2023-132). 2. Approve a Resolution updating the salary schedule for associated unrepresented classifications. CITY COUNCIL 17 July 18, 2023 City Council 4 — 17 1/16/2024 RESOLUTION NO. 2023-039 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN 27. Adopt a Resolution of Intent to Vacate the portion of Public Right of Way Adjacent to 2383 North Flower Street, Abandonment 22-01 Department(s): Public Works Agency Recommended Action: Adopt a resolution which declares the City's intent to vacate a portion of public right of way adjacent to Flower Street and sets a public hearing for August 15, 2023. RESOLUTION NO. 2023-040 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF A PUBLIC RIGHT-OF-WAY EASEMENT ADJACENT TO 2383 NORTH FLOWER STREET (ABANDONMENT NO. 2023-01) 28. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Land And Water Conservation Program for a New Park at 10th and Flower Streets (Non -General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Land and Water Conservation Program for the development of a new park at 10th and Flower Streets. RESOLUTION NO. 2023-041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND FOR THE NEW PARK AT 10TH AND FLOWER STREET PROJECT 29. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Recreational Trails Program for the Pacific Electric (Maple Street) Bike Trail Restoration (Non -General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request funding through the Recreational Trails Program Application for the Pacific Electric (Maple Street) Bike Trail improvements, which includes installation of new lighting, signage, and mile markers. RESOLUTION NO. 2023-042 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE OF CALIFORNIA RECREATIONAL TRAILS PROGRAM FOR PACIFIC ELECTRIC (MAPLE STREET) BIKE TRAIL IMPROVEMENTS CITY COUNCIL 18 July 18, 2023 City Council 4-18 1/16/2024 30. Adopt a Resolution to Authorize the Submittal of a Grant Application to the State of California, Habitat Conservation Fund for Santiago Park Trail and Habitat Restoration (Non -General Fund) Department(s): Public Works Agency Recommended Action: Adopt a resolution authorizing the submittal of a grant application to the State of California Department of Parks and Recreation, to request construction funding through the Habitat Conservation Fund for Santiago Park Trail and Habitat restoration. RESOLUTION NO. 2023-043 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR SANTIAGO PARK TRAIL AND HABITAT RESTORATION 31. Police Officer Hiring Bonus Program Department(s): Police Department Recommended Action: Adopt a resolution approving the continuation of the Police Officer Hiring Bonus program in a total amount not to exceed $600,000 offering $10,000 per officer, $15,000 for an officer with a Bachelor's degree, or $15,000 for an officer who is a military veteran, and up $20,000 for an officer who is a military veteran with a Bachelor's degree. RESOLUTION NO. 2023-044 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A POLICE OFFICER HIRING BONUS PROGRAM FOR POLICE OFFICER APPLICANTS IN AN AMOUNT NOT TO EXCEED $600,000 MINUTES: Mayor Pro Tem Lopez requested the $15,000 hiring bonus be awarded to candidates with a Masters degree rather than a Bachelors degree. Councilmember Hernandez provided comments and spoke in opposition to Agenda Item No. 31. Councilmember Bacerra provided comments and spoke in support of Agenda Item 31. Mayor Amezcua provided comments and spoke in support of Agenda Item 31. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 31, seconded by Councilmember Bacerra. The motion carried, 5-1-0-1 by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA COUNCILMEMBER HERNANDEZ NOES: NONE ABSTAIN: MAYOR PRO TEM LOPEZ ABSENT: Status: 5-1-0-1 - Pass CITY COUNCIL 19 July 18, 2023 City Council 4 — 19 1/16/2024 32. Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund Department(s): Finance and Management Services Recommended Action: Adopt a Resolution Authorizing the Investment of Monies in the California CLASS Prime Fund. RESOLUTION NO. 2023-045 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING INVESTMENT OF MONIES IN THE CALIFORNIA CLASS PRIME FUND 33. Resolution of Denial Regarding Conditional Use Permit No. 2023-09 (Mariscos Hector ABC License) for the Property Located at 1208 East McFadden Avenue Department(s): Planning and Building Agency Recommended Action: Adopt a resolution documenting City Council denial of Conditional Use Permit No. 2023-09 (Mariscos Hector ABC) for the property located at 1208 East McFadden Avenue. RESOLUTION NO. 2023-046 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2023-09 AS CONDITIONED TO ALLOW SALE OF DISTILLED SPIRITS IN ADDITION TO EXISTING BEER AND WINE SALES FOR ON -PREMISES CONSUMPTION AT MARISCOS HECTOR SPORTS GRILL LOCATED AT 1208 EAST MCFADDEN AVENUE 34. Second Reading of Ordinance Amendment No. 2023-03 to Exempt Certain Parcels Identified by the City from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 First reading at the June 20, 2023 City Council meeting, approved by a vote of 6-1 (Phan dissenting). Published in the Orange County Reporter on July 7, 2023. Department(s): Planning and Building Agency Recommended Action: Conduct a second reading of Ordinance Amendment No. 2023-03 approving: 1) an uncodified ordinance of the City Council of the City of Santa Ana exercising its retention of local land use control pursuant to California Government Code sections 65912.114(i) and 65912.124(i) and exempting certain parcels from California Government Code sections 65912.114 and 65912.124; and 2) an uncodified ordinance of the City Council of the City of Santa Ana exercising its retention of local land use control pursuant to California Government Code Sections 65852.24(e) and exempting certain parcels from California Government Code Sections 65852.24. CITY COUNCIL 20 July 18, 2023 City Council 4-20 1/16/2024 ORDINANCE NO. NS-3047 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code sections 65912.114(o) and 65912.124(o)). ORDINANCE NO. NS-3048 entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that adoption of the ordinance is statutorily exempt from the California Environmental Quality Act pursuant to California Government Code section 65852.24(h)). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 34 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ MAYOR AMEZCUA NOES: COUNCILMEMBER PHAN ABSTAIN: NONE ABSENT: NONE Status: 6-1 - Pass 35. Ordinance Second Reading: Adoption of Ordinance for the addition of two positions for residents aged fifty-five (55) years and older on the Parks, Recreation, and Community Services Commission. First reading at the June 20, 2023 City Council meeting, approved by a vote of 7-0. Published in the Orange County Reporter on July 7, 2023. Department(s): Parks, Recreation, and Community Services Recommended Action: Place ordinance on second reading and adopt amending the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2-333 to add two positions for residents aged fifty-five (55) years and older on the Parks, Recreation, and Community Services Commission. CITY COUNCIL 21 July 18, 2023 City Council 4 — 21 1/16/2024 ORDINANCE NO. NS-3049 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2-333 RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (includes determination 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 to 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 CEQA Guidelines). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 36. Designate a Voting Delegate and Up to Two Alternates for League of California Cities (Cal Cities) 2023 Annual Conference General Assembly Department(s): City Clerk's Office Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, September 22, 2023. MINUTES: Mayor Amezcua nominated Councilmember Bacerra as the voting delegate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan. Councilmember Bacerra nominated Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Phan. MOTION: Councilmember Phan moved to appoint Councilmember Bacerra as the voting delegate and Mayor Amezcua as the alternate for the Cal Cities Annual Conference General Assembly, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: MAYOR PRO TEM LOPEZ Status: 6-0-0-1 - Pass CITY COUNCIL 22 July 18, 2023 City Council 4-22 1/16/2024 37. Review and Consider Amending City Council Meetings Rules and Procedures Including Teleconference Options Department(s): City Clerk's Office and City Attorney's Office Recommended Action: 1. Adopt a resolution amending the rules and procedures for City Council meetings to change the time of regular meetings, update the rules of procedure, clarify decorum regulations, and address teleconferencing. 2. Approve a revised Teleconferencing Policy (with or without provisions for AB 2449). 3. Provide direction to staff regarding the continued use of Zoom/teleconferencing for public participation in City Council meetings. RESOLUTION NO. 2023-037 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE COUNCIL RULES AND PROCEDURES TO CHANGE THE TIME OF REGULAR MEETING, UPDATE THE RULES OF PROCEDURE, CLARIFY DECORUM REGULATIONS, AND ADDRESS TELECONFERENCING, AND REPEALING RESOLUTION NO. 2013-019 MINUTES: City Clerk Jennifer L. Hall provided a brief summary of Agenda Item No. 37. Councilmember Phan proposed the following amendments and requested teleconference participation be permitted. • Section 2-6, be amended from super majority to four votes. • 5(C) of the resolution amended to include language stating the Mayor or presiding officer's ability to increase speaking time and should the Mayor or presiding officer decrease speaking time, the Council maintains the ability to adjust speaking time via a motion with a majority vote. • Section 5(D) - Increase the initial presentation time from (10) minutes to up to (20) minutes and remove the (5) minute rebuttal time period. • 5(F) - amend "may direct" to "may request." • Amend the Teleconferencing Policy to include AB2449 as an option and require audio and visual participation for closed session. Councilmember Penaloza requested clarification regarding the proposed resolution Section 2(8) and requested the language be amended to clarify the Mayor's absence. He spoke in opposition to continuing to allow public comments via Zoom and teleconference. Councilmember Vazquez spoke in support of continuing to allow public comments via Zoom and teleconference. Mayor Pro Tem Lopez spoke in support of continuing to allow public comments via teleconference and Councilmember Phan's proposed amendment to sections 2-6, 5-C, and 5-F. CITY COUNCIL 23 July 18, 2023 City Council 4 — 23 1/16/2024 Councilmember Bacerra spoke in support of continuing to allow public comments via teleconference and requested the following language be added: • Section 2(A) - regular meetings of the City Council shall be convened in the Council Chamber or as noted on the agenda and at the time specified in the agenda. • Section 2(D) - all meetings are scheduled to terminate at 11:59 P.M. on the same day that the meeting began. • Replace 12:00 A.M. to 11:59 P.M. on the same day at various portions of the resolution. • Teleconferencing Policy Section 3(C) 4 - include a disclosure for anyone present in the room regardless of their age. Councilmember Hernandez spoke in support of the proposed amendments and requested the meeting end time be amended to 11:00 P.M. Mayor Pro Tem Lopez suggested the regular closed session meeting time be set to 4: 00 P. M. MOTION: Moved by Councilmember Phan moved to approve the recommended action for Item No. 30 as amended, approve the Teleconferencing Policy with AB2449, and maintain the allowance of public comments via Zoom, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. 38. Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings Legal Notice published in the Orange County Reporter on July 7, 2023 and notices mailed on July 6, 2023. Department(s): Planning and Building Agency CITY COUNCIL 24 July 18, 2023 City Council 4 — 24 1/16/2024 Recommended Action: Adopt a resolution affirming the Fiscal Year 2022-2023 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2023-048 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE (includes determination that recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment) MINUTES: MayorAmezcua opened the public hearing at 11:57 P.M. The following speaker addressed Council in person: 1. Ed Danoff spoke in opposition to Agenda Item No. 38. City Clerk Jennifer L. Hall reported that one (1) email comment regarding Agenda Item No. 38 was received and distributed to the Council. Planning and Building Director Minh Thai provided a brief presentation on Agenda Item No. 8. Mayor Amezcua closed the public hearing at 11:59 P.M. MOTION: Moved by Councilmember Hernandez to approve the recommended action for Public Hearing Agenda Item No. 38, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass CITY COUNCIL 25 July 18, 2023 City Council 4 — 25 1/16/2024 COUNCILMEMBER REQUESTED ITEMS 39. Discuss and Consider Directing the City Manager to Have the Santa Ana Police Department Immediately Implement an Intoxication Detention and Service Offering Policy — Councilmember Bacerra MINUTES: At 10:21 P.M., Mayor Amezcua considered the agenda out of order and heard Agenda Item No. 39 after the balance of the consent calendar. (See page No. 7) At 12:04 A.M. on July 19, 2023, Mayor Amezcua recessed the City Council to consider the Housing Authority agenda and reconvened at 12:06 A.M. MOTION: Councilmember Hernandez moved to adjourn the meeting per the newly approved rules and procedures resolution, seconded by Mayor Amezcua. SUBSTITUTE MOTION: Councilmember Penaloza moved to continue the meeting and consider the remainder of the agenda, seconded by Councilmember Phan. The substitute motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO NOES: TEM LOPEZ COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 4-3 - Pass CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided comments on Fiestas Patrias and announced her appointment to the Orange County Commission to End Homelessness as the Central Orange County representative. 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. 1. July 11-13, 2023 Mayor Amezcua, Mayor Pro Tern Lopez, Councilmembers Penaloza and Vazquez — NALEO Annual Conference in New York, NY MINUTES: Councilmember Vazquez disclosed his attendance at the NALEO Annual Conference in New York., stated that he would be hosting a rent control workshop in the near future, and announced a free concert in the Rosita Park neighborhood on July 20, 2023 at 5:00 P.M. and a community bike ride event on July 21, 2023 at 6:00 P.M. CITY COUNCIL 26 July 18, 2023 City Council 4 — 26 1/16/2024 Mayor Pro Tem Lopez requested the meeting be adjourned in memory of Tania Valencia. She spoke of the importance of adhering to the speed limit, disclosed her attendance at the NALEO Annual Conference in New York, and provided comments regarding the recall petition funding approved by Council. She announced a tree planting event in Portola Park in July. Councilmember Penaloza disclosed his attendance at the NALEO Annual Conference in New York and thanked the community for their participation. Councilmember Hernandez requested the meeting be adjourned in memory of Helen Romero Reyna. Councilmember Bacerra announced the 134th anniversary of the City of Santa Ana serving as the county seat and requested the meeting be adjourned in memory of Robert McCalla and Kim Sinclair. Councilmember Phan congratulated the Garden Grove School District for their new athletic facilities. She commented on the recent Metropolitan Water District three city's meeting and thanked staff for their assistance with the second Vietnamese Business Forum. She commented on illegal fireworks and announced the upcoming concert on July 20, 2023 at 5:30 P.M. at Rosita Park and National Night Out on August 1, 2023 at 4:00 P.M. Mayor Amezcua requested the meeting be adjourned in memory of Molly Doughty. She announced her Coffee with the Mayor event would be on July 22, 2023 and thanked City staff for their hard work. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council at 12:26 A.M. on July 19, 2023. Adjourn in memory of: Robert McCalla Helen Romero Reyna Kim Sinclair Molly Doughty Tania Valencia Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 27 July 18, 2023 City Council 4 — 27 1/16/2024 Community Development Agency www.santa-ana.org/community-development Item # 5 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Appointments to the Santa Ana Workforce Development Board AGENDA TITLE Appointments to the Santa Ana Workforce Development Board RECOMMENDED ACTION Appoint Natasha Milatovich (replacing Bridget Kavanaugh) for a partial four-year term expiring May 31, 2024 and Mat Garcia (replacing Andy Wadhera) for a partial four-year term expiring May 31, 2026 to the Santa Ana Workforce Development Board. GOVERNMENT CODE §84308 APPLIES: No 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 board will consist of representatives from specific categories, and the number of members in each category will be proportionally determined based on total membership. Additionally, there is a requirement to maintain over 50% representation from the local business sector. WDB members are appointed by City Council under the categories of membership, prescribed by law, as follows: Type Number of Members Representatives from local businesses 13 members Representatives from labor, labor 5 members registered apprenticeship, and/or community -based organization) Representatives from local education 3 members institutions Representative from government entities 4 members (Dept. of Rehabilitation, Social Services Agency, EDD, and Economic Development Two representatives from local area businesses are recommended for appointment. Ms. Natasha Milatovich, Senior Vice President, Chief Human Resources Officer with City Council 5-1 1/16/2024 Appointments to the Santa Ana Workforce Development Board January 16, 2024 Page 2 AltaMed, to be appointed for a partial term expiring May 31, 2024. She will replace Bridget Kavanaugh who resigned due to change of employment (Exhibit 1). The second is Mr. Mat Garcia, Head of Business Operations with Overair, Inc. Mr. Garcia is recommended to be appointed for a partial term expiring May 31, 2026 to replace Andy Wadhera who resigned due to relocating out of the area (Exhibit 2). The appointees will represent the category of local area businesses on the WDB as required in the WIOA federal law and regulations. FISCAL IMPACT No fiscal Impact associated with this action. EXHIBIT(S) 1. Resume — Natasha Milatovich 2. Resume — Mat Garcia Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 5-2 1/16/2024 EXHIBIT 1 NATASHA MILATOVICH, Ed. D., MBA, MHRM, SHRM-SCP indeedwiseOgmail.com • www.linkedin.com/in/natashamilatovich/ SUMMARY A highly accomplished and solutions -oriented HUMAN RESOURCES EXECUTIVE with multifaceted experience in employee engagement and retention, talent acquisition, total rewards, program management, training and development, process improvement, mergers and acquisitions, leadership development, and succession planning. Successful track record of bringing contemporary approach to HR strategies, resulting in retention of key top talent and saving millions of dollars. Applies an innovative approach to finding and recruiting talent through pipelining, workforce planning, and staffing strategies to address labor shortages. Leverages exemplary leadership and communication skills to maximize HR objectives and transform and optimize organizational cultures. KEY ACCOMPLISHMENTS People • Led high -performing people strategy, with focus on attracting and retaining critical healthcare talent. • Championed shared governance programs —developing and promoting frontline clinicians in leadership roles. • Created employee -centric and innovative atmosphere that resulted in increased employee engagement and retention. • Served as leader and champion of Patient -Centered Care programs. Leadership • Led efforts to competitively position organization as employer of choice, ensuring higher recruitment rates in competitive healthcare environment. • Implemented HR technology allowing organization to streamline processes and provide improved service to associates. • Completed collective bargaining strategy and negotiations in several acquired facilities. • Experienced in cross -functional collaboration, conflict resolution, and consensus building. • Developed and grew talent by implementing leadership development, mentoring, and succession planning programs. Organizational Development • Elevated key areas of HR strategic planning, succession planning, training and development, employee relations, total rewards, and talent acquisition. • Saved organization substantial amounts by implementing education and strategies for proactive and thorough approach to employee and labor relations. • Led successful reorganizations and integrations with mergers and acquisitions. • Promoted employee understanding of programs and policies, thus creating transparent communication throughout organization. Innovation • Integrated approach to associates' physical, mental, financial, and social health through introduction of mental health and wellness tools and programs for all healthcare professionals. • Created work/life integration vs. work/life balance strategies, resulting in increased workforce retention. • Designed and executed voluntary retirement programs in lieu of targeted reductions, saving organization $500,000. • Initiated rounding "app" for accountability in executive rounding process. EXPERIENCE ALTAMED HEALTH SERVICES Commerce, California SVP, Chief Human Resources Officer.................................................................................................................................2023-present Providing strategic leadership and guidance to the HR function by overseeing talent acquisition, total rewards, talent management, workforce development, HR IS, employee health and wellness and HR business operations. ADVENTIST HEALTH SYSTEM Roseville, California SystemHuman Resources Executive........................................................................................................................................2020-2023 • Oversaw 37,000 associates on West Coast and Hawaii, including on -site, remote, and hybrid employees, physicians, and allied health professionals in inpatient and outpatient settings in both rural and urban communities. • Led HR strategic plan that resulted in turnover reduction and saving system $24M. • Developed programs and supported executive and system -wide leadership during COVID. • Facilitated transformation of on -site workforce to flexible models of remote and hybrid work. City Council 5-3 1/16/2024 EXHIBIT 1 Natasha Milatovich, Ed. D., M.B.A., M.H.R.M., Page 2 ADVENTIST HEALTH SYSTEM Roseville, California Southern California Regional Human Resources Vice President................................................................................... 2015-2020 • Provided HR leadership for 9,000 employees across Southern California region. • Led organizational transformational change from traditional Human Resources model to shared services model that resulted in streamlined HR services and operational efficiency. WHITE MEMORIAL MEDICAL CENTER Los Angeles, California Vice President, Human Resources.............................................................................................................................................2012-2015 Assistant Vice President, Human Resources..........................................................................................................................2010-2012 Director, Human Resources....................................................................................................................................................... 2005-2010 • Developed high -performing HR systems aligned with culture and strategy of organization, resulting in top-decile engagement and turnover rates. • Led in compensation, recruitment well-being, benefits, recognition, and development, leading to optimal organizational performance. ADDITIONAL EXPERIENCE GLENDALE ADVENTIST MEDICAL CENTER, Glendale, California, Employment Manager, 2003-2005. GLENDALE ADVENTIST MEDICAL CENTER, Glendale, California, Recruiter, 1996-2003. EDUCATION PEPPERDINE UNIVERSITY SCHOOL OF EDUCATION AND PSYCHOLOGY • Los Angeles, California Ed. D. • Organizational Leadership KELLER GRADUATE SCHOOL OF MANAGEMENT • Sherman Oaks, California M.B.A. • Master of Business Administration M.H.R.M. • Master of Human Resources Management PACIFIC UNION COLLEGE • Angwin, California B.A. • Business CERTIFICATIONS Senior Certified Professional (SHRM-SCP) Korn Ferry Certified Leadership Architect Gallup Certified Strengths Coach AFFILIATIONS ' American Society for Healthcare Human Resources Administration (ASHHRA) Southern California Association for Health Care Recruitment (SCAHCR) California Hospital Association - Statewide HR Advisory Board Society of Human Resource Managers (SHRM) PUBLICATION American Healthcare Leader: "Why Natasha Milatovich Does Not Believe in Work/Life Balance?" (Silver, November 2o18) City Council 5-4 1 /16/2024 EXHIBIT 2 Mat Garcia Head of Business Operations at Overair, Inc. Professional Bio: With over 15 years of diverse experience spanning engineering, manufacturing, and business disciplines, Mat Garcia is a seasoned professional with a genuine passion for making a meaningful impact. Holding a strong dedication to family and community engagement, he strives to give back and leave a lasting positive mark. Currently serving as the Head of Business Operations at Overair, Inc. in Santa Ana, CA since January 2020, he leads a dynamic team of 16 individuals responsible for various critical functions, including administration, information technology, human resources, quality assurance, security, and facilities maintenance. Overair, Inc. is a pioneering startup at the forefront of urban aerial mobility, developing an innovative all -electric vertical takeoff and landing 5-passenger aircraft. As a member of the company since day one, he has played a pivotal role in its remarkable growth, helping grow it from just 5 to an impressive 180 employees. To date, the company has secured $170 million in venture -backed funding through Series-B. Prior to Overair, Mat spent a decade at Karem Aircraft, Inc. in Lake Forest, CA, where he held various influential roles in engineering, manufacturing, quality assurance, IT, and administration. He held key positions such as Head of Administration, QA, and Infrastructure, Quality Assurance Manager, Mechanical Engineering Manager, and Integration Engineer. He was part of a passionate and ambitious team committed to advancing next -generation tilt -rotor aircraft and related technologies for the US Department of Defense. Mat began his career at The Boeing Company as a flight test engineer, focusing on the A-160 Hummingbird, a groundbreaking autonomous helicopter where he focused on developing autonomous aerial cargo resupply for the Marine Corps. Educationally, Mat holds a master's degree in mechanical and aerospace engineering with a specialization in flight control systems, earned in 2009. He also has a bachelor's degree in aerospace engineering obtained in 2007. Beyond his professional endeavors, Mat is an active community member, serving as the President of the Harbor Soaring Society, a 501(c)(3) non-profit organization focused on model aviation and youth exploration in aviation related careers. He actively engages in park restoration events, volunteers with the Victoria Elementary PTA, coaches youth sports teams, and passionately supports STEAM outreach activities for the youth in the community. His love for the outdoors, nature, and family camping adds to his well-rounded and community -focused life. Connect with Mat Garcia to learn more about his extensive experience, innovative mindset, and commitment to building a better future for both the aerospace industry and the community. City Council 5-5 1/16/2024 Finance and Management Services www.santa-ana.org/finance Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report AGENDA TITLE Receive and File: Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report. RECOMMENDED ACTION Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2023: 1. The Auditor's unmodified "clean" opinion letter for the fiscal year 2022-23 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR) 2. Government Auditing Standards (GAS) Letter 3. Governance Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed -Upon -Procedures Report GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Finance and Management Services Agency's Accounting Division (Accounting Division) is the lead on various audit and separately issued reports compiled and prepared by the City's Independent Auditor, CliftonLarsonAllen LLP (CLA). Outlined below is a list of the reports and related status. AUDIT REPORTS Audited Financial Statements — Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023 Annually, the Accounting Division prepares an ACFR, which includes the City's audited financial statements and statistical information for each fiscal year. The ACFR is prepared in accordance with the Generally Accepted Accounting Principles (GAAP) along with the reporting requirements of the Governmental Accounting Standards Board City Council 6-1 1/16/2024 Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report January 16, 2024 Page 2 (GASB). The City's independent public accounting firm, CLA, audits the financial statements, reviews other financial items at the City's request, and issues reports. The Accounting Division is pleased to report that the City received an unmodified opinion commonly known as a clean opinion; which is considered the most favorable conclusion for the audit. The unmodified opinion indicates that the City's financial statements present fairly, in all material respects, the financial position of the City, changes in financial position, and cash flows for the fiscal year ended June 30, 2023 (Exhibit 1). The ACFR for the fiscal year ended June 30, 2023 is posted and available on the City's website (https://www.santa-ana.org/financial-reports) along with prior fiscal years. The report was submitted to the Government Finance Officer Association's Certificates of Achievement for Excellence in Financial Reporting Program. The award is the highest form of recognition in governmental accounting and financial reporting. The City has received this prestigious award for forty-five consecutive years. In addition to the audit opinion, CLA issued the following communication letters: Government Auditing Standards (GAS) Letter (Exhibit 2) Auditor's communication of reportable conditions based on their review of the City's internal controls over financial reporting and on compliance. The results of their review disclosed no instances of noncompliance for the fiscal year 2022-23. Governance Letter (Exhibit 3) Formal communication from the auditor to the City Council, which discloses information related to the audit, including but not limited to the City's accounting practices and implementation of new accounting rules and estimates. Audit of the City's Air Quality Management District (AQMD) Financial Statements Exhibit 4 Under Assembly Bill 2766 Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] cities and counties receiving the AB 2766 funds are required to separately account for the revenue and to expend the revenue for air pollution reduction measures. The AQMD audit report reflects the City's compliance to such measures. The Accounting Division is pleased to report that the City received an unmodified opinion (clean) on the AQMD audit report and no compliance findings were noted. City Council 6-2 1/16/2024 Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report January 16, 2024 Page 3 Single Audit Report — Not Included Herein The City is also required to have a Single Audit of federal financial assistance by March 31 following each fiscal year. Staff expects the Single Audit Report will be issued during February 2024 and will be presented to the City Council shortly thereafter. SEPARATELY ISSUED REPORTS In addition to the ACFR and the AQMD reports, CLA performed the following Agreed - Upon Procedures (AUP) examinations. roariation Limit Calculations, also known as GANN Limit (Exhibit 5 The GANN limit established the appropriations limit on expenditures for publicly funded programs in accordance with Section 1 of Article XIII of the California Constitution. The Accounting Division is pleased to report that no findings were noted as a result of this AUP Review. Citv's Compliance with the Statement of Investment Policv (Exhibit 6 The City elected to have the auditor confirm the City's compliance with its Investment Policy. The Accounting Division is pleased to report that no findings were noted as a result of this review. Measure X Agreed -Upon -Procedures Report (Exhibit 7) In accordance with SAMC 35-216, staff has prepared an annual report that includes the list of expenditures made with Measure X money for FY 2022-23. In accordance with SAMC 35-215, the City's independent auditor has reviewed the annual report prepared by staff, verified the numbers presented, and opined the numbers are fairly stated. On December 13, 2023, the audit engagement partner presented the report to the Measure X Citizens Oversight Committee, in accordance with Section 6 of Resolution No. 2019- 008 (the Committee's establishing resolution). We expect the Committee will prepare its annual report and make recommendations to the City Council in time for the budget process, in accordance with the same establishing resolution. As part of the fiscal year 2022-23 audit, CLA offered to meet with each City Council Member individually to allow for transparency of the audit process and facilitate open communication. The City Council also has direct access to the independent auditors throughout the year. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBITS 1. Audit Opinion Letter 2. Government Auditing Standards (GAS) Letter 3. Governance Letter City Council 6-3 1/16/2024 Fiscal Year 2022-23 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report January 16, 2024 Page 4 4. Air Quality Management District (AQMD) Report 5. GANN Limit Agreed -Upon Procedures Report 6. Investment Policy Agreed -Upon Procedures Report 7. Measure X Agreed -Upon Procedures Report Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Tom Hatch, Interim City Manager City Council 6-4 1/16/2024 Exhibit 1 Clifton LarsonAllen LLP CLAconnect.com INDEPENDENT AUDITORS' REPORT Honorable Mayor and Members of the City Council City of Santa Ana Santa Ana, California Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise City's basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2023, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Emphasis of a Matter Change in Accounting Principle As described in Note 1 E to the financial statements, effective July 1, 2022, the City adopted new accounting guidance, Statement of Governmental Accounting Standards Board (GASB Statement) No. 96, Subscription -Based Information Technology Arrangements. Our opinions are not modified with respect to this matter. CLA (Clifton LarsonAl1, CLAslobal.com/disclaimer City Council 6-5 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditors' Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of City of Santa Ana's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about City of Santa Ana's ability to continue as a going concern for a reasonable period of time. City Council 6-6 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that that the management's discussion and analysis, budgetary comparison schedules - general and major special revenue funds, notes to the required supplementary information, schedule of changes in net pension liability and related ratios and schedule of plan contributions for the miscellaneous, safety, and supplementary retirement plans, and schedule of changes in the total OPEB liability and related ratios be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Santa Ana's basic financial statements. The combining and individual non -major fund financial statements and schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the combining and individual non -major fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Other Information Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditors' report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon. In connection with our audit of the basic financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. City Council 6-7 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 11, 2023, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6-8 1/16/2024 Exhibit 2 Clifton LarsonAllen LLP . CLAconnect.com INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Council City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City of Santa Ana's basic financial statements, and have issued our report thereon dated December 11, 2023. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City of Santa Ana's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Santa Ana's internal control. Accordingly, we do not express an opinion on the effectiveness of the City of Santa Ana's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. CLA (CliftonLarsonAn- CLAglobal.com/disclaimer City Council 6-9 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Santa Ana's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. CliftonLarsonAllen LLP Irvine California December 11, 2023 City Council 6 — 10 1/16/2024 Exhibit 3 Clifton LarsonAllen LLP CLAconnect.com Honorable Mayor and Members of the City Council City of Santa Ana Santa Ana, California We have audited the financial statements of the governmental activities, business -type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana (the City) as of and for the year ended June 30, 2023, and have issued our report thereon dated December 11, 2023. We have previously communicated to you information about our responsibilities under auditing standards generally accepted in the United States of America and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit in our engagement agreement dated May 17, 2023. Professional standards also require that we communicate to you the following information related to our audit. Significant audit findings Qualitative aspects of accounting practices Accounting policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1, the City changed accounting policies related to conduit debt obligations and subscription -based information technology arrangements (SBITA) by adopting Statement of Governmental Accounting Standards Board (GASB Statement) No. 91, Conduit Debt Obligations, and GASB Statement No. 96, Subscription -Based Information Technology Arrangements, in fiscal year 2022-2023. There was no impact on net position resulting from the accounting changes as of the beginning of the year. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: • The annual required contributions, pension expense, net pension liability, and corresponding deferred outflows of resources and deferred inflows of resources for the City's agent multiple employer defined benefit pension plans are based on actuarial valuations provided by California Public Employee Retirement System actuaries and for the City's single employer defined benefit pension plan are based on an actuarial valuation provided by a third -party actuary. CLAglobaLcom/disclaimer City Council 6 —11 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Page 2 The other postemployment benefits (OPEB) expense and total OPEB liability, and corresponding deferred outflows of resources and deferred inflows of resources for the City's OPEB plan are based on an actuarial valuation provided by a third -party actuary. The claims liability for workers' compensation and general liabilities are based on certain actuarial assumptions and methods prepared by an outside consultant. The allowance for uncollectible accounts are based on management's analysis of collectability of receivables based on terms and conditions of agreements, as well as current economic conditions and considerations of creditors ability to pay. We evaluated the key factors and assumptions used to develop the above estimates in determining that they are reasonable in relation to the financial statements taken as a whole. Financial statement disclosures Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. There were no particularly sensitive financial statement disclosures. The financial statement disclosures are neutral, consistent, and clear. Difficulties encountered in performing the audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Uncorrected misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Corrected misstatements None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. No such disagreements arose during our audit. Circumstances that affect the form and content of the auditors' report As previously communicated to you, the report was modified to include an emphasis of a matter to direct readers to Note IE to the financial statements regarding adoption of new account guidance, Statement of Governmental Accounting Standards Board (GASB Statement) No. 96, Subscription - Based Information Technology Arrangements. City Council 6 — 12 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Page 3 Management representations We have requested certain representations from management that are included in the management representation letter dated December 11, 2023. Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the entity's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Required Supplementary Information With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period and the reasons for any such changes, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with management's responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI. Supplementary information in relation to the financial statements as a whole With respect to the combining and individual non -major fund financial statements and schedules (collectively, the supplementary information) accompanying the financial statements, on which we were engaged to report in relation to the financial statements as a whole, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period or the reasons for such changes, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We have issued our report thereon dated December 11, 2023. City Council 6 — 13 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Page 4 Other information included in annual reports Other information (financial or nonfinancial information other than the financial statements and our auditors' report thereon) is being included in your annual report and is comprised of introductory and statistical sections. Our responsibility for other information included in your annual report does not extend beyond the financial information identified in our opinion on the financial statements. We have no responsibility for determining whether such other information is properly stated and do not have an obligation to perform any procedures to corroborate other information contained in your annual report. We are required by professional standards to read the other information included in your annual report and consider whether a material inconsistency exists between the other information and the financial statements because the credibility of the financial statements and our auditors' report thereon may be undermined by material inconsistencies between the audited financial statements and other information. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Our auditors' report on the financial statements includes a separate section, "Other Information," which states we do not express an opinion or any form of assurance on the other information included in the annual report. We did not identify any material inconsistencies between the other information and the audited financial statements. This communication is intended solely for the information and use of the City Council and management of the City of Santa Ana and is not intended to be, and should not be, used by anyone other than these specified parties. CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6 — 14 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Page 5 DESCRIPTION General Fund To adjust for invoices received late and expended in the period after they were applicable Accounts payable Fund balance Water Fund To adjust deposit liability Deposit payable Net Position Revenue To record effect ofprior year uncorrected misstatements Expense Fund balance Sewer Fund To record effect ofprior year uncorrected misstatements Expense Fund balance City of Santa Ana Uncorrected Misstatements June 30, 2023 DEBIT (CREDIT) ASSET LIABILITY NET POSITION REVENUE EXPENSE 682,303 (682,303) - 692,303 (682,303) - - 144,208 (129,344) (14,864) (166,286) 166,286 144,208 36,942 (14,864) (166,286) (64,672) 64,672 64,672 (64,672) City Council 6 — 15 1/16/2024 Exhibit 4 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEAR ENDED JUNE 30, 2023 CPAs I CONSULTANTS I WEALTH ADVISORS City Council 6 — 16 1/16/26p4connect.com CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND TABLE OF CONTENTS YEAR ENDED JUNE 30, 2023 INDEPENDENT AUDITORS' REPORT FINANCIAL STATEMENTS BALANCE SHEET 4 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 5 NOTES TO FINANCIAL STATEMENTS REQUIRED SUPPLEMENTARY INFORMATION 6 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE — BUDGET AND ACTUAL 10 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 11 City Council 6 — 17 1/16/2024 0 Honorable Mayor and Members of the City Council City of Santa Ana Santa Ana, California Clifton LarsonAllen LLP CLAconnect.com INDEPENDENT AUDITORS' REPORT Report on the Audit of the Financial Statements Opinion We have audited the accompanying financial statements of the Air Quality Improvement Special Revenue Fund of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Air Quality Improvement Special Revenue Fund of the City, as of June 30, 2023, and the changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Emphasis of Matter As discussed in Note 1, the financial statements present only the Air Quality Improvement Special Revenue Fund and do not purport to, and do not, present fairly the financial position of the Santa Ana, City of, California, as of June 30, 2023, the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. CLAglobaLcom/disclaimer City Council 6 — 18 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Auditors' Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of City's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the budgetary comparison schedule be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. City Council 6 — 19 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Management has omitted the management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements. Such missing information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. Our opinion on the financial statements is not affected by this missing information. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 11, 2023 on our consideration of the Air Quality Improvement Special Revenue Fund's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City's internal control over financial reporting and compliance. � ��,0-� LLB CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6 — 20 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND BALANCE SHEET JUNE 30, 2023 ASSETS Cash and Investments Intergovernmental Receivable Interest Receivable Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE LIABILITIES Accounts Payable DEFERRED INFLOWS OF RESOURCES Unavailable Revenues FUND BALANCE Restricted for Air Quality Improvement Total Liabilities, Deferred Inflows of Resources, and Fund Balance $ 1,303,840 102,875 6,239 $ 1,412,954 6,743 2,476 1,403,735 $ 1,412,954 See accompanying Notes to Financial Statements. City Council 6 — 21 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE YEAR ENDED JUNE 30, 2023 REVENUES Motor Vehicle Fees $ 516,168 Investment Income 20,375 AB 2766 Discretionary Funds 577,489 Total Revenues 1,114,032 EXPENDITURES Direct Program 162,137 Administrative 20,253 Capital Outlay 1,199,169 Total Expenditures 1,381,559 Excess of Expenditures Over Revenues (267,527) OTHER FINANCING SOURCES (USES) Transfers Out (7,048) CHANGES IN FUND BALANCE (274,575) Fund Balance - Beginning of Year 1,678,310 FUND BALANCE - END OF YEAR $ 1,403,735 See accompanying Notes to Financial Statements. City Council 6 — 22 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2023 NOTE1 GENERAL The financial statements are intended to reflect the financial position and changes in the financial position attributable to the Air Quality Improvement Special Revenue Fund (AQMD) of the City of Santa Ana, California (the City). These financial statements are exclusively for AQMD and do not purport to, and do not present fairly the financial position and changes in the financial position for the City. The South Coast Air Quality Management District (SCAQMD) is authorized under Assembly Bill 2766 (AB 2766) Chapter 1705 [California Health and Safety Code (CHSC) Sections 44220 through 44247] to impose a motor vehicle registration fee to be used by the SCAQMD and local governments specifically for programs to reduce air pollution from mobile sources and related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988. The California Department of Motor Vehicles collects the vehicle registration fee and subvenes it to SCAQMD. Upon receipt, the vehicle registration fee is split into segments with 40% of the revenue place in a special revenue fund designated as the Air Quality Improvement Trust Fund for quarterly distribution to local governments. CHSC Section 44243 requires cities and counties receiving the AB 2766 funds to separately account for the revenues and to expend the revenues for air pollution reduction measures pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan pursuant to Article 5 of Chapter 5.5 of Part 3 of the CHSC. NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Fund Accounting The financial activity of the City is accounted for on the basis of funds, each of which is considered a separate accounting entity with a self -balancing set of accounts. Monies under AB 2766 are accounted for in the Air Quality Improvement Special Revenue Fund, which is a special revenue fund. B. Measurement Focus and Basis of Accounting The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements. City Council 6 — 23 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2023 NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) B. Measurement Focus and Basis of Accounting (Continued) AQMD's financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. C. Budgetary Accounting The City and its component units' fiscal year begins on July 1 of each year and ends June 30 the following year. On or before the fifteenth of June of each year, the City Manager recommends and submits to the City Council a proposed budget for the next ensuing fiscal year based on a detailed financial plan prepared by the heads of the various offices, agencies and departments of the City and its component units. Upon receipt of the proposed budget, the Council holds a public hearing wherein the public is given an opportunity to be heard, after which the Council may make any revisions deemed advisable. After the conclusion of the public hearing, the Council may make modifications with the affirmative vote of a super majority of its members. A super majority vote by City Council is also required to adopt the budget as amended on or before the thirty-first day of July. Upon final adoption, the budget is in effect for the ensuing fiscal year and becomes the authority for the various offices, agencies, and departments to expend subject to controls established by the City Charter. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by affirmative vote of at least two-thirds of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget. Where appropriations are made to offices, departments, or agencies for more than one activity or program, "appropriations" are considered in the aggregate with respect to total expenditures authorized for that office, department or agency within each fund, limited to purposes for which the revenues of such funds are to be spent. The City Manager is authorized to make revisions among the items included in such appropriations if, in his opinion, such revisions are necessary and proper. Budgetary control exists at the department level. Council action is necessary for transfers between funds and departments. During the fiscal year, all budget and supplemental amendments were necessary and made in a legally permissible manner. City Council 6 — 24 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2023 NOTE 2 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. Budgetary Accounting (Continued) The City legally adopts annual budgets for the Special Revenue Funds including the Air Quality Improvement Special Revenue Fund. The budgetary control for the Special Revenue Funds is under the department in charge. The Air Quality Improvement Special Revenue Fund is managed by the Public Works Agency. Monthly budgetary reports are prepared to effect control through fiscal management. The City Council approved supplemental appropriations during the year, but they were not considered material. Budgets are prepared on a modified accrual basis. Encumbrances (e.g., purchase orders, contracts) outstanding at year-end are reported as restrictions of fund balances since they do not constitute expenditures or liabilities. All other annual appropriations lapse at fiscal year-end to the extent that they have not been expended or lawfully encumbered. During the fiscal year, the total Fund's expenditures were within the legal prescribed limits as approved by the City Council. D. Deferred Inflows of Resources In addition to liabilities, the balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of fund balance that applies to a future period and will not be recognized as an inflow of resources (revenue) until that time. The AQMD fund has one item that qualifies for reporting in this category, which is unavailable revenues from intergovernmental revenues and interest receivable. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. E. Fund Balance AQMD's fund balance is reported based on the extent to which the City is bound to observe constraints on the use of the AQMD's resources. AQMD's fund balance is classified under restricted, which include amounts which are constrained for specific purposes that are 1) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or 2) imposed by law through enabling legislation. AQMD's fund balance is restricted for programs initiated for the purpose of implementing the California Clean Air Act. Information regarding the fund balance reporting policy adopted by the City is described in Note 1 to the City of Santa Ana's Annual Comprehensive Financial Report. F. Estimates The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that effect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. City Council 6 — 25 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND NOTES TO FINANCIAL STATEMENTS JUNE 30, 2023 NOTE 3 CASH AND INVESTMENTS AQMD's cash and investments balances are pooled with various other City funds for deposit and investment purposes. Each fund's share of the pooled cash account is separately accounted for, and investment income is apportioned to the participating funds based on the relationship of their average daily balances to the total of the pooled cash and investments. Information regarding the credit risk and authorized types of deposits and investments in the City's pooled cash and investments is included in the City's Annual Comprehensive Financial Report. This report can be obtained from the City of Santa Ana. City Council 6 — 26 1/16/2024 CITY OF SANTA ANA, CALIFORNIA AIR QUALITY IMPROVEMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL YEAR ENDED JUNE 30, 2023 REVENUES Motor Vehicle Fees Investment Income Miscellaneous AB 2766 Discretionary Funds Total Revenues EXPENDITURES Direct Program Administrative Capital Outlay Total Expenditures Excess of Expenditures Over Revenues OTHER FINANCING SOURCES (USES) Transfers Out CHANGES IN FUND BALANCE Fund Balance - Beginning of Year FUND BALANCE - END OF YEAR Budgeted Amounts Original Final Actual Variance with Final Budget Positive (Negative) $ 425,000 $ 425,000 $ 516,168 $ 91,168 7,000 7,000 20,375 13,375 2,000 2,000 - (2,000) 100,000 351,268 577,489 226,221 534,000 785,268 1,114,032 328,764 433,050 433,050 162,137 270,913 31,050 31,050 20,253 10,797 73,440 1,830,223 1,199,169 631,054 537,540 2,294,323 1,381,559 912,764 (3,540) (1,509,055) (267,527) 1,241,528 (7,048) (7,048) (7,048) (10,588) (1,516,103) (274,575) 1,241,528 1,678,310 1,678,310 1,678, 310 $ 1,667,722 $ 162,207 $ 1,403,735 $ 1,241,528 City Council 6 — 27 1/16/2024 Clifton LarsonAllen LLP . CLAconnect.com INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUD/T/NG STANDARDS Honorable Mayor and Members of the City Council City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Santa Ana, California (the City), including the Air Quality Improvement Special Revenue Fund (the AQMD), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the AQMD's basic financial statements, and have issued our report thereon dated December 11, 2023. Report on Internal Control Over Financial Reporting In planning and performing our audit of the AQMD financial statements, we considered the City's internal control over financial reporting (internal control) as it relates to the AQMD as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control related to the AQMD. Accordingly, we do not express an opinion on the effectiveness of the City's internal control related to the AQMD. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. CLAglobaI.com/disclaimer City Council 6 — 28 1/16/2024 Honorable Mayor and Members of the City Council City of Santa Ana Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the AQMD's financial statements are free from material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, including Assembly Bill 2766 Chapter 1705 (Health and Safety Code Sections 44220 through 44247), noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance related to the AQMD. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance related to the AQMD. Accordingly, this communication is not suitable for any other purpose. LLB CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6 — 29 1/16/2024 a Global INDEPENDENT NETWORK MEMBER CLA (CliftonLarsonAllen LLP) is a network member of CLA Global. See CLAglobal.com/disclaimer. Investment advisory services are offered through Clifton LarsonAlle n Wealth Advisors, LLC, an SEC -registered investment advisor. City Council 6 — 30 1/16/2024 Exhibit 5 CITY OF SANTA ANA, CALIFORNIA APPROPRIATIONS LIMIT WORKSHEET NO. 6 INDEPENDENT ACCOUNTANTS' REPORT ON AGREED -UPON PROCEDURES APPLIED TO APPROPRIATIONS LIMIT WORKSHEET NO. 6 YEAR ENDED JUNE 30, 2023 CPAs I CONSULTANTS I WEALTH ADVISORS City Council 6 — 31 1/16/26p4connect.com 0 Honorable City Council City of Santa Ana Santa Ana, California Clifton LarsonAllen LLP CLAconnect.com INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES We have performed the procedures enumerated below on the accompanying Appropriations Limit Worksheet No. 6 of the City of Santa Ana, California, (the City) for the year ended June 30, 2023. The City's management is responsible for the Appropriations Limit Worksheet No. 6. The City and the League of California Cities (as presented in the League publication entitled Article XIII-B Appropriations Limit Uniform Guidelines) have agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of meeting the requirements of Section 1.5 of Article XIII-B of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures and the associated findings are as follows: We obtained the completed Appropriations Limit Worksheet No. 6 for the year ended June 30, 2023 and compared the limit and annual adjustment factors included in that worksheet to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheet to those that were selected by a recorded vote of the City Council. No exceptions were noted as a result of our performing this procedure. 2. For the Appropriations Limit Worksheet No. 6, we added last year's limit to the total adjustments, and compared the resulting amount to this year's limit. We also recalculated the adjustment factor and the adjustment for inflation and population and compared the results to the amounts on Appropriations Limit Worksheet No. 6. No exceptions were noted as a result of our performing this procedure. 3. We compared the prior year appropriations limit presented in the accompanying Appropriations Limit Worksheet No. 6 to the prior year appropriations limit adopted by the City Council for the prior year. No exceptions were noted as a result of our performing this procedure. CLAglobaI.com/disclaimer City Council 6 — 32 1/16/2024 Honorable City Council City of Santa Ana We were engaged by the City to perform this agreed -upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Worksheet No. 6. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed -upon procedures engagement. This report is intended solely for the information and use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6 — 33 1/16/2024 CITY OF SANTA ANA APPROPRIATIONS LIMIT WORKSHEET NO. 6 YEAR ENDED JUNE 30, 2023 Appropriations Limit for Fiscal Year Ended June 30, 2022 (see Note 2) Adjustments Factors for the Fiscal Year Ended June 30, 2023 (see Note 2): Inflation Population Factor Factor (Note 3) (Note 4) 1.0755000 0.9977000 Adjustment for Inflation and Population Other Adjustments (Note 5) Total Adjustments Appropriations Limit for Fiscal Year Ended June 30, 2023 $ 1,231,615,395 Combined Factor 1.0730000 x 0.07300000 89,907,924 89,907,924 $ 1,321,523,319 See accompanying Notes to Appropriations Limit Worksheet No. 6. City Council 6 — 34 1/16/2024 CITY OF SANTA ANA NOTES TO APPROPRIATIONS LIMIT WORKSHEET NO. 6 JUNE 30, 2023 NOTE 1 PURPOSE OF AGREED -UPON PROCEDURES Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to agreed -upon procedures in connection with the annual audit. NOTE 2 METHOD OF CALCULATION Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1, 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed at Notes 3 and 4 below. NOTE 3 INFLATION FACTORS A California governmental agency may adjust its appropriations limit by either the percentage change in California per capita personal income from the preceding year (which is supplied by the State Department of Finance), or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City of Santa Ana (the City) for fiscal year 2022- 2023 represents the percentage change in California per capita personal income from the preceding year. NOTE 4 POPULATION FACTORS A California governmental agency may adjust its appropriations limit by either the annual percentage change of the jurisdiction's own population, or the annual percentage change in population in the County where the jurisdiction is located. The factor adopted by the City for fiscal year 2022-2023 represents the annual percentage change in the population in the County where the City is located. NOTE 5 OTHER ADJUSTMENTS A California governmental agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another governmental agency or private entity. The City had no such adjustments for the year ended June 30, 2023. City Council 6 — 35 1/16/2024 a Global INDEPENDENT NETWORK MEMBER CLA (CliftonLarsonAllen LLP) is a network member of CLA Global. See CLAglobal.com/disclaimer. Investment advisory services are offered through Clifton LarsonAlle n Wealth Advisors, LLC, an SEC -registered investment advisor. City Council 6 — 36 1/16/2024 Exhibit 6 Clifton LarsonAllen LLP CLAconnect.com INDEPENDENT ACCOUNTANTS' REPORT Honorable City Council City of Santa Ana Santa Ana, California We have performed the procedures enumerated below on assisting the City of Santa Ana (the City) in determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code) for the quarter ended June 30, 2023. The City's management is responsible for the compliance with the Policy and the Code. The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of determining whether the City's investment activities are in compliance with the City's Statement of Investment Policy (the Policy) and the California Government Code, §53600, et al. (the Code). This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures and the associated findings are as follows: 1. We obtained a copy of the City's Quarterly Investment Report for the quarter ended June 2023 and compared the investments listed in the report to the types of investments authorized by the Policy for fiscal year 2022/2023. No exceptions were noted as a result of our performing this procedure. 2. We compared the investments listed on the City's Quarterly Investment Report for the quarter ended June 30, 2023 to the type of investments authorized by the Code. No exceptions were noted as a result of our performing this procedure. 3. We observed the maturity dates for all investments listed on the City's Quarterly Investment Report for the quarter ending June 30, 2023 and compared to the maturity limits stated in the Policy to determine the dates do not exceed the limits in the policy. No exceptions were noted as a result of our performing this procedure. CLAglobaLcom/disclaimer City Council 6 — 37 1/16/2024 Honorable City Council City of Santa Ana Page 2 4. We obtained the City's Quarterly Investment Report for the quarter ending June 30, 2023 and observed that it contained the information/data required by the Code and met the timing requirements of the Code, as follows: a. Included the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments and monies held by the City. b. Included those funds under management of contracted parties (fiscal agents, trustees, etc.). c. Included market value (and source) as of the date of the report for all securities held by the City or under management of any outside party that was not also a local agency or the State of California Local Agency Investment Fund. d. Stated compliance of the portfolio to the Policy of the City. e. Included a statement addressing the ability of the City to meet the pool's expenditure requirements for the next six months. No exceptions were noted as a result of our performing this procedure. 5. We compared the investments listed in the City's Quarterly Investment Report for the quarter ended June 30, 2023 to the prohibited investments listed in the Code. No exceptions were noted as a result of our performing this procedure. 6. We obtained and observed the date of submission of City's Quarterly Investment Report for the quarter ended June 30, 2023 per the submission evidence documentation to determine that the date is within 45 days following the end of the quarter. No exceptions were noted as a result of our performing this procedure. We were engaged by the City of Santa Ana to perform this agreed -upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants and the standards applicable to attestation engagements contained in Government Auditing Standards, issued by the Comptroller General of the United States. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the compliance with the Policy. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the City of Santa Ana and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed -upon procedures engagement. City Council 6 — 38 1/16/2024 Honorable City Council City of Santa Ana Page 3 This report is intended solely for the information and use of City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. CliftonLarsonAllen LLP Irvine, California December 11, 2023 City Council 6 — 39 1/16/2024 Exhibit 7 CITY OF SANTA ANA, CALIFORNIA SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES WITH INDEPENDENT ACCOUNTANTS' REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTIONS ABOUT THE CITY'S COMPLIANCE WITH MEASURE X YEAR ENDED JUNE 30, 2023 CPAs I CONSULTANTS I WEALTH ADVISORS City Council 6 - 40 1/16/26p4connect.com CITY OF SANTA ANA, CALIFORNIA TABLE OF CONTENTS YEAR ENDED JUNE 30, 2023 INDEPENDENT ACCOUNTANTS' REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTIONS ABOUT THE CITY'S COMPLIANCE WITH MEASURE X SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES 2 NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES 3 City Council 6 — 41 1/16/2024 Clifton LarsonAllen LLP . CLAconnect.com INDEPENDENT ACCOUNTANTS' REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTIONS ABOUT THE CITY'S COMPLIANCE WITH MEASURE X Measure X Citizen Oversight Committee and Members of City Council of the City of Santa Ana Santa Ana, California We have examined management of the City of Santa Ana, California's, (the City) assertion that the accompanying schedule of Measure X revenues and uses/expenditures (the Schedule) for the fiscal year ended June 30, 2023 is accurate and that the City's uses/expenditures of Measure X funds complied with the requirements of Measure X ballot language (the specified requirements). The City's management is responsible for its assertion. Our responsibility is to express an opinion on management's assertion about the City's compliance with the specified requirements based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether management's assertion about compliance with the specified requirements is fairly stated, in all material respects. An examination involves performing procedures to obtain evidence about whether management's assertion is fairly stated, in all material respects. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material misstatement of management's assertion, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. We are required to be independent and to meet our other ethical responsibilities in accordance with relevant ethical requirements relating to the engagement. Our examination does not provide a legal determination on the City's compliance with the specified requirements. In our opinion, management's assertion that the accompanying Schedule for the fiscal year ended June 30, 2023 is accurate and that the City's uses/expenditures of Measure X funds complied with the requirements of Measure X ballot language, is fairly stated, in all material respects. This report is intended solely for the information and use of the Measure X Citizen Oversight Committee, City Council, and management of the City of Santa Ana and is not suitable for any other purpose. LLB CliftonLarsonAllen LLP Irvine, California December 4, 2023 CAA (ukLon—rso. CLAglobaLcom/disclaimer City Council 6 — 42 1/16/2024 CITY OF SANTA ANA SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES YEAR ENDED JUNE 30, 2023 Amount Measure X Revenue: July 2022 $ 6,889,063 August 2022 6,698,112 September 2022 8,440,486 October 2022 6,953,957 November 2022 6,074,990 December 2022 9,222,741 January 2023 6,621,724 February 2023 5,483,891 March 2023 9,283,001 April 2023 6,549,095 May 2023 7,027,728 June 2023 7,605,018 Total Measure X Revenue $ 86,849,806 Measure X Uses/Expenditures: Maintain Effective 911 Response $ 9,546,205 Retaining Firefighters 7,738,131 Addressing Homelessness 10,146,728 Fixing Streets 3,100,660 Maintaining Parks 6,965,898 Youth Services 2,364,920 Other Unrestricted General Revenue Purposes 31,694,508 Total Measure X Uses/Expenditures $ 71,557,050 See accompanying notes to the Schedule of Measure X Revenues and Uses/Expenditures. City Council 6 — 43 1/16/2024 CITY OF SANTA ANA NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES JUNE 30, 2023 NOTE 1 REVENUES AND USES/EXPENDITURES Measure X revenues consist of the 1.5 cent transactions and use tax approved by the voters of Santa Ana on November 6, 2018 and became effective April 1, 2019. Total revenue collected for fiscal year 2022-23 was $86,849,806. Measure X is a general-purpose tax, which means the revenues received from the tax go into the City's General Fund to maintain or enhance any lawful City program, improvement, or service such as maintain effective 9-1-1 response, retaining firefighters, addressing homelessness, fixing streets, maintaining parks, youth services; and other unrestricted general revenue purposes. To determine some of the Measure X expenditures, the City performs an analysis comparing expenditures between the current year and the base year. The base year has been identified as fiscal year 2018-19, representing the year of Measure X's passage. When completing the analysis, the City determines; (1) the amount of the increase of expenditures when compared to the base year, (2) significant contractual increases, and (3) increase in expenditures between cost centers or programs. Some Measure X expenditures are based entirely on vendor invoices. The accompanying Schedule of Measure X Revenues and Uses/Expenditures is summarized by ballot category. Total Measure X uses/expenditures for fiscal year 2022-23 were $86,849,806, including amounts carried forward to fiscal year 2023-24. The largest program expense was other unrestricted general revenue purposes totaling $31,694,508, which included the following: • Addressing prior year deficits and employee compensation increases for non - Safety employees totaling $11.7 million o $10.2 million - deficit o $1.5 million - planned savings • Future Pension Stabilization - $4.8 million • Parking Enterprise Subsidy - $2.9 million • Santa Ana Business Interruption Fund Program - $1.5 million • Santa Ana Regional Transportation Center Subsidy and Maintenance - $1.1 million • Increase the City Events Budget - $1.1 million • Museum Building Rehabilitation - $1.0 million • Graffiti Abatement Service Enhancement (Graffiti Removal) - $0.8 million • New Debt Payments for Purchase of Streetlights - $0.8 million • Zoo Contract & Supply Enhancements - $0.8 million • Support for Utility Billing, Business Retention and HR — Administrative - $0.7 million • Sales Tax Rebate - Volvo & Tac Energy - $0.7 million • Street Tree Maintenance (Tree -Trimming) - $0.7 million • Vehicle Incentive Program - $0.7 million • Engineering Salaries for Review of Plan Checks and Permits - $0.6 million • Other Programs (various) - $1.8 million City Council 6 — 44 1/16/2024 CITY OF SANTA ANA NOTES TO SCHEDULE OF MEASURE X REVENUES AND USES/EXPENDITURES JUNE 30, 2023 NOTE 1 REVENUES AND USES/EXPENDITURES (CONTINUED) The revenues are higher than uses/expenditures reported for the period; however, management has designated the excess of approximately $15.3 million as an addition to the general fund balance for carryover appropriations during the year ended June 30, 2023. The following is a recap of the activity for fiscal year 2022-23: Amount Total Measure X Revenue $ 86,849,806 Total Measure X Uses/Expenditures $ 71,557,050 Additions to General Fund Balance for Carryover Appropriations 15,292,756 Total $ 86,849,806 City Council 6 — 45 1/16/2024 a Global INDEPENDENT NETWORK MEMBER CLA (CliftonLarsonAllen LLP) is a network member of CLA Global. See CLAglobal.com/disclaimer. Investment advisory services are offered through Clifton LarsonAlle n Wealth Advisors, LLC, an SEC -registered investment advisor. City Council 6 — 46 1/16/2024 Public Works Agency www.santa-ana.org/public-works Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Certification of Final Tract Map 2019-02, County Tract Map No. 19064 AGENDA TITLE Receive and File the Certification of Approval by City Engineer of Final Tract Map 2019- 02, County Tract Map No. 19064 For 301 and 305 North Mountain View Street (Applicant: Olympia Capital Corporation) (No Fiscal Impact) RECOMMENDED ACTION Receive and file the certification of approval by City Engineer of the Final Tract Map 2019-02. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapters 34 and 41 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-127, includes the approval of tentative tract maps by the Planning Commission. Following the approval of a tentative map by the approving body, the property sub- divider prepares and submits a final map(s) to the City Engineer for approval. If the final map is in the correct form, prescribed by the Subdivision Map Act and Chapters 34 and 41 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer. On October 26, 2020, the Planning Commission approved Tentative Tract Map 2019-02 (Orange County Map No. 19064), to allow the proposed subdivision of land into eight condominium units and facilitate the construction of four separate buildings, each with two units. The approved tentative tract map (Exhibit 1) allows subdivision of the project site for condominium ownership purposes. The City Engineer is in the process of reviewing the final tract map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of City Council 7-1 1/16/2024 Certification of Final Tract Map 2019-02, County Tract Map No. 19064 January 16, 2024 Page 2 the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of January 16, 2024. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Tentative Tract Map 2. Final Tract Map Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 7-2 1/16/2024 5TH ST. - EASEMENT NOTES (YE SxfET 3 FOR EASEMENT PLoi) j� �/////] (�/\/�'�' ��F���\\\////��j�� IxRCiDCIE�i o FPURPO25A¢ FAVORW""7 BAKD ER IDPE T E N T Q T 0 E T R Q \J T MAP Q P 19064 ANDS 80 "`" ° ll � "°�"aER °s`"°' FOR 8 UNIT CONDOMINIUM PROJECT GSEUEiPU— 1FOR PUBIIC UnUIEs uLD IxnO[xiu } AxPoANA"R �ITa -"a°" DH IN 305 N. MOUNTAIN VIEW STREET, SANTA AKA, CA + F, _ , of anoAL RECORDSP(xor Ro raeff) ENIsnNG RR'ATE � s 3 ORI -El BE unur�i ILIVs EA ii//"" g 6 Ensr. soenix (PRmm rt W TO iAIN � 9h �µ is"xEmEDA pEE� OE�FR NON FACIUDE5IM A20 Ca1—CT RETBINNG WALL4 (B` MAX) 11H 6' HIGH AGCN EXII WAiL IAL, e e�� SREM ) 300.35' lEnsr. cuR N89'28'30"E Exisr Sr �-BRAIN 't 51 1 ' INLET \ III s I- _ uNoscwE I 6 e� II UNIT, IRar 1 ulaT 2 8d J. ■ UNff 3 o 7 3 F® UNIT �Z. z i ��; - II 5' W 73.7�8 70.4 ADo '�9' 73. PAPPA 7�3 AD II (D E Eh Gv RMN INLLr 9 / g III I EXIST ME xEl 4 8 n.GRG>�'. WTFEREPROTEC 1 _O LAc1 y GARAGE GARAGE GARAGE GARAGE �0EXIST 73.87GFF 73.87GFF 73.87GFFi3.87GFF fi 73.20PAD 73.20PAD ,R 71.20PAD 7370PAD e .ado sDE ue Axe — - 71,24 OFIR 793]9.. \ / 1 71 01 LANBELAFE 11 -, / n n6zN UNIT 5 74L 41 73.770PAAQ GARAGE 73.87GFF 73.20PAD % r: �I NMI Mill I s Poem FOIE ro A �TREE Ar III (o BE REMo o xx .1. PRWOs o ,7SNO IN, EEME 6 5 Iz Fs- x 03 W AIN, ES „ .sox orcx II F y oaGDiE11 _ 7'El fixes zxsoro71 1z. ° _ Izam 6 WATER AINN1m 'IN93x m.xfiTc e zx 71.40JBIBSEARE SI N89'28'30"E BEIIIi RLIXESN PRWasm vnw Al ww T. A I� °ts-�i6RIDEI II ST I` xsT"SIGN (REL—T it EMSr. CURB & GO(,Bond FBG1NG e el 3 II BGIDxG MER A ION `/6TOR—x" N,ILOIxc mom+ z 0"MAXI Q- —IG GRca PROJECT DESCRIPTION I -SEES: Rz TORE OF WNSTRUCDa: TYPE I-S BUILDING M MC CPC, CEC, CFO. CRC PFp ATE (FIRPERWiRINNLER ES 1016 CAIIFOANIA fQEN BULpNG CODE X-R)PNCE 1TH WC R3113 2016 TA IA ORBRANCE W xFPA pro) LOT SM 32.4W IF UN:T TYPE & MIX C R�GAA�AREA IW� 1ST48 MC BOOR awn: SE ffg FORA AREA MSF FLINT. SBY SF PWa APFA M Sf 35 TOTAL 1ST F— FLINT. 1610 sF 1ST 1111 AREA 111 TOTAL m FIAOR FO'VFNI: NIB IF 1 I3 7ST FLOOR AREA'. 660 7 NO OF PANK NG SPACE£ 31 .CAR GARAG. N . IF OF PWa AREA: 35AIF d BfLANSIONFE AREA, BUILDNG LOT —RAW: FOAM IF CO M%) MET TREE REN AITR TTE NBLIC R CalMI1RE '(ETA' SE AEN LETTERVIROMMENTAL AM) MIS NEWESONG n MET TRFE(S) THAT OCNFLICT 1TH THE I GRAPHIC SCALE City Pound (wemr) L SECTION D-D SECTION B-B R BGILGxc zap w/a' xolTeLwc vu�L IT (EUG I oR wu EX I� [E-- uwxD ^ J SECTION C-C P: - L . L i� 11W1116'a "Ip yE.KT.(REuo IT f2iANIG WYL aw MAN., 11H 6' NIW BLOCK WAIL LEGAL DESCRIPTION vi+TAA AN IN TH auxnEoi 0RLNox¢sSITUATEDTc1iF..:A uWiO Is DESCRIBED AS F0.L0'M: ANI CWNI OFORANGE, STATE A¢LLIF LAT NFau AS PER u. BECWLm IN — 31. APW 1W Is APs. 11—F 1-1-11 c.wPamlA. APN: TOO_ -Gs 72.11. I �� :I�D.}- N� FEJ; 73:70II'AD J - - GARAGE 73.87GFF 73.20PAD m SECTION A -A TYPICAL SECTION PRIVATE DRIVE xTs x , BOOK .S.PAwN Manx �I xIx a SH .lo- zmuN Ac/Ae vA.wD.r IT TNIK 1- ICK REsauxr OF_ Ex z'.a Rc wN cauRA IxG xxT PERMEABLE ECO-STONE PAVER DETAIL NTs �i265xy \ � nN 4F3iil IYZ'I �ifa• 1�1 fYEiLv Rudl'1" 1 �111111111 i' 1111111111 11111111lI 1111 _ _ , J2 N■ION "' 11 i Fs LAN I � OxAPE k 11.42 u D x scAPExryI BLI FOOTPRINT 1 BUILDNO FOOTPRINT 2 UNIT 1 UNITS 2�4, S. 8 BUILDING FOOTPRINT 3 UNITS 3, 7 CONCEPT GRADING PLAN BUILDING FOOTPRINT 3 TENTQTWE TRACT MAP 19004 FOR 8 UNIT CONDOMINIUM PROJECT 305 N. MOUNTAIN VIEW STREET, SANTA ANA, CA ENSTxG BLOCR wN1 ,, N89'28'30'E 70.92 71,01 70,57 70.75 70.83 x 70.48 x 70.79 EXIST. jKDG(72 6 x 70.520 . 70,52 7 .06 * 70.3E x 70.96 9X� � 70.80 EXIST. BLDG (71.06)FF I?2� 70.72 NmxG B APPROVN EBYRME ENNRO-TFE - TRH W 1- (ETAG). A IETIER RE —FIG n ETMET TREE(S) THAT ONNOT NV THE f GRAPHIC SCALE City Counci (IR-A—) um 70.60 x 70.25 IM LEGAL DESCRIPT" ai�`LOcs u'o1 cwi1aAA, E.rGuI a DiR ITAD0N5 Nan AS Pm. PEWRDED xixA-" PRO' - OF [ELLifEIS All ORAR. CWxTY. OALIFpixiA. EASEMENT NOTES - (SEE PLOT) Q E DE OR OPAREER 1 1924 iM BOOR 5U, PAGE aOs OF OFF — ( sr MATEx. _ w'AMu AMA —ROM R TiM BOOR ea PAGE 396 OF WaAL REC— I- PLOFF_j) EXISTING TOPOGRAPHIC SURVEY SS $ � aRo�Ecr LOCATION VICINITY MAP NRS City Council 7-5 1/16/2024 City Council 7-6 1/16/2024 City Council 7-7 1/16/2024 Public Works Agency www.santa-ana.org/public-works Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Purchase of a Rizon el8L EV Truck for the Public Works Agency AGENDA TITLE Award a Purchase Order Contract to Los Angeles Truck Centers for One Rizon e18L EV Truck, in an Amount Not -to -Exceed $237,588 (Bid No. 23-190) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $237,588 in prior -year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Fleet Services -Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize a one-time purchase and payment of a Purchase Order to Los Angeles Truck Centers for one 2023 Rizon el8L EV Truck, in an amount not to exceed $237,588, including a $20,000 contingency amount. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services team routinely strategizes to implement green measures that advance the California Clean Air Act mobile source emission reduction goals. Adopted in 1990, California Assembly Bill 2766 (AB 2766) allows motor vehicle subvention fund recipients to replace conventionally fueled vehicles with lower emission and zero emission vehicles. To further reduce the City's carbon footprint, greenhouse gas emissions, and overall operational maintenance cost, the Fleet Services Division is requesting to purchase a Rizon e18L EV Truck (Exhibits 1 & 2). Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The State of California Department of General Services, Procurement Division, awarded a contract to Los Angeles Truck Centers (Contract No. 1-23-23-22A) (Exhibit 3), as a result of open, competitive bidding on behalf of its own agency. City Council 8-1 1/16/2024 Purchase of a Rizon el8L EV Truck for the Public Works Agency January 16, 2024 Page 2 Staff researched available procurement options and product offerings in the market and determined that Los Angeles Truck Centers meets the City's specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City's existing Purchasing guidelines. FISCAL IMPACT With the approval of the requested appropriation adjustment, $237,588 will be recognized in prior year fund balance in the Air Quality Improvement (AB 2766) Fund, Prior Year Carry Forward revenue account (No. 03117002-50001) and appropriate the same amount into the Fleet Services -Air Quality Improvement, Machinery and Equipment expenditure account (No. 03117101-66400). Funding is available in FY 2023-24 budget and available for expenditure. Fiscal Accounting Fund Accounting Unit, Amount Year Unit Description Account Description 2023-24 03117101- Air Quality Fleet Services -Air Quality Improvement, Machinery $237,588 66400 Improvement & Equipment (AB 2766) EXHIBIT(S) 1. Picture of Rizon el81 EV Truck 2. Quote No. DE-05756 3. Contract No. 1-23-23-22A Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 8-2 1/16/2024 PEA.+ar*.�gtF,:fT7,s_'...n�e,-war��_._._ F., - \., •> �Y fFa _.. u.-' ...� .:L�i-' SIBS :.SIR ��•...--- i .. .. i .... :Y�1a'.:Y �lr;'. rL, .v�yL'Ifi�l�'r�� . •, xc�+s._r ��_ .__--- .. � c ,G • - - � 9� %� �t��',is► 14 -"':a:. ���-.. r ��•��. C fS'l�i'l� �...� �'.'�r�l'.r"'ARfa.....-sr..��-�_ ._. m ... _ f� I ��� ■��•h�lk�l• 11 ii�w. k1�.'�a. '�e�1�titi.. ���P ��Jb�iS�i'iiaR.. z'�" _.. _._ HMMLii�l--VXM TAI :Z.NR7 IT AREgr�'{'_ •L��: i�i ..`'Yid r:'i i i� •_�,..a .,� -��.. �.. �'kwmlm E AID ;I Imp°1'la mw _ � � t fir �I�LI`r-'1 Is \- ¢. � � _ Gllii• ' �f I ARC �' � _ 7m \ �,��L s ,t!' ��a�a@wkf "sue tJ�Q e. ■ Ir 2f I-. - f..� _._..,..... . �= ..:•......ter :.� i; i ���—�� - _ ....�,:.. ,,,���F• � ur„rt� � ti -err � r; City Council 8-3 1/16/2024 EXHIBIT 2 �l/FLOC/TY 000 Buyers Order • 00 Deal#: DE-05756 W TRUCK CENTERS Peck Roadr Whittier CA''•' Opp#: 2023-151145 www.VelocityTruckCenter.q.com Date: 11 /13/2023 Contact: James Blakely - Mobile: 714-357-0024 - Email:jblakely@vvgtruck.com 3i11 To 100334 Ship To: CITY OF SANTA ANA PURCHASING DIV M-16 215 S. CENTER BLDG. J SANTA ANA CA 92702 County: Orange Phone: (714) 647-5462 esosa@santa-ana.org Unit#: Stock#: New 2023 RIZON E18L VIN: GVW: 17995 18M Battery Model Credit 48"x96"x58" alum tunnel box with 2 shelves mounted Duramag 12'x96" smooth side aluminum landscape dump per 3047 Install Duramag body, supply and install safety lights, arro To Be Delivered On or About:03/03/2024 Lienholder: None... Price: $148,500.00 Color: White $-8,000.00 $8,800.00 $28,035.70 $21,555.60 Unit Price: $198,891.30 Sub Total $198,891.30 Admin Fee $195.00 Doc Fee $85.00 CA Tire Recycle Fee $10.50 Sales Tax (9.250%) $18,405.31 Total Vehicle Sale Price $217,587.11 Net Total $217,587.11 This is an offer to tag on to the state Calif. bid 24171, Agreement number 1-23-23-22A. CLIN 13 for Rizon 18L *** PRICING IS SUBJECT TO CHANGE DUE TO SUPPLY CHAIN AND PRODUCTION ISSUES. *** CITY OF SANTA ANA PURCHASING DIV M-16 x James Blakely Nov 13 2023 4:49PM Page 1 of2 1. TRADE-IN(S). Purchaser shall deliver trade-in(s) in the same condition as at the time of inspection and appraisal by Seller reasonable wear and tear excepted, except as disclosed in the Agreement. Purchase represents that each truck shall be free and clear of all liens and encumbrances and warrants that the trade-in(s) are that type and condition described in this Agreement, including any attachments hereto. 2. TERMS OF PAYMENT. Unless otherwise agreed, net payment shall be due on delivery. Late payments shall bear interest at the rate of 18% per annum, or the maximum permitted by law, whichever is less. If acceptance of delivery is delayed by Purchaser, payment shall become due on the date when Seller is prepared to deliver. If the financial condition of Purchaser at any time does not, in the judgment of Seller, justify continuance of the work to be performed by Seller hereunder on the terms of payment as agreed upon, Seller may suspend such work, or postpone delivery, and require such assurances of Purchaser's performance as Seller deems adequate, including payment in advance, or Seller may cancel this order and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of bankruptcy or insolvency of Purchaser, voluntary or involuntary, Seller shall be entitled to cancel any order then outstanding at any time and seek reimbursement for its reasonable and proper cancellation charges. 3. CANCELLATION. Purchaser may cancel this order only if Seller is able to cancel said order with the manufacturer, and only upon written notice. Upon cancellation or failure to accept delivery, Purchaser shall pay Seller reasonable cancellation changes and expenses, not to be less than Seller's out-of-pocket expenses including carrying costs. 4. SALES AND OTHER TAXES. Unless otherwise specified herein, Seller's price does not include federal excise, sales, use, or other taxes. Consequently, in addition to the price specified herein, the amount of any other excise, sales, use or other tax applicable to the sale or use of the trucks purchased hereunder shall be paid by Purchaser, or in lieu thereof Purchaser shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. Purchaser agrees that all taxes related to this transaction, whether arising at the time of the transaction or in the future, are Purchaser's responsibility and further agrees to promptly pay any such taxes. 5. DELIVERY. All trucks furnished hereunder shall be delivered to Purchaser at the Seller's dealership location or other location as designated in this Agreement. Unless otherwise provided, delivery will be made via carriers and routes designated by manufacturer with freight charges to be included in the purchase price. Delivery dates are approximate and are based upon receipt of all necessary information from Purchaser. Seller shall not be liable for delays in delivery or manufacturing, or other causes beyond Seller's control. 6. TECHNICAL CHANGES. Purchaser acknowledges that the manufacturer and Seller reserve the right to change the specifications of the truck(s) at any time without obligation to make such changes in other trucks previously delivered to Purchaser. In addition, manufacturer and Seller reserve the right to make design changes and substitution of materials subsequent to the receipt of the order which, in manufacturers or Seller's opinion are necessary to improve the truck. Purchaser agrees to accept any such changes as fulfillment of Seller's obligations under this order. 7. REQUIRED EQUIPMENT. This order shall be deemed to include, whether or not specified herein, all equipment or accessories required by the National Highway Traffic Safety Act or other regulations in effect at the time of order of receipt. It is agreed that any additional or different equipment not specified which is required at the time of delivery to meet the foregoing Act or other regulations will be added and the costs shall be paid by Purchaser. Purchaser understands that certain safety equipment is available that is not legally required and is available at Purchasers request for an additional fee. 8. TITLE AND REMEDIES. Until full payment by Purchaser of all amounts due hereunder, Seller reserves the title to all equipment furnished hereunder. If Purchaser defaults in payment or performance hereunder or becomes subject to insolvency, receivership, or bankruptcy proceedings, or makes an assignment for the benefit of creditors, or without the consent of Seller voluntarily or involuntarily sells, transfers, leases, or permits any lien or attachment on the equipment delivered hereunder, Seller may treat all amounts then or thereafter owing hereunder by Purchaser as immediately due and payable (subject only to credits required by law) and Seller may repossess said equipment by any means available by law and shall enjoy any and all other remedies of a secured creditor under the Uniform Commercial Code. Purchaser shall execute and deliver to Seller such financing statements and other documents, as Seller may deem appropriate to evidence, perfect, and protect the priority of its security interest in the truck(s) subject to this order. 9. GENERAL. Any assignment by Purchaser of this order or any rights hereunder, without written consent of Seller, shall be void. Clerical errors in this order may be automatically corrected by giving written notice thereof to Purchaser by a duly authorized representative of Seller. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless and until in writing and signed by a duly authorized representative of Seller. To the extent not covered by other terms herein, including terms of warranty and limitation of liability, etc., the provisions of the Uniform Commercial Code shall govern this sale. This Agreement (including by reference the provisions set out in manufacturer's standard warranty or warranties) shall constitute the entire agreement between Purchaser and Seller, and no understandings or obligations not expressly set forth herein or in manufacturer's standard warranty or warranties are binding upon Purchaser or Seller. ALL WARRANTIES, IF ANY, BY A MANUFACTURER OR SUPPLIER OTHER THAN SELLER ARE THEIRS, NOT SELLER'S, AND ONLY SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES. SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Accepted and Agreed by: (Company Name) Signor's Name and Title: 9 (Date) (Please Print Name and Title. Must be an Officer of the company (Signature) Ai rthnri7crl to n pnrnvc ra in tni p,,rrhnQaz Nov 13 2023 4:49EMty Council 8-5 1 /16/2024 Page 2 of S PL OF �UREfC.q ?�F of ,, Department of General Services Procurement Division I 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 State of California STATEWIDE CONTRACT USER INSTRUCTIONS MANDATORY *Supplement 5* *(Incorporates Supplements 1— 5)* ISSUE AND EFFECTIVE DATE: CONTRACT NUMBER: DESCRIPTION: CONTRACTOR(S) CONTRACT TERM: STATE CONTRACT ADMINISTRATOR: EXHIBIT 3 *1111512023* 1-23-23-22 A through D & F-G Alternate Fuel Medium/Heavy Duty Vehicles Los Angeles Truck Centers (1-23-23-22A) Riverview International Trucks, LLC (1-23-23-22B) Sacramento Truck Center (1-23-23-22C) TEC of California, Inc. (1-23-23-22D) XOS Services Inc. (1-23-23-22F) Western Truck Parts & Equipment Company, LLC (1-23-23-22G) 06/28/2023 through 06/26/2025 Frank Martin 279-946-8035 Frank. Martin6a�dgs.ca.gov The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions: Non -IT General Provisions (rev 6/21/2022 Cal eProcure link: www.caleprocure.ca.gov City Council 8-6 1/16/2024 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets. SUMMARY OF CHANGES Supplement Description/Articles Supplement Number Date ➢ *User Instruction Sections 8, 12, and 22: *5* Update XOS Services contact *1111512023* information. * ➢ Added Contract 1-23-23-22G with Western Truck Parts & Equipment Company, LLC. ➢ Attachment A — Contract Pricing — Supplement 1 has been replaced with 4 Attachment A Contract Pricing — 09/15/2023 Supplement 4 ➢ Attachment C — PCRC — Supplement 1 has been replaced with Attachment C — PCRC — Supplement 4 3 ➢ Updated State Contract Administrator 08/04/2023 information. 2 ➢ Corrected contact information for Los 07/19/2023 Angeles Truck Centers 1 ➢ Award to The Lion Electric Co. USA Inc. 07/10/2023 has been rescinded. All references to Contract 1-23-23-22E have been removed. ➢ Attachment A — Contract Pricing has been replaced with Attachment A Contract Pricing — Supplement 1 ➢ Attachment C — PCRC has been replaced with Attachment C — PCRC — Supplement 1 N/A Original Contract Posted 06/28/2023 All other terms and conditions remain the same. ContracOjt936'&j4-D & F-G Page 28 — 7 1/16129214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* TABLE OF CONTENTS 1. SCOPE.............................................................................................................................. 4 2. CONTRACT USAGE/RULES............................................................................................4 3. DGS ADMINISTRATIVE FEES.......................................................................................... 5 4. SB/DVBE OFF -RAMP PROVISION...................................................................................5 5. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE ................................................. 5 6. CONTRACT ITEMS...........................................................................................................6 7. SPECIFICATIONS.............................................................................................................7 8. CUSTOMER SERVICE..................................................................................................... 8 9. PRODUCT SUBSTITUTIONS........................................................................................... 8 10. PURCHASE EXECUTION.................................................................................................9 11. MINIMUM ORDER........................................................................................................... 10 12. ORDERING PROCEDURE............................................................................................. 10 13. ORDER ACCEPTANCE.................................................................................................. 11 14. ORDER ACKNOWLEDMENT.......................................................................................... 11 15. DELAYED PRODUCTION REMEDY............................................................................... 11 16. DISCONTINUED VEHICLE REMEDY............................................................................. 11 17. DELIVERY PROCEDURES............................................................................................. 12 18. INSPECTION AND ACCEPTANCE................................................................................. 13 19. EMERGENCY/EXPEDITED ORDERS............................................................................ 14 20. FREE ON BOARD (F.O.B.) DESTINATION.................................................................... 14 21. SHIPPED ORDERS......................................................................................................... 14 22. CONTRACT ADMINISTRATION..................................................................................... 14 23. RESTOCKING FEES....................................................................................................... 15 24. INVOICING...................................................................................................................... 16 25. PAYMENT....................................................................................................................... 16 26. CALIFORNIA SELLER'S PERMIT................................................................................... 17 27. WARRANTY.................................................................................................................... 17 28. REPAIR PARTS.............................................................................................................. 18 29. RECYCLED CONTENT................................................................................................... 18 30. SB/DVBE PARTICIPATION............................................................................................. 19 31. ATTACHMENTS..............................................................................................................19 ContracOjtq36WU-4-D & F-G Page ,�S _ 8 1/1 61M214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* 1. SCOPE The State's contracts provide Alternate Fuel Medium/Heavy Duty Vehicles at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-23-23-22 A — D & F. The Contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Alternate Fuel Medium/Heavy Duty Vehicles to the State. The contract terms are for two (2) years with an option to extend each contract for three (3) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between each Contractor and the State. If a mutual agreement cannot be met the contract(s) may be terminated at the end of the current contract term. 2. CONTRACT USAGE/RULES A. State Departments The use of these contracts is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. These contracts do not include ranking. State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. Prior to placing orders against any of these contracts, State departments must have been granted non -IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of these statewide contracts. State departments that have not been granted purchasing authority by DGS-PD for the use of the State's statewide contracts may contact DGS-PD's Purchasing Authority Management Section by e-mail at Dams dgs.ca.gov. Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against these contracts. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information. B. Local Governmental Agencies • Local governmental agency use of these contracts is optional. • Local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation", per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State ContracOjt936'&j4-D & F-G Page 28— 9 1 /16129214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* makes these contracts available to local governmental agencies, each local governmental agency should determine whether these contracts are consistent with its procurement policies and regulations. Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of any of the contracts. • A DGS issued billing code is not required for local governmental agencies to place orders against these contracts. C. Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize these contracts. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article. 3. DGS ADMINISTRATIVE FEES A. State Departments The DGS will bill each State department an administrative fee for use of these statewide contracts. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division). B. Local Governmental Agencies For all local government agency transactions issued against these contracts, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including all applicable discounts, and shall include no other add -on fees. 4. SB/DVBE OFF -RAMP PROVISION There is no SB/DVBE off ramp associated with these contracts. 5. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE Ordering agencies and/or Contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, ContracOjt936'&j4-D & F-G Page �8 — 10 1 /161211214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents). 6. CONTRACT ITEMS Contract vehicles and pricing are listed on Attachment A, Contract Pricing. Prices do not include Federal Excise Tax, the California Tire Fee, Documentation Fee, or HVIP rebate/discount. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted. Each line -item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded. Price Increases Price increases may be requested with each model year change and will be posted on a quarterly basis. Quarterly increases shall be processed on the following calendar days: • July 1st • October 1 st • January 1st • April 1 st Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor's vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved. Multiple Award Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item. There is no vehicle ranking associated with these contracts. Sales Tax The sales tax rate applied should be based on the rate of the "Bill To" address listed on the Purchase Order. Options All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer's current model year price list. Types of equipment changes which might be made include, but are not limited, to the following: Add trailer tow package ContracOjt936'&j4-D & F-G Page E8— 11 1 /16129214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* • Add Bluetooth • Add parking sensors • Delete pick up box (bed) • Running Boards • Window Tint • Bed Liner • Vehicle OEM Charging Equipment (third -party charging equipment is not acceptable) • Vehicle to Grid capable charging accessories (e.g., adaptors, cables, etc.) In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract. The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request. Third -party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non -mandatory. When applicable, third -party upfits shall be subject to the same pricing provisions as factory options. Please note, the intent of the upfit is to enhance the functionality of the vehicle (e.g., tag axle, flat bed, utility bed, etc..). The cost of the upfit should not exceed the cost of the vehicle. Note: Vehicles with added or deleted options MUST continue to meet the appropriate minimum specification. Tire Fee Purchase orders MUST include the State mandated $1.75 per tire fee. Document Processing Charge In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased. A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first -line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased. 7. SPECIFICATIONS All products must conform to the attached State of California Bid Specification Number 2320- 0211431 dated 04/13/2023 (Attachment B). ContracOjt936'&j4-D & F-G Page $ _ 12 1 /16129214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section). 8. CUSTOMER SERVICE The Contractors shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT. The customer service units shall be staffed with individuals that: Are trained in the requirements of the contract Have the authority to take administrative action to correct problems that may occur The Contractor's customer service unit shall respond to all customer inquiries within two (2) business days of initial contact. Dealer Contract # Contact Phone Email Los Angeles James 714-357- Truck Centers, 1-23-23-22A Blakely / / 909- jblakely(a�vvgtruck.com / LLC Ron 10- 510-4406 rcreighton(a)vvgtruck.com Creighton Riverview Jason 916-371- International 1-23-23-22B Farrell 3110 jasonf(aD- rive rview-trucks.com Trucks, LLC Sacramento 1-23-23-22C Dean 916-286- dneed ham(a-sacramentotruck.com Truck Center Needham 2000 TEC of 1-23-23-22D Ashley 510-577- aporter(aD-teceguipment.com California, Inc. Porter 5512 XOS Services 1-22-23-22F *Gunard *816-305- *_gunard.politeRXostrucks.com* Inc. Polite* 4450* Western Truck Parts & 1-22-23-22G Kirk 1-800-533- kirk.gulian(o)-dobbspeterbilt.com Equipment Gulian 4278 Company, LLC Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times. 9. PRODUCT SUBSTITUTIONS Under no circumstance are the Contractors permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS Contract Administrator (CA). ContracOjt936'&j4-D & F-G Page �8 — 13 1/16/292/45/2023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* 10. PURCHASE EXECUTION A. State Departments 1) Std. 65 Purchase Documents State departments not transacting in FISCAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site: https://www.dgsapps.dqs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms). All Purchasing Authority Purchase Orders (Std. 65) must contain the following: • Agency Order Number (Purchase Order Number) • Ordering Agency Name • Agency Billing Code • Purchasing Authority Number • Leveraged Procurement Number (Contract Number) • Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail) • Line Item number • Quantity • Unit of Measure • Commodity Code Number • Product Description • Unit Price • Extension Price • Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only) 2) FISCAL Purchase Documents State departments transacting in FISCAL will follow the FISCAL procurement and contracting procedures. 3) Blanket Orders The use of blanket orders against these statewide contracts are not allowed. B. Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only). ContracOjtq36'&j4-D & F-G Page $ — 14 1 /16/292/45/2023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* 11. MINIMUM ORDER The minimum order shall be one (1) vehicle. 12.ORDERING PROCEDURE A. Ordering Methods: Ordering agencies are to submit appropriate purchase documents directly to the Contractor(s) via one of the following ordering methods: • U.S. Mail • Email The Contractor's Order Placement Information is as follows: ORDER PLACEMENT INFORMATION U.S. Mail: Email: Contract # 2429 S. Peck Rd. rcreighton(o)_vvgtruck.com 1-23-23-22A Whittier, CA 90601 Attn: James Blakely Contract # U.S. Mail: Email: 1-23-23-22B 2445 Evergreen Ave. jasonf(a_riverview-trucks.com West Sacramento, CA 95691 Attn: Jason Farrell Contract # U.S. Mail: Email: dneed ham Q-sacramentotruck.com 1-23-23-22C 100 Opportunity Street Sacramento, CA 95838 Attn: Dean Needham Contract # U.S. Mail: Email: 1-23-23-22D 8099 South Coliseum aporter(o)_teceguipment.com Way Oakland, CA 94621 Attn: Ashley Porter Contract # U.S. Mail: Email: 1-23-23-22F 3550 Tyburn Street *punard.politeAxostrucks.com* Los Angeles, CA 90065 Attn: *Gunard Polite* Contract # U.S. Mail: Email: 1-23-23-22G 825 Stillwater Rd. kirk.gulian(a�_dobbspeterbilt.com West Sacramento, CA 95691 Attn: Kirk Gulian ContracOjtq36'&j4-D & F-G Page 18 _ 15 1/161213214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* When using any of the ordering methods specified above, all State departments must conform to proper State procedures. 13. ORDER ACCEPTANCE The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that: • Are incomplete; • Are submitted without OFAM approval stamp • Contain non -contract items; or • Contain non -contract terms and conditions. The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA. 14.ORDER ACKNOWLEDMENT The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include: • Ordering Agency Name • Agency Order Number (Purchase Order Number) • Description of Goods • Vehicle Model Year • Total Cost • Date order is placed with manufacturer • Anticipated Delivery Date • Delayed Production Notification (if applicable) • Discontinued Vehicle Notification (if applicable) Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date. 15. DELAYED PRODUCTION REMEDY Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options: Request back order; or Cancel the item from the order with no penalty 16. DISCONTINUED VEHICLE REMEDY Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options: Contrac jt936WL- 4-D & F-G Page 18 _ 16 1 /16/21214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* Amend purchase document to reflect State -approved replacement vehicle; or Cancel the item from the order Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval from the State Contracty Administrator. 17. DELIVERY PROCEDURES Pre -Delivery Checklist Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer's pre -delivery service center. A copy of the pre -delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle. Delivery: Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement. Orders requiring customized work by a 3rd party supplier may exceed the delivery period requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement. Deliveries are to be made statewide from the factory to the Contractor's place of business or a designated delivery location closest to the ordering agency. A designated or "courtesy" delivery location shall have the facilities to accommodate a pre -delivery service and inspection. Ordering agencies have the option to receive vehicles at the Contractor's designated business location or have it delivered to the location specified on the individual order. Appropriate delivery instructions shall be provided on the Purchase Order. Contractor shall contact the ordering agency if Purchase Order is submitted without specific delivery instructions. Caravan or drive -away method of delivery from the factory to a Contractor's designated business site is not acceptable unless agreed upon by the ordering agency. Unless pre -arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted. ContracOjt936WL-j?-?C4-D & F-G Page 1 g _ 17 1 /16121214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* **If driving the vehicle from an out-of-state factory is required and the odometer may exceed the five hundred (500) mile or less expectation, the Contractor shall notify the ordering Department at the time of purchase order execution. When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are 10:OOAM to 4:OOPM local time. Drop ship deliveries shall not be made without prior State inspection. PHEVs and HEVs shall be delivered with no less than five (5) gallons of fuel in the tank. ZEVs shall be delivered with no less than 80 percent battery charge. Documents The following documents shall be delivered to the receiving agency with the vehicle: • Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN) • "Line Set Tickets" or "Window (Monroney) Sticker" showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner's manual. 18. INSPECTION AND ACCEPTANCE Vehicles ordered for State use will be inspected by a State inspector at the Contractor's place of business or as otherwise agreed to by the Contractor and ordering agency. Inspection will commence within five (5) working days of notification that a vehicle is ready for inspection. Inspection will include: • Specification Compliance • Workmanship • Appearance • Proper Operation of all Equipment and Systems • Presence of all Applicable Documents In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments, or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re -inspected and accepted. Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty. Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency. ContracOjt936WL-j?-?C4-D & F-G Page 18 _ 18 1 /16121214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* Inspection by local agencies will be at the Contractor's place of business or as otherwise agreed to by the Contractor and local agency. 19. EMERGENCY/EXPEDITED ORDERS Not Applicable. 20. FREE ON BOARD (F.O.B.) DESTINATION Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice. State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations. 21. SHIPPED ORDERS All shipments shall be in accordance with the General Provisions, Article 12 entitled "Packing and Shipment". 22. CONTRACT ADMINISTRATION The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues. State Contact DGS/PD Contract Administrator Information Contact Name: I Frank Martin Telephone: 279 946-8035 Email: frank.martinC@dgs.ca.gov Address: DGS/Procurement Division Attn: Frank Martin 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 ContracOjt936WL-j?-?C4-D & F-G Page 18 _ 19 1/16121214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* Dealer Los Angeles Truck Centers, LLC Riverview International Trucks, LLC Contact Contract # 1-23-23-22A Contract # 1-23-23-22B Information Contact James Blakely / Ron Creighton Jason Farrell Name: Telephone: 714-657-0024 / 909-510-4406 916-371-3110 Email: 0blakely(a vvgtruck.com / iasonf ,riverview-trucks.com rcreighton@vvgtruck.com Address: Los Angeles Truck Centers, LLC Riverview International Trucks, LLC 2429 S. Peck Rd. 2445 Evergreen Ave. Whittier, CA 90601 West Sacramento, CA 95691 Dealer Sacramento Truck Center TEC of California, Inc. Contact Contract # 1-23-23-22C Contract # 1-23-23-22D Information Contact Dean Needham Ashley Porter Name: Telephone: 916-286-2000 510-577-5512 Email: dneed ham (a-).sacramentotruck.com aporter teceguipment.com Address: Sacramento Truck Center TEC of California, Inc. 100 Opportunity Street 8099 South Coliseum Way Sacramento, CA 95838 Oakland, CA 94621 Dealer XOS Services Inc. Western Truck Parts & Equipment Contact Contract # 1-22-23-20F Company, LLC Information Contract # 1-22-23-20G Contact *Gunard Polite* Kirk Gulian Name: Telephone: *816-305-4450* 1-800-533-4278 Email: * unard. olite ostrucks.com* kirk.gulian@dobbspeterbilt.com Address: XOS Services, Inc. Western Truck Parts & Equipment 3550 Tyburn Street 825 Stillwater Road Los Angeles, CA 90065 West Sacramento, CA 95691 23. RESTOCKING FEES Contractors may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: Contractors shall notify the ordering agency of the order placement per Section 14, Order Acknowledgment. Re -stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked. ContracOjt936WL-j?-?C4-D & F-G Page 19 _ 20 1/1 61M214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* 24. INVOICING Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information: • Contractor's name, address and telephone number • Leveraged Procurement Number (Contract Number) • Agency Order Number (Purchase Order Number) • Item and commodity code number • Quantity purchased • Contract price and extension • State sales and/or use tax • Prompt payment discounts/cash discounts, if applicable • Totals for each order 25. PAYMENT A. Terms Payment terms for Contracts 1-23-23-22A and 1-23-23-22B include a $500 per vehicle discount for payment made within twenty (20) days. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later. Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later. B. CAL -Card Use Use of the CAL -Card for payment of invoices is not allowed under these statewide contracts. C. Payee Data Record Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record. ContracOjt936'&j4-D & F-G Page 18 _ 21 1/161213214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* D. State Financial Marketplace The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State. 26. CALIFORNIA SELLER'S PERMIT The California seller permit number for the Contractors are listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2. Contractor Name Seller Permit # Los Angeles Truck Centers, 97-268711 LLC Riverview International 101079519 Trucks, LLC Sacramento Truck Center 97724353 TEC of California, Inc. 97032353 XOS Services Inc. 203754496 Western Truck Parts & 97589085 Equipment Co., LLC 27. WARRANTY The manufacturer and/or final stage manufacturer's or up -fitter's standard warranty shall apply to all vehicles purchased from the resulting contract(s). The Warranty term for these contracts shall meet or exceed the following: Bumper -To -Bumper warranty shall cover not less than three (3) years/36,000 miles, no charge for parts and labor. Power Train/Drive Unit warranty shall cover not less than five (5) years/60,000 miles, no charge for parts and labor. Battery pack warranty shall cover not less than five (5) years/100,000 miles, no charge for parts and labor. See Attachment A — Contract Pricing for line -item specific Bumper -to -Bumper warranty terms. ContracOjt936WL-j?-?C4-D & F-G Page 19 — 22 1/1 61M214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* If warranty includes prescribed preventative maintenance procedures, the preventative maintenance may be performed at a state facility by state personnel without voiding the warranty. Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered. The State reserves the right to use re -refined lubrication oils, where available, in lieu of virgin equivalent oils. The re -refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's standard warranty. The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer. Inoperable vehicles shall be towed, at the contractor's expense, to the nearest service repair facility due to a break down or malfunction and shall be included as part of the vehicle warranty. Contractors may offer extended warranties under their contract. 28. REPAIR PARTS The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay. A special system shall be set up for expediting the procurement of back -order items needed to repair an inoperative vehicle including a system to air freight parts at factory expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification. Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability. 29. RECYCLED CONTENT State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractors are attached (Attachment C). ContracOjt936'&j?iR-4-D & F-G Page 19 _ 23 1 /161211214512023* User Instructions STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION Contract (Mandatory) 1-23-23-22 A-D & F-G Contract User Instructions, *Supplement 5* 30. SB/DVBE PARTICIPATION There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract. 31. ATTACHMENTS Attachment A — Contract Pricing Supplement 4 Attachment B — Technical Specifications 2320-0211431 Attachment C — Postconsumer Content Certification Workbook Supplement 4 Attachment D — Vehicle Specifications/Standard Options — Coming Soon ContracOjtq36'&j4-D & F-G Page 18 — 24 1 /161213214512023* User Instructions Alternate Fuel Medium/Heavy Duty Vehicles Attachment A -Contract Pricing *Supplement 4* *Contract 1-23-23-22 (A-D&F-G)* discount per vehicle for payment within 20 days - (Only Contracts 1-23-23-22A&B) Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included Bumper To Bumper Dealer Contract Number Warranty Cargo Step Van, Cargo Volume 500 Cubic ft., ELECTRIC Fueled, 10,001 No Award 1 lb. GVWR 70 kWh 25101519 Each 1 Cargo Step Van, Cargo Volume 500 Cubic ft., ELECTRIC Fueled, 10,001 No Award 2 lb. GVWR 100 kWh 25101519 Each 1 Cargo Step Van, Cargo Volume 500 Cubic ft., , ELECTRIC Fueled, 10,001 No Award 3 lb. GVWR 120 kWh 25101519 Each 1 Cargo Step Van, Cargo Volume 500 Cubic ft., ELECTRIC Fueled, 14,001 FCCC MT50e $ 257,018.00 3 Yearsl36k Miles Sacramento Truck Center 1-23-23-22C 4 lb. GVWR 25101519 Each 1 Cargo Step Van, Cargo Volume 500 Cubic ft., ELECTRIC Fueled, 16,001 FCCC MT50e $ 224,643.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 5 lb. GVWR, 130 kWh 25101519 Each 1 Cargo Step Van, Cargo Volume 500 Cubic ft., ELECTRIC Fueled, 16,001 XOS SV $ 154,999.00 3 Years/Unlimited Miles XOS Services, Inc. 1-23-23-22F 5 lb. GVWR 130 kWh 25101520 Each 1 Cargo Step Van, Cargo Volume 800 Cubic ft., ELECTRIC Fueled, 19,501 FCCC MT50e $ 225,964.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 6 lb. GVWR 130 kWh 25101519 Each 1 Cargo Step Van, Cargo Volume 800 Cubic ft., ELECTRIC Fueled, 19,501 XOS SV $ 154,999.00 3 YearslUnlimited Miles XOS Services, Inc. 1-23-23-22F 6 lb. GVWR 130 kWh 25101520 Each 1 Cargo Panel Van, Cargo Volume 200 Cubic ft., ELECTRIC Fueled, 10,001 No Award 7 lb. GVWR 40 kWh 25101519 Each 1 Cargo Panel Van, Cargo Volume 200 Cubic ft., ELECTRIC Fueled, 10,001 No Award 8 lb. GVWR 80 kWh 25101519 Each 1 Cargo Panel Van, Cargo Volume 400 Cubic ft., ELECTRIC Fueled, 14,001 Rizon 16M $ 152,648.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 9 lb. GVWR 70 kWh 25101519 Each 1 Cargo Panel Van, Cargo Volume 400 Cubic ft., ELECTRIC Fueled, 14,001 No Award 10 lb. GVWR 100 kWh 25101519 Each 1 Cargo Panel Van, Cargo Volume 400 Cubic ft., ELECTRIC Fueled, 14,001 No Award 11 lb. GVWR 110 kWh 25101519 Each 1 Cargo Panel Van, Cargo Volume 400 Cubic ft., ELECTRIC Fueled, 14,001 Rizon 16L $ 160,874.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 12 lb. GVWR 120 kWh 25101519 Each 1 Cargo Panel Van Cab and Chassis, ELECTRIC Fueled, 16,001 Ib. GVWR, Rizon 18L $ 148,500.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 13 120 kWh 25101519 Each 1 City Council 8 — 25 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperToBumper Dealer Contract Number Warranty Cargo Panel Van Cab and Chassis, ELECTRIC Fueled, 160 in. WB, No Award 14 19,001 lb. GVWR 120 kWh 25101519 Each 1 Cargo Panel Van Cab and Chassis, ELECTRIC Fueled, 170 in. WB, No Award 15 19.001 lb. GVWR 120 kWh 25101519 Each 1 Cargo Panel Van Cab and Chassis, ELECTRIC Fueled, 190 in. WB, No Award 16 19,001 lb. GVWR 120 kWh 25101519 Each 1 Cargo Panel Van Cab and Chassis, ELECTRIC Fueled, 200 in. WB, No Award 17 19,001 lb. GVWR 120 kWh 25101519 Each 1 Passenger Van, ELECTRIC Fueled, 144 in. WB, 12 Passenger,10,001 No Award 18 Ib.GVWR 65 kWh 25101519 Each 1 Passenger Van, ELECTRIC Fueled,. 144 in. WB, 12 Passenger,10,001 lb. No Award 19 GVWR 120 kWh 25101519 Each 1 Passenger Van, ELECTRIC Fueled, 176 in. WB, 12 Passenger,14,001 lb. No Award 20 GVWR 80 kWh 25101519 Each 1 Passenger Van, ELECTRIC Fueled, 176 in. WB, 12 Passenger,14,001 lb. No Award 21 GVWR 120 kWh 25101519 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 22 10,001 Ib. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 23 10,001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 24 10.001 Ib. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 25 10,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 26 14,001 Ib. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 27 14.001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 28 14,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 29 14,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 30 16,001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 31 16,001 Ib. GVWR 80 kWh 25101619 Each 1 City Council 8 — 26 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperToBumper Dealer Contract Number Warranty Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 32 16,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 33 16.001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 34 19,501 Ito. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 35 19.501 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 36 19,501 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, Freightliner eM2 $ 284,432.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 37 19 501 lb. GVV WR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 38 26.001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 39 26,001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 40 26,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, Freightliner eM2 $ 334,893.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 41 26.001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 42 33,001 Ib. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 43 33,001 lb. GVWR 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, Cutaway, 4X2, ELECTRIC Fueled, No Award 44 33.001 Ib. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, Cutaway, 4X2, ELECTRIC Fueled, No Award 45 33,001 lb. GVWR 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 10,001 lb. GVWR No Award 46 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 10,001 lb. GVWR No Award 47 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 10,001 lb. GVWR No Award 48 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 10,001 lb. GVWR No Award 49 120 kWh 25101619 Each 1 City Council 8 — 27 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperBumper De ale Contract Number Warrantyy ruc , a asses, Cab Over, ELECTRIC Fueled, 14,001 lb. GVWR Rizon e16M $ 139,787.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 50 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 14,001 lb. GVWR No Award 51 80 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 14,001 lb. GVWR No Award 52 100 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 14,001 lb. GVWR No Award 53 100 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 14,001 lb. GVWR Rlzon e16L $ 148,013.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 54 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 14,001 lb. GVWR No Award 55 120 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 14,001 lb. GVWR No Award 56 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 14,001 lb. GVWR No Award 57 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 14,001 lb. GVWR No Award 58 150 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 14,001 lb. GVWR No Award 59 150 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 16,001 lb. GVWR No Award 60 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 16,001 lb. GVWR No Award 61 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 16,001 lb. GVWR No Award 62 140 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab ELECTRIC Fueled, 16,001 lb. GVWR No Award 63 140 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 19,501 lb. GVWR No Award 64 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 19,501 lb. GVWR No Award 65 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 19,501 lb. GVWR No Award 66 1240 kWh 25101619 Each 1 Cab & Chassis, Traditional Cab, �Truck, ELECTRIC Fueled, 19,501 lb. GVWR Freightliner eM2 $ 341,980.00 3 Years1150k Miles Sacramento Truck Center 1-23-23-22C 67 240 kWh 25101619 Each 1 City Council 8 — 28 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperToBumper Dealer Contract Number Warranty Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 19,501 lb. GVWR No Award 68 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 19,501 lb. GVWR No Award 69 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over ELECTRIC Fueled, 23,000 lb. GVWR No Award 70 150 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 23,000lb. GVWR Freightliner eM2 $ 296,201.00 3 Years1150k Miles Sacramento Truck Center 1-23-23-22C 71 150 kWh* 25101619 Each 1 Truck, Cab & Chassis, Cab Over ELECTRIC Fueled, 23,000lb. GVWR Battle Motors LNT $ 385,130.00 3 Years736k Miles Western Truck Parts & Euipment Co., LLC 1.23.23.22G* *72 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over ELECTRIC Fueled, 23,000lb. GVWR Peterbilt 220 $ 386,896.00 3 Years1300k Miles Western Truck Parts & Euipment Co., LLC 1-23-23-22G* *72 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 23,000lb. GVWR International eMV $ 339,945.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 73 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over ELECTRIC Fueled, 23,000lb. GVWR Peterbilf 220 $ 427,192.00 3 Years1300k Miles Western Truck Parts & Euipment Co., LLC 1.23.23.22G* *74 250 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 23,000lb. GVWR Freightliner eM2 $ 341,980.00 3 Years1150k Miles Sacramento Truck Center 1-23-23-22C 75 250 kWh* 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 76 GVWR 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 77 GVWR 130 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 78 GVWR 240 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 79 GVWR 240 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 80 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 81 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 82 GVWR 350 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 26,001 lb. No Award 83 GVWR 350 kWh 25101619 Each 1 Truck, Cab & Chassis,Traditional Cab, ELECTRIC Fueled, 4X2, 30,000lb. Freightliner eM2 $ 296,201.00 3 Years1150k Miles Sacramento Truck Center 1-23-23-22C 84 GVWR 150 kWh 25101619 Each 1 City Council 8 — 29 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperBumper Dealer Contract Number Warranty Warranty Truck, Cab & Chassis,Cab Over, ELECTRIC Fueled, 4X2, 30,000lb. No Award 35 GVWR 150 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 30,000lb. International eMV $ 339,945.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 86 GVWR 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 30,000lb. Peterbilt 220 $ 386,896.00 3 Years1300k Miles Western Truck Parts & Euipment Co., LLC 1-23.23.22G* *87 GVWR 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 30,000lb. Freightliner eM2 $ 324,300.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 88 GVWR 250 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 30,000lb. Peterbilt 220 $ 427,192.00 3 Years1300k Miles Western Truck Parts & Euipment Co., LLC 1-23.23.22G* *89 GVWR 250 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 30,000lb. No Award 90 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 30,000lb. Battle Motors LNT $ 464,451.00 3 Years136k Miles Western Truck Parts & Euipment Co., LLC 1-23.23.22G* *91 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 33,001 lb. Battle Motors LINT $ 381,784.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 92 GVWR 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 33,001 lb. No Award 93 GVWR 200 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 33,001 lb. Battle Motors LET $ 422,132.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 94 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 33,001 lb. Volvo VNRE42300 $ 353,441.76 5 Years1300k Miles TEC of California, Inc. 1-23-23-22D 95 GVWR 300 kWh 25101619 Each 1 Truck, Cab & Chassis, Cab Over, ELECTRIC Fueled, 4X2, 33,001 lb. No Award 96 GVWR 400 kWh 25101619 Each 1 Truck, Cab & Chassis, Traditional Cab, ELECTRIC Fueled, 4X2, 33,001 lb. No Award 97 GVWR 400 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000lb. GCWR International eRH $ 483,090.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 98 350 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000lb. GCWR Volvo VNRE64T300 $ 385,487.10 5 Years1300k Miles TEC of California, Inc. 1-23-23-22D 98 350 kWh 25101620 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000lb. GCWR Freightliner eCascadia $ 432,104.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 99 400 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000lb. GCWR International eRH $ 549,750.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 101 450 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000lb. GCWR International eRH $ 625,555.00 3 Years/Unlimited Miles Riverview International Trucks, LLC 1-23-23-22B 102 500 kWh 25101619 Each 1 City Council 8 — 30 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperBumper Dealer Contract Number Warrantyy Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000 lb. GCWR Volvo VNRE64T300 431,187.16 Fs 5 Years1300k Miles TEC of California, Inc. 1-23-23-22D 102 500 kWh 25101620 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 105,000 lb. GCWR No Award 103 650 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab , ELECTRIC Fueled, 75,000 lb. GCWR No Award 104 750 kWh 25101619 Each 1 Truck, Tractor, 6X4, Traditional Cab, FUEL CELL Fueled, 80,000lb. GCWR No Award 105 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 106 350 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 107 350 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 108 400 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 105,000 lb. GCWR No Award 109 400 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 110 450 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 111 500 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 105,000 lb. GCWR No Award 112 650 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 75,000 lb. GCWR No Award 113 750 kWh 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, FUEL CELL Fueled, 80,000 lb. GCWR No Award 114 25101619 Each 1 Truck, Tractor, 6X4, Cab Over, ELECTRIC Fueled, 850 kWh No Award 115 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, FUEL CELL Fueled, 33,001 lb. No Award 116 GVWR 25101619 Each 1 Truck, Cab and Chassis, 6KConvental Cab, FUEL CELL No Award 117 Fueled 33001lb.GVWR 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 55000 lb. Battle Motors LET $ 430,987.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 118 GVWR 250 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. No Award 120 GVWR 220 kWh 25101619 Each 1 City Council 8 — 31 1/16/2024 Contact Line Item # Description UNSPSC Code Unit of Measure Quantity in Unit of (CLIN) (UOM) Measure Make Model Vehicle Contract Unit Price Included BumperTo Bumper Dealer Contract Number WarrantyWarranty Truck, Cab and Chassis, Conventional Cab, ELECTRIC Fueled, 33,001 lb. No Award 121 GVWR 220 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. No Award 122 GVWR 250 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Conventional Cab, ELECTRIC Fueled, Freightliner eCascadia $ 366,636.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 123 33,001 lb. GVWR 250 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. No Award 124 GVWR 300 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Conventional Cab, ELECTRIC Fueled, No Award 125 33,001 lb. GVWR 300 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. Mack LRE64 $ 429,647.00 5 Years1250k Miles TEC of California, Inc. 1-23-23-22D 126 GVWR 350 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Conventional Cab, ELECTRIC Fueled, Volvo VNRE64300 $ 376,069.44 5 Years1300k Miles TEC of California, Inc. 1-23-23-22D 127 33.001 lb. GVWR 350 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. No Award 126 GVWR 400 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Conventional Cab, ELECTRIC Fueled, Freightliner eCascadia $ 439,604.00 3 Yearsl36k Miles Los Angeles Truck Centers, LLC 1-23-23-22A 129 33,001 lb. GVWR 400 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Cab Over, ELECTRIC Fueled, 33,001 lb. No Award 130 IGVWR 450 kWh 25101619 Each 1 Truck, Cab and Chassis, 6x4, Conventional Cab, ELECTRIC Fueled, No Award 131 33,001 Ito. GVWR 450 kWh 125101619 Each 1 The following items are applicable for options only. Contact Line Item # Description Model (CLIN) Measure SKU #/Item # Manufacturer Part Contract Unit Price AL Number nla Additional Options, (cost plus) various nla nla various various Dealer Cost up to+ 10 % nla Removal of Options, (cost minus) various nla nla various various Dealer Cost up to + 10 % End of Sheet -10 City Council 8 — 32 1/16/2024 Public Works Agency www.santa-ana.org/public-works Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Traffic Counting Services AGENDA TITLE Approve an Appropriation Adjustment and Increase the Agreement Amount by $100,000 for Existing Agreements with AimTD, LLC and Transportation Studies, Inc. for a New Aggregate Amount Not to Exceed $240,000 (Project Nos. 21-6897, 22-6897, 23- 6897, 24-6897) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute second amendments to agreements for traffic counting services with AimTD, LLC and Transportation Studies, Inc., to increase the agreement aggregate amount by an additional $100,000, for a total agreement aggregate amount of $240,000 from June 30, 2024 to June 30, 2025 (Agreement No. A- 2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City performs studies for neighborhood traffic safety on an on -going basis, and staff requires current traffic counts and field data in order to recommend improvements that will lead to positive benefits to our community. Therefore, staff needs access to specialized traffic counting services to conduct counts for neighborhood studies, the bi- annual citywide traffic volume study, pedestrian and bicycle counts, and the annual traffic signal and left -turn signal priority studies. The scope of services for this agreement also includes data collection and speed surveys in support of speed hump requests. On July 20, 2021, the City Council approved professional services agreements for the traffic counting services. Two consultants, AimTD, LLC. and Transportation Studies, Inc., were approved for delivering these traffic counting services. Subsequently, on May 3, 2022, City Council authorized an additional $40,000 to be added to the agreement. The approvals, so far, have allocated a total of $140,000 for use in Fiscal Years 2022- 2023 and 2023-24. Due to the large number of traffic counts that have been conducted to comply with Citywide bi-annual traffic volume counts, various grant traffic count requirements, as well as the citywide neighborhood traffic studies, the current fund expenditure limit of $140,000 for Fiscal Year 2022-23 has been met. In order to City Council 9-1 1/16/2024 Traffic Counting Services January 16, 2024 Page 2 continue to address neighborhood traffic safety related concerns and to allow for additional counts needed for grants, an increase in the expenditure limit is needed for the current Fiscal Year 2022-23 and future Fiscal Year 2023-24. Additionally, the City Council approved these agreements to allow the City Manager and City Attorney to extend the term of the agreement for up to two one-year periods as needed. Staff recommends amending the Fiscal Year 2023-24 Traffic Counting Services expenditure amount limit by an additional $100,000 for a new total aggregate amount of $240,000 for the remaining Fiscal Year 2023-2024 and future Fiscal Year 2024-2025. Staff also recommends the City Manager and City Attorney to extend the term of the agreements by one year with a new termination date of June 30, 2025 (Exhibits 1 and 2). FISCAL IMPACT The following table summarizes the funds budgeted and available in current FY 2023-24 for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carry-overs to FY 2024-25. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account No. Description Original Contract 2023-24 03217662-66220 Measure M Measure M2 Local $90,000 (21-6897) Street Fairshare, Construction Improvements Other Than Building 2023-24 03217662-66220 Measure M Measure M2 Local $50,000 (22-6897) Street Fairshare, Construction Improvements Other Than Building Amended Contract 2023-24 03217662-66220 Measure M Measure M2 Local $50,000 (23-6897) Street Fairshare, Construction Improvements Other Than Building 2023-24 03217662-66220 Measure M Measure M2 Local $50,000 (24-6897) Street Fairshare, Construction Improvements Other Than Building City Council 9-2 1/16/2024 Traffic Counting Services January 16, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account No. Description TOTAL: $240,000 EXHIBIT(S) 1. Agreement Amendment — AimTD, LLC. 2. Agreement Amendment —Transportation Studies, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 9-3 1/16/2024 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT WITH AIMTD, LLC, FOR ON -CALL TRAFFIC COUNTING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2024, by and between AimTD, LLC, a California limited liability company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-136-02 ("Agreement") dated July 20, 2021, to retain Consultant to provide traffic counting services. Consultant was one of the selected vendors to provide services and compensation is based on an aggregate amount available to the selected Consultants for services provided on an on -call basis. The Agreement is current and in -effect through June 30, 2024. B. On May 3, 2022, the parties entered into a First Amendment to the Agreement (#A-2022- 066-01) to increase the overall compensation available to the selected Consultants. C. The parties now wish to further amend the Agreement to increase overall not -to -exceed for the aggregate compensation amount and exercise their first option to extend the term of the Agreement The Parties therefore agree: 1. Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $140,000 to $240,000. 2. Section 3, Term, is hereby amended to extend the term of the Agreement until June 30, 2025. The parties agree that they are exercising their first option to extend the term of the Agreement. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Thomas R. Hatch City Clerk Interim City Manager [signatures continued on next page) Page 1 of 2 City Council 9-4 1/16/2024 APPROVED AS TO FORM AIMTD, LLC. SONIA R. CARVALHO City Attorney By. Brarkt6frSalvatierra Olga P 1 nin Deputy City Attorney Presid6nt and CEO RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency Page 2 of 2 City Council 9-5 1/16/2024 EXHIBIT 2 SECOND AMENDMENT TO AGREEMENT WITH TRANSPORTATION STUDIES, INC., FOR ON -CALL TRAFFIC COUNTING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2024, by and between Transportation Studies, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RFCTTAT.S A. The parties entered into Agreement No. A-2021-136-01 ("Agreement") dated July 20, 2021, to retain Consultant to provide traffic counting services. Consultant was one of the selected vendors to provide services and compensation is based on an aggregate amount available to the selected Consultants for services provided on an on -call basis. The Agreement is current and in -effect through June 30, 2024. B. On May 3, 2022, the parties entered into a First Amendment to the Agreement (#A-2022- 066-02) to increase the overall compensation available to the selected Consultants. C. The parties now wish to further amend the Agreement to increase overall not -to -exceed amount for the aggregate compensation and exercise their first option to extend the term of the Agreement. The Parties therefore agree: Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $140,000 to $240,000. 2. Section 3, Term, is hereby amended to extend the term of the Agreement until June 30, 2025. The parties agree that they are exercising their first option to extend the term of the Agreement. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Jennifer L. Hall Thomas R. Hatch City Clerk Interim City Manager [signatures continued on next page/ Page 1 of 2 City Council 9-6 1/16/2024 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By. -- Bran alvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency TRANSPORTATION STUDIES, INC. Patti A. Talton President and CEO Page 2 of 2 City Council 9-7 1/16/2024 Public Works Agency www.santa-ana.org/public-works Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) AGENDA TITLE Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $691,335 for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) with an Estimated Project Delivery Cost of $864,168 (Project No. 23-6999) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $864,168 of funding in Transportation System Impact Authority (TSIA) Area A and Capital Outlay Fund Parks Improvement funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) . 2. Approve an appropriation adjustment to recognize Transportation System Impact Authority Area A funds in an amount of $839,168 in the Prior Year Carry Forward revenue account, and appropriate the same amount to the Transportation System Impact Authority Area A, Improvements Other than Buildings expenditure account. (Requires five affirmative votes) 3. Authorize budget reallocation of $25,000 in unspent Capital Outlay Fund Parks Improvement account from the Maintenance & Repair Buildings & Ground (No. 24- 2600) Project to construction funds for the Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) (No. 23-6999) to complete the project funding requirement 4. Award a construction contract to Baker Electric & Renewables LLC., the lowest responsive bidder, in accordance with the base bid in the amount of $691,335, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of new Traffic Signal Installation at Chestnut Avenue and Zoo Lane (formerly Elk Lane) Project, for the term beginning December 19, 2023 and ending upon project completion. City Council 10 — 1 1/16/2024 New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024 Page 2 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $864,168, which includes $691,335 for the construction contract, $103,700 for contract administration, inspection, and testing; and a $69,133 project contingency for unanticipated or unforeseen work. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2020-96 was filed for the project 23-6999. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION A 2017 traffic impact analysis conducted for the development project at 1660 East First Street Elks Apartments indicated that a traffic signal is warranted at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). Under the Mitigation Fee Act, the developer made a one-time payment to the City for their fair share of the cost to provide the necessary improvements. These funds were deposited in the Traffic System Impact Authority (TSIA) Area A revenue account and will be used to construct a new traffic signal at the intersection of Chestnut Avenue and Zoo Lane (formerly Elk Lane). The scope of work includes installation of traffic signal poles, conduit, wiring, video detection system, emergency vehicle preemption system, and a decorative Santa Ana Zoo themed crosswalk. Funding from Parks & Recreation Maintenance and Repair funds will be used to partially fund the Santa Ana Zoo themed crosswalk. The project will also install new traffic signal fiber optic communication on Chestnut Avenue between Zoo Lane (formerly Elk Lane) and Grand Avenue, with improvements on Chestnut Avenue at Lyon Street and Grand Avenue (Exhibit 1). The purpose of the project is to improve traffic flow, safety, and accessibility for motorists, pedestrians, and bicyclists that utilize this corridor. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of six bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 30, 2023 and September 6, 2023. The project was also advertised on PlanetBids on September 9, 2023, and September 20, 2023.Bids were received electronically via PlanetBids on September 20, 2023. No bid protest was submitted by any of the bidders during the bid protest period. City Council 10 — 2 1/16/2024 New Traffic Signal January 16, 2024 Page 3 Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) Bid Results Summary Rank Bidder's Name Location Base Bid 1 Baker Electric &Renewables Escondido, CA $691,335 2 Elecnor Belco Electric, Inc. Chino, CA $697,588 3 International Line Builders, Inc. Corona, CA $725,017 4 Select Electric, Inc. Vista, CA $749,079 5 DBX, Inc. Temecula, CA $749,200 6 Comet Electric, Inc Chatsworth, CA $802,868 A total of 6 bids were received and all were deemed responsive. Baker Electric and Renewable, Inc. submitted the lowest responsive base bid in the amount of $691,335 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Baker Electric & Renewables LLC in the amount of the base bid totaling $691,335 (Exhibit 3). Baker Electric & Renewables LLC has worked satisfactorily on various projects for the City of Santa Ana throughout the last several years. The most recent project is the Street Light Poles Replacement Project FY 2022-23. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $864,168. Project Item Total Construction Contract Bid Amount $ 691,335 Construction Administration, Inspection, Testing $ 103,700 Project Contingencies $ 69,133 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 864,168 City Council 10 — 3 1/16/2024 New Traffic Signal Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) January 16, 2024 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-96 was filed for the project 23-6999. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize TSIA Area A funds in the amount of $839,168 in the Prior Year Carry Forward revenue account (No. 99117002-50001) and appropriate the same amount to the TSIA Area A, Improvements Other than Buildings expenditure account (No. 99117950-66220). Approval of the request to reallocate funds will provide funding in the amount of $25,000 in unspent Capital Outlay Fund Parks Improvement funds from the Maintenance & Repair Buildings & Ground Project (No. 24-2600). Project No. 23-6999 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $864,168, which includes construction, contract administration, inspection and testing, and authorized contingencies of $103,700. All funds are available for expenditure in Fiscal Year 2023- 24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: Accounting Fiscal Unit - Account Fund Accounting Unit, Amount Year No. Description Account No. Description (Project No.) APPROPRIATION ADJUSTMENT Transportation Transportation System 2023- 99117950- 66220 System Improvements Improvements Authority $g39,168 24 (23-6999) Authority Area Area A, Improvements A Other Than Buildings ADDITIONAL BUDGET/BUDGET REALLOCATION 05113263- Park Improvements, 2023- 62320 (From 24- Capital Outlay Maintenance &Repair $25,000 24 2600 to 23- Fund Buildings &Ground 6999) City Council 10 — 4 1/16/2024 New Traffic Signal January 16, 2024 Page 5 Installation at Chestnut Avenue and Zoo Lane (Formerly Elk Lane) Accounting Fiscal Unit - Account Fund Accounting Unit, Amount Year No. Description Account No. Description (Project No.) Additional Budget/Budget Reallocation Total $839,168 Total $864,168 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 10 — 5 1/16/2024 Exhibit 1 SANTA ANA Project No. 23-6999: uajTraffic Signal Installation at Chestnut Avenue and PUBLIC WORKS AGENCY E I k Lane City Council 10 — 6 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Baker Electric & Renewables LLC REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Traffic Signal Installation at Chestnut Ave and Elk Ln I LS $ $ 2 Install Video Detection System 1 LS $ $ 3 Install GTT Opticom GPS EVP System 1 LS $ $ 4 Install 2" PVC per plan 50 LF $ $ 5 Install 3" PVC per plan * 2350 LF $ $ 6 Install 4" PVC per plan 350 LF $ $ 7 No. 6 Pull Box 12 EA $ $ 8 No. 6E Pull Box 5 EA $ $ 9 SCE Pull Box I EA $ $ 10 144 Strand SMFO * 2800 LF $ $ 11 12 Strand SWO 150 LF $ $ 12 Install IP Communication System at Chestnut Ave & Elk Ln 1 LS $ $ 13 Install IP Communication System at Chestnut Ave & Lyon St 1 LS $ $ City Council P-1 Of P- — 7 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE Item Description Qty Unit Unit Price Amount 14 Install IP Communication System at Chestnut Ave & Grand Ave 1 LS $ $ 15 Pothole Pole Location for Utility Conflicts 5 EA $ $ 16 Pothole Utilities Not Shown on Plan 5 EA $ $ 17 Signing and Striping 1 LS $ $ 18 Decorative Crosswalk 1 LS $ $ 19 PCC Curb Ramp * 80 SF $ $ 20 PCC Sidewalk (4") * 40 SF $ $ 21 Construction Permit l LS $6,000 $6,000 City Council P-2 of P- — 8 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE TOTAL BASE BID $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,500 per calendar day. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Ted Baker Title CEO -President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-3 of - — 9 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Ted Baker Title CEO -President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council - of - — 10 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Baker Electric & Renewables LLC Business Address: 1298 Pacific Oaks Place Escondido CA 9202 Business E-Mail Address: oecheverri agbaker-electric.com Telephone: 760,445.7411 State Contractor's License No. and Class: 161756 License Expiration Date: 05/31/24 State Dept. of Industrial Relations (DIR) Registration No.: 1000000466 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: Ted Baker CEO -President 06/30/24 City Council -_-) 0 - -11 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Baker Electric & Renewables LLC Signature of BIDDER Title CEO -President (if an individual, so state) Ted Baker City Council P-6 o P-i6 — 12 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS-. CITY OF SANTA ANA ) Ted Baker being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ❑ CORPORATION That he is of: Baker Electric & Renewables LLC a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this �,-12 temher day of 19 2023 Signature of officer Administering Oath (Notary Public) City Council P-7 of P-10 — 13 1/16/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature *my JESSICA GETCHEL Notary Public • California San Diego County Commission 9 2318319 Comm. Expires Jan 9, 2024 (Seal) City Council 10 — 14 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE KNOW ALL PRESENT that, Baker Electric & Renewables LLC as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY. in the penal sum of Ten Percent of Amount Bid Dollars (S 10% ). which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project. for the payment of which sum. BIDDER and SURETY agree to be bound, jointly and severally. firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project. if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles. hands, and seal this 15th day of September , 2023 . BIDDER* Baker Electric & Renewables LLC 1298 Pacific Oaks Place, Escondido, CA 92029 (760) 745-2001 Title: Ted N. Baker, President SURETY* Fidelity and Deposit Company of Maryland By: Title: F. McMahon, 777 S. Rgueroa Street, Ste 3900, Los Angeles, CA 90017, (213) 270-0600 Attorney in -Fact Lawrence F. McMahon, 701 B Street, 6th Floor, San Diego, CA 92101, (619) 238-1828 Subscribed and sworn to before me this 20 Signature: Notary Public in and for the County of State of day of * Provide BIDDER/ SURETY name. address. and telephone number and the name, title. address. and telephone number of authorized representative. Please See Attached California All -Purpose Acknowledgment for Surety P-8 of P-18 City Council 10 — 15 1/16/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign (Seal) JESSICA GET CHEL Notary public - California San Diego County Commititssion T 23783]9 My Comm. Expires Jan 9, 2024 r City Council 10 — 16 1/16/2024 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 s.crcx,�.crtirc:ctircrc�,ccc,�:rcfs-c�r�r.�csrcrcc::rcccrcccc:ccccr,�rcccczccc,ccc_r.�rAxcc:�c.cc�c�.c.�.c��r, A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On SEP 15 2023 before me, Sarah Myers, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SASAH MYERS Notary Public • California San OiNn County CGmmisSic,r. ;1 23 i i 32 MY Comm. Dpires Rev 30. 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a official seal. Signature Sn)tbre of tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual [K Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: Signer's Name: O Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: C2015 National Notary Association • www.Nabona]Notary.org - 1-800-US NOTARY (1-800-876-6827) Item lt5907 City Council 10 — 17 1/16/2024 ZI'RICH AMERICAN INSITRANC'E COMPANY COLONIAL AMERICAN CASUALTV AND SURE"' COMPANY FIDELITY AND DEPOSIT COMPANY OF MARVLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the %URIC[ I AMERICAN INSURANCE COMPANY, a corporation of the State of New York. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. a corporation of the State of Illinois, and the FIDELITY ANT) DEPOSIT COMPANY 01' MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert 1). Murray, Vice President. in pursuance of authority granted by Article V. Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and arc hereby certified to be in full fierce and effect on the date hereof: do hereby nominate, constitute. and appoint Lawrence F. MCMAIION. Sarah MYERS, Maria GUISE, Ryan E. WARNOCK, Janice MARTIN, Tara BACON, John R. QUALIN, Maria HALLMARK of San Diego, California EACH, its true and lawful agent and Attorney -in -Fact. to make, execute, seal and deliver, f'or, and on its behalf as surely, and as its act and dead: any and all bonds and undertakings, and the execution ol'such bonds or undertakings in pursuant of these presents. shall be as binding upon said Companies. as fully and amply, to all intent%and purposes, as it' they had hccn duly executed and acknowledged by die regularly elected oRiccrs of the LURICTI AMERICAN INSURANCE COMPANY at its ollicc in New York, New York.. the regularly elected officers orthe COLONIAL AMERICAN CASUALTY ANT) SURETY COMPANY at its office in Owings Mills. Maryland- and the regularly elected officers of (lie FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the cxtntet set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies. and is now in force. IN U'ITNIiSS WI1FRL'OI', the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN 1NSi'RANCF. COMPANY, COLONAAI. AMERICAN CASUALTY AND SI'RETI' COIIPANl'. and FIDELITY AND DEPOSIT COMPANY OF MARVL4ND, this 121 day of July, A.D. 2021. OM ATTEST: ZURICH AMERICAN INSI'RANC•E COMPANY' COLONIAL. AMERICAN CASUALTY AND St VF.TY C0%lPANI• FIDELITY AND DFPOSIT COMPANYOF MARYIAND Br: Robert U. ,tllrrrcn flee President lit•: 1)nu•�r C•. lJrow•n 5ec•Prlcrrt• State of Maryland County of HAIdmorc On this 12th day of July. A.D. 2t12I. before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified. Robert D. Murray. Vice President and Dawn E. Brown, Secretary ofthe Companies, to me personally known to be the individuals and oliiccrs de:scnbed in and who cxLLuted the prt ceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid• and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly aQixcd and subscribed to the said instrument by the authority and direction of the said Corporations IN'TI STIMONY WI IE'REt )F. I have hereunto set my hand and affixed my Official Seal the day and year first aNi%c written Constance A Dunn. Nolan Public Kfy Commission Expires July 9, 2023 Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 4 10-559-8790 City Council 10 — 18 1/16/2024 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Aturrrcys-in-Fact. The Chicf Iixccutive Officer. the President. or anv Executive Vice ['resident or Vice President may. by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies. recognwanLes. stipulations, undertakings. or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certif}' that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that Article V. Section 8. of the By Laws of the Companies is still in force:. This Power of Attomcy and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCF. COMPANY at a meeting duty called and held on the 15th day of December 1998. RESOLVE,D: "That the signature of the President or a Vice: ]'resident and the attesting signature of a Secretary or an Assistant Secretan and the Scat of the Company may Ix affixed by facsimile on any Power of Auorncy...Any such Power or any certificate thercorbearing such facsimile signature and seal shall ere: valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 51h day of May. 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice: -President. Secretary. or Assistant Sccrctan of the ComNny. whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY NVT IERFOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 15th day of September . 2023 . ao oeiof�� �� � tt+r `+ teller ere v� By: Brian M. I lodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 wn�w.reportsfelaims(q)zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 410.559-8790 City Council 10 — 19 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid subcontractors Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ City Council P-9 ofP-16 — 20 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Moreno Valley Ranch ITS & Pigeon Pass Road ITS City of Moreno Valley Name and Address of Owner. John Kerenyi (951) 413-3140 Name and Telephone Number of person familiar with project. $541,819.39 In tallatimfiberopticable vlicing conduit, replacmuntofoal}icsignal wnuoilen,and OS/2021 imulLtimof—tauxtiafi—fttcmi Contract Amount Type of Work Date Completed 2. LA Traffic Signal Svnc. Phase 2 Segment 2 City of Los Angeles Name and Address of owner. Craig Wessels (213) 725-1005 Name and Telephone Number of person familiar with project. $8,991,001 Upgrade traffic signal equipment 05/2022 Contract Amount Type of Work Date Completed 3. Citvwide Traffic Signal Improvements Proiect. HSIP Cvcle 9 City of Placentia Name and Address of owner. Earl Fraser (909) 595-8599 Name and Telephone Number of person familiar with project. $1 283 450 Traffic signal improvements, video detection, larger signal heads, 09/2022 f pedestrian push buttons Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Zurich American Insurance Company 1400 American Ln, Schaumburg, IL 60196 Maria Hallmark (619) 849-3833 City Council P-10 of PlW— 21 1 /16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. Multi Neighborhood Street Light LED Retrofit Project Phase 2 201 North Broadway, Escondido, California 92025 Name and Address of Owner. Kevin Brickley (760) 855-6129 Name and Telephone Number of person familiar with project. $304 698.34 R°"''°r" LED =di&&nfayH "f" &rrp�`°`with OS/2021 7 9aiad LED evodig tR nfhy fixw=at—i—loc ti Contract Amount Type of Work Date Completed 2 Culver Dr/Bonita Cyn Dr/Ford Rd Regional Traffic Signal Synchronization Program Project (RTSSP) 1 Civic Center Plaza, Irvine, CA 92606 City of Irvine Name and Address of owner. Felix Velasco (949) 724-7545 Name and Telephone Number of person familiar with project. $669,745 Traffic signal modifications Contract Amount Type of Work 12/2021 Date Completed 3. San Marcos Citywide ADA Infrastructure Improvements -1 Civic Center Drive, San Marcos, CA 92069 Name and Address of owner. Jason Linsdau (760) 802-7218 Name and Telephone Number of person familiar with project. $773,303 Contract Amount Public Illumination improvements Type of Work 09/2021 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Zurich American Insurance Company 1400 American Ln, Schaumburg, IL 60196 Maria Hallmark (619) 849-3833 City Council P-11 ofP1W_ 22 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE 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 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 above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Escondido Subscribed and sworn to (or affirmed) before me on this September day of 19 , 2023, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City Council P-I" of Pld— 23 1/16/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 9/19/2023 before me, Jessica Getchel, Notary Public (insert name and title of the officer) personally appeared Ted N Baker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �• JES51CA GETCHEL Notary Public - California San Diego County WITNESS my hand and official seal. Z ;'A Commission k 2318319 My Comm. Expires Jan 9, 2024 Signature (Seal) City Council 10 — 24 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction 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. City Council P-13 of P116 _ 25 1 /16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.. 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC ' Date: 09.19.23 City Council 1'-14 o E'-IIS— 26 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. EmpIoy the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC Date: 09.19.23 City Council P-15 o1 11116— 27 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Ted Baker / / �� _ ---- Title:CFO-President Firm: Baker Electric & Renewables LLC Date: 09.19.23 City Council P-16 OfP-116_ 28 1/16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. City Council P-17 of Pll� _ 29 1 /16/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: https://www.santa-ana.org/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Ted Baker Title: CEO -President Firm: Baker Electric & Renewables LLC Date: 09.19.23 City Council P-18 of P116 — 30 1 /16/2024 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 23-6999 TRAFFIC SIGNAL INSTALLATION AT CHESTNUT AVENUE AND ELK LANE This CONSTRUCTION CONTRACT is made and entered into this 16"' day of January, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Baker Electric & Renewables LLC (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the NE Annexation Water & Sewer Main Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications f'or Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Ninety One Thousand Three Hundred Thirty Four Dollars and Ninety Six Cents ($691,334.96), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any rev. 081009k Council 10 — 31 PaAM1662024 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.ora/pwa/docLunents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; City Council 10 — 32 PaAM31 024 (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �� M;J;i� JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency THOMAS HATCH Interim City Manager CONTRACTOR: Baker Electric & Renewables LLC AME: Ted N. Baker TITLE: President City Council 10 — 33 P*T662024 Exhibit 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 23-6999: Traffic Signal Installation at Chestnut Avenue and Elk Lane Construction Contract $ 691,334.96 Contract Administration, Inspection and Testing $ 103,700.24 Contingencies $ 69,133.50 TOTAL ESTIMATED CONSTRUCTION COSTS $ 864,168.70 City Council 10 — 34 1/16/2024 PROJECT TITLE: Chestnut Ave and Elk Ln Traffic Signal Installation PROJECT CATEGORY: Traffic Improvements Traffic Improvements LOCATION MAP N AGENCY: Public Works EXHIBIT 5 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Design and install a new traffic signal on Chestnut Avenue and Elk Lane. PROJECT NEED: Project is needed to enhance traffic safety and increase mobility. PROJECT COSTS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 Construction 692,000 - - - - - - Contingency 70,000 Engineering 104,000 TOTAL 866,000 SOURCE OF FUNDS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 CAPITAL OUTLAY/CELL 25,000 - - - - - - TOWER ==MR TRANSP SYS IMP 841,000 AUTHORITY TOTAL 866,000 DIVISION: Traffic Enaineerina CONTACT: DATE: Cesar Rodriguez, Senior Civil Engineer 29-Nov-2023 City Council 10 — 35 1/16/2024 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 January 16, 2024 TOPIC: OC Streetcar Operations and Maintenance Cooperative Agreement AGENDA TITLE Cooperative Agreement with the Orange County Transportation Authority for the Operations and Maintenance of the OC Streetcar System (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the Operations and Maintenance of the OC Streetcar System for a term beginning on the effective date of this agreement for a period of 50 years, with an optional 20-year extension at the discretion of OCTA (Agreement No. A-2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On July 7, 2015, a Memorandum of Understanding (MOU) was approved by City Council with the Orange County Transportation Authority (OCTA) for implementation of the OC Streetcar Project (Project). The MOU outlines the general roles and responsibilities for the development, implementation, operations, and maintenance phases of the Project between the City of Santa Ana and OCTA, and sets the framework for additional detailed agreements for the Design, Use of Right -of -Way, Construction, and Operations and Maintenance of the Project. Since the approval of the MOU, the City Council has approved the following subsequent Streetcar agreements: • Design Cooperative Agreement was approved on March 15, 2016 and defines the roles and responsibilities for design and preparation of construction documents for the Project. • Use of Right -of -Way Cooperative Agreement was approved on February 7, 2017 and specifies the limits of use and the City's and OCTA's roles, responsibilities, and commitments as they relate to OCTA's facilities in the public right-of-way. • Construction Cooperative Agreement was approved on April 4, 2017 that establishes the roles and responsibilities of the City and OCTA for construction phase of the Project. City Council 11 — 1 1/16/2024 OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024 Page 2 The final agreement for the Project is the Operations and Maintenance Cooperative Agreement. This agreement must be in place in advance of the construction phase being complete to allow OCTA and the City time to prepare for the operation of the OC Streetcar System. The Project is approximately 80% complete as of the end of the last quarter. City and OCTA staff have reached consensus on the specific terms and conditions of the proposed agreement within the framework established by the approved MOU agreement. A summary of the key provisions of the proposed Operations and Maintenance Cooperative Agreement are as follows: General The proposed agreement establishes the roles, responsibilities, and commitments for system operations and maintenance of the OC Streetcar System (System). OCTA is responsible for operating and maintaining the System and Streetcar infrastructure; the City is responsible for maintaining City infrastructure. • The term of this agreement is for 50 years, with a 20-year extension at the discretion of OCTA. Further extensions are allowed upon mutual agreement. • Agreement may be terminated as follows: o City may terminate at end of the agreement term if OCTA abandons the portion in City Right -of -Way, OCTA disavows use rights in the Use of Right -of -Way agreement, or if the System discontinues operation for a consecutive period of one year. o OCTA may terminate if the System is determined to not be a viable mode of transportation due to lack of passengers, revenue, or funding. Financial OCTA is responsible for the payment of all operating costs of the System. As agreed to in the original MOU agreement, the City is responsible for ten percent (10%) of the annual sum of operating costs less any fare -box revenue upon the start of service. The City's share of annual operating costs is estimated to be $1 million. Operations The proposed agreement outlines assumptions, roles, responsibilities, and commitments related to the operational elements of the System, including, but not limited to, the following: • Train/traffic signal coordination • Traffic signal timing and prioritization • Data collection and system monitoring • Community relations • Advertising/ridership enhancement • Third -party permits • Special event coordination and operation • Emergency procedures • System security City Council 11 — 2 1/16/2024 OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024 Page 3 Maintenance The proposed agreement outlines assumptions, roles, responsibilities, and commitments related to the maintenance of elements of the System and infrastructure in the public Right -of -Way, including, but not limited to, the following: • Track • Signaling, control, and communications • Platforms • Traction power system • PE right-of-way • Maintenance and storage facility • System structures • Roadway infrastructure • Street lighting • Trees • Landscaping and irrigation • Graffiti • Santa Ana Regional Transportation Center site improvements The proposed agreement establishes a track access permit system, as required by the California Public Utilities Commission (CPUC), to provide controlled access to the areas containing the System for both agencies and third party permittees The City and all third parties must secure a permit from the OCTA when working within the OCTA's controlled work access limits, generally 10 feet from the overhead contact system (poles, span wires, and contact wire) and within 4 feet of any rail. The City and OCTA agree to keep each other informed about future projects that may impact the others' use of the right of way. Staff recommends that the City Council approve the proposed OC Streetcar Operations and Maintenance Cooperative Agreement with OCTA. The proposed agreement is the final, culminate agreement in a series of OC Streetcar Project agreements, and is in conformance with the previously approved MOU agreement and related subsequent agreements. FISCAL IMPACT Approval of this item does not affect current fiscal year budget. The City is not obligated to pay its share of operating expenses until the OC Streetcar is operational and servicing the public. OCTA estimates that the OC Streetcar may begin service in Fiscal Year 2024-25. As part of the normal budget processes, staff will include the estimated expenditure in the future Fiscal Year 2024-25 General Fund budget for City Council consideration. City Council 11 — 3 1/16/2024 OC Streetcar Operations and Maintenance Cooperative Agreement January 16, 2024 Page 4 EXHIBIT(S) 1. Operations and Maintenance Cooperative Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 11 — 4 1/16/2024 EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 COOPERATIVE AGREEMENT NO. C-3-2323 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR OPERATIONS AND MAINTENANCE OF THE OC STREETCAR SYSTEM THIS COOPERATIVE AGREEMENT ("Agreement"), is effective this day of , 2024 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY") and the City of Santa Ana, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92701, a charter city and municipal corporation duly organized and existing under the laws of the State of California (hereinafter referred to as "CITY") each individually known as "Party" and collectively known as the "Parties". RECITALS WHEREAS, the AUTHORITY and the CITY entered into a Memorandum of Understanding No. C-5-3295, ("MOU") on August 31, 2015 for the OC Streetcar Project, which MOU provides for the Parties to work in partnership for the implementation of the OC Streetcar Project and the commitment by the CITY to provide a portion of operating costs to the AUTHORITY; WHEREAS, the AUTHORITY and the CITY entered into Cooperative Agreement No. C-5-3583 dated August 1, 2015, for the design phase of the OC Streetcar Project ("Design Agreement"), which set forth the terms and conditions for the OC Streetcar Project design including, but not limited to, AUTHORITY and CITY infrastructure; WHEREAS, the AUTHORITY and the CITY entered into Cooperative Agreement No. C-6-1516, dated April 18, 2017 for the construction phase of the OC Streetcar Project ("Construction Agreement"), City Council Page 11gf 145 1 /16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 which set forth the terms and conditions for the OC Streetcar Project construction including, but not limited to, AUTHORITY and CITY infrastructure; WHEREAS, the AUTHORITY and the CITY entered into Cooperative Agreement No. C-6-1433, Use of the City Right of Way Agreement ("Use Agreement") dated March 17, 2017 for the AUTHORITY to occupy and use a portion of the CITY right of way ("City ROW') for the operation and maintenance of the OC Streetcar System; WHEREAS, the AUTHORITY and the CITY entered into Amended and Restated Cooperative Agreement No. C-94-859 for The Santa Ana Regional Transportation Center and the OC Streetcar Agreement, ("SARTC Agreement") dated June 1, 2017, to include the design, construction, operations and maintenance of the OC Streetcar System within the boundaries of the Santa Ana Regional Transportation Center ("SARTC"); WHEREAS, the purpose of this Agreement is to establish the roles, responsibilities, and expectations with respect to the operations and maintenance of the OC Streetcar System including Pre - Revenue Operations and Revenue Service. WHEREAS, the AUTHORITY's Board of Directors authorized this Agreement on WHEREAS, the CITY's City Council approved this Agreement on ; NOW, THEREFORE, it is mutually understood and agreed by the Parties as follows: ARTICLE 1. DEFINITIONS The following definitions will apply throughout this Agreement, which includes those attachments hereto that are incorporated by reference. A. "Asset Replacement" means the replacement of Capital Assets and is considered a capital expenditure and not a maintenance activity. B. "Authority Periodic Maintenance" means Preventive Maintenance activities in street running sections of the System, performed by the AUTHORITY, requiring short-term roadway closures. 1 City Council — 6 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 C. "Authority Routine Maintenance," means Preventive Maintenance activities in street running sections of the System, performed by the AUTHORITY, which does not require any roadway closure. D. "Authority Use Rights" means the rights to use the City ROW, as granted to the AUTHORITY in the Use Agreement. E. "Baseline Timing" is the timing of traffic signals and streetcar priority, established prior to Revenue Operations, and acceptable to both Parties. F. "Capital Assets" means all System components less those items considered disposable or replaced on a regular basis. G. "City Maintenance Activities" means maintenance activities performed by the CITY. H. "City ROW' means the CITY's right of way, including streets and other improvements thereto, which is owned or controlled by the CITY and to which the CITY has granted Authority Use Rights in the Use Agreement. I. "Controlled Work Access Zone" means the zone for which a Track Access Permit must be secured from the AUTHORITY — see Exhibit D — Track Access. J. "Days" means calendar days. K. "Emergency" means an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property or environment and requires immediate action. L. "Extensive Maintenance" means a planned maintenance or replacement activity, by either Party, that requires a shutdown of System operations and the AUTHORITY's ability to provide passenger service as intended. M. "FEMA" means Federal Emergency Management Agency. N. "Fiscal Year" means July 1st to June 30th. O. "Guideway" means the area in which the streetcar vehicles will operate and is defined by the outer limits of the concrete track slab. P. "Occupied City ROW' means that portion of City ROW to be physically occupied by the System in accordance with this Agreement and the Use Agreement. City Council Page 3 11— 7 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 Q. "OC Streetcar Project" means the planning, design, financing, construction, and installation of the OC Streetcar System as set forth in the Design Agreement and/or Construction Agreement. The OC Streetcar Project becomes the OC Streetcar System upon initiation of Revenue Service. R. "OC Streetcar System" or "System" means the OC Streetcar passenger transportation system to be owned, operated, and maintained by the AUTHORITY, including all tracks, platforms, streetcar vehicles, conduits, electrical lines, traction power poles, traction power substations, cross -span wires, streetcar signal equipment, maintenance facilities and other functionally related and appurtenant equipment and facilities. The limits of the System are illustrated in Exhibit A — System Map. S. "OCS" means the overhead contact system that provides the overhead power to the streetcar vehicles and includes the poles and foundations and all equipment supported by the poles, including but not limited to the span wires, messenger wire, contact wire, insulators, and other functionally related and appurtenant equipment and facilities. T. "Operating Costs" means the cost associated with, but not limited to, operations of vehicles, facilities, systems, supporting infrastructure, preventive maintenance of vehicles, facilities, system, supporting infrastructure, ticketing and fare collection, marketing, administrations, safety, security and other support after the System has entered Revenue Service. U. "Preventive Maintenance" means the regular and routine maintenance of equipment and assets in order to keep them running and prevent any costly unplanned downtime from unexpected failure. V. "D eerrating Revenue" means all revenue generated through passenger fares collected through fare boxes, online ticket sales, ticket vending machines, store ticket vending machines or any retail outlet. If a grant is supporting a free -fare period for riders, the grant funds will be considered passenger fares and Operating Revenue. W. "Operations Control Center' means a centrally located facility staffed by the AUTHORITY that contains equipment to, in part, monitor and control the System. r City Council — 8 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 X. "Payment" means the action or process of paying monetarily. In -kind match shall not be used as Payment. Y. "PE ROW' means OCTA's right of way, also known as the corridor, in part, where the Pacific Electric railway operated, and for this Agreement, is between the CITY limits at Westminster Avenue and Raitt Street excluding the crossings at Westminster Avenue, Fairview Street and 5t" Street. Z. "Platform" or "Platforms" are the facilities where streetcar passengers can enter or leave streetcar vehicles along the Guideway. A Platform includes canopies, fare collection equipment, signage, lighting, tactile strips, pedestrian guard rails, leaning rails, pavers or concrete surface materials, trash receptacles, benches, walls supporting platform, communication cabinets, variable message signs, cameras, and other functionally related and appurtenant equipment and facilities. AA."Pre-Revenue Operations" is the simulation of Revenue Service during the construction phase of the OC Streetcar Project. Pre -Revenue Operations allows the AUTHORITY and the CITY to simulate Revenue Service, train streetcar operators, burn -in streetcar vehicles, utilize permit procedures, and begin preparation for Revenue Service. Operations and maintenance activities, including track access procedures, will begin upon the commencement of Pre -Revenue Operations. BB."Revenue Service" means the point at which the System is operational and providing service to the public as intended. CC. "SSC" means the Safety and Security Committee. DD. "Streetcar" or "Streetcars" means those rail vehicles Utilizing the Guideway to carry passengers. EE."Track Access Permit" means the permit issued by the AUTHORITY for certain operational and maintenance activities within the Controlled Work Access Zone as provided for in Exhibit D. FF. "Transit Signal Priority Equipment" means the signal equipment used to provide Streetcar signal priority on CITY streets. Transit Signal Priority Equipment includes the Streetcar priority detection equipment typically located on CITY traffic signal poles or mast arms, the priority emitter installed on 1 City Council — 9 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 Streetcars, the portions of the priority software specific to System operations and other functionally related and appurtenant equipment and facilities. ARTICLE 2. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete statement of the term(s) and conditions(s) of this Agreement between the Parties on the subjects herein. This Agreement does not replace or supersede the MOU for the OC Streetcar Project entered into prior to this Agreement, however, any terms or conditions in conflict shall be controlled by this Agreement. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. The AUTHORITY's failure to insist on any instance(s) of the CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. The CITY's failure to insist on any instance(s) of the AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the CITY's right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in writing by an authorized representative of the CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. 1 City Council — 10 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 ARTICLE 3. SCOPE OF AGREEMENT This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects addressed herein. Both Parties agree that each shall cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY The AUTHORITY agrees to the responsibilities, requirements, and financial obligations identified in Exhibit B - Operations, Exhibit C - Maintenance, and Exhibit D - Track Access attached hereto and made part of this Agreement. ARTICLE 5, RESPONSIBILITIES OF THE CITY The CITY agrees to the responsibilities, requirements and financial obligations identified in Exhibit B - Operations, Exhibit C - Maintenance, and Exhibit D - Track Access attached hereto and made part of the Agreement. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by the CITY in the implementation of this Agreement are delegated to its City Manager, or designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY's Chief Executive Officer, or designee. ARTICLE 7. FINANCIAL OBLIGATIONS OF THE PARTIES A. AUTHORITY OPERATING COST RESPONSIBILITY The AUTHORITY is responsible for the Operating Cost of the System. B. CITY OPERATING COST RESPONSIBILITY Commencing with Revenue Service, the CITY shall reimburse the AUTHORITY annually, through Payment to the AUTHORITY, ten percent (10%) of the following sum: Operating Costs less any Operating Revenue, as defined. City Council —11 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 C. OPERATING COST ACCOUNTING The AUTHORITY agrees to account for System Operating Costs and Operating Revenues separately from other departments or cost categories. The level of detail will be consistent with existing accounting systems within the AUTHORITY. No later than the end of the second quarter of each Fiscal Year, the AUTHORITY shall send an estimate of Operating Costs for the current Fiscal Year to the CITY to include the remainder of the current fiscal year. Prior to the initiation of Revenue Service, and to the extent practicable, the AUTHORITY shall provide the CITY with an estimate for Operating Costs for the remainder of the Fiscal Year the System enters Revenue Service. In the first quarter of each fiscal year, the AUTHORITY shall determine the Operating Costs and Operating Revenues for the prior year. D. BILLING AND PAYMENT The AUTHORITY shall send the CITY an invoice with supporting documentation no later than the first business day of the second quarter of each fiscal year or on or about October 1 for the CITY's share of Operating Costs for the period of July 1 through June 30 of the preceding fiscal year. The AUTHORITY shall provide adjustments to the invoice in accordance with Exhibit B, Section 2.5.2. The CITY shall have sixty (60) days to pay the AUTHORITY. If the CITY disagrees with the amount and requests an audit by an independent third party, the CITY shall pay for the audit and shall pay the AUTHORITY an interim amount of 75% of the requested amount. Once the audit is completed and subsequently reconciled by both Parties, the amount due shall be remedied. If the reconciled amount is greater than the paid amount, the CITY shall pay the AUTHORITY the difference within sixty (60) days. If the reconciled amount is less than the paid amount, the AUTHORITY shall refund the CITY the difference within sixty (60) days. ARTICLE 8. AUDIT AND INSPECTION The Parties shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, the AUTHORITY shall permit the authorized City Council — 12 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 COOPERATIVE AGREEMENT NO. C-3-2323 representatives of the CITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of the AUTHORITY related to operations and maintenance of the System for a period of four (4) years after each payment was due to the AUTHORITY with respect to the financial terms in Article 7. The CITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in third party contracts with the AUTHORITY related to operations and maintenance as described in this Agreement. ARTICLE 9. INDEMNIFICATION A. To the fullest extent permitted by law, the CITY shall defend (at the CITY's sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (the CITY's employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of the CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to the CITY), indemnify, protect, and hold harmless the CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (the AUTHORITY's employees included), for damage to property, including property owned by the CITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, City Council — 13 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 employees or agents in connection with or arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or II termination. ARTICLE 10. TERM Beginning on the Effective Date, this Agreement shall be operative for a period of fifty (50) years (the "Initial Term"), subject to earlier termination as provided by Article 11. AUTHORITY may, in its discretion, extend this Agreement upon the same terms and conditions existing at the time of such extension for an additional term of up to twenty (20) years ("Extended Term"). To exercise its right to the Extended Term, the AUTHORITY shall provide written notice to the CITY no later than twenty-four (24) months prior to the expiration of the Initial Term. For any period beyond the Extended Term, this Agreement may be extended by mutual consent of the Parties at any time prior to the expiration of the Extended Term, to the extent permitted by law. ARTICLE 11. TERMINATION A. This Agreement may not be terminated by either Party for convenience. B. This Agreement shall be subject to termination at the option of the CITY and by written notice delivered to the AUTHORITY upon the occurrence of any of the following events: (i) The Use Agreement is terminated; (ii) The AUTHORITY abandons the Occupied City ROW, or expressly disavow the Authority Use Rights; or (iii) The AUTHORITY discontinues regular System operations for a consecutive period of one (1) year consistent with this Agreement and requirements of the Federal Transit Administration, provided any such discontinuance is not caused by Force Majeure as described in Article 12, paragraph E or for other reasons outside the AUTHORITY's reasonable control. C. The AUTHORITY may terminate this Agreement if the AUTHORITY determines, upon reasonable notice to and concurrence by the CITY, that the System is not a viable mode of transportation I/ City Council 1 IF — 14 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 either due to lack of passengers, lack of revenue, lack of funding, other modes of transportation that are developed making the System relatively inefficient, or other similar reasons. ARTICLE 12. ADDITIONAL PROVISIONS A. Compliance: The Parties shall comply with all applicable federal, state, and local laws, statutes, ordinances and regulations of any governmental authority having jurisdiction over the System. B. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. C, Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. D. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Electronic or facsimile signatures will be permitted. E. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. F. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed City Council 1 — 15 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 COOPERATIVE AGREEMENT NO. C-3-2323 void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. G. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. H. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. I. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement shall be in writing and delivered by certified mail. Phone and e-mail may be used for convenience but are not considered as official notice. Notice information may be changed by either Party at any time upon written notification being received by the other Party of the change in notice information with the information provided below. Notices are to be directed as follows: To CITY City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 Attention: City Clerk (714) 647-6520 Email: CityClerk@santa-ana.org Cc: Executive Director of Public Works (at same address) Tel: (714) 647-5654 E Mail: nsaba@santa-ana.org To AUTHORITY: Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863-1584 Attention: Lydia Bilynsky Title: Department Manager Contracts Administration & Materials Management Phone: (714) 560-5568 Email: Ibilynsky@octa.net Cc: Johnny Dunning, Jr. Chief Operating Officer Tel: (714) 560-5710 E-Mail: jdunning@octa.net J. Subcontracting: The Parties may, in their sole discretion, enter into contracts with third parties, or each other, to perform any of their obligations under this Agreement. The Parties shall include in such contracts the obligation of the contractor to comply with all applicable terms of this Agreement, including without limitation, insurance and indemnity requirements. Notwithstanding the foregoing, each City Council — 16 1/16/2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 Party shall remain primarily responsible for performance of all obligations and exercise of all rights assigned to each under this Agreement. K. Dispute Resolution: All disputes arising under this Agreement shall be resolved in accordance with the dispute resolution process in this section. The Parties shall diligently cooperate with each other in an effort to resolve any dispute during the dispute resolution process. If a dispute arises under this Agreement, either Party may file a written request with the other Party to invoke the dispute resolution process. Upon receipt of such a request, each Party shall designate a staff representative, which representatives shall meet within 14 days of the date of the written request in an effort to resolve the dispute. If the dispute has not been resolved within 14 days or any extension thereof mutually agreed upon by the Parties, the dispute shall be referred to the CITY's Executive Director of Public Works and the AUTHORITY's Chief Operating Officer, who shall meet within 14 days of the referral in an effort to resolve the dispute. If the Executive Directors are unable to resolve the dispute within fourteen (14) days or any extension thereof mutually agreed upon by the Parties, then the dispute shall be referred to the AUTHORITY's Chief Executive Officer and the CITY's City Manager, who shall meet within fourteen (14) days of the referral in an effort to resolve the dispute. If the dispute remains unresolved within such fourteen (14) days or any extension thereof mutually agreed upon by the Parties, either Party may initiate litigation or seek any remedies available under applicable law. L. Insurance: AUTHORITY is a self -insured public entity and shall maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. AUTHORITY shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and list the CITY as an additional insured. ARTICLE 13. INCORPORATION OF EXHIBITS This Agreement in its entirety includes the Exhibits listed below, all of which are, by this reference, incorporated herein and made part hereof as though fully set forth. The Exhibits of this Agreement are: 1 City Council 1 T 717 1/16/2024 1 2 3 4 5 6 FBI COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT A — System Map (Illustrative Only) EXHIBIT B — Operations EXHIBIT C — Maintenance EXHIBIT D — Track Access IN WITNESS WHEREOF, the Parties hereto have caused this Cooperative Agreement No. C-3-2323 to be executed as of the date of the last signature below. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Tom Hatch Interim City Manager ATTEST: 0 Jennifer L. Hall City Clerk APPROVED TO FORM: in Darrell E. Johnson Chief Executive Officer APPROVED TO FORM: M Jam6 M. Donich G7neral Counsel APPROVAL RECOMMENDED: By: IM By: J4 Montoya Assistant City Attorney APPROVAL RECOMMENDED: M Nabil Saba Executive Director Public Works Johnny Dunning, Jr. Chief Operating Officer City Council 1 — 18 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT A SYSTEM MAP x d c � 3AV CINtfH9 Y 0 LA �a r�aN4� • � v, - �y4S r 15tliM1i11bW - �P lsr+�ulea • • C o < N 1s Nivw c p 1SAtlA1DVDtl9 r p E is SSOtl ! • U ✓ } C U tJ is a9MG13 • w K O O } i to Z Q is 101SO) z » v 4 P a � C C S } is Uy" as n a1"m K h7 531 aY1'1 .� Z � .7 isNoiNin fi o u° an�atioaavH z� City Council Exhiblk- 19 1/16/2024 Page 1 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B OPERATIONS 1.0 DEFINITIONS All capitalized terms used in this Exhibit B will have the same meaning ascribed to them in Article 1 of the Agreement. 2.0 AUTHORITY OPERATIONS 2.1 Pre -Revenue Operations Pre -Revenue Operations will begin during the construction phase of the OC Streetcar Project when construction is substantially complete, startup and testing is underway or complete, and the AUTHORITY's Operations Control Center is staffed full time. The AUTHORITY shall notify the CITY in writing at least two (2) weeks before Pre -Revenue Operations is initiated and twenty-four (24) hours prior to Pre -Revenue Operations. Pre -Revenue Operations will effectively begin operations with the exception of passenger service. 2.2 System Operations The AUTHORITY is responsible for the operation of the System. System operations shall be performed in a manner compliant with the requirements of this Agreement and as directed by the AUTHORITY's Board of Directors. System vehicles and operators traveling on the Guideway shall be subject to all traffic control ordinances, statutes, and regulations, not in conflict with federal law. 2.3 Minimize Impacts The AUTHORITY shall operate the System in a manner that minimizes negative impacts to the CITY and other local jurisdictions, to the extent practicable, while meeting all local, state, and federally mandated requirements. 2.4 Access The Parties shall develop a program that allows the AUTHORITY to park service vehicles for a time not longer than four (4) hours in metered stalls or other acceptable locations while performing operational duties utilizing either government license plates, bagged meters, or other methods. City Council — 20 1 /16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B 2.5 Train/Traffic Signal Coordination Prior to Revenue Service, the Parties intend to establish the Baseline Timing for the CITY's traffic signal system. The Parties recognize the need to balance automobile traffic progression and System operations at a reasonable level where they share CITY streets. Once in Revenue Service, the Parties shall work cooperatively to maintain a coordinated transportation system including traffic signals, the Transit Signal Priority Equipment, and crossing gates. 2.5.1 Transit Signal Priority Committee The CITY and AUTHORITY shall form a Transit Signal Priority Committee ("TSP Committee") to coordinate, monitor and adjust the transit signal priority system. The TSP Committee shall comprise of no more than three (3) representatives from each Party. The TSP Committee shall be responsible for confirming the Baseline Timing prior to Revenue Service, determining which reports are necessary for long term performance monitoring during transit signal priority software implementation, reviewing performance reports once in Revenue Service, and determining signal timing and transit signal priority strategies to balance automobile traffic progression and streetcar operations. The TSP Committee shall meet twice yearly or as necessary to address traffic signal and streetcar progression issues. The AUTHORITY shall chair the TSP Committee. 2.5.2 Data Collection and System Monitoring The software intended for traffic signal data collection and system performance monitoring, includes Miovision's Central Management Software (CMS), used for monitoring the Opticom system, Econolite's Centracs Signal Performance Monitoring software, an add -on to the City's System, used for monitoring signal timing and performance, and CAD - AVL (Computer Aided Dispatch — Automatic Vehicle Location) software used by the AUTHORITY for monitoring streetcar performance. Specific branding of software in this agreement does not preclude the TSP Committee from identifying and approving appropriate, equivalent software. The AUTHORITY and CITY agree to split the cost of the Miovision CMS and Econolite Centracs SPM software, or equivalents, license renewals, or upgrades. The AUTHORITY shall pay the cost of the software license renewals and upgrades and shall include the City Council Page — 21 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B CITY's share, as necessary, in the annual O&M contribution invoice as identified in Article 7 of this Agreement. The CITY agrees to provide the AUTHORITY unlimited access to both the Miovision CMS and Econolite Centracs SPM software in a manner that allows the AUTHORITY access to the software and associated data without CITY involvement. Each software package listed above includes "canned" performance reports. The TSP Committee shall determine which performance reports are required. If either Party requests or requires a customized report, the requesting Party shall pay for the development of that report. 2.5.3 Signal Timing The CITY reserves the right to adjust traffic signal timing as necessary for basic operations, synchronization, emergencies and incident management. Nevertheless, the CITY agrees to make traffic signal changes in good faith and will not reduce transit signal priority to a level less than that achieved in the Baseline Timing, as defined. The CITY shall notify OCTA's Operations Control Center when any traffic signal timing has been modified along the System alignment. 2.6 Community Relations The AUTHORITY shall develop a community program to inform local schools, businesses, and neighborhoods about streetcar operations. No less than annually, the AUTHORITY shall present this program to local schools, business, and neighborhoods along the System alignment or as mutually agreed to otherwise. 23 Advertising The AUTHORITY may advertise on the Streetcars and Platforms consistent with AUTHORITY advertising policies. 3.0 CITY OPERATIONS 3.1 CITY Facilities City Council Paggi Es e 3 — 22 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B The CITY is responsible for the operations of CITY facilities and equipment including but not limited to roadways, traffic signals, street lights, traffic signage, and all other facilities owned by the CITY unless stated otherwise in this Agreement. 3.2 CITY Access Vehicles owned or operated by the CITY may operate on the Guideway and in the Controlled Work Access Zone in a manner consistent with public use. No work activities may occur in the Controlled Work Access Zone unless a Track Access Permit is secured following the guidelines established in Exhibit D. The Track Access Permit program will be established through coordination with the California Public Utilities Commission ("CPUC") and initiated upon entry into Pre -Revenue Operations. 3.3 Third Party Permits The CITY shall not issue permits for third party activities including, but not limited to, utility work, construction activities, special events or other, activities that will enter the Controlled Work Access Zone unless the third party has secured a Track Access Permit from the AUTHORITY. The CITY agrees to amend blanket permit language upon renewal to require permit holders to secure a Track Access Permit as required from AUTHORITY. The AUTHORITY shall routinely provide information to local utility providers on the requirements of the Track Access Permit program. To the extent possible and along the System alignment, the CITY agrees to enforce the CITY's requirement to secure a special event permit. Further, when special events occur along the System alignment and a CITY permit has not been secured, the CITY shall support the AUTHORITY's efforts to ensure the Controlled Work Access Zone remains clear. 3.4 Displays Unless mutually agreed to in writing, the CITY and AUTHORITY shall not place, or allow to be placed through permit, any displays or new attachments unrelated to System operations over or on any OCS. The CITY shall not place, or allow to be placed through permit, any displays within the Controlled Work Access Zone, including banners, lights or other attachments. City Council Page — 23 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B After consultation with the CITY and irrespective of whether the CITY has issued a permit, the AUTHORITY has the right to remove any banner or attachment if, in the opinion of the AUTHORITY, such action is necessary for the safe operation or maintenance of the System. 3.5 Special Event Coordination and Operation The special event applicant shall coordinate with the AUTHORITY for all CITY permitted special event crossings, occurring on or directly adjacent to the Guideway, that could interfere with rail operations. Permit requests for special events crossing the Guideway or occurring directly adjacent to the Guideway must be submitted no less than sixty (60) days in advance of the event and will be reviewed by both the AUTHORITY and the CITY, in coordination with CITY permit requirements and Track Access Permit procedures. In these situations, the AUTHORITY will have an active role in the permit approval and must issue a Track Access Permit prior to the CITY issuance of a special event permit. The AUTHORITY, in its sole discretion, shall issue Track Access Permits in a timely manner and not cause special events to be unduly prohibited. The AUTHORITY may serve as an advisor on permit requests for special events in locations other than adjacent to or crossing the Guideway that may impact or benefit from passenger service. The CITY shall be responsible for all non -System special event activities including, but not limited to traffic control, adjusted signal timing and road/sidewalk closures. The AUTHORITY shall be responsible for all System -related special event activities including but not limited to switch adjustments, flaggers and additional operational support. Additional operational costs shall be borne by the event originator. 3.6 Ridership Enhancement The CITY may coordinate ridership enhancement events within Streetcars. All events shall be with a focus on increasing ridership and no other reason. Events shall be coordinated with OCTA's Marketing Department and shall require a Track Access Permit. Permit applications shall include, beyond standard application input, information on the number of participants, the duration of the event, and a brief description of the activity to be performed, The AUTHORITY reserves the right to decline the City Council Page — 24 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B application or modify it as necessary to ensure there is no impact to System operations, maintenance, and public safety. 3.7 Minimize Impacts The CITY shall minimize negative impacts and interference to the AUTHORITY's operation of the System, to the extent practical, while meeting all local, state and federally mandated requirements. 4.0 FIRE/LIFE/SAFETY COORDINATION 4.1 General The Parties agree that the Guideway is not to be considered or treated as a designated primary emergency response route, throughway, or short cut. The CITY is the designated first emergency responder for all incidents that involve, or appear to involve, public health, safety, or welfare on the Guideway or adjacent thereto within the CITY. 4.2 Safety & Security Committee The AUTHORITY shall chair the Safety & Security Committee ("SSC") to develop and coordinate regional safety and security provisions. The CITY may participate in any SSC meeting. The CITY agrees to participate if requested by the AUTHORITY. The SSC shall meet quarterly or as deemed appropriate. The SSC shall serve as the forum for City, and agency input on safety and security issues. 4.3 Operational Safety All Parties recognize the need to promote safety for both the public and for CITY and AUTHORITY workers in the Controlled Work Access Zone. The AUTHORITY shall comply with the AUTHORITY's Public Transit Agency Safety Plan ("PTASP") as required by Title 49 of the Code of Federal Regulations ("CFR") parts 673 and 674, as currently existing or hereafter amended, consistent with acceptable industry standards and including the operational functions of the System. Additionally, the AUTHORITY shall establish Track Access Permit protocols consistent, at a minimum, with CPUC requirements. 4.4 EmergencyEmergengy Procedures If no emergency plan exists, the AUTHORITY shall develop a plan or amend existing plans with the requirements defined in National Fire Protection Association 130 ("NFPA 130") — Standard for Fixed City Council Page — 25 1 /16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B Guideway Transit and Passenger Rail Systems, Chapter 9, as it currently exists or is hereafter amended, and other applicable guidelines and regulations. The emergency plan will be reviewed and coordinated with State and local emergency response departments. 4.5 Emergency Drills Emergency response drills will be conducted at periodic intervals as established in the applicable emergency plan. The AUTHORITY shall plan and conduct drills in coordination with appropriate emergency response organizations through the SSC. 4.6 EmergencyEmengency Situations 4.6.1 Emergency Notification Any emergency condition that may affect operations or public safety that comes to the knowledge of CITY personnel or any actual emergency response action along the Guideway shall be reported immediately to the AUTHORITY's Operations Control Center to the extent circumstances permit. Likewise, any emergency condition on a CITY facility that may affect operations or public safety that comes to the knowledge of the AUTHORITY personnel, or any actual emergency response action along a CITY street, corridor, or facility including portions in the operational throughway initiated by the AUTHORITY personnel shall be reported immediately to the CITY or appropriate contact to the extent circumstances permit. 4.6.2 Emergency Use of Guideway Notwithstanding Section 4.1, the Guideway will be available for emergency use by the CITY upon contact with the AUTHORITY's Operations Control Center. At the request of the emergency response official, the incident commander on the scene, or their designee in charge at the location of an incident, the AUTHORITY shall remove power from the OCS and prevent rail traffic in the affected area of the Guideway. The Parties' emergency response personnel shall work cooperatively to minimize power interruption and blockage of the Guideway. These situations will be limited to events where no other reasonable alternatives, as determined by the incident commander, are available to enable the Parties' City Council Page171 — 26 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT B emergency response organizations to perform their life/safety responsibilities. These responsibilities include providing emergency medical treatment and investigating criminal acts or traffic accidents that occur on, or adjacent to, the Guideway. While every effort will be made to clear the Guideway as soon as practical, the proper and complete investigation of any incident takes precedence over the disruption of service and a return to service. Coordination for continuous improvement will be through the SSC. Procedures for interrupting and restoring power will be consistent with NFPA 130, Chapter 9 (latest). Detailed procedures will be developed by the AUTHORITY and coordinated with the SSC. Prior to the start of Pre -Revenue Operations, and whenever requested, the AUTHORITY shall confirm to CITY emergency response personnel that power has actually been removed. 4.6.3 Accident Investigations The AUTHORITY shall cooperate with any accident investigation conducted by the CITY providing access to records and documents pertinent to the investigation in possession or control of the AUTHORITY. 5.0 SYSTEM SECURITY The AUTHORITY shall provide security for passengers on Streetcars, Platforms, and on the System at a level and using a means the AUTHORITY determines to be appropriate. Interface between the Parties regarding security procedures for the System will be coordinated through the SSC. Nothing in this Section restricts state and local police powers, as authorized by state and local laws. The AUTHORITY is responsible for making arrangements for System fare evasion enforcement, code enforcement, supplemental law enforcement, and security. Coordination for continuous improvement will be through the SSC. (Remainder of page intentionally left blank) Exhibit B City Council page1g — 27 1/16/2024 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C MAINTENANCE 1.0 DEFINITIONS All capitalized terms used in this Exhibit C will have the same meaning ascribed to them in Article 1 of the Agreement. 2.0 GENERAL System maintenance will commence, as described in this Agreement, upon entry into Pre - Revenue Operations, The Parties shall provide notice and secure approval in accordance with Exhibit C, Section 5, Table C-3 for all maintenance activities other than repairs associated with emergencies. 3.0 MAINTENANCE RESPONSIBILITIES 3.1 General The AUTHORITY is responsible for the maintenance of the System. The AUTHORITY shall maintain the System in a neat, clean, and orderly condition consistent with this Agreement, with CITY rules, requirements, ordinances, and codes, and as governed by applicable state or federal law. The CITY is responsible for the maintenance of all facilities other than System facilities unless specified otherwise in this Agreement. 3.2 Specific Maintenance Responsibilities Specific maintenance responsibilities are shown in Table C-1. If a maintenance responsibility is not specifically listed, the Party who maintains similar facilities elsewhere along or adjacent to the System alignment shall be responsible. Fiscal responsibility for the cost of maintenance is aligned with the maintenance responsibilities shown in Table C-1 unless defined otherwise elsewhere in this Agreement. The Party responsible for graffiti is consistent with the maintenance responsibility listed in Table C-1 unless defined otherwise within the table. City Council 11 — 28 1/16/2024 Exhibit C Page 1 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-1 Maintenance Responsibilities Responsibility Subject AUTHORITY CITY Track Trackslab (rail, rail boot, flangeway) X Rail, ties and ballast X Special trackwork (incl, switches, turnouts, etc.) X Track drains (incl. piping to CITY storm drainage X system) Ductbanks and boxes X Transition slabs between paved track and ballasted X track Grade crossing panels X Bumping Posts X Signaling, Control, Communications Streetcar signals on CITY poles/mast arms (heads, brackets, lenses, bulbs, conduit, wiring and other X appurtenances from signal to cabinet) Streetcar signals on System poles and associated meter pedestal (poles/foundations, heads, brackets, X lenses, bulbs, conduit, wiring and other appurtenances from signal to CITY cabinet) Streetcar track switch cabinet/controller and associated meter pedestal (cabinet, controller, X wiring/conduits and other appurtenances from switch to cabinet) Streetcar blankout signals on CITY poles/mast arms (heads, lenses, bulbs, conduit, wiring and other X appurtenances from blankout signals to cabinet) Streetcar blankout signals on System poles and associated meter pedestal (poles/foundations, X heads, leases, bulbs, conduit, wiring and other appurtenances from blankout signals to cabinet) Streetcar loops/detectors (loop, wiring, conduit and X other appurtenances from loop to cabinet) Active Warning Devices and associated meter pedestal (both roadway and sidewalk) at Fairview, 51h St, Rant St., and Sasscer Park area (flashers, X bells, gate arms, poles/foundations, cabinets, controllers, loops, wiring, conduits and other appurtenances) Manual pedestrian gates on sidewalks at active gate locations and associated channelization fencing X (gates, posts, fencing fabric and other appurtenances) City Council 11 — 29 1/16/2024 Exhibit C Page 2 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-1 Maintenance Responsibilities Res sibillity SuWect AUTHORITY I CITY Transit Signal Priority Equipment — Opticom RF x emitter on streetcars Transit Signal Priority Equipment — Opticom receiver on traffic signal mast arms, phase selector in cabinet, software and associated conduit and wiring X to controller Miovision - Central Management Software (CMS) Server operations, maintenance and replacement. X Miovision — CMS software license renewal and X X upgrades as described in Exhibit B Section 2.52. Centracs — Signal Performance Measures (SPM) software license renewal and upgrades as described X X in Exhibit B Section 2.5.2. CAD — AVL software license renewal and upgrades X Traffic signals (poles/foundations, treads, brackets, lenses, bulbs, conduit, wiring and other appurtenances from signal to CITY cabinet) unless X shown otherwise in this Table C-1. Traffic signal video detection system and/or loop detectors (camera or loop detectors, wiring, conduit and other appurtenances from camera or loop X detectors to cabinet) Pedestrian signals unless shown otherwise in this Table C-1. X Hybrid/HAWK pedestrian signals on Santa Ana Blvd at the Forest Street, Sycamore, Mortimer Street, and Garfield Street intersections. Intersection traffic signal cabinets and associated meter pedestal unless shown otherwise in this Table X C-1 Intersection traffic signal controllers and software unless shown otherwise in this Table C-1. X Intersection traffic signal Fiber Optic communication X Intersection traffic signal CCTV camera X Intersection traffic signal Emergency Vehicle Preemption X Intersection traffic signal Battery Backup System X Platforms Canopies x Fare collection equipment X Signage on platforms (incl. variable message sign) X City Council Exhibl C— 30 1/16/2024 Page 3 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-1 Maintenance Responsibilities Subject Responsibility AUTHORITY CITY Lighting (Meters, conduits, bulbs, luminaire, pole, foundation) X Tactile warning strips on platform and on landings at end of platforms X Guard rails and leaning rails X Surface material (concrete or pavers) X Trash Receptacles X Benches X Walls or curbs supporting platform X Communication cabinets X Cameras X Landings at ends of platforms X Islands at ends of platforms (curb, concrete, bollards) X Station Stop markers located on or near platforms X Meter pedestal for Platform power X Traction Power System OCS (poles/foundations, wires, brackets and hangers) X OCS pole wraps X Traction power substations (incl ground grid, foundation, conduits, wiring, fencing, signs, meter pedestal) X Ductbanks and boxes (boxes, conduits, wires and other appurtenances) X PE ROW Rail, ties, ballast X Switch gear X Signal and communication equipment, ductbanks and boxes X Fencing (fencing and gates) X Maintenance roads and walkways X Walls (OCTA owned retaining walls, block walls, screening walls) X Landscaping and irrigation X. Maintenance and Storage Facility (MSF) All facilities within the property of the Maintenance and Storage F2610ty site - X City Council 11 — 31 4 Exhibit C Page 4 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-1 Maintenance Responsibilities Subject Res onsibigt AUTHORITY CITY Roadways Roadway pavement (asphalt or concrete) X Curb, gutter, curb & gutter X Sidewalks (concrete or paver) X Tactile warning strips at grade crossings X Tactile warning strips on curb ramps X Striping, including striping across the Guideway X Storm drainage system, excluding track drains (inlets, manholes, pipes and other appurtenances) X Median island on Westminster Avenue (curb only) X Median islands on Fairview Street (curb only) X Median islands on 51h Street (curb only) X Median islands on Raitt Street (curb only) X Median islands on Santa Ana Blvd. (as shaded in Figure C-1) (curb only) X Bollards on or behind sidewalks X Traffic signage (signs, poles, brackets and other appurtenances) X System related signage (signs, poles, brackets and other appurtenances) X Bike lanes, bike wayfinding, and bike signage (surfacing, striping, signs, poles, brackets and other appurtenances) X Pavement between crossing panels at the Fairview St. and 5th Street crossings. X Street Lighting Street lighting and associated meter pedestal along roadways (poles/foundations, luminaires, wiring, conduits and other appurtenances) X Landscape and Irrigation (Soil, vegetation, irrigation, power, water and other appurtenances) Sidewalk landscaping and irrigation X Bike lane landscaping and irrigation X Median island on Westminster Avenue X Median islands on Fairview Street X Median islands on 511 St. X Median islands on Santa Ana Blvd (See shaded are ass in Figure C-1) X City Council 11 — 32 1/16/2024 Exhibit C Page 5 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-1 Maintenance Responsibilities Responsibility Subject AUTHORITY I CITY Islands at end of Platforms X Trimming of trees for clearance from OCS See Exhibit C Section 3.3 Structures Westminster Avenue Bridge (abutments, columns, X deck, superstructure, approach walls, railings) Santa Ana River Bridge (abutments, columns, deck, X superstructure, approach walls, railings) Graffiti Graffiti removal (all items listed as CITY X responsibility unless listed otherwise herein) Graffiti removal on Westminster Bridge abutment and column in center of Westminster Avenue not X requiring climbing or ladders. Graffiti removal (all items listed as AUTHORITY X responsibility unless listed otherwise herein) Santa Ana Regional Transportation Center (only within OC Streetcar System Property as defined in SARTC Agreement) Curb and gutter north of AUTHORITY's traction X power substation Driveway pavement at south end of Platform area X and north end of traction power substation area Sidewalk and curb and gutter at south end of X Platform area adjacent to SARTC driveway All elements in shaded area in Figure C-1 including X fencing as designed along border of shaded areas Miscellaneous Utility frame and covers located within track slab including sewer and water system frames, covers X and concrete collars 3.3 Trees and Shrubs The Parties agree to a criterion that tree limbs, branches leaves or palm fronds or shrubs, or portions thereof, may not be closer than two (2) feet of any OCS wire or OCS bracket, the Streetcar or Streetcar pantograph. City Council 11 — 33 1/16/2024 Exhibit C Page 6 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C In the landscaping categories the CITY is responsible for in Table C-1, the CITY shall, at a minimum, maintain trees and shrubs to meet the above stated criteria. The AUTHORITY shall notify the CITY if a tree or shrub does not meet the above stated criteria and give the CITY ten (10) business days to remedy the situation. The AUTHORITY reserves the right to trim any tree or shrub, at its discretion, if the CITY fails to trim the tree or shrub after ten (10) business days or if there is an impact System operations or maintenance. In this situation, the AUTHORITY's trimming operations shall not exceed five (5) feet from any OCS wire or OCS bracket, the Streetcar or Streetcar pantograph. Notwithstanding, any tree or part thereof causing an Emergency, as defined, shall be addressed accordingly. 3.4 OCS Poles The CITY may apply a vinyl wrap to the OCS poles, to change pole color, at the CITY's expense. Any wrap applied to the poles must be approved in writing by the AUTHORITY in advance of any application through a Track Access Permit. Once in place, the CITY shall be responsible for the maintenance of the wrap and agrees to maintain it in a neat, clean and orderly condition. Wraps that are not neat, clean or orderly shall be repaired or replaced within fifteen (15) business days. Wraps cannot interfere with System operations and maintenance. The CITY shall place any System operational signs/decals on the OCS poles onto the wraps and if the original signs/decals are damaged upon the wrap removal, replace the signs/decals accordingly. The AUTHORITY is not liable for the wrap in any way. 3.5 Maintenance Frequency The frequency of maintenance shall be at the discretion of the responsible Party unless shown specifically in Table C-2. Table C-2 Maintenance Frequency Subject Responsible Agency Minimum Frequency AUTHORITY CITY Trash collection on Platforms x Daily Trash collection at receptacles on sidewalk along System x Pressure wash Platforms x Quarterly Graffiti Removal as assigned in Table C-1 See Table C-1 Within 48 hours Roadway Sweeping Adjacent to Trackslab x As Needed City Council Exhibilb- 34 1/16/2024 Page 7 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Table C-2 Maintenance Frequency Trackslab Sweeping Ix 3.6 Maintenance Limits The AUTHORITY's maintenance limits are shown highlighted in Figure C-1. In the event of a discrepancy between Figure C-1 and Table C-1, Table C-1 controls. 3.7 Maintenance and Storage Facility Operations The AUTHORITY may conduct operations at the Maintenance and Storage Facility at any time and on any day. Maintenance activities shall be allowed System -wide at any time and on any day consistent with Table C-3 requirements. 4.0 PROTECTION OF FACILITIES The Parties shall reasonably protect each other's facilities when maintenance or construction activities are occurring adjacent to one another. If, through installation, use, or maintenance, an adjacent facility is disturbed or damaged, the Party responsible shall, at its own expense, restore or repair the facility in as good a condition as before such damage or disturbance. If such restoration, repair, or replacement is not completed within a reasonable time, or such repair or replacement does not meet the owner's duly adopted standards, or if no standards, to the standard governing its original construction updated to the current level of technology, the owner will have the right to perform the necessary restoration, repair, or replacement, either through its own forces or through a hired contractor. The non -compliant party shall reimburse the owner for its expenses in so doing within thirty (30) days after receipt of the invoice. The AUTHORITY agrees to be a member of California 811 or other utility identification organization as applicable and to adhere to the requirements associated with such. 5.0 NOTICE AND APPROVALS The notice and approval requirements for AUTHORITY and CITY Maintenance Activities are provided in Table C-3. Notices required for maintenance activities will be directed as follows: If intended for the AUTHORITY: Orange County Transportation Authority c/o Chief Operations Officer City�'N�nMpn street 11 — 35 1 /16/2024 Exhibit C Page 8 COOPERATIVE AGREEMENT NO, C-3-2323 EXHIBIT C Orange, CA 92868 Phone: 714-560-5710 Email. jdunning@octa.net If intended for the CITY: City of Santa Ana c/o Public Works Director 20 Civic Center Plaza Santa Ana, CA 92701 Phone: 714-647-5690 Email: nsaba@santa-ana.org i Me c-3 Permits and Notifications AUTHORITY CITY Routine Periodic Work Activities Special Maintenance Maintenance Events Does not block Blocks traffic, Outside of Within Within Definition traffic, no traffic is Controlled Controlled Controlled detour detoured Work Access Work Access Work Access required Zone Zone Zone Permit Needed None CITY Permit None OCTA Track OCTA Track Access Permit Access Permit Submit permit Email Email Email application in application to application to application to advance of N/A CITY Permit N/A OCTA OCTA work Department Operations Operations Control Center Control Center 14 Days, in 14 Days, in 60 Days, in If approved, person, person, at person, at timing of permit N/A emailed from N/A OCTA OCTA issuance CITY Permit Operations Operations De artment Control Center Control Center Permit Permi# Permit issuance N/A Permit N/A Emailed w/ Emailed w/ location and Emailed Track Access Track Access form Number Number Call on day of Yes, Call CITY Yes, call OCTA Yes, call OCTA work? No Permit Department No Operations Operations Control Center I Control Center Extensive Extensive maintenance activities are as defined in this Agreement. Maintenance Coordinate activities no less than 90 days in advance of the start of work. Once coordinated, a Track Access Permit must be secured as applicable. Emergency maintenance shall be handled through a coordinated effort by notifying Emergency and coordinating with each Party, minimizing impacts to traffic and streetcar Maintenance operations and restoring normal operations in a reasonable timeframe. See Exhibit B, Section 4.6 for additional requirements. City Council Exhibilb- 36 1/16/2024 Page 9 COOPERATIVE AGREEMENT NO, C-3-2323 EXHIBIT C Asset Replacement shall be Asset coordinated as a capital project. N/A Replacement Access and permits shall not be unreasonably withheld. 6.0 SAFETY TRAINING The CITY shall assure that CITY personnel and its contractors are certified in proper safety procedures prior to entering the Controlled Work Access Zone. Certification tags or other identification will be issued to certified personnel and shall be carried at all times while within the Controlled Work Access Zone. The AUTHORITY shall provide safety training (Train the Trainer) to CITY employees designated with oversight of the program. The AUTHORITY shall provide safety training and instruction to the CITY within thirty (30) days after a request is received. Work in the Controlled Work Access Zone shall be controlled through a track access program detailed in Exhibit D. (Remainder of page intentionally left blank) City Council 11 — 37 1/16/2024 Exhibit C Page 10 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C City Council 11 — 38 1/16/2024 Exhibit C Page 11 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Y � 1 0a I t A . .awl rs I , AN g3scog! 41\sit;;4i(�1 I _ gjSv�.8m. {I q Q fit, Al �J6rVa - miW45 ✓`s� Y I _ I of ta4a , 6 ('i. u J, I v'•:i; ����ww::���Z�a'a] II S 6C'•a 1 � s�. ' g �Td�ydy`F Slim, eJ,�Ed :t}', G,_.II,E: L_5` a yiari rJ �W .T.. I j 1b. 19 � a c'Brl3ur n .� si Wl, EJ se ee VJ Sd PY 48'16 sre� 3 rla .: J�n•"F�F-. :- FJf�a - --;t 41:-.Lj § �9 � s�, jUJ� w,i 91i e � � I 1 Ol aO ie f � � L-.1 1111 I J.1 Li' 6 14418 .. 1 i ¢ C "k� i i' n LLB it n t m Isoa I_ O 4 ae a fil I i ( 4W1 eta f fJJ.S! I; ' I City Council Exhib1it1C 39 1/16/2024 Page 12 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C : i a,- Iv r, ^o. ' I{tJ mewl spa"' �0. a., f i_f4HkEfa1 ,iRaHa aA ]Pfl•LI f-6Tiipi9 """"_"t ] �V ZIj '"_. I � � �7 P�1 Y �f f'. Z a ore m n a coca,;• agar ��,� t �A `�G �iLd IIn Y 41C'NJ tL E t / I �y era UI�Lf6 ILA � �1`" 5 ��n i✓i- 9JW[' �•� W J � ✓�II .. W _tr �..,sa®__ µE�r�—•—... �i L -. �.a�.-tea '� �e �`�i�'va •lf ,'f �- ,. _ ,. :��..� � .Y �e € !k ......... I�n� 9J� M'i4 E j ,m 1 I f I I I i Uj City Council 11 — 40 1/16/2024 Exhibit C Page 13 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C IN I A t�G W 00+Mvis Am vNv viws m aNnH31VVI1 fo 4. Al J� V im 00+0 L V.13 1133 • 9N1jH3AjVW um, City Council 11 —41 1/16/2024 Exhibit C Page 14 rN 06+06 V1S OA1 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C ZW3 DNIMVHQ 336 05+07 tl1S UA-W VNtl V1NVS. 3N11H91y1Y �� �_ � It I• l kX NtlyyS.kkM .S 3NIlH��tlWkk 69r � �i�� St• (=k as 'vmnw'3 . A� M w �.� it _ ---� d T Y' - z 8 LA" 9 k" i i gam.5x, ALP z 1 I F.15 Y'6ni6 x'HIH'f j r 1I I I [ e 4 F' 9A 19'Ib In" I- iI Z11 S� 'L86 9�"Y A% MJ t I• 1 , I 03 ca V15 7AY lJdfi3UCa. I k tl� 9N1Mtlkl� 335 1,H91a VNV VINV3 MEmnm1V4R DD+S4 V1S OATH YN 9V Us NVS M - 3APHaIV14 LU L6 City Council ExhibiI C— 42 1/16/2024 Page 15 8 LA" 9 k" i i gam.5x, ALP z 1 I F.15 Y'6ni6 x'HIH'f j r 1I I I [ e 4 F' 9A 19'Ib In" I- iI Z11 S� 'L86 9�"Y A% MJ t I• 1 , I 03 ca V15 7AY lJdfi3UCa. I k tl� 9N1Mtlkl� 335 1,H91a VNV VINV3 MEmnm1V4R DD+S4 V1S OATH YN 9V Us NVS M - 3APHaIV14 LU L6 City Council ExhibiI C— 42 1/16/2024 Page 15 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C -AQ. A doL %0 2 W 0049Z VAS 0A'11a YNV VINVS M';1M11HD1VW W+0V VIS UA113 YNV VAVS A& :1M-tHD1V19 j U1 r 7 1A ry g. Z LU ii P. j LU w > < 0 9 w K iij, 2 LL, 12 eS F3 Uj LLJ -i 20 Fqi 0 q� 'NAR LU 0 1 U) MOT 16 LU ce 4 9M) DNIMVsa 335 1HEAU 3AOSV 336 0+04 VAS WOR VNY VANVS M - 3NIIH01VO oq+gz VJLS 0A18 VNV YINVI; M -;INIVIYW Um City Council 11 —43 1/16/2024 Exhibit C Page 16 t� oosltiS�vl9axi� L fN rya Ciea�nle�Zv�s`�agi aA i zi«ao visis:iui of fli _!�aq i�T�SL Md�xl9�} rA r I! COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C OWD ©NIMVkfL] a3$ 0l+g¢ VLS UAl9 bNV tliNVS M - RNII OWN mlJOE y t !: (G7� �e Y I m A p l 1 �. ....! Ci �••. -gym 1.9 isel "-a\ JL— tl3'JN 09tDC V1S 43Alg VNV V1NVS M- W-1HDIM U City Council Exhibit16 — 44 1/16/2024 Page 17 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C 1d37 Molls 33S 0SV9 `JNIMVtIU 338 O � O9+0ir V1S Wil VNV ViNVS M 3NIINOdVA 00+9V VJ.S Mill VNV vims M.3N11"31VOY n u a to xet m' F � � Ilfk I � �rxrsr I E�a to 1 .. ONO1 t; rR I W 1W �- I i � I � (aR ZUraV7 � Ai?4 3 f UriF I o Q ..I sa?�.J' Fir f �€ Wq i, '- Wiese v e dab Hn •F"®' _1_..�� Ui ce n�n S � f � i F _..._ ora n�. � �' j - ♦�2Idd.S. �� �b t r 3 � I 0NVYIek7ads OL+SEff.LS[]A"-10 VNVVIIfINVSNI`3NI'JNaLVW °JIN 3A06V 333 � � � OS+00 V1S OAW VN V V1NVS M - 9NI'1NDIVW Um City Council 11 — 45 1/16/2024 Exhibit C Page 18 of r5 1 II 09+;p VIS fl IN VNV'ViNV9 M - -:mjJKDLvfl v1mv9m-,QN11H31m COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Izvo DNIMVNU mo 09409 V4% CIA119 U1 0 Um City Council Exhid 6 - 46 1/16/2024 Page 19 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C 14 ;rv. ZWO VNIMVHa 999 !- D9f09 V1S UA1E1 VNb V-L R iN^ 9NnHa.I.VW Vi Uj IL IA ` ^- I a�,y W.�`Y�YgniRr yCtiisT s 1 1 3 s I I : I 9zr� �Nlnnvt,a ��s 06+99 YLS UAl9 VNV VINVSM 9NI"IH%V14 r UA I� L6 City Council 11 — 47 1/16/2024 Exhibit C Page 20 ti Y: UI$P9iY VS:A re Ian . ',. mat n•1 � � r� 13W tr 4s Gtw RlAIZ. � 9 � �Pr..,I VAB-`�iSTLl3 C 1�l F:II Uisd1£i'V14 Sk eJ/J j COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C 0 UVO i3NrmVtla s �&"k�BViStlA'19i1N1+tliNYgM �NI"IH3iVW PCs i e� t � g-: I im f d3" 4 I 1IKK� F°° I z 1 I K' 1 �IL' , �: I LLI W 01f0 VJS aA1U VNV VlNVS Ak- m11HaLSY[Ii won L6 City Council Exhibi�6-48 1/16/2024 Page 21 6a. COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C OP459 We City Council 11-49 1/16/2024 Exhibit C Page 22 >'1J li YS>i 9tt1 e� i m y ' E �fp i I COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C r 10 3NI'IH01VW 06+¢1 V1S 19 Hit M • 3NIV31M City Council 11 — 50 1/16/2024 Exhibit C Page 23 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C 0 x x as O a 05+YiV18dSW1Vhh AN VW r fl W KKK0 i d�✓A � 3 � 19: � 4 9; yiffi emu. u ll 11 1 ✓'' g a sc vix.W- � "M ! J6dn 1 OFl. li 3d`iil 7d �i yILr C r. stoma" j lid' eL l nl�rx � w o` � _ ,�ty� • � I 3 I r Y uu-sry Tel15FFa •� - ! I !�� tl �T'LY `gr ag S i n t FI d eil M�Ls 6d92 Bes "� • �1 � '847W9E dl C3'911 �4 'ti k IMSiIRN `._ _i 1 E ii btl I i �L Ak8 WOW •a Y .� � � 6iV5 aIVIMYiiQ �8 � 2MI1HOLVW City Council 11 — 51 1/16/2024 Exhibit C Page 24 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C a a N w R LZVO ONIMM) 33S s 09+6L V1S IS HIP MHNIWIVw O \ry1 DC'14i:YS,'1 OIF N. 3l a1-9181i 3 nq�`� Nil { 'm'�gi'evlRleut 31.a1f8.4 i 1�9$p �� �I. .. \. _ - i✓ �i�..y.,R - - .� _. G�i t YYISL'H1kM ILLI 1- U h C11 WI4 I R O H �e B11S Nr917C4 d�"n F - I ,n.w,�a�a>," .r•=� N - �I, iesarsnaa�,er,3 �O 1. 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C-3-2323 EXHIBIT C om ONIMvIda 33S 5 CB+vC V1SIS Hlo-3"3NRHn1VNl I _ to ueau ,a Lt I - tt-I .at .o7e 9a srra � � T I� >r err,'%rr :i' -..... 4¢z •aeL N ' - JI.r le r alenzs "y 'u}h'�L La aY aL 5 I 7L rtisi fi CS4 I �":' r i.' tae iL 'S I $iL1L5� ki i N v�iw of; ✓� I IJ l a �` �" .. L TY, --...1 - „ .� � i evL>nvyL �X kl", _v � � � �� i i ', �`•ry F, ;i J: a ilG�"L+I4 VIS l9 h A � d]bITA/ M]3 / [[-{1U'{V11C i d WH4 aa3Nu0�_i 9 I I� a{[ � � a 1 i ' tip ill J I� Pz' aava Hlmvaa 3'JS OH+SZ VLS1S HIV M• 3NI"IH31VW Tw Uj W6 City Council 11 — 53 1/16/2024 Exhibit C Page 26 ��r ale�i _ �ac:o=.vi�cv}aa f to:s.ac��su � orntl+r ' j '3a nz5 3- r a3e m# t�'n,3Yj3�a� 9 I y IL I (1 J1mL xas-0A— »n3 41 �1 ee3u+�visrs ne '�' ai�'xl a� iry[4W�A�Ab FS'lld� �. G07Z1 g i d ZI y - -�- 11,4 "13 E7AE1 i39V-K 19A 1 I I�r �EII COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C a ass 3�unx�ivw 09+YG VIS iS W143 •3mmoiVw City Council 11 — 54 1/16/2024 Exhibit C Page 27 I I ' E j i I ! i I 9f'V1 COOPERATIVE AGREEMENT NO. C-3.2323 EXHIBIT C a 0M `JNIMVda 33s v OC40 vls d6 WIV V + a 1411H*1VW o I: ♦ 1 rd, 4'� I w i i P �Law10N Fj " ! 1 ! ti a far' r F E& I ♦ x awvai�s� F 3— p���@ ipy■� U[ i t165 ¢ Y „ 9 aatro uNlnndaa a3s I� " 09+0g VIR A HIV 3.3NI'I1401W U City Council 11 — 55 1/16/2024 Exhibit C Page 28 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C s a kC+pg Vie it N3VWI18gW 9Nrlfl31vvl � D IS HIRE I ( lu LL IS I Inn--- d 4 --- LL W MKJlt 2N w 1S lily 3 I - I av a 3ss n +h4 vls is USMI'dOW ZPN11H31vW LL City Council 11 — 56 1/16/2024 Exhibit C Page 29 1d37 mo l39 0S+l06 VLB MIS VNV V1N r 1 1 I I i �1 ; e 1 I I l I I I i f ; wfrL, OSV: awn Vds QAl4 i a el I M1r� n 1 s• gy- i 5 li TIf k6l261T 1- 77L ffiJ9zU 9VD tlN3 'G l3 vKZ f e o L 11 L. I i55 ' 4iYll rr m t ' V1NVS N • 3N11H31VW COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C Z£Va ONIA4VZia 33B •• 7A-la VNV VSNVH 3-3NpH31V6'Y, a �..:1 �F [E A. 05+AQ0 '419 QA xi I, t� II p ml I I 1 3 lE. yg t II R i f • 9N11H01VW 51, w LU mom City Council 11 — 57 1/16/2024 Exhibit C Page 30 COOPERATIVE AGREEMENT NO, C-3-2323 EXHIBIT C W.LU g o 1431 nna-I311 09+M V,Ls an'la VNV VINVs 3 1NI1N01VWCP G � � r: •i' F- LI xw � �j 754�: s= f II W r `,� . _ .-•. fix'? � F 4 s p�, 111111 € i a-, MCI ONWHU ails , .._ - -_ L� �� *'" � "'�� � � 00+OEL V18 Oh'19 tlNtl VJ.NtlS 3 • �NI'iIIJ1.VW f' 1�7F r a I� 14 XJ 5� �F z l I� 3 LU sawanawa = , : LUF' �6 I y , n FEb� flNIMVN0 �3E 1N91tJ aAO9V 44U � 094-UL Vis airla VNV VJNYS - 3NFlHU1VW 6�+LFL V.IS Oh1B VNV k+J:NVB'� • 3NI'IN .LVW City Council 11 — 58 1/16/2024 Exhibit C Page 31 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C �•. t NISEll 11-5 F.` i yy i Q€3 1 z gT U City Council Exhibit 1C 59 1/16/2024 Page 32 1j3'1 M IMI 33S u N COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C U+V4 VA$ 1 0 €- 5 F- u ;Pi r LU tW9 • 7NI-iNOLVN City Council ExhibitlC 60 1/16/2024 Page 33 I337 M8-1211 AAS OV+98 VIS OAIHVNV VLNVS M - 9NIIHOIVW COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C. 0WR VIS aA19 VNV VIWS M - z & 0 Ut rs J� Uj 1% D Um City Council Exhibij b— 61 1/16/2024 Page 34 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C two 3NIM"(1339 Ld31M01393 V1Ntl3 it �NIlHJ1VW OS416V1SGAIISVNVV1NVSa-3NI"IN51VW % �'18 tlNV � � f-1 ix 2 i �49L 0 ?I '0Zmi s IN Z; a, 1 ¢I ......... tali: V t ir r� a I- SEV9 DNIMVUG 493 OG+LS VAS GA19 VNV VJ.NVB M • 3NIlHD1VW ' I w- a. %T 4 I � a V �r I ri Fi I� i �i �c p f.. ..__ Im }5 00,+ZO VL6 UMI9 VNV ViNVS3.3NJ IHOlVW W U City Council 11 — 62 1/16/2024 Exhibit C Page 35 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT C A. r _ IL Y.. lei SPP�G4y0 ('.; 7 �- m i i vn d iaar i - I - N 'I 'P3dY k '• M46 Y1S wa YPFY viNY5 3 -aNI"tii;)J.Y.A City Council 11 — 63 1/16/2024 Exhibit C Page 36 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT D TRACK ACCESS 1.0 DEFINITIONS All capitalized terms used in this Exhibit D will have the same meaning ascribed to them in Article 1 of the Agreement. 2.0 GENERAL The track access requirements the AUTHORITY implements shall be consistent with CPUC General Order 175-A or other CPUC directives accordingly. Safe operations within the Controlled Work Access Zone are dependent on the AUTHORITY's ability to ensure those working in the Controlled Work Access Zone are trained to do so. Controlled access is implemented to provide protection for the maintenance/service workers and the streetcar operators. The controlled access is intended to verify that those working in the Controlled Work Access Zone have been trained to work around an active rail system. Track access procedures shall be in effect upon the AUTHORITY's entry into Pre -Revenue Operations, 3.0 CONTROLLED WORK ACCESS ZONE The limits of the Controlled Work Access Zone shall be as approved by the CPUC and amended as necessary to address safety and means of protection. The Controlled Work Access Zone limits defined in the Use Agreement shall be superseded by current AUTHORITY procedures. The AUTHORITY shall be responsible for keeping the CITY informed on the current limits of the Controlled Work Access Zone and associated procedures. 4.0 TRACK ACCESS PERMIT A Track Access Permit, issued by the AUTHORITY, is required when any construction or maintenance activities are within the Controlled Work Access Zone and when the CITY has a reasonable expectation that maintenance or construction vehicles will enter the Controlled Work Access Zone. A Track Access Permit will be issued to the CITY at no cost. The CITY agrees to apply for a Track Access Permit and to follow the AUTHORITY's track access procedures identified on the Track Access Permit before working within the Controlled Work Access Zone. Requirements stated on the permit must be followed. City Council 11 — 64 1/16/2024 Exhibit D Page 1 COOPERATIVE AGREEMENT NO. C-3-2323 EXHIBIT D Consistent with Exhibit B, Section 3.3, the CITY shall not issue any CITY permits to any third parties to work on CITY infrastructure in the Controlled Work Access Zone without prior evidence of a current AUTHORITY Track Access Permit. Emergency situations will be precluded from Track Access Permit requirements however, as circumstances permit, the AUTHORITY's Operations Control Center shall be notified of the situation. 5.0 TRACK ACCESS PROCEDURES The track access procedures shall be governed by the AUTHORITY and in compliance with the CPUC General Orders. The AUTHORITY shall keep the CITY apprised of any changes to the procedures. 6.0 TRACK ACCESS CERTIFICATION Dependent on CPUC requirements, the AUTHORITY requires all individuals performing work activities within the Controlled Work Access Zone to maintain track access certification. The AUTHORITY shall be responsible for training AUTHORITY employees and AUTHORITY contractors on track access requirements. Additionally, the AUTHORITY shall train the CITY, through a "Train the Trainer" program, to provide track access training to CITY employees and CITY contractors. The Train the Trainer program will be provided at no cost to the CITY. Once the CITY has been certified as a trainer, the CITY shall train CITY employees and CITY contractors to achieve track access certification. Alternatively, if the CITY requests periodic group training, AUTHORITY shall provide the training. Upon successful completion of such training, the AUTHORITY will issue the appropriate certificate. {Remainder of page intentionally left blank} City Council 11 — 65 1/16/2024 Exhibit D Page 2 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Infield Maintenance Services for City Parks and Facilities AGENDA TITLE Approve an Agreement with Professional Sports Field Maintenance, Inc. for Infield Maintenance Services at City Parks and Facilities in an Amount Not -to -Exceed $2,759,035 (RFP No.23-152) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Professional Sports Fields Maintenance, Inc., for infield maintenance services in an annual amount not -to -exceed $459,839, plus an annual contingency of $91,968, for a total amount not -to -exceed $2,759,035, for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA's Parks, Fleet, and Facilities Division provides infield maintenance services at city parks and facilities. The city contracts for ongoing, year-round scheduled infield maintenance to ensure the playing spaces meet high aesthetics, playability, and safety standards for baseball and softball players. The City has 34 diamonds that will be serviced a minimum of three times per week. Service frequency depends on the field use during baseball/softball season and year round. The contractor will prepare the fields depending on the frequencies outlined in the contract, providing a high -quality infield for baseball and softball. Daily, the contractor will scarify the infield while mixing infield mix and moister, providing optimal playing conditions for sports reservations or public use. Bi-monthly, the fields get scarified to cut down high and in -fill low spots while adding infield mix and stabilizer to absorb rain and reduce the field closures. Annually, the contractor will laser grade each infield and rebuild the pitchers and batter boxes to Major League Baseball specifications. The increased level of service includes annual laser grading and the addition of an infield mix to increase playability and reduce field closures. The current agreement is scheduled to expire on January 31, 2024, and does not have any remaining renewal options. The following table summarizes the field locations: City Council 12 — 1 1/16/2024 Infield Maintenance Services for City Parks and Facilities January 16, 2024 Page 2 City Park Number of Diamonds Adams Park 1 Cabrillo Park 1 Centennial Park 2 Delhi Park 1 El Salvador 5 Heritage Park 1 Jerome Park 3 Madison Park 2 Memorial Park 4 Morrison Park 1 Portola Park 1 Riverview Park 5 Rosita Park 2 Santiago Park 1 Thornton Park 3 Windsor Park 1 The Public Works Agency issued Request for Proposal (RFP) No. 23-152 on November 2, 2023, inviting qualified infield maintenance firms with relevant experience to submit their proposals to the City on PlanetBids. The RFP was advertised on the City's online bid management and publication system. A summary of the RFP and proposals received is as follows: 305 Vendors notified 28 Santa Ana vendors notified 24 Vendors downloaded the RFP packet 2 Proposals received 0 Proposals received from Santa Ana vendors Two proposals were received by the RFP deadline on November 30, 2023, opened, and both were deemed responsive. The selection committee with experience in infield maintenance and related program services evaluated all proposals. The selected, highest -ranked firm will provide infield maintenance services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: Firm Location Rank Professional Sports Field Maintenance, Inc. San Juan Capistrano, CA 1 Major League Infields, Inc. Fullerton, CA 2 City Council 12 — 2 1/16/2024 Infield Maintenance Services for City Parks and Facilities January 16, 2024 Page 3 Staff recommends awarding the agreement to the highest -ranked firm based on the City's projected needs. The proposal submitted by Professional Sports Field Maintenance, Inc. demonstrated they have the necessary capacity and expertise with similar contracts to provide infield maintenance services as specified in the RFP. Additionally, the rates provided by the firm are reasonable and within industry standard, and the proposal was determined to provide the best overall value for the City. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2023-2024 and will be budgeted in subsequent fiscal years, subject to City Council approval. Staff will request a budget carryover to the next fiscal year for any unspent budget necessary to complete the project. Accounting Fiscal Unit -Account Fund Accounting Unit, Year # Description Account Description Amount Park Maintenance 2023-24 01117651- General Service Enhancement, (Feb -Jun) 62320 Fund Maintenance & Repair $229,920 Buildings & Ground Park Maintenance 01117651- General Service Enhancement, 2024-25 62320 Fund Maintenance & Repair $551,807 Buildings & Ground Park Maintenance 01117651- General Service Enhancement, 2025-26 62320 Fund Maintenance & Repair $551,807 Buildings & Ground Park Maintenance 01117651- General Service Enhancement, 2026-27 62320 Fund Maintenance & Repair $551,807 Buildings & Ground Park Maintenance 01117651- General Service Enhancement, 2027-28 62320 Fund Maintenance & Repair $551,807 Buildings & Ground Park Maintenance 2028-29 01117651- General Service Enhancement, $321,887 (Jul -Dec) 62320 Fund Maintenance & Repair Buildings & Ground Total: $2,759,035 City Council 12 — 3 1/16/2024 Infield Maintenance Services for City Parks and Facilities January 16, 2024 Page 4 EXHIBIT(S) 1. Agreement with Professional Sports Field, Inc. Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 12 — 4 1/16/2024 EXHIBIT 1 AGREEMENT WITH PROFESSIONAL SPORTS FIELD, INC. TO PROVIDE INFIELD MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Professional Sports Field, Inc., a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2023, City issued Request for Proposal No. 23-152 ("RFP") seeking proposals from qualified firms and organizations to provide infield maintenance services to four designated districts within the City. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services, for the four designated districts, described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and attached here as Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,759,035 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $551,807, which includes a base annual amount of $459,839 plus a contingency of $91,968 for services to be exercised at the City's sole discretion. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made City Council 12 — 5 1/16/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 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 061 City Council 12 — 6 1/16/2024 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 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 or 25 04) or the general aggregate 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 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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 connectionwith 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 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). Primary Coverage For any claims related to this contract, the Consultant'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 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. 3 City Council 12 — 7 1/16/2024 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. 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. 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 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 2 City Council 12 — 8 1/16/2024 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. 5 City Council 12 — 9 1/16/2024 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 Con City Council 12 — 10 1/16/2024 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 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 7 City Council 12 —11 1/16/2024 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 To Consultant: Professional Sports Field Maintenance, Inc. Attn: Jesus Moreno, CEO 29466 Ridge Road San Juan Capistrano, CA 92675 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] City Council 12 — 12 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 6ri1 -f Jose ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency 9 CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONSULTANT: City Council 12 — 13 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 12 — 14 1/16/2024 (9)CITY OF SANTA ANA Exhibit A EXHIBIT I SCOPE OF SERVICES Introduction and Backround The City of Santa Ana intends to enter into an agreement with a contractor whose specialty is maintaining baseball/softball infields and warning tracks. State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in- field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below. Description of Work I. Ball Diamond Locations: Including Locations/Quantities/and Types of Diamonds A. DISTRICT 1 i. El Salvador Park a. Two (2) 60' base path Little League diamond with skinned brickdust infields. b. Three (3) base path T-Ball diamonds with skinned brickdust infields. ii. Riverview Park a. One (1) 60' base path Major Little League diamond with skinned brickdust infield b. One (1) 60' base path Major Little League diamond with sports turf and brickdust infield. c. One (1) Minor Little League diamond with sports turf and brickdust infield. d. Two (2) T-Ball Little League diamonds with sports turf and brickdust infield. iii. Rosita Park a. One (1) 80'/90' base path Little League Junior/Senior diamond with sport brickdust infield.One (1) 60' base path Major Little League diamond with sports turf and brickdust infield. B. DISTRICT 2 i. Cabrillo Park a. One (1) 80790' base path Little League Junior/Senior diamond with skinned brickdust infield. ii. Morrison Park a. One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. iii. Portola Park a. One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. "P Pj#;�Council a. One (1) 60' base tA3li t bAbl l diamond with skinnJ/l1#GAd 6TR-,Id. (9) CITY OF SANTA ANA C. DISTRICT 3 i. Delhi Park. a. One (1) 60' base path Little League diamond with skinned brickdust infield. ii. Madison Park a. One (1) 60' base path Major Little League diamond with skinned brickdust infield. b. One (1) T-Ball diamond with skinned brickdust infield. iii. Memorial Park a. One (1) 80790' base path Little League Junior/Senior diamond with sport turf brickdust infield. b. One (1) 60' base path Little League diamond with combination sport turf1/brickdust infield. c. Two (2) 60' base path Little League diamonds with skinned brickdust infields. D. DISTRICT 4 i. Adams Park a. One (1) 60' base path Little League diamond with skinned brickdust infield. ii. Centennial Park a. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. iii. Heritage Park a. One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. iv. Jerome Park a. One (1) 80790' base path Little League Junior/Senior diamond with sports turf/brickdust infield b. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. v. Thornton Park a. Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. vi. Windsor Park a. One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 11. Schedule of Work to be Completed A. DISTRICT 1 i. El Salvador Park a. 5 Days per week, January 1st to July 31s' b. 3 Day per week, August 1" to December 31s' ii. Riverview Park a. 5 Days per week. January 1st to July 31s' RFP a# ZCouncil b. 3 Day per week, I tsJntJqAQpGefter 31st 1/1 rPQP2 bf too (9) CITY OF SANTA ANA iii. Rosita Park a. 5 Days per week, January 1st to July 31s' b. 3 Day per week, August 1" to December 31s' B. DISTRICT 2 i. Cabrillo Park a. 5 Days per week, January 1st to July 31s' b. 3 Day per week, August 1" to December 31s' ii. Morrison Park a. 3 Days per week, year round iii. Portola Park a. 5 Days per week, January 111 to July 3111 b. 3 Day per week, August 1st to December 31s' iv. Santiago Park a. 5 Days per week year round C. DISTRICT 3 i. Delhi Park a. 3 Days per week, year round ii. Madison Park a. 5 Days per week, January 111 to July 31 It b. 3 Day per week, August 1" to December 31s' iii. Memorial Park a. 5 Days per week, January 111 to July 3111 b. 3 Day per week, August 111 to December 3111 D. DISTRICT 4 i. Adams Park a. 5 Days per week, January 111 to July 3111 b. 3 Day per week, August 111 to December 3111 ii. Centennial Park a. 5 Days per week, January 111 to July 3111 b. 3 Day per week, August 111 to December 3111 iii. Heritage Park a. 3 Days per week, year round iv. Jerome Park a. Field #1 i. 5 Days per week, January 1 st to July 31 st ii. 3 Day per week, August 1st to December 31s' b. Field #2 & #3 i. 5 Days per week, January 1 st to July 31 st RFP ;Qa#;2Council 3 Day perMeee 1' December 31s' 1 / 1 CPQ02,Af 100 (9) CITY OF SANTA ANA v. Thornton Park a. 5 Days per week year round vi. Windsor Park a. 5 Days per week, January 1st to July 31st b. 3 Day per week, August V to December 31st III. Ball Diamond Maintenance A. FIELD COMPOSITION MIX (BRICKDUST TO BE USED WHEN MAINTAINING INFIELDS) i. Field in General a. When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). Riverview Park ii. Pitchers Mound/Home Basepath Areas a. When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is Hill Topper Home Plate and Mound Mix.3 Day per week, August 1st to December 31s' iii. Warning Track a. (When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. B. EQUIPMENT The Contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equiptment: Utility Vehicle a. Small tight turn radius (13'R) vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. Drags Scarifying Drag a. Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be'/2' in diameter. Pull chain shall be included.10.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be'/2" in diameter. Pull chain shall be included. iii. Cutting and Leveling Drag a. Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall RFP;Qity2Council feature cutting b j� p� ttae_a�igistable and capable of pV$ &�vA Iirt build-up (high spo s) and depositing dirt into holes (low spots) creating a (9) CITY OF SANTA ANA smooth and level playing surface. Pull chain shall be included iv. Grooming or Finish Drag: a. Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. v. Nail Drag a. Used to lightly roughen the infield surface. Use True Pitch Mound Nail Drag or approved equal. C. OTHER EQUIPMENT i. Hand Tamp a. 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate, and pitching mounds. ii. Plastic Sheeting and Duct Tape a. Used to wrap hand tamp head and help prevent wet clay from sticking. iii. Grade or Grooming Rake a. Used to rake and fine -level areas. It shall be made of aluminum, 36" wide, and a 6' handle. iv. Heavy Duty Shovels a. Used to move material. Round/Square Point and Scoop shovels. v. Heavy Duty Hose a. Used to water down skinned area. Shall be 3/4" to 1)' top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. The contractor shall have a minimum of 175' of hose on hand at all times. vi. High-Pressue Nozzle a. Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. vii. Industrial Push Broom a. Used to remove excess brickdust from turf edges. It shall be 24" min. wide with heavy-duty dual -weight bristles. D. WET CONDITIONS EQUIPMENT During periods of inclement weather or when the areas are wet, the contractor shall have "on -hand" during all brickdust maintenance operations the following items: i. Squeegee a. Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with a neoprene blade and magnesium/aluminum head. ii. "Super Sopper" a. Used to collect standing water in brickdust areas. Shall be drum type with an PxtPrinrgpnngP and arm-hnirling drum RFP ;QJty2CounciI City of Santa AZ — 19 1 /1 r5QP2bf 100 iii. Diamond or Beckson Pump (9) CITY OF SANTA ANA a. Used to remove standing water in brickdust areas. It shall be plastic with flexible pistons and value. iv. Infield Sopper with Wringer and Bucket a. Used to collect standing water in brickdust areas. Sopper shall be a geotextile-covered sponge typical for absorbing chemical spills. E. CONTRACTOR MEETINGS & DESIGNATED POINTS OF CONTACT Contractor shall provide City of Santa Ana staff with a English-speaking point of contact person and a phone number to reach the contact person from the hours of 6:30 am - 5:00 pm, Monday — Saturday; year round. Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. November of each year for as long as the contract is in effect, Contractor shall personally meet with start: along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" F. DAILY INFIELD & WARINING TRACK MAINTENANCE i. General a. Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. b. Contractor shall keep brickdust and dugout areas in a clean and weed -free condition. Dugouts shall be completely free of any brickdust or other stains/gum, sunflower seeds, debris, etc. c. Contractor shall sweep/pressure wash out dugouts so they are 1 00% free of brickdust, brickdust stains or any other debris. d. Contractor shall clean mow strips, backstops, chain link fencing, including brickdust build up along bottom rails. Maintenance Procedure a. Contractor shall retain a smooth and level playing surface using the following daily procedures. The contractor shall remove all bases before beginning any work on the in -field and re -install after all work on the in -field is completed. After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. iii. The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place. iv. Home Plate Area/Batter's Box Area Holes RFP;Qjty2Council V. Sweep/R9%f -[oi29e brickdust-mound miAd$Q020,@yoo (9) CITY OF SANTA ANA vi. Wet area until moist. vii. Scarify area ('s) [batter's box hole ('s)] with a shovel. This will help the mix bind better. viii. In a 5-gallon bucket, mix "mound mix" with water to the desired consistency. Do not use infield mix for this purpose. ix. Backfill "mound -mix" material into hole ('s). X. Tamp the area firmly with a steel tamp. a. Note: The tamp will be most effective if you cover the bottom with plastic. A. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp bottom. xii. Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. iii. Pitchers Mound a. Follow the same procedure for repair of the home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. b. Add to the above the following: Rake all loose material from bottom to top and covet- with "Mound Mix". G. GENERAL BRICKDUST SKINNED INFIELD AREAS After raking/shoveling loose material from high spots back into low spots/warn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (w/stabilizer) brickdust from stock and make level. The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing, and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. Lightly water the entire infield before dragging. a. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going airborne. iii. Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used iv. Alternate drag patterns or reverse the direction of drag patterns daily to avoid ruts and high/low areas. The speed of the drag procedure shall not exceed seven (7) mph. v. When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap .,hall al.,n apply to all hark.,tnp., and rhain link fPnra area., RFP ;QJty2CounciI City of Santa AZ — 21 1 /1 rpQ0200f 100 vi. Contractor shall hand -rake all base paths on combination turf/brickdust infields. (9) CITY OF SANTA ANA vii. When the dragging process is complete, the contractor shall stop the drag in a different location daily. viii. This will stop the accumulation of brickdust in focused areas. At this time, roll up the drag, place it on the vehicle, remove all debris accumulated in the drag at this spot, and rake out material emptied from the drag. ix. After dragging, hand rake the 18" edges using the "grade or grooming rake." The rake shall be held at an angle to not push brickdust onto/into turf areas. x. After raking the 36" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high-pressure water nozzle or heavy-duty broom. NO brickdust shall be permitted on the turf edges at any time. If, in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '/2' or greater) in any turf/brickdust border area infield to brickdust, base paths or brickdust to outfield), the contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation al contractors expense. Pre-existing conditions shall be corrected during contract start-up. H. FINAL WATERING This is the Most time-consuming and very important element of the procedure. The contractor shall finally water the skinned brickdust to a depth of/4' minimum. Rainy Weather/Wet Field Procedure a. On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: i. Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. ii. Rake out (scarify) wet areas. iii. Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. iv. Contractor shall keep Turface Quick Dry Infield Mix in stock during rainy season and make a good faith effort to prepare the fields for play. Can include Saturday and Sunday work. I. WORK TO BE COMPLETED SIX (6) TlWork to be completed Six (6) Times Per Year i. To maintain the levelness of all fields, the contractor shall, once every two months, scarify drag - built-up amounts of materials at high spots and cut and level drag the scarified material to low spots. ii. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. a Nntw Staff shall identify areas to scarify/cut and IPvPI drag to the rnntractor RFP;Qaty2Council at weekly meetircg9(w y,#tWr22hted site supervisor 1/1$QP�Afjoo (9) CITY OF SANTA ANA iii. Heavy water scarified, cut, and leveled areas to a '/2"min. depth and allow settling in before play on field. a. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi monthly scarify/cut and level drag dates to contractor. J. WORK TO BE COMPLETED ANNUALLY i. Each year, the following renovation will be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. ii. Contractor shall laser grade each ball diamond. iii. The contractor shall scarify drag built-up amounts of materials at high spots and cut and level drag the scarified material to low spots. iv. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. a. Note: Staff shall identify areas to scarify/cut, and level drag at the November meeting with the contractor's owner v. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. vi. Contractor shall verify and maintain all base distances, pitching rubber distances, and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field. vii. The contractor shall use surveying equipment to verify that the first and third bases are true 90-degree angles, the second base is 45 degrees, and the foul poles are in the correct location from the apex of the home plate. viii. The contractor shall repair any specifications not being met in any field. In addition, the Director's Representative (DR) may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the DR may elect to pay extra for the Contractor to install a minimum of 2 tons of surface calcite clay per girls' Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. ix. Contractor shall rebuild pitcher's mound and batter boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. K. WORK TO BE COMPLETED "AS DIRECTED" i. Replace Base Anchors as directed. a. Note- City of Santa Ana uses the Hollywood Breakaway base anchoring RFP;Qity2Council system. The coJ[t9qJG,6AbAZiAsJWI base anchors into th4)gr roo manufacturer's standards. Top of stake shall be approximately 2" below the (9) CITY OF SANTA ANA surface grade so that the base sits level and flush against the surface on all sides. ii. Replace Bases as directed. a. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. iii. Replace or Remove/Level/Re-install home plates as directed. The home plate shall be I" above the finish grade of batters circle iv. Replace or Remove/Level/Re-install pitching rubbers as directed. a. City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. v. When given direction to complete "as directed" work, the contractor shall complete the directed work on the next working day. L. SPORTS TURF (INFIELD/WARNING TRACK/CRICKET FIELD) MAINTENANCE Sports turf shall mean all sports turf in the infield, the foul territory of the infield, 36" beyond the infield skin line/arc, and 36" from the warning track brickdust skin line at Riverview and Memorial Park. Sports turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk -behind reel mower - Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers ( 180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul territories. Additional mowers may be submitted for approval by the City. Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk -behind "greens" reel mower to provide a "putting green" quality finish cut. iii. Sport turf shall be cut between '/2" and 1/4" per Director's Representative direction. iv. All turf clippings shall be collected and disposed of. v. Edging of infield arc shall be performed by infield sub. vi. Straight lines shall be edged by running a string line to ensure lines are edged perfectly straight. vii. Sports turf shall be irrigated to maximize the healthy growth of the turf while conserving water. Overwatering will not be acceptable. viii. Contractor shall check and program the automatic irrigation controller as often as necessary to ensure the correct amount of water is applied to the infield sports turf. ix. Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as -needed basis to ensure a high -quality turf infield. x. Optional As Extra Work- Sports turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the aaronomic plan. The Contractor shall use California Oraanic oroducts'Phvta- Boost' RFP;Qa#;2Council 7-1-2 fertilizer at 600 p@WI%aq@rA e24nd 'Compel' compostjjj I q& per acre. (9) CITY OF SANTA ANA A. Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. xii. Sport turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. xiii. Sport turf shall be kept weed -free at all times. a. Any grasses other than the original hybrid Bermuda and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The contractor may choose the eradication method; however, it may not damage the turf. b. Any broad leaf and/or turf -type weeds shall be eradicated immediately upon notice. The Contractor may choose the eradication method; however, it may not damage the turf. xiv. Sport turf shall be kept pest -free of disease and rodents at all times. a. The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. M. SPORTS TURF RENOVATION -OVER SEEDING i. Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority Turf Annual Schedule. All seed quantities and types specified shall be verified by the DR prior to any applications. The process for renovation- overseeding shall be as follows: a. The contractor shall install a 6' high temporary construction fence around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeding in accordance with the park map depicting the sport/priority turf areas. b. Turf shall be mowed down to'/4'. All turf clippings shall be removed. c. Turf shall be aerated using the Ryan piston -driven aeration equipment. The contractor shall make two passes in different directions per the Director's Representative's direction. d. Turf shall then be verticut using the greens mower with verticut reels (straight blades 1.5" to 2" apart). Following verticutting all turf clippings shall be removed. e. Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. f. Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall evenly overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 350 pounds per acre and b) Stover Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65 pounds per acre. g. Immediately after overseeding the Contractor shall evenly apply '/4" minus STA approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fe1 tilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer). h ImmPd!;;tPly fnllnwing applging tnpppr the C;nntrartnr -,hall rnnrrlinate with RFP ;Qa#;2Council the Irrigation C@rt I_WRt A0-pr2Eram irrigation controll *AWftqA@ the seeded areas. The irrigation programs shall be set to maximize germination (9) CITY OF SANTA ANA of seed. Once the renovation process is complete, the It1 -igation Consultant shall retake control of the irrigation programming. N. OVERSEEDING GERMINATION GUARANTEE The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turflmproved Kikuyu during the warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of fieldclosure. The DR shall determine the quantity of thick -cut sod needed to achieve 100% coverage. O. REPLANTING i. As turf begins to stress, die back, or become thin in appearance for any reason, the Contractor shall immediately install thick cut sod (thickest available cut) West Coast Turf Improved Kikuyu during wa11 n season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial ryegrass. ii. The Contractor shall apply supplemental water to hydrate the affected area(a). iii. The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company AZ! Kikuyugrass (spring/summer) or Stovers Grand Slam FS (fall/winter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35 cubic yards per acre pre -mixed with California Organic 6-1-2 Kickstm1 fertilizer at a rate of 600 pounds per acre. iv. Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West Coast Turf Bandera Bermuda (spring/summer). v. The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. vi. The Contractor also understands and accepts that park areas are very heavily used, including increased foot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay. P. GENERAL CONTRACT PROVISIONS Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. RFP;Qjty2CounciI City of Santa AZ- 26 1/1 CPQ0214f 100 (9) CITY OF SANTA ANA EXHIBIT II ADDITIONAL TERMS AND CONDITIONS I. Contractor Responsibilities Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be reasonable for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Q. General Conditions i. Definitions a. "Director's Representative" (DR) shall mean the Executive Director of Parks, Recreation and Community Services designated representative( s) b. "SAPRF" shall mean Santa Ana Park and Recreation Facilities. c. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming" d. "Weed" shall mean any undesirable or misplaced plant. e. "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. R. Scheduling of Work i. The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the DRs consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. ii. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules -listing the work tasks, the crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to the Director's Representative by Thursday at 4:00 p.m. for the upcoming week. Any changes in the schedule shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. S. Local Office i. The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday, 8:00 a.m. to 5:00 p.m., RFP;Qity2CoundI wi a company representative pr e_n a Imes. nsweringl� �v mobile telephones will not be ccO� local office. Storage yard or aci yv i I riot be (9) CITY OF SANTA ANA available for this contract. T. Emergency Response i. The contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. U. Extra Work or Outside the Scope of Work Damage or malfunction to site amenities, plant material, or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: a. Acts of God b. Civil Disorder c. Vehicle Collision (excluding Contractor and its employees and subs) d. Excavation or Re -surfacing of the Street e. Power Failures f. Underground Wiring Damage g. Extra Work Requested by the DR Contractor will not be considered responsible for replacemen cost. The contractor must prove to the satisfaction of the Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. iii. Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be compensated: a. Labor- 25% above prevailing wage b. Materials- 15% above retail contractor's cost c. Equip Rent-15% above contractor's cost V. All Extra Work or Outside the Scope of Work Damage work shall be performed by the contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work- Damage work shall not be charged as Extra Work. 11. Uniforms and Vehcile Identification W. The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests, and ANSI -approved safety shoes. All uniforms will be marked by patch, silkscreen, or embroidery with the company name and logo or other form of identification. X. All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance, and without extensive visible damage, dirt, graffiti, etc. In addition, all vehicles shall have the company's name, contractor's license number, and contact information clearly identified on both sides and the rear of the vehicle. RFP ;Qa#V_ACTbed0R reserves the right to dij9WbJh@AQpnt2&tor to remove an erriVI'b WMpjwe of equipment for not meeting high maintenance and appearance standards. (9) IV. Safety Requirements CITY OF SANTA ANA A. All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be in compliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. B. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. C. In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion, order the Contractor to stop performing and pay all costs and or damages resulting from the delay. D. The Contractor shall perform all safety training required by OSHA, CaIOSHA, and any and all authoritative government entities having authority over required safety training. E. In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan, which shall include the annual OSHA safety training schedule and updated OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. V. Safety Notification A. If Contractor identifies a potential safety issue, Contractor shall: i. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitutes around the condition. ii. Notify the DR of the condition first by phone and then in writing (e-mail is acceptable), including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, the Contractor shall have no further responsibility regarding the condition. VI. Undergound Alert Systems A. Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 - hours in advance prior to any excavation work. VI1. Property Damage A. Any damage to private property caused by the Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. Vill. Access to Private Property RFP �QJ .C19doclto any work involving prb1@t,9sprQ t)�, 2@e Contractor shall no4VOW #yigf the proposed work and obtain all necessary permits and/or consent required from the City (9) and/or property owner CITY OF SANTA ANA IX. Protection and Restoration of Existing Improvements A. The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" X. Traffic Control A. The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City, Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. XI. Monthly Reports A. Prior to the first of each month, the Contractor shall submit to the DR for approval: i. The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit I ii. A copy of certified payroll sent to the Department of Industrial Relations. on the required format/forms of employees assigned to the contract areas; iii. An updated organizational chart, or equal, listing the names, titles, schedules, and number of Full -Time Equivalent (FTE'S) assignments of all persons working in the contract areas; iv. Invoices and packing slips of name, type, and quantities of commodities purchased; v. Green Waste recycling report including tonnage and name/location of the green waste recycling plant. B. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. C. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. XII. Water Conservation & Programming of Controllers A. The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. XIII. Specifications Interpretation A. The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed in writing nrinr to the -,tart of wnrk ThP (nntrar:tnr agrPPG that intPrnrPtatinnc of this r:nntrnr:t after the RFP �QiIY2CsbrtoY work are at the sole disco;@tW%oLU-DI30and the Contractor shdW faHosuch interpretations. (9) CITY OF SANTA ANA XIV. Protection of Existing Facilities and Structures A. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or the DR shall make the determination of fault. The DR reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage within twenty-four (24) hours of the damage incurred. B. If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precautions when working in these areas. C. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the DR and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized DR for a timely resolution of the problem. XV. Substitutions A. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. XVI. Certifiication & Application of Materials A. All materials shall be delivered to the site in original containers. Materials shall be subject to inspection by the DR. The DR will not approve materials not meeting the SAPRF standards, and the Contractor shall return any such non -satisfactory items at his/her cost. B. No materials shall be applied prior to the DR verifying the specified quantities of materials. Furthe1 more, should the Contractor apply materials before the DR verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. XVII. Contractor Neglect A. Any damage to the City of Santa Ana, SAPRF, or private prope1ty, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. XVIII. Contstruction Equiptment A. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. XIX. Smind Cnntrnl RPnu' mPnts RFP �QJ{y2Councll City of Santa 31 rpQ020f 100 A. The Contractor shall comply with all local sound control and noise level rules, regulations (9) CITY OF SANTA ANA and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any pu 11 iose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore, Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. XX. Inquiries & Complaints A. The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, DR, and/or private citizens during normal working hours. B. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the DR may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force, All costs of any such action shall be charged against the Contractor, or the DR may deduct such cost from any amount due to Contractor. C. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or DR. If any complaint is not abated within a reasonable time, the DR shall be notified immediately of the reason for not abating the complaint followed by a written report to the DR within five (5) days, If the complaints are not abated within the time specified or to the satisfaction of the DR, the DR may collect the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges XXI. Notification of Locations of Work A. The Contractor shall notify the DR when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. XXII. Work Force A. The DR may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the DR, the DR shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. XXIII. Materials A. The DR shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the DR inspects the materials to confirm they are correct per specifications. Note that the DR may stay at the work site to confirm that all materials art- npplieri rom-r:tly and in the giiantitiPG -,pt-r:ifit-d Matt-rial-. applieri by the RFP ;QJity2C6nnt 6ctor prior to the DR ink figg, U-f62erials shall be consiM,applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified (9) CITY OF SANTA ANA material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the DR approval, apply the materials in the presence of the DR. B. Prior to the application or use of any materials, the Contractor shall submit to the DR a minimum of 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the product's specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage, and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. i. The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. iii. Pesticides, including but not limited to Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides, shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. iv. Materials shall, as specified herein, matching those existing at the work site or as specified by the DR. v. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. XXIV. Trash Disposal and Recycling A. All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. XXV. Prevailing Wage Determination A. General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter I, Article 2, Sections 1 770, 1773 and 1773.1 is: CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC- LML-2019-1 ISSUE DATE: February 22, 2019 EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a new termination issued by the Director of Industrial Relations. XXVI. City Responsibilities RFP �Qa C6lUMDIRECTOR'S AUTHORITcYy of s,,t, AZ- 33 1/1 CPQ0200f 100 (9) CITY OF SANTA ANA The DR is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the DR. In the event that the Contractor effects any such changes at the direction of any person other than the DR, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the DR shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The DR Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the DR may recommend that all or a portion of payment be withheld. In addition, the DR shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable fo1 - said deficiency and will be billed accordingly. iii. The DR shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sourc RFP ;QJity2Council City of Santa AZ— 34 1/1 rpQ020f 100 EXHIBIT B COMPENSATION — PROPOSAL PRICING City Council 12 — 35 1/16/2024 Exhibit B (a CITY OF SANTA ANA ATTACHMENT A-2 PROPOSAL PRiC1NG "*Pricing information for each site should be as accurate as possible. Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites iii During sparks field renovation cost will vary DISTRICT 1 ANNUAL AMOUNT El Salvador Park50, # Riverview 1 $50,153. i POIsita Park 1 � TOTAL DISTRICT 2 E ANNUAL AMOUNT Cabrillo Park $21 772 mor0son Park 11 965 Portola Park $15 275 Santiago. Park TOTAL I $17,575 I $56 587 SERVICE COST PER WEEK 60 86 $285 $2 005 SERVICE COST PER WEEK $325 $210 30 $1 12Q DISTRICT 3 ANNUAL AMOUNT Delhi Park $10 236 Madison Park Memorial Park 7 528 TOTAL �38 099 DISTRiCT4 ANNUAL AMOUNT Adams Park (3,177 Centennial Park $29 825 Heritage Park $11 781 Jerome Park 61 974 Thomtori Park $50 939 ! Windoor Park Tf�TAL $175,787 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. examined the. Scope of Services and am familiar with the scope of work locations. t am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that 1 am responsible for reporting any errors, omissions or discrepancies to the City for Clarification prior to the submission of my proposal. SERVICE COST PER WEEK 510 360 Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The aroposerurarrants that the prices, terrrrs and conditio cf quoted wili De valid for a period of 120 days from the date the proposal is due, in order to allow time to award an aareemew Printed Agent 1/ THIS DORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 23-152 City of Santa Ana Page 93 of 100 City Council 12 — 36 1/16/2024 Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Approve Agreement for Integrated Pest Management and Pest Control Services for City Parks and Facilities AGENDA TITLE Approve an Agreement with RPW Services, Inc. for Integrated Pest Management (IPM) and Pest Control Services at City Parks and Facilities in an Amount Not to Exceed $3,966,300 (RFP No. 23-153) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with RPW Services, Inc. for integrated pest management and pest control services in an annual amount not -to - exceed $661,050, plus an annual contingency of $132,210, for a total amount not -to - exceed $3,966,300 for a three-year term beginning on February 1, 2024 and expiring January 31, 2027 with provisions for two, one-year extensions (Agreement No. A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA's Parks, Fleet, and Facilities Division provides landscape maintenance services at city parks and facilities. The city contracts for continuous Integrated Pest Management (IPM) and pest control services at city parks and facilities. IPM is a systematic approach for turf and open spaces management, reducing weeds and pests while promoting clean, healthy, and safe open spaces. The current agreement is scheduled to expire on January 31, 2024, and does not have any remaining renewal options. The Public Works Agency issued Request for Proposal (RFP No. 23-153) on November 16, 2023, inviting qualified IPM and pest control service firms with relevant experience to submit their proposals to the City through PlanetBids. The RFP was advertised on the City's online bid management and publication system. A summary of the RFP and proposals received is as follows: 303 Vendors notified 33 Santa Ana vendors notified 21 Vendors downloaded the RFP packet 2 Proposals received City Council 13 — 1 1/16/2024 Approve Agreement for Integrated Pest Management and Pest Control Citywide January 16, 2024 Page 2 0 Proposals received from Santa Ana vendors Two proposals were received by the RFP deadline on November 30, 2023, opened, and both were deemed responsive. The selection committee evaluated all proposals with experience in integrated pest management and related program services. The highest - ranked firm will provide integrated pest management services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: Firm Location Rank RPW Services, Inc. Orange, CA 1 Pest Options, Inc. Fullerton, CA 2 Staff recommends awarding the agreement to the highest -ranked firm based on the City's projected needs. The proposal submitted by RPW Services, Inc. demonstrated they have the necessary capacity and expertise with similar contracts to provide IPM and pest control services as specified in the RFP. Additionally, the rates provided by the firm are reasonable and within industry standard, and the proposal was determined to provide the best overall value for the City. RPW Services, Inc. has provided on -call weed spraying services to the Street Maintenance Division of Public Works. This project is their first City project with the Park Maintenance Division. FISCAL IMPACT Funding is available in FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Account Description Account # Description 2023-24 01117651- General Fund Park Maintenance $276,300 Feb -June 62320 Service, Enhancement, Maintenance & Repair, Buildings & Ground 01113220- General Fund PRCSA — Zoo, $24,861 62300 Contract Services - Professional 07417655- General Fund Civic Center $29,365 62320 Maintenance & Repair Building FY 23-24 Total $330,526 City Council 13 — 2 1/16/2024 Approve Agreement for Integrated Pest Management and Pest Control Citywide January 16, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Account Description Account # Description FY 2024- 01117651- General Fund Park Maintenance $2,652,475 25 to FY 62320 Service 2027-28 Enhancement, Maintenance & Repair Buildings & Ground 01113220- General Fund PRCSA — Zoo, $238,661 62300 Contract Services - Professional 07417655- General Fund Civic Center $281,904 62320 Maintenance, Maintenance & Repair Building FY 2024-25 to FY 2027-28 Total $3,173,040 FY 2028- 01117651- General Fund Park Maintenance $386,820 29 62320 Service July -Jan Enhancement, Maintenance & Repair Buildings & Ground 01113220- General Fund PRCSA — Zoo, $34,805 62300 Contract Services — Professional 07417655- General Fund Civic Center $41,110 62320 Maintenance, Maintenance & Repair Building FY 2028-29 (July -Jan) Total $462,735 TOTAL $3,966,300 EXHIBIT(S) 1. Agreement with RPW Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 13 — 3 1/16/2024 EXHIBIT 1 AGREEMENT WITH RPW SERVICES, INC. TO PROVIDE INTEGRATED PEST MANAGEMENT AND PEST CONTROL SERVICES THIS AGREEMENT is made and entered into on this 16t' day of January, 2024 by and between RPW Services, Inc., a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 26, 2023, City issued Request for Proposal No. 23-153 ("UP") seeking proposals from qualified firms and organizations to provide integrated pest management and pest control services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A and as detailed in the site maps provided in Exhibit B, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and attached here as Exhibit C. The total sum to be expended under this Agreement shall not exceed $3,966,300 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $793,260, which includes a base annual amount of $661,050 plus a contingency of $132,210 for services to be exercised at the City's sole discretion. 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. City and City Council 13 — 4 1/16/2024 Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT 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. 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 061 City Council 13 — 5 1/16/2024 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 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 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant 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. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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 connectionwith such 3 City Council 13 — 6 1/16/2024 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 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). Primary Coverage For any claims related to this contract, the Consultant'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 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. 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 ANII, unless otherwise acceptable to the City. 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. 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. 4 City Council 13 — 7 1/16/2024 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. 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. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 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 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. 9. 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' 5 City Council 13 — 8 1/16/2024 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. 40. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no 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 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 Con City Council 13 — 9 1/16/2024 Agreement. Consultant 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 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. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. 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. 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 7 City Council 13 — 10 1/16/2024 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 connection with or by reason of this Agreement. 19. 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. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk 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 To Consultant: RPW Services, Inc. Attn: Paul Webb, President 2330 N. Pacific St. Orange, CA 92865 City Council 13 —11 1/16/2024 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. 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. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _ Jose ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency 0 CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONSULTANT: Pau%Web President City Council 13 — 12 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 13 — 13 1/16/2024 Exhibit A CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is the Contractor's obligation to fully understand the Intergrated Pest Management (IPM) & Pest Control Services. Additionally, for all mulch and compost needs that may be necessary for IPM and Pest Control Services, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: a. General description of how and where the product was used and applied; b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; c. Quantity and type of each product; and d. Invoice or other record demonstrating purchase or procurement I. Description of Work ROUTINE MAINTENANCE The City of Santa Ana, Park Services Division embraces and promotes sustainable site design and management principles and best management practices where feasible. The use of Integrated Pest Management (IPM) and organic pesticides, in lieu of traditional synthetic pesticides, are encouraged and, in cases listed herein, required as a part of this agreement. The Contractor, as part of our site management subject expert, shall play an important role toward recommending, using and collecting data concerning the use of IPM and organic pesticide products as specified herein. The Contractor shall assign the appropriate number of staff at the appropriate skill level and rank in their organization, to continuously improve the quality of Santa Ana Parks and Facilities. The Contractor understands and agrees by entering into the agreement with the City of Santa Ana Park Services Director's Representative (DR) shall be the sole source of interpreting the RFP ;Qaty1 Council City of Santa A3 - 14 1 /16424 of 99 (9) CITY OF SANTA ANA specifications and the quality of work specified herein in writing. Should the Contractor fail to provide the City with the level of service specified, the DR shall have the authority to direct the Contractor to add additional staff, equipment or both to achieve the maintenance standards specified herein. Each week the Contractor's Supervisor or their designated representative shall inspect each site and respond to IPM and pest control issues. The Contractor shall also take a time/date stamped photographs documenting site inspections and noting any issues relating to but not limited to safety, maintenance, malfunctions, vandalism, hazardous conditions or otherwise abnormal conditions that are inconsistent with the quality standards specified herein or threaten people and/or property by reporting the condition immediately to the DR. Failure to inspect each site on a daily occurance before 9:00am will result in a $300 penalty per site. Routine maintenance shall include, but, not be limited to the following services performed at the Work Sites and per the City of Santa Ana Parks Maintenance location maps. 1. Certification of Applicators a. All IPM and agricultural pest control employee -applicators shall possess and maintain a state licensed/certified agricultural pest control Qualified Applicators License (QAL) or a Qualified Applicators Certificate (QAC). Any employee serving as an assistant(s) shall not be required to possess at QAL or QAC. At no time shall an unlicensed or uncertified employee perform any application of pesticides including, but not limited to, applying IPM, organic and/or pest control products. 2. Integrated Pest Management (IPM) & Organic Pesticide Products BMP's a. IPM best management practices and products shall be the first option considered for all pest control needs. When confronted with a pest issue, the Contractor shall demonstrate to the DRs satisfaction, that all IPM/Organic products and methods were considered before recommending synthetic pesticides/products for pest control. 3. Notification of Intent (NOI) to Apply Pesticides a. The Contractor shall notify the Orange County Agricultural Commissioner's Inspector (whose area or responsibility is the City of Santa Ana) directly and copy the DR via email a minimum of 48 hours in advance of any proposed IPM/pesticide applications. The required information shall be the name of the proposed IPM, organic or pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application (see Attachment _) 4. On -Site Public Notification a. Prior to starting any IPM/pest control applications, the Contractor provide A -frame barricades, and shall post plastic sealed 18"x24" signs at a maximum 300' intervals (where applicable) public notification posters listing the company performing the application, the proposed pesticides to be applied listing the manufacturer/name of the pesticide, the rate(s) of application, the reentry period and the method of application. RFP ;Gaty1 Council City of Santa A3 - 15 1/1 6QQZ of 99 a CITY OF SANTA ANA The Contractor shall have an assistant assigned to watch -out for the general public and, if any person attempts to enter the area where IPM/pest control products are being applied, to protect them by stopping their entry into the application zone. Should a person(s) from the general public ignore the assistants warnings, the assistant shall cause the QAL/QAC Applicator to cease operations until the DR can be contacted for assistance. c. Following completion of the QAL/QAC Applicators applications, the Contractor's Assistant shall continue to protect the general public by warning them not to enter the pest control application zone until the re-entry zone time frame has passed. 5. Integrated Pest Management (IPM) & Pest Control Services a. Weed Abatement All casual and priority/sports turf areas shall always be free of weeds. Weeds shall be removed by hand and/or approved mechanical, organic or herbicide methods. The Contractor shall apply post -emergent herbicides a minimum of one (1) time per month to abate all weeds to turf areas being careful to not damage or eradicate non -target plant material. The Contractor shall be responsible for the replacement of any non -target plant material of like quantities, size and species per the DRs direction. In addition, the DR may dispatch City staff or other contractor's to remove/eradicate weeds that reach one (1) inch or greater or when weeds exist in turf areas and are not removed/eradicated immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. The Contractor may elect to apply pre -emergent herbicides as a strategy to reduce the germination of weeds at park properties. Should the Contractor elect to apply pre -emergent herbicides to control the germination of weeds, they shall get written approval from the DR prior to applying specific products. Note, should pre -emergent herbicides harm plant material, the Contractor shall remove the damaged plant material and replace the affected area with like quantities, sizes and species of plant material to the satisfaction of the DR. b. Sport/Priority Turf Management Support Perennial Rye Grass Eradication - Beginning in April all sport/priority turf shall have post -emergent herbicide Revolver (16-17 oz./acre), non- ionic surfactant, a turf marker and ferrous oxide pre -mixed in a tank to eradicate perennial rye grass, poa annual and other turf species indicated on the product label. Following the initial application, the Contractor shall continuously apply post emergent herbicides to eradicate all turf and broadleaf weeds. c. Disease and Pest Control RFP ;Gaty1 Council City of Santa A3 — 16 1 / 1 6QQa24 of 99 (9) CITY OF SANTA ANA The Contractor shall inspect weekly all landscaped turf areas for the presence of disease, fungus, insect, rodent infestation, or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, rats, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor using the safest and most expedient method. Note that rodents, such as rats, if found in the landscape, regardless of whether or not they inhabit adjacent buildings, are considered agricultural pests and shall be treated as a part of this agreement. If any plant material (turf, groundcover, shrubs, trees) dies due to pest damages the Contractor will be required to replace the plant with like quantities, species and size at no extra cost to the City. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with thick cut West Coast Turf Bandera Bermuda (during spring/summer) and thick cut West Coast Turf Bandera Bermuda that has been cropped over with Perennial Rye grass (during fall/winter). 6. Soil Fertility & Fertilization Services a. Biological Soil Testing & Analysis a. Twice per year the Contractor shall hire a subcontractor specializing in soil/water/plant tissue testing to perform biological and traditional soil testing at each park on groundcover/shrub/trees/turf soils so they can gather information regarding soil nutrient levels, compaction, composition, potential of hydrogen (PH), compost and all aspects of a soils biological health. The contractor shall also test water quality and soil analysis to determine which soil beneficial biologicals are present and in need of being added to soils. Following soil testing, the Contractor shall provide a report to the Park Services Inspection Supervisor for each sample taken which makes specific recommendations to be considered for improving the overall health and vitality of the soil. 7. Landscape Areas —All landscape areas shall be fertilized using the following products and rates: a. Casual Turf: California Organics Phyta Grow Leafy Green 7-1-2 granular slow - release fertilizer at a rate of 500 pounds per acre one (2) time per year in March and August. b. Sport/Priority Turf: California Organics Phyta Grow Leafy Green 7-1-2 granular slow -release synthetic fertilizer at a rate of 700 pounds per acre one (2) time per year in April and October. c. All Palms and Cycads shall be fertilized two times per year using California Organic Phyta-Boost 7-1-2 at five pounds per cycad/palm and California Organic Compel pelletized organic compost at 3 pounds per Palm/Cycad. RFP ;Qaty1 Council City of Santa A3 — 17 1 / 1 6Q424 of 99 aCITY OF SANTA ANA 8. Integrated Pest Management (IPM) & Organic Pest Management & Data Collection Sites a. (Optional, Additional work) Each landscape -grounds park district shall have one (1) designated test site for use of IPM/Organic Pest Management control measures only. The Contractor shall manage and collect data at the sites utilizing only IPM/Organic pesticides and/or manual/mechanical control measures only: i. District 1 — 17t" Street Triangle Park ii. District 2 — Angels Community Park iii. District 3 — Heritage Park iv. District 4 — McFadden Triangle Park 9. Annual Cost -Benefit Analysis Report a. Each year the Contractor shall prepare a Cost -Benefit Analysis report identifying specific comparative costs, benefits, and/or challenges, associated with the use of IPM/Organic pesticide and use of manual/mechanical labor to control pests in the four (4) designated IPM/Organic park sites versus the other park sites which may also use synthetic pest control products. b. The report shall specifically report all pesticides (IPM/organic/synthetic), what type of pesticide category they belong too, their brand names, active ingredient and percent, EPA#, whether they are liquid, granular, wettable powder, etc., the total annual quantities applied and manual/mechanical labor in hours needed to control pests throughout the designated test sites in the four (4) districts versus the other park sites which may use synthetic pest control measures. c. The report shall list the total annual cost of materials, labor and equipment used to control pests in the four (4) per park site and also be broken down by cost per acre. The report shall also have the total annual cost of materials, labor and equipment to control pests in the other parks which may use traditional synthetic control products. The report shall compare the cost, benefits, challenges, and have recommendations for future consideration. Note, the DR shall have the authority to add additional cost -benefit report criteria as deemed necessary. Should the DR require additional cost -benefit information, he/she shall submit to the Contractor the direction in writing. d. The Contractor's shall create an annual cost -benefit analysis report to be sent to the DR, shall include an Executive Summary, a narrative describing the general findings based upon the data collected and recommendations for the City's consideration 10. Specialized Maintenance a. Santa Ana Zoo Chemical Use - All pesticides and fertilizers must be approved as safe for the animals by the Zoo Manager or Zoo Veterinarian prior to their application at the Zoo. The Zoo Manager or their representative shall be informed prior to any application of chemicals/fertilizers on zoo property. RFP ;Gaty1 Council City of Santa A3 - 18 1 /16Q42$ of 99 a Definitions CITY OF SANTA ANA EXHIBIT II ADDITIONAL TERMS AND CONDITIONS 1. Director's Representative (DR): shall mean the Executive Director of Parks, Recreation and Community Services designated representative(s). 2. Weed: any undesirable or misplaced plant. 3. Hardscape: any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. 4. Integrated Pest Management (IPM): any biological live pest control solution. 5. Organic: any non -synthetic product pest control solution. 6. Synthetic: any non-IPM or organic pest control solution 7. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 8. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 9. Recovered Organic Waste Products: Products made from California, landfill -diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 10. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 11. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section 18993.1(f)(4) for the duration of the applicable procurement compliance year. RFP ;Gaty1 Council City of Santa A3 — 19 1 / 1 6Q424 of 99 (9) Scheduling of Work CITY OF SANTA ANA The Contractor shall provide IPM/organic/synthetic pest control maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise can begin at 8:00 am. 2. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 3. Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 4. Emergency Response — The Contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. Extra Work or Outside the Scope of Work 1. Damage or malfunction to site amenities, plant material or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: a. Acts of God b. Civil Disorder c. Vehicle Collision (excluding Contractor and its employees and subs) d. Excavation or Re -surfacing of the Street e. Power Failures f. Underground Wiring Damage g. Extra Work Requested by the Director's Representative 2. Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) 1. Shall be compensated at the following percentages: a. Labor - 25% above prevailing wage RFP ;Qaty1 Council City of Santa A3 — 20 1 / 1 6Q424 of 99 aCITY OF SANTA ANA b. Materials - 15% above retail contractors cost c. Equipment Rental - 15% above contractor's cost 2. All Extra Work or Outside the Scope of Work -Damage work shall be performed by Contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work -Damage work shall not be charged as Extra Work. Uniforms & Vehicle Identification 1. The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2. All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 3. The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. Safety Requirements 1. All work performed under this contract shall be completed with maximum safety as the priority above all ther requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. 2. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 3. In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may, at his discretion, order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 4. The Contractor shall perform all safety training required by OSHA, CalOSHA and any and all authoritative government entities having authority over required safety training. 5. In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall include the annual OSHA safety training schedule and update OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. RFP ;Gaty1 Council City of Santa A3 - 21 1 / 1 6Q424 of 99 a Saftey Notification CITY OF SANTA ANA If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. Underground Alert Systems 1. Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-hours in advance prior to any excavation work. Propety Damage 1. Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. Access to Private Property 1. Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner Protection and Restoration of Existing Improvements The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4) Traffic Control The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes 35 miles per hour or greater, or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. RFP ;Gaty1 Council City of Santa A3 — 22 1 / 1 6Q424 of 99 aCITY OF SANTA ANA Monthly Reports 1. Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: a. The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; b. A copy of certified payroll sent to the Department of Industrial Relations (DIR) on the DIR required format/forms of employees assigned to the contract areas; c. An updated organizational chart, or equal, listing the names, titles, schedules and number of Full -Time Equivalent (FTE'e) assignments of all persons working in the contract areas; d. Invoices and packing slips of name, type and quantities of commodities purchased; e. Annual/monthly pesticide use report completed on the City's Excel form; 2. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. 3. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. Water Conservation & Programming of Controllers 1. The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs and performing the weekly visible checks and the providing a monthly written pesticide use report on the City provided Excel spreadsheet form. Specifications Interpretation 1. The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations Protection of Existing Facilities The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. RFP ;Gaty1 Council City of Santa A3 - 23 1 / 1 6QQL24 of 99 a CITY OF SANTA ANA 2. If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 3. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. Substitutions 1. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. Certification & Application of Materials 1. All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 2. No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. Contractor Neglect 1. Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. Construction Equiptment 1. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. Sound Control Requirements The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. RFP ;Gaty1 Council City of Santa A3 — 24 1/1 6QP4 of 99 a Inquiries & Complaints CITY OF SANTA ANA The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. 2. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. 3. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges Notification of Locations of Work 1. The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. Workforce 1. The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. Materials The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: RFP ;Gaty1 Council City of Santa A3 - 25 1/1 6QP4 of 99 a CITY OF SANTA ANA 2. Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 3. The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: 4. All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. 5. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. 6. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 7. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. City Responsibilities - City -Director's Authority The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. RFP ;Qaty1 Council City of Santa A3 — 26 1/1 6Qof 99 (9) CITY OF SANTA ANA The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. RFP ;Gaty1 Council City of Santa A3 — 27 1/1 6Qof 99 a 2. ADDITIONAL SERVICES CITY OF SANTA ANA APPENDIX II ADDITIONAL PROVISIONS The City reserves the right to request additional services associated to IPM & Pest Control Management Services. Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. City Council 13 — 28 1/16/2024 (9) CITY OF SANTA ANA APPENDIX III APPROVED EQUIPMENT The purpose of this specification is to assure that all maintenance equipment used in the agreement is appropriate for the performance of the work specified, is well maintained and in safe condition for the operators. The Director has the authority direct the Contractor to remove a piece of equipment deemed unsafe, not in top mechanical condition, performing unsatisfactorily or for any reason deemed necessary. All equipment shall be maintained, at the least, to the manufacturer's requirements or specifications. The Contractor shall possess and maintain the following equipment, or approved equals, for the duration of the agreement. The Contractor shall also show that they have back-up equipment or can acquire back-up equipment within 12 hours from the time a piece of equipment fails due to breaks down and/or is directed to be removed due to it being unsafe and/or is performing unsatisfactorily: Preferred Equipment Boom Sprayer — John Deere HD200 SelectSpray three-way folding 15/21ft. spray boom fitted on John Deere 24 HP ProGator utility vehicle. 2. Spraying Device Inc. (SDI) VM 300 truck/trailer mounted 300 Gallon Sprayer City Council 13 — 29 1/16/2024 EXHIBIT B VARIOUS CITY SITE MAPS City Council 13 — 30 1/16/2024 APPENDIX I - DISTRICT 1 MAPS Playground Asset (2) Facility Structure 0 Restroom (1 ) Athletic Field Multipurpose Field (1 ) Athletic Court Q Basketball Court (1) 0 Hand Ball Court (1 ) GI5 Park Boundary (1) 0 56 100 Feet Cesar Chavez Campesino Park City Council 13-31 1 /16/2024 I �+NIL W EDNA DR AR Lu - _ J VV HUCKLEBERRY Rb y UCKLEBERRY,RD A" { W STRAW6ERR! LN �" 5 w �• 5TRAINBERRY,il Vv BI-LIERERRY LN I. _ i•, - . nows■ ff MaN7E ..� ,%l �~ 'q - �� ~ri' TFi---.--- LL_- :�• - _ `sue f 1 AW moo O.A r k _ W21STST rr " W 20TH ST �' * r►.C� { - W 19TH ST t,7 Al ;� , _ i A _ I � 2 IL A V L- P ID Playground Asset (2) Facility Structure ® Community Center (1) Q Concession Stand (1 ) EM Public Garden Building (1 ) Restroam (1 ) Athletic Field Baseball Field (1) Multipurpose Field (1) -- Garden (1) Athletic Court Basketball Court (2) Fitness Court (1) ® Hand Ball Coud (1 j pool (1) E) 0 50 100 Feet El Salvador Park City Council 13 — 34 1/16/2024 M l �I P r . N 1 Playground Asset (1) Facility Structure ® Community Center (1) Concession Stand (1) Q Restroom (2) Athletic Field Baseball Field (1) Socwr Field (1) Athletic Court p Fitness Court (1) p Hand Ball Court (1) p Pool (1) GI Park Boundary (1 ] 0 56 100 FEPt Rosita Park City Council 13 — 35 1/16/2024 r+_ 0 GIS Park Boundary (1) OVA a za ao Feet Fairview Triangle Habitat Restoration City Council 13 — 36 1/16/2024 cif APPENDIX I - DISTRICT 2 MAPS • Playground Asset [1 ] Facility Structure = Restroom (1 ) Athletic Field Baseball Field (1) Athletic Court Basketball Court (3) GI5 Park Boundary (1) i s rr� x I o za ao v Feet Angels Community Park City Council 13 — 37 1/16/2024 T war �� �• � _ . or 11111 ACM I Facility Structure ® Community Center (1) Athletic Court M Fitness Court (1 ) GI5 Park Boundary(1) 0 25 50 Feet Birch Park City Council 13 — 38 1/16/2024 4 71 jo- Playground Asset (1) Facility Structure ® Community Center (1 ) Athletic Court ' Basketball COuj L {1 J t�j h - i P• . ` _ ^ � : •'� _ ''^r ► .• - •.. f . GI5 Park Boundary (1) i �o �i aS 0 10 20 * Feet -= 0 Chepa's Park City Council 13 — 39 1/16/2024 W MONTA VISTA AV — - — . W HICiHLgNO.S? - r_ LU log, LU wo ./ OwUl _ Y R3 .'1T W BROOf( STr- — - R :., M W CLI68. • A ,Ai y _ VV MCFA❑DEN AV ol E 11- F.. ` 0 IV fol N A• W FAIRBROOK LN 1A City Council 13-42 = GIS Park Boundary (1) 0 10 20 0 Feet French Park 1 /16/2024 ` r - W PART( LN .10 IMF IWO otv o � _ y�• _ � �fff x` s a■ �► yl r 3 `I x.. 41 / N !- 'P ' 0 JAI � � � � �, • � � { --� � � ! r � J. i � � ,ice 1 !i� *51� .� 1 . �I� � , L� � j ,[ r'�. I fi � •- r � i {' " a ir` I �'F_ ir T Nf� � `� �' r •i � i Imo. ' � .. � •Y j �• ,. mom r y mc t �y. ' ►' _ - ' � � .+„"'�"'J � - � - _ - mil.' :1 � � iG _Afr � .1_ • r E'S 1A1 FORG ST- � t Fi :Rn sr � � - A • � ' � s JF I Mill! I . a m' ■z 1 r Playground Asset(2) a Athletic Field Baseball Field (i ) Athletic Court Q Tennis Court (2) i GI5 Park Boundary (1) .ti ft ' 0 40 80 v Feet Morrison Park City Council 13-45 1 /16/2024 lr Playground Asset (1) Athletic Court Q Skate Park (1) • �� GI5 Park Boundary (1) } `w it E) 0 10 20 Feet Mariposa Park City Council 13-46 1 /16/2024 E:SAWiA CLARA.AV z, 8'LIFFALO AVE E -.04 e W ion I►' _. ' �� t �. � � _ N � 1. �� J L �• '_ _ - --E AVALON AV c[ I E AVALON.AV 01 .ip . ■ Notr q:; E'CAMfNpAV j r IV��_ N ML • � �� ' ��� �- _ _ Mom. �- - � Playground Asset (2) Facility Structure �. ► � Club House (1) n p5 . r — - - _ ® Community Center (2) Park operations 5truc. (1 } QRestroom (1 ) tf j�. '. a ire: t - ,, � -- -� ~Athletic Field Baseball Field (1) IN • � Lawn Bowling (2) Athletic Court 3 _ _ .;,.- 1 ■ i • Q Tennis Court (2) jL • R $ GI5 Paris Boundary (1) `.i 'mot- - -.-tom- yr • i+t_ * ". `'� .. ;r iW ti @ ,•F ._ ham'' "++�4h3..-_ ! ..� OF&46 Tug 6 260 520 t'• Feet .s Santiago Park City Council 13 — 48 1/16/2024 E '9X, a ■� � f j iii I • h i Playground Asset (1) G1S Park Boundary (1) 0 30 60 1 Feet Saddleback View Park City Council 13 — 49 1/16/2024 I i i�+tf�I�r�ii Tali NMI -n -.1 Facility Structure Q Community Building (1) Concession Stand (1 ) Q Grandstand (2) Public Utility Structure (1) Restroom (1 ) Athletic Field Football Field j1 j GIS Park Boundary (1) 0 0 50 100 Feet Santa Ana Stadium City Council 13 — 50 1/16/2024 APPENDIX I - DISTRICT 3 LOCATION MAPS Playground Asset(2) Athletic Field Multipurpose Field (1) GIS Park Boundary (1) XN 0 75 150 Feet Bomo Koral Park City Council 13-51 1 /16/2024 r- - It 4 0 Playground Asset (1 ) Facility Structure Restroorn (1 Athletic Field Baseball Field (1 ) Multipurpose Field (2) Athletic Court Q Basketball Court (2) Fitness Court (1) ® Hand Ball Court (1 ) GI5 Park Boundary (1) 0 6 50 100 Feet Delhi Park City Council 13 — 52 1/16/2024 Playground Asset (3) Facility Structure Public Garden Building (1 ) Public Utility Structure (1) Q Restroom (1) Athletic Field Baseball Field (2) O Garden (1) Athletic Court Q Basketball Court (2) GIS Park Boundary (1) 0 0 40 80 v Feet Madison Park City Council 13-53 1 /16/2024 j A.. }, Nor - W HARVEY AV }gip' I0 W CAROL AV a W SIERRA 6R • Y pi- f ,� Bp: At �lt- Iry y - zu W COLUMBINEAVIAN, N f � � L• - 44 ..iw t r O t �. City Council 13-55 Playground Asset (2) Facility Structure Q Community Building (1) ® Community Center (1) Concession Stand (1) Q Park Operations Struc. (2) Q Restroom(1) Q Storage Structure (1) Athletic Field Baseball Field (4) Athletic Court Q Basketball Court (3) Fitness Court (1) ® Hand Ball Court (1) Q Volleyball Court (2) e 0 60 120 Feet Memorial Park 1 /16/2024 Y f UL-j'. _ ;_ V r MINI Facility Structure Public Utility Structure (1j GIS Park Boundary (1) a as 80 Feet Segerstrom Triangle Park City Council 13 — 56 1/16/2024 71 ire p 2 ! W JUNIPER AT W .fUNIPER All ' Mile WN u; j� = Z. ti , Li W MURPHY AV _ � .•sue � ��. N '� -�.' r ..� fi 1 = N Ji N Np • l9RORAAV - m WALJRORAAV Y1'AURCJ S� W KELLERR A��• 'C. ^JC -''"�^ err 7 Aft ar t ttiMW f x N. i ��ir ■_ .. 1 hL I i_ APPENDIX I - DISTRICT 4 LOCATION MAPS Playground Asset(2) Facility Structure Concession Stand (1) Public Utility Structure (3) Q Restroom (1) Athletic Field Baseball Field (1) Athletic Court Q Basketball Court (3) GIS Park Boundary (1) E) 0 40 80 0 Feet Adams Park City Council 13 — 58 1 /16/2024 Playground Asset (1) Facility Structure L� Public Utility Structure (1) 0 Restroom (1) Athletic Field Baseball Field (1) GiS Park Boundary (1) E) 0 75 150 0 Feet Heritage Park City Council 13 — 59 1 /16/2024 :4. 19 Playground Asset (2) Facility Structure ® Community Center (1) Public Utility struciore (3) Q Rastroom 1I I Athletic Field Ba..OWI Reld (4) �] Garden (1) Athletic Court 0 Fulness Court 0) 0 Hand Sall Court (1) p Pao1 m GIS Park Boundary{11 E) 0 100 200 0 Feet Jerome Park City Council 13 — 61 1 /16/2024 19 Playground Asset(2) Facility Structure ® Community Cemer (1) Q Storage Structure (1) Athletic Field Multipurpose Field (1 ) Athletic Court Q Basketball Court (1) Q Hand Ball Court (1) Q Pool (1) GIS Park Boundary (1) 8 ❑ 50 t00 0 Feet Santa Anita Park City Council 13 — 62 1 /16/2024 :r! L •:a T.. x 7 %* I i Playground Asset(6) Facility Structure i Public Utility Structure (2) QResiroom (2) Athletic Field Baseball Field (3) Athletic Court Basketball Court[1 y Q Waterbody (t) Gl$ Park Boundary (1) 8 a 120 240 Feet Carl Thornton Park City Council 13 — 63 1/16/2024 GiS Park Boundary(1) "#1 UNA 0 20 40 v Feet McFadden Triangle Park City Council 13 — 64 1/16/2024 Playground Asset (1) Facility Structure Q Restroorn (1) Q Storage Structure (1) Athletic Field Multipurpose Field (1) Athletic Court Q Tennis Court (2) © GIS Park Boundary (1) ❑ 6❑ 120 0 Feet Windsor Park City Council 13 — 65 1/16/2024 Santa Ana PAAL Center Opp_ pn 12 a] 12-114 Ad City Council - 13-66 1/16/2024 ti At owl "OIL. 7ql& Ong -j - 0. — Lb.— F I m 0 _ N t k. 4 ' riCnlC+e a;rA T� s ' 4F ,, _ 1.7z +7 — .. % '��• r Santa Ana Zoo / 3) Lot Detail General Maint. and Clean• • Weekly Maintenance City Council 13 - 69 1/16/2024 ��. -Civic Center, -Dr 1N — n2r "Civic Center. Dr---W a £ I l y t i • '1 r — _ 'VV .6t#i SIL 6th St iris FiFi-Ct • 4 #'III r ri r 6'. CO 4 W Santa Aria Blvd r _ VV Santa -Ana -B s tit' F1 5 t f i'- 6_&-?qft- err CIVIC Center (2 of 3) All Priority Turf INot Part Of Civic Center Scope r;L-i 1 /16/2024 I • A. -�-Z F• - ' .-�.. t'.; u 1' A� h- rr a 1 r' U V o _ as `His - Fr e• ■ ..r Civic Center (3of3) All Priority Turf 1 /16/2024 EXHIBIT C PRICING PROPOSALS/RATES City Council 13 — 73 1/16/2024 C CITY OF SANTA ANA ATTACHMENT A-1: DISTRICT 1 FEE SCHEDULE Exhibit B 1 v Pricing for each site and each task should be as accurate as possible. Based on funding availability, the City may amend and/or remove a site or a task from the scope of work without affecting pricing for other sites and/or tasks. District 1 IPM & Pest Control Services Soil Fertility & Fertilization Management & Data Collection (Total for District Only) Annual Total Full -Time Equivalents Parks Acreage* Cesar Chavez /Campesino 7 57r0ob-ob �1Q3�0 ,06 Edna 2 3rSUU•00 i 1810 00 �p S2t-J� 0 us - El Salvador 9 c� 51,. oO .00 Q U IO . °o \ "J r �9rqu p0 c) Z Riverview 8 55'3 W00-00 1 •00 O �1 1 1� ISUb co 2•s- Rosita 8 �Sr�b•O� -� '1 QO.00 V Other Acreage* Fairview Triangle 0.73 Centers/Facilities Acreage* Mgmt & Data Collection (Total for District Only) s 00 Annual Total 2� O:OO �� IDES'00 �9I 000 Do �� 0S" Full -Time Equivalents S ✓9 . (� • 175 1 - *Acreage information is an estimate provided by the City. The Contractor is responsible for obtaining actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. -?Ckw W( Printed -Name of 0 .'OWM- - Title \lu Agent Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 23-151 City of Santa Ana Page 87 of 99 City Council 13 — 74 1/16/2024 G(/ CITY OF SANTA ANA ATTACHMENT A-2: DISTRICT 2 FEE SCHEDULE Pricing for each site and each task should be as accurate as possible. Based on funding availability, the City may amend and/or remove a site or a task from the scope of work without affecting pricing for other sites and/or tasks. District 2 IPM & Pest Control Services Soil Fertility & Fertilization Management & Data Collection (Total for District Only) Annual Total Full -Time Equivalents Parks Acreage Angels Community 1.7 Birch 2.4 4 2 8 032 �S Cabrillo 7.3 $(pZ( (P 212-U . Cheppa's 0.4 (P �2 Eldridge 1.2 q 2-4 1 Q92- 7_c)\Q9 Fisher 1.5 4 I j`� 1, -3 VS2D French 0.2 A (S I 3 w Mabury 5.5 Q 00 D I Mariposa 0.5 b Morrison 5.9 \2 l 9s Portola 9.1 �B Z Saddleback View 0.9 2— l Z Santiago (including bike trail) 26.0 2) (oD b� Centers/Facilities Acreage Santa Ana Stadium 6.9 ( CQc(0 0 oo Z' S Management & Data Collection (Total for District Only) q a, Do o � ' \Z wo Annual Total C05-(0 rrll j� Full -Time Equivalents 3� 1 Z• Z 3 8 *****Round off Amounts to $10***** *Acreage and Linear Miles information is an estimate provided by the City. The Contractor is responsible for obtaining actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. 'n Pwu� W 6�0 r (e� Printed Name of Autho d gent Title ���� U72) Signatute of Adtherffed Agent uate THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 23-151 City of Santa Ana Page 88 of 99 City Council 13 — 75 1/16/2024 �"v 10 CITY OF SANTA ANA ATTACHMENT A-3: DISTRICT 3 FEE SCHEDULE Pricing for each site and each task should be as accurate as possible. Based on funding availability, the City may amend and/or remove a site or a task from the scope of work without affecting pricing for other sites and/or tasks. District 3 IPM & Pest Control Services Soil Fertility & Fertilization Management & Data Collection (Total for District Only) Annual Total Full -Time Equivalents Parks Acreage* Bomo Koral 11.0 p l 11�� v 0`0 ?J . �TJ Delhi 10.4 2 TO Li Lillie King 9.6 D __J L4 G I w 3 Madison 6.0 C)C) I 5q- () (QU 2- Memorial 15.5 G 0() 1L' Ids 2_�b 40S 147s, Sandpointe (including paseos) 7.7 � -+UUT 1 l�a� a L Segerstrom 1.2 0 c�Z (a' Management & Data Collection (Total for District Only (� i' U 0 0 I . S Annual Total "D(-o �' SS �-+� 1 0 0 G� G� I I Full -Time Equivalents i s 2-0 'Es� *****Round off Amounts to $10***** *Acreage information is an estimate provided by the City. The Contractor is responsible for obtaining actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a Deriod of 120 days from the date the proposal is due, in order to allow time to award an agreement. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP'23 1 F1 City of Santa Ana Page 89 of 99 City Council 13 — 76 1/16/2024 / 0 CITY OF SANTA ANA ATTACHMENT A-4: DISTRICT 4 FEE SCHEDULE Pricing for each site and each task should be as accurate as possible. based on tunaing avauaDnity, ine City may amend and/or remove a site or a task from the scope of work without affecting pricing for other citcc onrl/nr tnckc tit District 4 IPM & Pest Control Services Soil Fertility & Fertilization Management & Data Collection (Total for District Only) Annual Total Full -Time Equivalents Parks Acreage Adams 7 lQ 2-'2— Centennial 87 7-U0 Z_1 - Heritage Jerome 8 14 4+1'0' bp 6 LAO (] I ('L 'L�\ Z—•S f-4 S Santa Anita 5 Sq 0 U Thornton 35 \ 0 SO Windsor 12 00 �i� tib D Other Acreage McFadden Triangle 0.94 UQ(3Q _ Centers/Facilities Acreage Santa Ana PAAL Center 0.52 Management & Data Collection (Total for District Only) 1 1 Annual Total �Q 154 �Vy V N �� Full -Time Equivalents 20 pp� ,U L V Cj' /Y *****Round off Amounts to $10***** *Acreage and Linear Miles information is an estimate provided by the City. The Contractor is responsible for obtaining actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the -proposal is due, in order to allow time to award an agreement. ^^" j - ,I Print am e f A ize Ag t Title Sig Ature-of Yjthorized Agent Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 91-1 F1 City of Santa Ana Page 90 of 99 City Council 13 — 77 1/16/2024 k CITY OF SANTA ANA ATTACHMENT A-5: DISTRICT A FEE SCHEDULE Pricing for each site and each task should be as accurate as possible. Based on funding availability, the City may amend and/or remove a site or a task from the scope of work without affecting pricing for other sites and/or tasks. District A IPM & Pest Soil Fertility & Management & Annual Total Full -Time Control Services Fertilization Data Collection Equivalents Centers/Facilities Acreage* rr,, Z Civic Center k 4), r30U Qj v 2S� V Svi��/� � J•1 Full -Time Equivalents 7K'AU00UI Z o o I3 1 S "Acreage information is an estimate provided by the City. The Contractor is responsible for obtaining actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. kA- Printed Name of Authorized A Title V /uZ3 Signa of Au)Aort69d Agent Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 23-151 City of Santa Ana Page 91 of 99 City Council 13 — 78 1/16/2024 PVJ �13 CITY OF SANTA ANA ATTACHMENT A-6: SANTA ANA ZOO FEE SCHEDULE Pricing for each site and each task should be as accurate as possible. Based on funding availability, the City may amend and/or remove a site or a task from the scope of work without affecting pricing for other sites and/or tasks. Santa Ana Zoo IPM & Pest Control Services Soil Fertility & Management & Annual Total Full -Time Fertilization Data Collection Equivalents Centers/Facilities Acreage* Zoo 38�z 1 Soo q 3000 -4 —1 2_1 —S— Full -Time Equivalents . S 1. � S *Acreaae information is an estimate Drovided by the Citv. The Contractor is responsible for obtaininc actual acreage information. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for landscape maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. Printed Name of Title � V u /- � Sigr,�atlue of Autliorized Agent Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 9-1-1 F1 city of Santa Ana Page 92 of 99 City Council 13 — 79 1/16/2024 �� Public Works Agency www.santa-ana.org/public-works Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails AGENDA TITLE Approve a Takeover Agreement with Great American Insurance Group to Take Over the Santa Ana Zoo Giant River Otter and Primate Trails Project and Approve an Amendment to the Agreement with CLR Design to Increase the Construction Administration Services Amount by $75,000 for a New Estimated Total Services Cost of $193,000 (Project No. 16-2658) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a takeover agreement with Great American Insurance Group subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works construction, to take over the Santa Ana Zoo Giant River Otter and Primate Trails Project and be responsible for the completion of all work in accordance with the contract (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute a first amendment to the agreement with CLR Design Inc. for construction support services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, to increase the amount by $75,000, for a total agreement amount of $193,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On November 2, 2021, the City Council awarded a contract to HYM Engineering (Exhibit 1), the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails Exhibit, which is located in the heart of the Santa Ana Zoo. (Exhibit 2). On April 20, 2021, the City Council awarded an agreement with CLR Design, Inc. for Bidding and Construction Administration. This agreement was then extended on April 3, 2023 (Exhibit 3). HYM Engineering (Contractor) met all inspection and testing requirements to complete approximately 60% of the contract scope of work but due to issues unrelated to the project, the Contractor defaulted on the contract. In compliance with the Greenbook: Standard Specification for Public Works Construction, staff began City Council 14 — 1 1/16/2024 Santa Ana Zoo Giant River Otter and Primate Trails January 16, 2024 Page 2 the process of terminating the contract for Default. In June 2023, staff terminated the contract with HYM Engineering and negotiated with Great American Insurance Group to take over the project as required by the Performance and Payment Bonds (Exhibit 4). Because of this takeover agreement, staff recommends to amend the existing agreement with CLR Design Inc. for construction administration to increase the agreement capacity to provide services throughout the life of the new project timeline and extend the agreement term until April 2025 (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. FISCAL IMPACT There is no fiscal impact associated with this action. The originally approved project cost analysis will not change and the surety will be responsible for expenses related to the transition and cost escalation of labor and materials. EXHIBIT(S) 1. HYM Staff Report 2. Location Map 3. CLR Agreement & Extension 4. Great American Insurance Group Takeover Agreement 5. CLR Amendment Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 14 — 2 1/16/2024 EXHIBIT 1 Public Works and Parks Recreation & Community Services Agencies www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 2, 2021 TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails AGENDA TITLE Approve Appropriation Adjustment and Award a Construction Contract to HYM Engineering in the Amount of $5,289,238 for the Santa Ana Zoo Giant River Otter and Primate Trails FY 2021-22 Project with an Estimated Project Delivery Cost of $6,600,000 (Project No. 16-2658) (Non -General Fund) RECOMMENDED ACTION 1. Award a contract and authorize the City Manager to execute a construction contract with HYM Engineering, the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails project, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment to recognize $600,000 in donations from Friends of the Santa Ana Zoo into the PRCSA Fee & Donation, Gifts & Donations revenue account and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize $3,108,060.79 from prior -year fund balance in the Residential Development District 3, Acquisition & Development, Prior -Year Carry Forward revenue account and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include in construction funds, $600,000 from the PRCSA Fees & Donation Fund, and $3,108,060.79 from the Residential Development District 3, Acquisition & Development Fund, for the Santa Ana Zoo Giant River Otter and Primate Trails project (No. 16-2658), for and total project budget increase of $3,708,060.79. City Council 14 — 3 1/16/2024 Award Construction Contract to HYM Engineering November 2, 2021 Page 2 DISCUSSION The existing "Amazon's Edge" exhibit, built in 1990, needs a complete renovation of its water filtration system, moat, and visitor observation area. In addition, the Association of Zoos and Aquariums (AZA) indicated the Santa Ana Zoo needs to modernize primate habitats to regain accreditations. The Santa Ana Zoo Giant River Otter and Primate Trails project will respond to all of these needs by encompassing an extensive transformation that will include redesign and reconstruction of existing facilities, installation of an underwater viewing area, and incorporation of an elevated primate trail system that opens up to large mesh habitats. Once completed, the exhibit will be a multi -species habitat that is home to Giant River Otters and large primates. The location of this project can be found on the attached location map (Exhibit 1). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of three regional vendors via PlanetBids, none of which are Santa Ana -based. Three vendors requested bidding documents, and a total of three bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 11 and May 18, 2021. The project was also advertised in PlanetBids from July 19, 2021, through August 17, 2021. All Bids were received electronically via PlanetBids on August 17, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 HYM Engineering Inc. Fullerton $5,289,238.00 2 Kazoni Construction Costa Mesa $5,828,567.00 3 Metro Builders & Engineers Group Newport Beach $6,756,206.00 A total of three bids were received, and all were deemed responsive. HYM Engineering submitted the lowest responsive base bid, specified in the bid documents, the lowest Base Bid. Based on the bid analysis in the amount of $5,289,238 (Exhibit 2). As bid shall be determined on the basis of the and a contractor's reference check, staff recommends awarding the construction contract to HYM Engineering in the amount of the base bid totaling $5,289,238 (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. City Council 14 — 4 1/16/2024 Award Construction Contract to HYM Engineering November 2, 2021 Page 3 Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,600,000. Project Item Total Construction Contract $5,289,238.00 Construction Administration, Inspection, Testing $781,838.20 Contingencies $528,923.80 TOTAL CONSTRUCTION DELIVERY COST $6,600,000.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2018-18 was for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,600,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Approval of the requested Appropriation Adjustments will provide the following funding: 1. Recognize $600,000 in donations from FOSAZ into the PRCSA Fee & Donation, Gifts & Donations revenue account (No. 02213002-57081) and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account (No. 02213200-66220). 2. Recognize $3,108,060.79 from prior year fund balance in the Residential Development District 3, Acquisition & Development, Prior Year Carry Forward revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account (No. 31313260-66220). With the approval of the $3,708,060.79 amendment to the Fiscal Year 2021-22 Capital Improvement Program (Exhibit 5) and corresponding appropriation adjustments, the additional funding for this project will be available for expenditure in Fiscal Year 2021-22. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure. City Council 14 — 5 1/16/2024 Award Construction Contract to HYM Engineering November 2, 2021 Page 4 Fiscal Accounting Fund Accounting Unit, Year Unit -Account # Description Account Amount Description APROPRIATION ADJUSTMENTS PRCSA Fee & 2021-22 02213200-66220 PRCSA Fees Donation, $600,000.00 & Donation Improvements Other Than Building Residential PRCSA-Acquisition & 2021-22 31313260-66220 Development Development, Improvements Other $3,108,060.79 District 3 Than Building EXISTING PROJECT BUDGET Residential PRCSA-Acquisition & 2021-22 31313261-66220 Development Development In Lieu, $1,044,223.00 (Prof. 16-2658) District 3 Improvements Other Than Building Residential PRCSA-Acquisition & 2021-22 31313260-66220 Development Development, $1,847,716.21 (Prof. 16-2658) District 3 Improvements Other Than Building Total $6,600,000.00 EXHIBIT(S) 1. Location Map 2. Bid Results 3. Construction Contract 4. Cost Analysis 5. CIP worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Lisa Rudloff, Executive Director, Parks, Recreation & Community Services Agency Approved By: Kristine Ridge, City Manager City Council 14 — 6 1/16/2024 EXHIBIT 1 SANTA ANA PWA1 PUBLIC WORKS AGENCY Project No. 16-2658: SA Zoo Giant River Otter Habitat City Council 14 — 7 1/16/2024 City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Bid Results Bidder Details Vendor Name HYM Engineering, Inc. Address 1559 W Commonwealth Ave Fullerton, California 92833 United States Respondee Abraham Jeon Respondee Title President Phone 714-523-2372 Email ajeon@hymengineering.com Vendor Type CADIR, VSBE License # 918130 Bid Format Electronic Submitted 08/17/2021 1:34 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 263726 Respondee Comment Buyer Comment Attachments EXHIBIT 2 File Title City Council FilejNarW 1/16/2024 Proposai - Scanned.pdf Proposal - Scanned.pdf File T) Gener City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Line Items Discount Terms No Discount Item # Item Code Type Bid Proposal Form 1 Item Description Giant River Otter and Primate Trails i 4TY Unit Price LS 1 $5,289,238.0000 Line $5,269,238.00 $5,289,238,001 City Council 14 — 9 1/16/2024 City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Line Item Subtotals Section Title Bid Proposal Form Grand Total City Council 14 — 10 1/16/2024 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-2658 Santa Ana Zoo Giant Riser Otter & Primate Trails This CONSTRUCTION CONTRACT is made and entered into this 2nd day of November, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "CITY"), and HYM Engineering (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Zoo Giant River Otter & Primate Trails (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Million Two Hundred Eighty -Nine Thousand Two Hundred Thirty -Eight and No Cents ($5,289,238), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as "Exhibit A." The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 1 of 3 14 —11 1 /16/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-2658 Santa Ana Zoo Giant River Otter & Primate Trails 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hqp://www.saiita-aiia.org/2wa/documelits/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Perfolinance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Cityebwi ice or nonperformance by CONTRACT- 2 or its Subcontractors VW* 402per tier, 2of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16R288 Santa Ana Zoo' Giant River Over & Primate Trails of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iy) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the'Work of htptovoment, (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued. by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right: of indemnity in favor of CONTRACTOR against CITY or any other Indernpitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written, ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LW22: A ' Rau LAURA A. ROSSINI Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: H yM El q i h•e2r +►AL) , Inc Company: NAME: /��vr�•I�av� �eoh Title: ?rP's 4 3 of 3 City Council 14 — 13 1/16/2024 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-2658: Santa Ana Zoo Giant River Otter and Primate Trails Construction Contract $ 5,289,238.00 Contract Administration, Inspection and Testing $ 781,838.20 Contingencies $ 528,923.80 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 6,600,000.00 City Council 14 — 14 1/16/2024 PROJECT TITLE: Santa Ana Zoo Giant River Otter Habitat PROJECT CATEGORY: Park Facility Improvements Park Facility LOCATION MAP A N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit. PROJECT NEED: The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 3,708,061 - - - - - - TOTAL 3,708,061 - - SOURCE OF FUNDS A & D District 3 3,108,061 PRCSA F&D 600,000 TOTAL 3,708,061 AGENCY: DIVISION: Parks, Rec. & Community Services Administration FY 21 /22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CONTACT: DATE: Ron Ono, Administrative Services Manager 13-Oct-2021 City Council 14 — 15 1/16/2024 EXHIBIT 2 4 4 TF -- Ai 258 feet N 2 • ti City Council 14-16 2012-2017 Digital Map Products. All rights reserved. 1/16/2024 EXHIBIT 3 Public Works Agency https://www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 20, 2021 TOPIC: Agreement with CLR Design, Inc. for Bidding and Construction Administration AGENDA TITLE Approve Agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project in the Amount of $106,980 With an Estimated Total Cost of $118,000 (Project No. 16-2658) (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, for a two-year period beginning April 20, 2021 and expiring April 20, 2023, with provisions for two one-year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $118,000, including any renewals, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Amazon's Edge exhibit at the Santa Ana Zoo opened to the public in 1993. Through the Giant River Otter and Primate Trails Project, the exhibit will be renovated, upgraded, and expanded into a new multi -species complex. The complex will include giant river otters and large primates. Improvements include renovation of the current exhibit area, water moat, life support -water filtration system, viewing structure, and holding facility. The project will also include the addition of an adjacent exhibit area, which will be connected to the original Amazon's Edge by an overhead primate trail system. CLR Design Inc. was originally retained in 2016 through a competitive procurement process to provide zoological design services for the renovations to the Amazon's Edge exhibit. The agreement laid out a five -task approach for completing the scope of work. In January 2018, the City Council authorized an amendment to the agreement to expand the scope in response to the Association of Zoos and Aquariums' concerns about current primate housing at the Zoo. The design and plan check process for the additional work was lengthier than anticipated and the terms of the agreement were exhausted before the final task (Bidding and Construction Administration) could be completed. City Council 14 — 17 1/16/2024 Approve Agreement with CLR Design, Inc. April 20, 2021 Page 2 Staff recommends approval of the agreement with CLR Design, Inc. (Exhibit 1) in order for the firm to complete the final task due to the specialized design, uniqueness, and complexity of the project and the services they provide. It is critical to keep the firm as part of the construction administration team to assist with answering detailed questions during the bid period, to prepare addenda, to respond to Requests for Information, assist with submittal review, to attend site meetings, and conduct site inspections. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The following table summarizes the funds budgeted and available for the estimated total cost of the agreement. Any unspent funds will be carried forward for the agreement term and renewal periods, if exercised. Accounting Accounting Unit — Fiscal Unit -Account Fund Account Amount Year No. Description Description Pro'ect No. Residential Acquisition and 2020-21 31313260-66220 Development Development, $118,000 (16-2658) District 3 Improvements Other Than Building EXHIBIT(S) 1. Consultant Agreement 2. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Lisa Rudloff, Executive Director — Parks, Recreation, and Community Services Approved By: Kristine Ridge, City Manager City Council 14 — 18 1/16/2024 iNSUHANCE NOT ON r1LE WORK MAY NOT PROCEED A-20Z 1-060 SAY U 3 7021 CLERK OF COUNCIL DATE: CONSULTANT AGREEMENT A,\ 6 (� `(-L CITY OF SANTA ANA l This AGREEMENT is made and entered into this 20th day of April, 2021 by and between the City of Santa ,Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY") and CLR Design, Inc. (hereinafter "CONSULTANT"). RECITALS A. The CITY desires to retain a consultant having special skill and knowledge in the field of construction administration and management services for the Santa Ana Zoo Giant River Otter and Primate Trails Project. B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delive of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, the total amount of which shall not exceed One Hundred Eighteen Thousand Dollars and No Cents ($118,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall commence on the date first written above for a two-year term with the option for the CITY to grant up to two (2) one-year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. rev. oti2QKy Council 14 — 19 P1_4d 6/2024 4. INDEPENDENT CONTRACTOR CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ("Documents & Data"). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. CONSULTANT shall maintain commercial general liability insurance naming the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insured's provisions. City Council 14 — 20 Pd4d 8/2M4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, CONSULTANT agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If CONSULTANT is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to this section: i. CONSULTANT shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved by the CITY. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the CITY. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. £ If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 7. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim City Council 14 — 21 Pa*d 6/4 arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by 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. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. City Council 14 — 22 P*dGA"4 12. DISCRIMINATION CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 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 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. City Council 14 — 23 P49t6/2024 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PAYMENTS & INVOICES a. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 14 — 24 PAJ16✓43Q94 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Worlcs Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax. (714) 647-5635 To CONSULTANT: Gregg Leicester Principal CLR Design 34921 Calle Del Sol Capistrano Beach, CA 92624 Fax: (215) 564-0250 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded. City Council 14 — 25 P4918/2M IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 14 I)"• JdANFUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: / 4 =2=a34* �- NABIL SABA ive Director Works Agency CITY OF SANTA ANA f5fl RIDGE City Manager CONSULTANT: CLR Design, Inc. G LEICESTER Principal Tax ID# . 23-2622204 City Council 14 - 26 P*d 6/2M4 Li';c,,i�- �L Old FILE ;,I.AY PROCEED IiISURANGE EXPIRES �}•11'23 _ 6 OF CO`JNCIL MAYOR , IE. 'A Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA 0" PU-fil 14) PUBLIC WORKS AGENCY okr,rd-FA- 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.or April 3, 2023 CLR Design, Inc. 34921 Calle Del Sol Capistrano Beach, CA 92624 Attn: Gregg Leicester A-2021-060-01 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Re: Extension of Agreement (A-2021-0601 for Construction Administration and Management Services Dear Mr. Leicester: Pursuant to Section 3 ("Term") of the above -referenced Agreement, entered into by CLR Design, Inc., and the City of Santa Ana, dated April 20, 2021, the time period of the Agreement is hereby extended for an additional one-year period, from April 20, 2023 through April 19, 2024. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, �_[aa�� /i Nabil Saba, P.E. Executive Director, Public Works Agency CITY OF SANTA ANA K rstme—Ridg —'- City Manager APPROVED AS TO FORM anathan T. Mart' Assistant City Attorney ATTEST enru cr La' City Clerk CLR 9WIGN, INC. SANTA ANA CITY COUNCIL • Valene Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Bacerra Johna[han Ryan Hernandez David Peaaloxa Mayor Ward e yamezcuwMsanlaam.ory CltyI SOP ana.or tohan@santa-ana.oro byaz uezQsanta-ana,pf4A _ �cerra(lo� irvanhemandez®s�sN, _ry ��A dpenalozaAsanla-ana.aM A • �1 M I ] LUen-ullgltally sig ,d►CORo CERTIFICATE OF LIABILITY INSURANCE by Angie D 0712111 0lY2022 072 Ai THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS TI � THCERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL E C V_a FORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TrIE �`�r12ER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. A i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must tUWDIT,ONAL IN VREtprovlsians 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 endorsements . PRODUCER 445-201-1625 CONTACT Paul J. Lucci Poole Professional B&B of MA PHONE 445-201-1625 FAX 107 Audubon Rd, #2, Ste 305 arc, No Exe : we No Wakefield, MA018S0 EMAIL ,paul.lucci@bbrown,com Paul J. Lucci R Design Inc. 3 Chestnut St., Suite 909 iladelphia, PA 19107 Travelers Indemnity Co of CT -Z51iti7 Travelers Indomnity Co. 25658 Travelers Prop Casualty Co Am 25674 XL Specialty Insurance Company 37885 rnV1C0A!'_C4Z rGOTICIr ATC AtIIRARCC. OC111C`InAI All IRROCC. THIS tS 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 TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICY EXf LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 680-2J979064-22-47 07111/2022 07/11/2023 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED currai S 1,000,000 MED EXP (AnV oneperson)10,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT AP PLIES PER: PE LOC POLICY �X JCT OTHER: GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOP AGG S 2,000,a00 S IB AUTOMOBILE Ix LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X A�TO ONLY BA-9R272273-22-47-G 07/11/2022 0711112023 COMBINED SINGLE UMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ Pe0accitlen�AMAGE $ C X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP-673GY412-22-47 07/11/2022 07111/2023 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 DIED I I RETENTION $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE Y OFFICERIMEMBER EXCLUDED? (Mandatory in Ni It yes, describe under DESCRIPTION OF OPERATIONS below N f A UB-7K189676-22-47-G 0711112022 07/11/2023 X PER OTH- JTF F.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMrf 5 1,OOQa00 D Professional Liability DPR9996109 07111/2022 07/11/2023 I a Claim Aggregate 4,000,000 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES {ACORD 101, Addiflonal Remarks Schedule, may be attached If more space is required) RE: City of Santa Ana Agreement # A-2021-060. See next page for description ACORD 25 SANTA-3 City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Council The ACORD name and logo are reglsteteAii of ACORD a ea,N F Risk MamigementDivisian A REVIEWED&APPROVED$Y: ' V2024nBgementSPeclalist NOTEPAD. HOLDER CODE SANTA-3 CLRDE-1 PAGE 2 1NSUREb's NAME CLR Design Inc. OP 10: LP oats 07/21/2022 RE: City of Santa Ana Agreement # A-2021-060. City of Santa Ana, its officers, employees, agents and representatives are named as additional insured as respects general liability for services provided by the named insured. Coverage is primary and non-contributory. 30 days notice of cancellation apppplies. Additional Insured endorsements at�ached. (CG T8 02 07 22 & CG T8 D3 07 22). Waiver of Subrogation applies to the Genral Liability (See endorsements CG Tl 00 02 L9, Page 16, Paragraph 8 and CG D3 79 01 16, Page 6, Paragraph Q.) •h�� RiskMtenEDivie[on ' ?,y REVIEWED & APPROVED BY. �„„.vn" �yacev'a ity Council 14 — 29 /24.�a9PffieritSPedalist TAKEOVER AGREEMENT PROJECT 16-2658 SANTA ANA ZOO GIANT RIVER OTTER & PRIMATE TRAILS L RECITALS 1. The parties to this Takeover Agreement ("Agreement") are GREAT AMERICAN INSURANCE COMPANY ("GAIC" or "Surety") and the CITY OF SANTA ANA ("Owner"). This Agreement is effective as of the date last signed by any party ("Effective Date"). 2. Owner entered into a Contract (the "Contract") with HYM ENGINEERING ("HYM" or "Principal") for HYM to furnish all labor and material and perform all work for the Santa Ana Zoo Giant River Otter & Primate Trails project (the "Project") in accordance with the terms and provisions of the Contract, a copy of the Contract being attached hereto as Exhibit "A" and incorporated herein, including all Contract Documents forming a part of the Contract, as enumerated in the Contract and modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. References herein to the "Contract" shall be deemed to include references to all modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. 3. As required by the Contract, Surety issued Performance and Payment Bonds numbered 4054734 identifying HYM as the principal and Owner as the obligee (the "Performance Bond" and "Payment Bond"), each of which are in the Penal Sum equal to the Contract Price under the Contract of $5,289,238.00 copies of these Bonds being attached hereto as Exhibit "B," respectively, and incorporated herein; 4. HYM defaulted on the Project as outlined in HYM's Voluntary Letter of Default attached hereto as Exhibit "C" and incorporated herein. The Owner subsequently made demand upon the Performance Bond for GAIC to complete the Project. 5. As of the date of HYM's default under the Contract, certain work and other obligations of HYM remain to be performed under the Contract. 6. GAIC has decided to fulfill its obligations under the bond by completing the contract, subject to the conditions of the bond, contract and this agreement, specifically, but not limited, to the conditions described under section 10 of the Terms and Condition listed below. 7. The Owner acknowledges that GAIC is acting in its capacity as the Surety for HYM in making arrangements for the performance and completion of the Remaining Work/Obligations. 1 City Council 14 — 30 1/16/2024 NOW, THEREFORE, based on the exchange of valuable consideration, including the covenants and conditions of this Agreement, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: IL TERMS AND CONDITIONS 1. Recitals. The above Recitals and the Terms and Conditions herein are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy the rights and obligations between Owner and Surety, except as to claims reserved by this Agreement. 2. Incorporation of the Contract. The Contract is incorporated by reference into this Agreement, including the Contract Documents, including but not limited to, any Addendum (which pertains to the Contract Documents), Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post -bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, permits, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, Change Orders (including future Change Order for PCO #12 scope of work) and all Modifications issued after the execution of the Contract All terms of the Contract are incorporated herein, 3. The Balance of the Contract Sum. GAIC will procure the performance of the Remaining Work relying on, among other things, the Owner's representation that the outstanding earned and unpaid Contract funds in the amount of $1,773,192.11 shall be paid to GAIC. The Owner represents that the Balance of the Contract Sum as follows: Contract Price: $5,289,238.00 Approved Change Orders: $ 90,500.00 PCO #12: $165,855.00' Current Contract Price: $5,545,593.00 Amount Paid to Principal: $3,772,400.89 "Balance of the Contract Sum": $1,773,192.11 Owner agrees that the Balance of the Contract Sum is dedicated to and will be paid to GAIC for the completion of the Remaining Work pursuant to this Agreement. GAIC expressly reserves the right to verify all Contract fund accountings and to request the appropriate adjustments from the Owner and/or its representatives. The Balance of the Contract Sum shall be increased by the value of future Change Orders subsequently approved by Owner. ' This amount represents GAIC's Completion Contractor's price to complete the work outlined in PCO #12 and related documents pursuant to GAIC's Consultant's RFP and specifically RFP Add Alternate #12. Owner will issue a formal Change Order in this amount within ten (10) working days after Notice to Proceed is issued by Owner to GAIC. 2 City Council 14 — 31 1/16/2024 4. Surety to Perform Remaining Work. Surety shall be responsible for the completion of all Work, including the replacement of the Holding Building Roof as outlined below in this Section, in accordance with the conditions of the bond, Contract, and this Agreement ("Remaining Work/Obligations"), specifically, but not limited, to the conditions described under section 10 of the Terms and Condition listed below. Surety shall perform the Remaining Work through one or more completion contractors (hereinafter "Completion Contractor"), subject to written approval by the Owner, which Surety shall engage pursuant to the terms of a separate agreement. Owner hereby acknowledges that Surety is not acting as a contractor and is not licensed as a contractor in the State of California, and hereby agrees to fully and forever waive and release any and all claims that Owner might allege against Surety on the grounds that Surety is an unlicensed contractor for the work performed pursuant to the Agreement. Additionally, HYM inadvertently removed the existing standing seam metal roof of the Holding Building. GAIC shall replace the standing seam metal roof in kind at no cost to Owner and Owner will pay for any necessary repairs to the existing damage of the standing seam metal roof substrate through an additive change order to be negotiated after construction resumes. In exchange for providing this new standing seam metal roof, GAIC will not be required to provide the specified cool roof membrane system over the new standing seam metal roof. Owner agrees to assign its rights for the replacement of the roof only under HYM's Commercial General Liability insurance policy. The Parties agree to cooperate with another to the extent reasonably necessary in submitting any potential insurance claim(s) with HYM's Commercial General Liability insurance carrier. 4.1 Disputed Work. The parties acknowledge that there is a disagreement whether the scope of work outlined in PCO No. 11 was validly executed and thus, incorporated as part of the Contract and Remaining Work/Obligations ("Disputed Work Item."). In order to avoid any further delay of the Project, GAIC and Owner shall in good faith continue to work together to resolve any and all pending issues pertaining to this Disputed Work Item to the extent practicable after the execution of this Agreement. Owner and GAIC shall retain any and all rights provided by the either the Contract, this Agreement, or by law which pertain to resolving the Disputed Work Item through any legal means available. 5. Owner's Rights and Obligations Under the Contract. Except to the extent provided in this Agreement, Owner shall have all rights, obligations and responsibilities under the Contract with respect to Surety, to the reasonable extent and effect as if Surety had executed the Contract. 6. Owner's Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the Contract and this Agreement, to issue Change Orders. The terms of these Change Orders, including attendant extensions of time and valuation of Change Order work, shall be determined as provided in the Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes a cardinal change under the Contract. Owner reserves the right to dispute that 3 City Council 14 — 32 1/16/2024 the extra or additional work constitutes a cardinal change and to immediately submit the dispute to mediation with a mutually agreeable mediator followed, if necessary, by legal action, including but not limited to any appropriate injunctive or other equitable relief. 7. Schedule for Completion of Remaining Work and New Completion Date. Completion Contractor shall furnish to Owner all insurance certificates and other proofs of insurance required by the Contract prior to starting work. The Owner will give a Notice to Proceed after all insurance requirements of the Contract have been met. GAIC shall complete the Remaining Work/Obligations within 200 working days ("Takeover Final Completion Date") after the commencement date stated in the Notice to Proceed. Owner waives any right to liquidated damages permitted under the Contract accruing prior to the Takeover Final Completion Date, but retains the right to assess liquidated damages if the Surety does not complete the Project by the Takeover Final Completion Date, subject to claims by Surety for excusable and/or compensable delay, at the rate of $1,500 per calendar day, and at Owner's discretion. If assessed by the Owner, GAIC shall be liable for liquidated damages after the Takeover Final Completion Date. 8. Completion Contractor. The Completion Contractor shall be a contractor to the Surety, and no contractual relationship shall exist between Owner and Completion Contractor pursuant to this Agreement. Insurance and license requirements for the Completion Contractor shall be in accordance with the Contract Documents. The Completion Contractor shall not be required to procure new surety bonds identifying the Owner as obligee. Owner acknowledges that, subject to the terms of the Contract, the Completion Contractor is authorized to make routine day-to-day decisions regarding the operation and manner of performing the Remaining Work, but does not have authority to: (i) agree to any changes in the Contract or Remaining Work other than minor design changes or clarifications, with advance notice to Owner, that do not increase the Project's cost nor extend its schedule (ii) agree to any Change Orders; (iii) agree to any back charges or deductions of any nature; (iv) agree to any schedule changes; or (v) agree to any adjustments in the Contract amount or Remaining Work other than minor design changes or clarifications that do not increase the Project's cost nor extend its schedule , without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completion Contractor negotiating items (i) through (v), such consent not to be unreasonably withheld. The Remaining Work shall be subject to inspection and acceptance by the Owner and applicable federal, state and local agencies with jurisdiction, as provided in the Contract. The Owner shall forward concurrently to Surety (by U.S. Mail or email as appropriate), a copy of all its written communications directed to the Completion Contractor. 9. Surety Representative. All communications and administration will be between the Owner and the Surety and its consultant, Mike Tomeo of J.S. Held, LLC (the "Consultant"). The Surety hereby designates and authorizes Consultant to sign, on Surety's behalf, any instrument which is required, or may be requested, by the Owner in connection with the administration of the Contract. E City Council 14 — 33 1/16/2024 10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby confirms that GAIC's liability and obligation hereunder shall not extend beyond the penal sum of its Performance Bond. All payments made by GAIC previously, and those made in the future, have been and will be credited against the penal sum of the Performance Bond, less the amount paid to GAIC under the Contract and this Agreement. Neither this Agreement nor any other GAIC act constitutes a waiver of such penal sum or an increase in the liability of GAIC under the Performance Bond. 11. Payment Bond and Payment Bond Claims. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions. The total liability of the Surety under the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond. 12. Payment Requisitions. Surety, through its Completion Contractor, shall submit to Owner all information and/or documentation required regarding the work performed under the Contract, to conform and support the requisition process and schedule established under the Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of the Completion Contractor. Subject to requirements of the Contract Documents, Owner shall accept the Completion Contractor's work, progress of the work, quality of the work, conformance of the work to the requirements of the Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the Contract, wherever such representations are required by the Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. Satisfaction of Surety's Performance Obligation. Surety's satisfaction of its obligations under the Contract, the Bonds and this Agreement or Surety's expenditure of the Performance Bond Penal Sum, whichever comes first, shall satisfy Surety's performance obligations under the Contract, its Performance Bond and this Agreement. Owner represents that Principal would have been required to complete all of its obligations under the Contract had Principal not been declared to be in default and that, prior to the date of this Agreement and other than approved changed orders, Owner had not made any agreement with Principal that any item of work included in the Contract would not have to be performed. 14. Notices. All notices and correspondence to Owner, other than routine email correspondence, shall be mailed, with a copy by email, to: Nabil Saba P.E. Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 nsaba(&,santa-ana. org 5 City Council 14 — 34 1/16/2024 with copy to: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 j montoya&Santa-ana. org All notices and correspondence to Surety, other than routine email correspondence, shall be mailed and emailed to: C. Michael Mason, Esq. Senior Financial Products Claims Professional Great American Insurance Company 301 East Fourth Street, 241h Floor Cincinnati, OH 45202 cmason3ngai_g com With a copy to: Mike Tomeo J.S. Held, LLC 1375 Dove Street, Suite 250 Newport Beach, California 92660 mtomeogj sheld.com 15. No Third -Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of, any third parties, or to waive or release any defense or limitation against third party claims. 16. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Other than as required by law, Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 17. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation. Further, Owner recognizes Surety's rights as a performing Surety under the Contract, including the right to additional compensation or damages where allowed or appropriate under the Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance bond obligations; (ii) that the Surety has provided to Owner the Completion Contractor, a 0 City Council 14 — 35 1/16/2024 licensed contractor, to finish the Project; and (iii) that the Owner hereby forever releases and discharges any and all claims that the Surety as an unlicensed contractor. 18. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. Surety shall not assign this Agreement without the written consent of Owner. Assignment without such written consent shall be void. 19. No Modification Except in Writing_. This Agreement cannot be modified except in a writing signed by both Owner and Surety. 20. This Agreement Controls. In case of conflict between the provisions of this Agreement and the provisions of the Contract and/or Performance and Payment Bonds, this Agreement shall control. Notwithstanding any other provision herein, this Agreement shall not be interpreted to limit any of the Owner's rights under the Contract or the Performance Bond. Further, this Agreement, the Contract and the Performance and Payment Bonds constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 21. Construction and Application of Law. The parties stipulate that this Agreement and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that Agreement. The parties also agree that this Agreement and its performance shall be governed by and construed in accordance with all applicable local, state, and federal laws, regulations, rules, and ordinances. 22. Validity. The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the parties, but if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been a part of this Agreement. The headings of the Paragraphs are included solely for convenience of reference, and if there is any conflict between such headings and the text of Agreement, the Agreement shall control. This Agreement shall be governed by the laws of the State of California. 23. No Waiver. The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be deemed to be an original with all the counterparts constituting but one and the same instrument. 7 City Council 14 — 36 1/16/2024 25. Reservation of Rights. Notwithstanding any contrary statement or provision of this Agreement, nothing contained herein nor any payments made pursuant hereto nor any performance hereunder shall constitute a waiver of any claims by any party to this Agreement. 26. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. 27. Applicable Laws. In performing its obligations and duties under this Agreement, each party shall comply with all applicable local, state, and federal laws, regulations, rules, and ordinances. WHEREFORE, the parties have executed this Agreement by their authorized representatives. This Agreement is effective as of the last date written below. DATED: CITY OF SANTA ANA Thomas R. Hatch Interim City Manager DATED: ATTEST Jennifer L. Hall City Clerk DATED: 1/8/2023 APPROVED TO FORM �� OM J e Montoya Assistant City Attorney [Signatures continued on the following page] City Council 14 — 37 1/16/2024 DATED: RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency DATED: GREAT AMERICAN INSURANCE COMPANY By: C. Michael Mason Its: Senior Financial Products Claims Professional 9 City Council 14 — 38 1/16/2024 Takeover Agreement - Santa Ana Zoo (CAO 1.8.2024) (002) Final Audit Report 2024-01-09 Created: 2024-01-09 By: David Quintana (DQuintana@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAKkpuwxJ-bITzRMfJQzbNVC21zoKCovks "Takeover Agreement - Santa Ana Zoo (CAO 1.8.2024) (002)" H istory Document created by David Quintana (DQuintana@santa-ana.org) 2024-01-09 - 10:23:37 PM GMT- IP address: 98.153.69.210 Document emailed to cmason3@gaig.com for signature 2024-01-09 - 10:24:21 PM GMT Email viewed by cmason3@gaig.com 2024-01-09 - 10:52:45 PM GMT- IP address: 136.226.122.195 &o Signer cmason3@gaig.com entered name at signing as C. Michael Mason 2024-01-09 - 10:53:43 PM GMT- IP address: 136.226.122.195 d4 Document e-signed by C. Michael Mason (cmason3@gaig.com) Signature Date: 2024-01-09 - 10:53:45 PM GMT - Time Source: server- IP address: 136.226.122.195 Q Agreement completed. 2024-01-09 - 10:53:45 PM GMT Ado i y ounce . 14 — 39 1/16/2024 EXHIBIT 5 FIRST AMENDMENT TO CONSTRUCTION SUPPORT SERVICES AGREEMENT WITH CLR DESIGN INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 16th day of January 2024, by and between CLR Design Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RF.0 TTAT,C A. On April 20, 2021 the City entered into Agreement #A-2021-060 ("Agreement") with Consultant to provide construction administration and management services for the Santa Ana Zoo Giant River Otter and Primate Trails Project and related matters for the term of two years with two (2) one-year renewal option(s) exercisable by the City Manager and the City Attorney. B. On April 3, 2023, the parties exercised the first option to extend the Agreement (#A-2021- 060-01) for an additional one-year term until April 19, 2024. The Agreement is current and in -effect. C. Due to changes with an outside contractor, the parties have determined that the services provided for Task 5 Services for Construction Administration and Project Closeout will require additional time and compensation for Consultant to complete said services. D. The parties therefore wish to amend the Agreement to supplement the scope of services, increase the compensation to the Agreement, and exercise the second and final option to extend the term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 1, SCOPE OF SERVICES, is amended to include Exhibit A-1 to this First Amendment, attached hereto and incorporated by reference, to reflect the additional time and services required for Task 5 services previously contemplated by the Agreement. 2. Section 2, COMPENSATION, is amended to remove and replace the hourly billing and rate schedule in Exhibit B with Exhibit B-1 to this First Amendment, attached hereto and incorporated by reference. The compensation to this Agreement shall be increased by an additional $75,000. The total amount to be expended, during the term of this Agreement, shall not exceed $193,000. 3. Section 3, TERM, is amended to reflect the parties option to exercise the second and final extension of the term of the Agreement for an additional one year period through April 19, 2025. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. City Council 14 — 40 1 /1 F gi of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney �� n _OL J se Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONSULTANT 90�- 13Gregg Leicester Title: Principal City Council 14 — 41 1 /1 of 2 Exhibit A-1 ECIr D E S I G N EXHIBIT DESIGN • ARCHITECTURE • LANDSCAPE ARCHITECTURE mark e. beauchamp, asla • gregoryj. dykstra, aia • gregg b. leicester, asla August 2, 2023 Edward A. Torres Senior Engineer Public Works Agency I CIP Delivery Engineering City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Sent via email Re: Contract Amendment for Task 5 Services - Santa Ana Zoo Giant River Otter & Primate Trails Project (No. 16-2658) Dear Edward, As a follow-up to our recent correspondence, we appreciate this opportunity to submit a proposal for an extension to our Task 5.2 [Construction Administration] and Task 5.3 [Project Closeout] Phases services for the above referenced project. As discussed, we understand the City of Santa Ana is going through a process to procure a new general contractor to execute the final stages of construction. This will require additional time both for the procurement process as well as construction. At this time, we are assuming the construction duration, and services by our team, will extend 6-12 months from now. This Contract Amendment assumes that CLR Design, and our team of sub -consultants, will continue to perform the scope of services defined in our current Agreement and we will invoice accordingly until those services are complete. We have approximately $30K +/- remaining in unbilled fees and expenses, to date. In anticipation of additional virtual meetings, correspondence, and on -site construction observation visits, we are proposing to proceed on a time and materials basis beyond our current Agreement. Additional Professional Fees and Expenses Summarv: Consultant Scope NTE Fees & Expenses* CLR Design and team Tasks 5.2 Construction Administration $25,000 of Engineering Sub- and 5.3 Project Closeout Consultants Total $25,000 *Reimbursable expenses for travel (local from CA office), reproduction, scanning, mailing/shipping and communication will be billed at cost as incurred. City Council t 215.564.0250.14wjlrj�2gn.com • 833chestnut street, suite 9P?J-@hf�?�4ia,pa19107 34921 calle del sol • capistrano beach, ca 92624 CLR will carry out the work described here on a Time and Materials basis, for a Not -to Exceed (NTE) amount of $25,000. Invoices are prepared monthly based on work completed and are due upon receipt. If subsequent Zoo/City of Santa Ana directives alter the anticipated scope of work, CLR reserves the right to modify this and future Proposals. Through our monthly project correspondence and invoicing process, we will keep you apprised of our Team's time expended as we continue with this project. We trust this proposal reflects your understanding of the desired work to be completed by the CLR Team. Please review this Amendment and if you have any questions, do not hesitate to call. If this proposal is acceptable to you, please execute one copy and return it to CLR for our files. We look forward to continuing our work with you on this exciting project. Sincerely, Gregg Leicester, ASLA, LEED GA Principal CLR Design Inc. cc: Karen Marshall Attachments: Hourly Rate Chart (2023) Accepted By: City of Santa Ana Date Kelsey Weber, AIA Architect CLR Design Inc. City Council 14 — 43 1/16/2024 Er D E S I G N Exhibit B-1 EXHIBIT DESIGN • ARCHITECTURE • LANDSCAPE ARCHITECTURE mark e. beauchamp, asla • gregory j. dykstra, aia • gregg b. leicester, asla Standard Hourly Billing Rate Schedule Classification Hourly Billing Rate (US Dollars) Senior Principal $265.00 Principal $260.00 Senior Associate $215.00 Landscape Architect — Level 5 $195.00 Landscape Architect — Level 4 $175.00 Landscape Architect — Level 3 $130.00 Landscape Architect — Level 2 $110.00 Landscape Architect — Level 1 $ 95.00 Architect — Level 5 $195.00 Architect — Level 4 $175.00 Architect — Level 3 $130.00 Architect — Level 2 $110.00 Architect — Level 1 $ 95.00 Graphic Designer $105.00 Technical Support $ 85.00 Reimbursable Expenses Rate Printing, Reproduction, Postage & Shipping Travel and Subsistence cost cost The rates stated above represent current billing rates. CLR reserves the right to modify these hourly rates to reflect increases resulting from annual salary reviews. CLR Design, Inc., 0110112023 City Council t 215.564.0250-j4vLI;Ir*,gn.com • 833chestnutstreet,suite9p?1Wa, pa19107 34921 calle del sol • capistrano beach, ca 92624 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Landscape Maintenance Services for City Parks and Facilities AGENDA TITLE Approve Aggregate Agreements with DMS Facility Services, Landscape West Management Services, Inc., Mariposa Landscapes, Inc., and PCA Arborists & Consultants, Inc. dba Pacific Coast Horticulturists for Landscape Maintenance at City Parks and Facilities in an Aggregate Amount Not -to -Exceed $35,737,920 (RFP No. 23- 151) (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute aggregate agreements to DMS Facility Services, Landscape West Management Services, Mariposa Landscapes, Inc., and Pacific Coast Horticulturists for landscape maintenance services in an annual aggregate amount not - to -exceed $5,228,321, plus an annual contingency of $1,919,264, for a total aggregate amount not -to -exceed $35,737,920 for a three year term beginning February 1, 2024, and expiring January 31, 2027, with provisions for two, one-year extensions (Agreements A-2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation, and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA's Parks, Fleet, and Facilities Division provides landscape maintenance services at city parks and facilities. The previous contract was awarded in February 2020 to DMS Facility Services, Landscape West Management Services, and Pacific Coast Horticulturists. Since the implementation of the previous contract, there has been a need for supplemental landscape maintenance services across the City. With the increased number of park patrons, programming, and events at City parks, there has been an uptick in vandalism, irrigation systems theft, and extra trash cleanups around landscaped areas. The supplemental services are to provide additional trash pick-ups, repair damages created by unsheltered individuals, and provide clean and safe park spaces for the public. These services will also allow added pressure washing services for picnic areas, benches, new trash receptacles, and amenities to foster clean and welcoming park areas for City residents. Additionally, the new contract outlines new sports field renovation methods to improve the playing surface and safety of our natural City Council 15 — 1 1/16/2024 Landscape Maintenance Services for City Parks and Facilities January 16, 2024 Page 2 turf fields. The current aggregate contract expires January 31, 2024 and does not have any remaining renewal options. The Public Works Agency issued Request for Proposal (RFP No. 23-151) on October 20, 2023, inviting qualified landscape maintenance firms with relevant experience to submit their proposals to the City on PlanetBids. The RFP was advertised on the City's online bid management and publication system. A summary of the RFP and proposals received is as follows: 263 Vendors notified 30 Santa Ana vendors notified 32 Vendors downloaded the RFP packet 6 Proposals received 1 Proposal received from Santa Ana vendors Six proposals were received by the RFP deadline on November 14, 2023, opened, and all were deemed responsive. The selection committee with experience in landscape maintenance and related program services evaluated all proposals. The selected, highest -ranked firms will provide landscape maintenance services for the City. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: Firm Location Rank Landscape West Management Services Anaheim, CA 1 Mariposa Landscapes, Inc. Irwindale, CA 2 DMS Facility Services Anaheim, CA 3 Pacific Coast Horticulturists Santa Ana, CA 4 Parkwood Landscape Maintenance, Inc. Van Nuys, CA 5 Priority Landscape Maintenance, Inc. Anaheim, CA 6 Staff recommends awarding agreements to the four highest -ranked firms based on the City's projected needs. The proposals submitted by these firms demonstrated they have the necessary capacity and expertise to provide landscape maintenance services as specified in the RFP. Additionally, the firms' rates are reasonable and within industry standard, and the proposals were determined to provide the best overall value for the City. DMS Facility Services, Landscape West, and Pacific Coast Horticulturists currently provide the landscape services for the City. Mariposa Landscapes previously provided landscape services for the Corporate Yard. FISCAL IMPACT Funding is available in FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. City Council 15 — 2 1/16/2024 Landscape Maintenance Services for City Parks and Facilities January 16, 2024 Page 3 Fiscal Accounting Fund Accounting Amount Year Unit -Account # Description Unit, Account Description FY 23-24 01117651-62320 General Fund Park $120,530 February Maintenance to June Service Enhancement, Maintenance & Repair Buildings & Ground I 01117652-62320 General Fund Park $2,164,150 Maintenance Service Enhancement, Maintenance & Repair Buildings & Ground 01111110-62300 General Fund Library $11,700 Administration, Contract Services - Professional 01114403-62300 General Fund Building & $2,733 Facility, Contract Services - Professional 02718131-62300 Parking Fund Parking Meter, $21,970 Contract Services - Professional 07417655-62320 Civic Center Civic Center $384,000 Maintenance Maintenance - Maintenance & Repair Buildings & Ground 01113017-62300 General Fund PRCSA-Zoo — $273,078 Contract Services - Professional FY 2023-2024(February to June TOTAL $2,978,161 City Council 15 — 3 1/16/2024 Landscape Maintenance Services for City Parks and Facilities January 16, 2024 Page 4 Fiscal Accounting Fund Accounting Amount Year Unit -Account # Description Unit, Account Description FY 24-25 01117651-62300 General Fund Park $21,932,921 to 27-28 Maintenance Service Enhancement, Contract Services - Professional 01111110-62300 General Fund Library $112,320 Administration Contract Services - Professional 01114403-62300 General Fund Police Building $26,236 & Facility Services, Contract Services - Professional 02718131-62300 Non -General Parking Meter, $210,906 Fund- Contract Enterprise Services - Professional 07417655-62320 Non -General Civic Center $3,686,400 Fund Maintenance - Maintenance & Repair Building 01113017-62300 General Fund PRCSA- Zoo — $2,621,549 Contract Services - Professional FY 2024-25 to 27-28 TOTAL 28590332 FY 28-29 01117651-62300 General Fund Park $3,198,552 July to Maintenance January Service Enhancement, Contract Services - Professional 01111110-62300 General Fund Library $16,380 Administration, Contract City Council 15 — 4 1/16/2024 Landscape Maintenance Services for City Parks and Facilities January 16, 2024 Page 5 Fiscal Accounting Fund Accounting Amount Year Unit -Account # Description Unit, Account Description Services - Professional 01114403-62300 General Fund Police Building $3,827 & Facility Services, Contract Services - Professional 02718131-62300 Non -General Parking Meter, $30,758 Fund Contract Services - Professional 07417655-62320 Non -General Civic Center $537,600 Fund Maintenance - Maintenance & Repair 01113017-62300 General Fund PRCSA- Zoo — $382,310 Contract Services - Professional FY 28-29 (July to January TOTAL $4,169,427 EXHIBIT(S) 1. Agreement with DMS Facility Services 2. Agreement with Landscape West Management Services, Inc. 3. Agreement with Mariposa Landscapes, Inc. 4. Agreement with Pacific Coast Horticulturists Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Tom Hatch, Interim City Manager City Council 15 — 5 1/16/2024 EXHIBIT 1 AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between DMS Facility Services, 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 October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors A. Contractor submitted a responsive proposal that was amongst one of the four (4) vendors 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 the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform 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 and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 1 and 4. 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. The total aggregate sum for services, provided by all four (4) Contractors selected under REP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 15 — 6 1/16/2024 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 16, below. 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 Page 2 of 10 City Council 15 — 7 1/16/2024 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 $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 or 25 04) or the general aggregate 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 limit no 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. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 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. Page 3 of 10 City Council 15 — 8 1/16/2024 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 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). 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 officers, officials, employees, or volunteers shall be excess of the Contractor'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 Contractor hereby grants to City a waiver of any right to subrogation which 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. 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. 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 (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. Page 4 of 10 City Council 15 — 9 1/16/2024 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 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 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. 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. 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. 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the 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 Page 5 of 10 City Council 15 — 10 1/16/2024 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. 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. Page 6 of 10 City Council 15 —11 1/16/2024 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, 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. Page 7 of 10 City Council 15 — 12 1/16/2024 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 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. 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: City Clerk 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) Page 8 of 10 City Council 15 — 13 1/16/2024 P.O. Box 1988 Santa Ana, California 92702 To Contractor: DMS Facility Services Attn: Carole Thorsell, EVP / Risk Management 2861 E. Coronado St. Anaheim, CA 92806 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. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 15 — 14 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BVI onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR: "��77� Loren R Dotts President Page 10 of 10 City Council 15 — 15 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 15 — 16 1/16/2024 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations 5 B. Specialty / Sports Areas 6 1. Sand Court Areas 6 2. Hard Surface Areas 7 3. Bicycle Trails/AC Walkways 7 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 7 5. Parking Lots, Bike Trails, and Roads 7 II. IRRIGATION A. General Information 9 B. Water Management 9 C. Maintenance 11 D. Repair 13 E. Personnel 14 F. Materials 14 III. TURFGRASS A. Maintenance — Overview 16 B. Inspections — Sports/Priority Turf 18 C. Casual Turf 18 D. Sports/Priority Turf 19 E. Renovation Process 21 IV. EDGING AND DETAILING A. General Specifications 23 V. GROUNDCOVER A. General Specifications 24 VI. SHRUBS RFP �Gaty1 Council Landscape Maintenan1s9SMv1c7s 1 /1 CPQ024f 135 (9) CITY OF SANTA ANA A. General Specifications 26 VII. VINES A. General Specifications 28 VIII. TREES A. General Specifications 29 B. Trees Under 15 Feet 30 IX. LAKE MAINTENANCE A. General Specifications 32 X. PEST CONTROL A. General Specifications 33 B. Procedure 33 XI. WEED CONTROL A. General Specifications 36 B. Weed Control of Hard Surfaces 36 C. Weed Abatement of Fallow or Undeveloped Lands 36 XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications 38 B. Schedule 38 C. Pressure Washing 39 XIII. HOMELESS TASKS / CLEANUP A. General Specifications 40 XIV. DRAINAGE APERTURES A. General Specifications 41 XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 42 XVI. GUARANTEE AND /OR REPLACEMENT POLICY A. General Specifications 43 XVII. REPORTS AND SCHEDULES A. General Specifications 44 B. Reports 44 RFP ga#y1 Council Landscape Mai ntenan1&9S- rv1c5s $4?02"Af 135 (9) CITY OF SANTA ANA C. Schedules 45 XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports 47 B. Irrigation Schedules 47 XIX. CIVIC CENTER A. General Specifications 48 B. Annual Color Planting and Maintenance Specification at Civic Center 49 C. Vandalism 50 D. Quality of Life Team (QOLT) at Civic Center 50 XX. LAWN BOWLING A. General Specification, Lawn Bowling 53 XXI. CENTENNIAL PARK A. Centennial Park 55 XXII. VACANT LOTS A. Vacant Lots 56 XXIII. SANTA ANA STADIUM A. Santa Ana Stadium 57 XXIV. SANTA ANA ZOO A. Santa Ana Zoo 58 RFP �Gaty1 Council Landscape Maintenan1s9SMv1d9s 1 / 1 CPQ02"Af 135 (9) CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well -polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP ga#y1 Council Landscape Maintenan1&9S- rZs 1 /1 $Q02W 135 aCITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six -Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty / Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP �Gaty1 Council Landscape Maintenanls5Sm-2cls 1/1 CPQ02_Af 135 E) CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP �Gaty1 Council Landscape Maintenanls5Sm 22s 1 / 1 CPQD2'Kf 135 a CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand -like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP �Gaty1 CounclI Landscape Maintenanls5Sm Zs 1 / 1 CPQ02"Af 135 CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non -centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar -powered controllers (Leit) RFP �Gaty1 Council Landscape Maintenanls5smr,Z4s 1 /1 CPQD2'Kf 135 )CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non -target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery -operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non -centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP �Gaty1 Council Landscape Maintenanls5Sm Zs 1 /1 CPQ0Mf 135 CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP �Gaty1 Council Landscape Maintenanls5Sm Zs 1 /1 CPQ024f 135 D. Repair CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one (1) time per calendar year quarter (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 101h, and January 10th). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery -operated valve, which shall be inspected two (2) times per year. 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP �Gatty1 Council Landscape Maintenanls5Sm Zs 1 /1 CPQ024f 135 CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third -party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost -per -repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of theverbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP �Gaty1 Council Landscape Maintenanls5Sm as 1 /1$Q020of 135 CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote -control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high -usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP �Gaty1 Council Landscape Maintenanls5SmZs 1 /1 18PQPZ4Df 135 e) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP �Gaty1 Council Landscape Maintenanls9SM-3 s 1 / 1 CPQD2Af 135 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance — Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. Casual Turf Mowin All "casual" turf (non-sport/priority turf) shall be mowed every other week, from October 31 st to February 281" of each year. "Casual" turf shall be mowed each week from March 1 st to November 1 st of each year. Each year the DR will select the dates in mid -November and mid -March when the Contractor shall transition from every other week mowing to once -a -week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2% 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single -day operation per given area. 5. The contractor shall not mow areas where the soil is over -saturated. 6. All litter shall be removed from the turf before each mowing. RFP �Gaty1 Council Landscape Maintenanls55`a41s 1 /1$Q0216of 135 w�1 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches, tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP �Gaty1 Council Landscape Maintenanls9sm-2s 1 /1 CPQ0Z%f 135 a CITY OF SANTA ANA B. Inspections — Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed -free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One — Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP �Gaty1 Council Landscape Maintenanls9SM,,,Us 1 /1 CPQP24Df 135 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two - passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re -seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Turf in this Contract shall be mowed using a power -driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod -cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP �Gaty1 Council Landscape Maintenanls5SM Us 1 /1 CPQPZ%f 135 CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated -ove rseed ed in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf -type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 15. Immediately after overseeding the Contractor shall apply W minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City -supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP �Gaty1 Council Landscape Maintenanls9SM,,�s 1 /1$Q020of 135 aCITY OF SANTA ANA advance to avoid shortages or "out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 2. Day 2 3. Day 3 4. Day 4 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf -type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. a. Apply seed and drag -in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over -seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply'/4" minus STA-approved compost topper from R&S Soils) a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP �Gaty1 Council Landscape Maintenanls9SM Ns 1 /1 CPQ04'Kf 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas -powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like -sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk -behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel -cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP �Gaty1 CounclI Landscape Maintenanls9SMvUs 1 /1 CPQ04?4f 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor -applied herbicides shall be replaced at Contractor's expense. 7. The use of pre -emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre -emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up -lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr - Jun), and again in the fall (Sep -Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch Y- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP �Gaty1 Council Landscape Maintenanls9SM as 1 /1 CPQ04-Af 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6" deep on a weekly basis while awaiting fresh mulch. RFP �Gaty1 CoundI Landscape Maintenanls9SM-9s 1 / 1 CPQ04-Af 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter -planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline -powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like -kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards 'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2) feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre -emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP �Gaty1 Council Landscape Maintenanls9S rMs 1 /1 CPQD4')Af 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP �Gaty1 Council Landscape Maintenanls55MAIs 1 /1 CPQ04'Kf 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards 'Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre -emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP �Gaty1 Council Landscape Maintenanls9SM Qs 1 /1 CPQ04-4f 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly -planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve -foot (12') clearance within park boundaries and fifteen -foot (15) clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper -retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP �Gaty1 Council Landscape Maintenanls9SMAs 1 /1 CPQ04-Af 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re -cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double -staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City -approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally -spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre -approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved 3"-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On -call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP �Gaty1 Council Landscape Maintenanls9S r"s 1 /1 CPQ04-Af 135 SECTION IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP �Gaty1 Council Landscape Maintenanls9SM45s 1 /1 CPQ04-Af 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP �Gaty1 Council Landscape Maintenanls9S rMs 1 /1 CPQD@'Kf 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain -free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on -site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP �Gaty1 Council Landscape Maintenanls55mAc7s 1 /1 CPQW4f 135 parts and dispose of them off -site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non -target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP �Gaty1 CounclI Landscape Mai ntenanIs9Se-r s 1 /1 CPQP@'IAf 135 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non -selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four (4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). RFP �Gaty1 Council Landscape Maintenanls55`ar"s 1 /1 CPQ0@_Af 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed -free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP �Gaty1 Council Landscape Maintenanls5Smrw5s 1 / 1 CPQWAf 135 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site (sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off -site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP �Gaty1 Council Landscape Maintenanls5Sm kIs 1 /1 CPQD@_Kf 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP �Gaty1 Council Landscape MaintenanIs5Sm,.%Z 1 /1 CPQO@_Kf 135 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP �Gaty1 Council Landscape Maintenanls5Sm Us 1 /1 CPQD@"Af 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP �Gaty1 Council Landscape Maintenanls5sm kl 1 /1 CPQOi'Kf 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. RFP �Gaty1 Council Landscape Maintenanls5Smrw55s 1 /1 CPQDS-Kf 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications 1. Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP �Gaty1 Council Landscape Maintenanls5Sm,56s 1 /1 CPQD@'Kf 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours — as submitted to DIR b. Pesticide application reports — daily, including NOI c. Pesticide Use Reports — monthly d. Incident and Accident Reports — immediately e. Hazard Reports — immediately f. Refuse — shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) — daily, by site, amount, date, material h. Water truck (if applicable)— gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism — weekly, by site k. Homeless encampments — weekly I. Sports field renovation schedule — will be provided by CR. m.Lake problems or challenges — immediately n. Damage to appurtenances — immediately o. Plant replacement, by area — immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits — monthly s. Hardscape cleaning — monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work — weekly, as requested w. Vacant lots log contract completion — quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance — monthly z. Bike trails/Asphalt Cement walkways — monthly RFP �Gaty1 Council Landscape Maintenanls5SmUs 1 /1 CPQO@24f 135 aa. Pressure washing amenities and playgrounds — monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: C. Schedules 1. 2 bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. Required schedules and frequencies of delivery are: a. Mowing services for each park site — weekly b. Shrub trimming (backup lot, medians, parks, MOU) — quarterly c. Irrigation audit — quarterly d. Irrigation evaluation of athletic fields — weekly e. Divot/low spot filling of sports/priority fields — weekly f. Tree raising — weekly, as needed g. Coal bin cleaning — weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [1 ] week later by string trim) — quarterly j. Weed abatement (vacant lot/wild lot) — quarterly k. Other weed abatement — monthly I. Cleaning of parking lots and park roads — weekly m. Mulching — bi-annually n. Sport court cleaning — weekly o. Groundcover trimming — monthly p. DG surface repair — monthly q. Bike trail chemical edging — monthly r. Special projects and locations — as requested s. Supplemental and locations — as requested t. Irrigation programs —weekly u. Additional Extra Work — as needed v. Lake cleaning — weekly w. Lake debris — daily RFP �Gaty1 Council Landscape Maintenanls5Sm Us 1 /1$Q0s"Af 135 x. Other items as requested by the CR — as needed 3. Any other activities that Contractor performs on a regular or semi -regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City - observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP �Gaty1 Council Landscape Maintenanls5Sm,29s 1 / 1 CPQD@"Af 135 (9) A. Irrigation Reports CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually -watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP �Gaty1 Council Landscape Maintenanls5Sm Us 1 / 1 CPQWAf 135 SECTION XIX CIVIC CENTER A. General Specifications 1. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10.AII turf in the Civic Center area is considered priority turf. 11.Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year (first week of January, May, and September) as detailed in Attachment 5. 12.Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13.The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14.All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP �Gaty1 CounclI Landscape Maintenanls5"Is 1 /1 CPQD@-Kf 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15.The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16.After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17.Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18.The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19.Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer — April through October 1 RFP �Gaty1 Council Landscape Maintenanls5Sm- 2s 1 /1 CPQP@'Kf 135 C. Vandalism Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on -call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre -planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP �Gaty1 CoundI Landscape Maintenanls5Sm +Ws 1 /1$Q04"Af 135 4. Contractor may be assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work -scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non -soiled duffel bags, and non -soiled and organized bedrolls. 8. General: 9. Staffing: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. a. Mobil Unit: Two (2) full-time employees from Monday — Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday -Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP �Gaty1 Council Landscape Maintenanls5Sm "s 1 /1 CPQ0@'Kf 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. B. Mowing Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL 1. Bowling at the Santiago Park greens must be done in a north -south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to'/4". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. RFP �Gaty1 Council Landscape Maintenanls5Sm +Us 1 /1 CPQ0@_Kf 135 3. Grooming: 4. Aeration: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with '/z-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor (separate contractor) and immediately finish by watering. RFP �Gaty1 Council Landscape MaintenanIs5SmrQs 1 /1 CPQD7'6%f 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANTLOTS A. Vacant Lots The Contractor shall perform daily blowing -off, trash and debris removal, including managing weeds. 1. 10t" and Flower 2. 1 st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP �Gatty1 Council Landscape Maintenanls5Smrk7s 1 /1 CPQO- Af 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed: All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP �Gaty1 Council Landscape Maintenanls5Sm Us 1 / 1 CPQ020of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds -Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric -powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No -Mow Turf - Trees maintained with natural no -mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs - Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP �Gaty1 Council Landscape Maintenanls5Sm +�s 1 /1 CPQ07-Af 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged -up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand -watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm -season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6" with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures& Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material - To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP �Gaty1 Council Landscape Maintenan1s5Ser7cQs 1 /1 CPQD-�Af 135 19. Inspection of Perimeter Fence — Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits — a. Quarterly, the Contractor shall blow -off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating — The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing -Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting — The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP �Gaty1 Council Landscape Maintenanls5Ser7cls 1 /1 CPQP7_Af 135 APPENDIX I TERMINOLOGY A. Interpretation / Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or "Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 15 — 72 1/16/2024 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non -emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel, or mitigate a pest, orwhich are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 15 — 73 1/16/2024 interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill - diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 15 — 74 1/16/2024 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 15 — 75 1/16/2024 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 15 — 76 1/16/2024 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non -Interference 1.5 Consumable Materials and Supplies — Contractor -Supplied 1.6 Consumable Materials and Supplies — City -Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 15 — 77 1/16/2024 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call -Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor / Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non -Emergency Call -Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 15 — 78 1/16/2024 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing IwKo]►11:LToa2101;IQON21►VA121►11_1►1D1: 01-111LOL,IIIs] ► 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 15 — 79 1/16/2024 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk- through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 15 — 80 1/16/2024 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre -approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre -approved schedules during City business or non -business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). The contractor shall be available for on -call services twenty-four (24) hours a day. Non -emergency on -call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on -call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) On -call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 15 — 81 1/16/2024 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s) for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi -regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non -Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor -Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning -related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 15 — 82 1/16/2024 Brick dust Grass seed (as specified) k. Fertilizer (as specified) Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City -Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs — water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 15 — 83 1/16/2024 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their faciIities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non -action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 15 — 84 1/16/2024 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces Hazardous or suspicious materials/items Insect, rodent, or bird infestations k. Homeless persons or their possessions Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor -damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 15 — 85 1/16/2024 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off -site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 15 — 86 1/16/2024 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel -powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam -cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles maybe permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non -regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 15 — 87 1/16/2024 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City -owned locks initially provided to the Contractor. The City shall exchange, one - for -one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re -keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 15 — 88 1/16/2024 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed -free, well -organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights -of -way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 15 — 89 1/16/2024 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. 3.10 Vandalism The contractor shall report any damage to City property, including but not limited to vandalism, Acts of God, and third -party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on -going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm -related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s) to cooperate. 3.12 Protection of Existing Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 15 — 90 1/16/2024 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call -Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non -typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call -Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 15 — 91 1/16/2024 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non -operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance -based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s) will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 15 — 92 1/16/2024 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 15 — 93 1/16/2024 3.15.4 Contract -designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked -in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five (5) years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest -adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 15 — 94 1/16/2024 3.17 Manaaement and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract, Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 15 — 95 1/16/2024 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting, the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana. All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hiring The City encourages Contractor to create new jobs for low or moderate -income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre - qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor / Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 15 — 96 1/16/2024 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: a. Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non -Emergency Call -Outs Time and materials shall be charged for payment on a separate invoice and pre -approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 15 — 97 1/16/2024 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 15 — 98 1/16/2024 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Requirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 15 — 99 1/16/2024 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, greenwaste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel -powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 15 — 100 1/16/2024 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 15 — 101 1/16/2024 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on -site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 15 — 102 1/16/2024 (9) CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 15 — 103 1 /16/2024 EXHIBIT B VARIOUS CITY SITE MAPS City Council 15 — 104 1/16/2024 MC! 1e ten. 11 A' �' •u iF Ir *1 Jon. Z' J W a 0 City Council 15 — 105 1/16/2024 District 1 - 17th Street Triangle Park GIS Park Boundary (1) r10 LNJ 0 25 50 Feet 17th Street Triangle Park City Council 15 — 106 1/16/2024 tr- slow �,rr. 3� F. �1 A. OH ®siiir .A v }. r ' c7 `nn''iI�rr s xad y ©ur _, �r r J, ;.. 40 Playground Asset(2) Facility Structure Restroom (1) MUIMLll- r-IC1U Multipurpose Field (11 Athletic Court Basketball Court (1) Hand Ball Court (1) GiS Park Boundary (1) L�J 0 50 100 Feet Cesar Chavez Campesino Park City Council 15 — 107 1/16/2024 r .. ►' :� r J Boom i j3w_ Ow ; s ii Al 1• _ Aw YA �-1.777qrl "VOW I T' ..---.i•!!— U�.�. 1Al-CA�lar+n°'1ALj�n4'�4 - uir 1 71 pm Irk � i•.�' � •� V °;� 5 mac. a�-._�_L-la's •�L_l� � � � � �� �- 7.- A, a�� !Rti�y?tau 1 � �jZ1, r _ a JL I jr JL -we - N � U7 •��=� err fi -'� t�_,,,:,lr► .� - Playground Asset(2) Facility Structure QRestroom (1) iii$ Park ovuriUary (i) 0 110 220 v Feet Edna Park City Council 15 — 108 1/16/2024 Q S j i Playground Asset (2) ! 1 Facility Structure _ -AINk Center Co �� Concession St nee 1 � r Concession Stand (1) r� Public Garden Building f1) _ (Q Restroom (1) r t� — -- Athletic Field Baseball Field (1) _ ilkAW �� I, Multipurpose Field (1) 1,JO 1=1 Garden (1) Athletic Court ^ Bas anal G ur (2) i i Q Fitness Court (1) Hand Ball Court0) 1 jI I K. �.- i i" _ K�--e I U 50 100 Fi�et El Salvador Park City Council 15 — 109 1 /16/2024 Q GIS Park Boundary (1) G 20 40 Feet Fairview Triangle Habitat Restoration City Council 15 —110 1 /16/2024 . F.. Not 1 /wo .Am�mmmw IWOWK. �,Z4&�- / f =�T`.*2_a tit �' i ' _i_ - �.., YJ f _ AM mow—, .'mm mff�mw M-1 W A Wor 49 1 _ai' m�,, Mft WW WWI- �sff I a 1 : `- GIS Park Boundary (1 ) 0 20 40 Feet King Street Urban Greening (nronn�ad) City Council 15 —111 1/16/2024 y_lall Playground Asset (1) Athletic Court Fitness Court (1) GIS Park Boundary (1) 0 20 40 Feet Memory Lane Park City Council 15 —112 1/16/2024 r �. -T IM...�.- „fir i� layground Asset (1) Facility Structure Concession Stand (1) Public Utility Structure (1) Restroom (1) Athletic Field Baseball Field (3) Athletic Court J Basketbali Court (1) GtS Park Boundary (1) Riverview Park City Council 15 —113 1/16/2024 "tF i hit �1■i` .I+ sJ.y s tt.rs IIIR■■W r6 �I•itl 1� �''t� .a lAWILE 7 w n I.._. v I ..+�. 40 Playground Asset (1) Facility Structure ® Community Center (1) i Concession Stand (1) Q Restroom (2) Athletic Field Baseball Field (1) Soccer Field (1) Athletic Court I� Fitness Court (1) Q Hand Ball Court (1) r1 Pnnl rll GIS Park Boundary (1) 11 0 ILL iiiF.l. M 'if .'6 Ain�'■■II .. _- jr 0 s0 100 Feet _ Ifs do1144' MOVI +�. li Rosita Park _ ■L 11 -* �1 7 1�■■31■■I`r: h 1 d_ A City Council 15 —114 1/16/2024 1 m City Council 15 —115 1 /16/2024 APPENDIX VI Playground Asset (2) Facility Structure Concession Stand (1) Public utility Structure (3) 1 !�� f \ Restroom (1) " l Athletic Field Baseball Field (1) Athletic Court _J Baskeibaii Court (3) 1 LA I ' GIS Park Boundary (1) _ F 'At Omni& It - -Mow---�w�� AML _ 1 it;- '�V NIL—.� 1 pr .mmiaL Ell oimii� I o ao 80 _ - v Feet Adams Park W WA RUE City Council 15 —116 1/16/2024 a) mW Segerstrom Ave XW Carriage Or, CA CD C W Garry Ave V Garry Ave m W — o CID r W Moore Ave Ana River Bike Trail r Fr�e�avt Alton Ave Prrtwn�an,:� Blackhawk Dr rn U3 m z � a c a rook Dr W m 0 a R a C a N aCL m � m w ; Rd Mac Arthur Blvd City Council 15 —117 1/16/2024 Playground Asset(6) Facility Structure Public Utility Structure (2) Restroom (2) Athletic Field Baseball Field (3) Athletic Court [� Basketball Court (1) ... . vva[erbody (i ) GIS Park Boundary (1) r w 6 120 240 Feet Carl Thornton Park City Council 15 —118 1 /16/2024 49 Playground Asset(3) Facility Structure Park Operations Struc. (2) II Restroom (5) Athletic Field Football Field (1 ) Multipurpose Field (1) Soccer Field (3) Athletic Court L� Skate Park (1) ID Waterbodv (2) GIS Park Boundary (1) N 0 175 350 Feet Centennial Regional Park City Council 15 —119 1 /16/2024 Q4 - ads I F ;L YI n'f�•, *,�� � �"'fJ GIS Park Boundary (1) All i.NA Q 10 20 0 TE " SAPD Training Center (at Centennial Park) City Council 15 — 120 1/16/2024 x Playground Asset(1) G 1 S Park Boundary (1) 6 11 Feet Friendship Park City Council 15 — 121 1 /16/2024 0 X m m Z C r r m rn mn YJ o1 rNa ne r Ave SO Cf�nwwr of CD Vq:ti _ Null Ave A m C CD (Pi 4 _ gefstrom Ave Ada WKr Q VrRom City Council 15 — 122 1/16/2024 ewe 4 -11-1-1&�- '" __ _' _ IV-q �__'rI i i l ��■ ' � 1-1 t '.i -: �li�lil►l� ; �"L ,a �� Playground Asset (1) Facility Structure Public Utility Structure (1) L ReSiroviii (i ) Athletic Field Baseball Field (1) GIS Park Boundary (1) B 0 75 ISO Feet Heritage Park City Council 15 — 123 1/16/2024 r �Dv gt i y----=�.!Jerome Bike Trail City Council 15 — 124 1/16/2024 'i -I V' bit �, ,��� �i♦ Mal itt O"'If fj 6 IF / M. 1 Playground Asset(2) Facility Structure ® Community Center (1) `J Public Utility Structure (3) Q Restroom (1) Athletic Field Baseball Field (A) j Garden (1) Athletic Court Fitness Court (1) Hand Ball Court (1) �ll Pnnl !11 GiS Park Boundary (1) 0 100 200 v Feet Jerome Park City Council 15 — 125 1/16/2024 ��� k 11W ..,OIL,: Q GES Park Boundary (1) rw U ZU 4" Fo�et McFadden Triangle Park City Council 15 — 126 1/16/2024 �- A.. ram' IN E 1 IE GIS Park Boundary (1) f � 25 50 v F 1..• t Myrtle & Raitt Park City Council 15 — 127 1/16/2024 Santa Ana PAAL Center 4. In City Council 15 — 128 1 /16/2024 l I, - 7!!f•T 1 /� r i Wilt r;ff -� �► Playground Asset (2) Facility Structure ® Community Center (1) Sioraye Structure (1) Athletic Field Multipurpose Field (1) Athletic Court Q Basketball Court (1) 1� hand Bail Couri (1) Pool (1) G15 Park Boundary (1) -•M 0 50 100 Feet Santa Anita Park City Council 15 — 129 1/16/2024 me ^s -AA me q ':5 i!: i i u r 1 oiler' Playground Asset (1) Facility Structure QRestroom (1) �t�rage $iriic iure (i ) Athletic Field Multipurpose Field (1) Athletic Court Q Tennis Court (2) Gi5 Park Boundary (1) 0 60 120 Feet Windsor Park City Council 15 — 131 1/16/2024 EXHIBIT C PRICING PROPOSALS/RATES City Council 15 — 132 1/16/2024 ADDENDUM 2 - EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC. Acreage` Monthly Rate Yearly Rate Full Time Equivalents Cesar Chavez / Campesino 7 $ 10,500.00 $ 126,000.00 10 Edna 2 $ 6,750.00 $ 81,000.00 10 El Salvador 9 $ 13,600.00 $ 163,200.00 10 King St. Park" TBD $ 1,900.00 $ 22,800.00 Memory Lane 0.6 5 1,S50.00 $ 22,200.00 10 Riverview 8 $ 10,800.00 $ 129,600.00 10 Rosita 8 $ 12,000.00 $ 144,000.00 10 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Acreage" 17`h St. & Santa Ana River Triangle 0.69 $ 1,450.00 $ 17,400.00 10 Fairview Triangle 0.73 5 1,450.00 $ 17,400.00 10 Annual Total $ 60,300.00 $ 723,600.00 10 *Future Park DISTRICT 1: SANTA ANA LIBRARY Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage* Monthly Rate Yearly Rate Full Time ETC.] Equivalents New Hope Libray 0.56 $ 1,950,00 $ 23,400.00 3 Annual Total $ 1,950.00 $ 23,400.00 3 DISTRICT 2 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, E UIPMENT MATERIALS TRIP CHARGE DUMPING ETC.) Acreage Monthly Rate Yearly Rate Full Time E uivalents loth and Flower Park' 1.7 $ 1,500.00 $ 18,000.00 12 Angels Community 1.7 $ 3,335.00 $ 40,020.00 12 Birch 2.4 $ 2,175.00 $ 26,100.00 12 Cabrillo 7.3 $ 6,420.00 $ 77,040.00 12 Cabrillo Tennis Center 7.6 $ 3,775.00 $ 45,300.00 12 Cheppa's 0.4 $ 675.00 $ 8,100.00 12 Eldridge 1.2 $ 2,000.00 $ 24,000.00 12 Fisher 1.5 $ 2,075.00 $ 24,900.00 12 French 0.2 $ 500.00 $ 6,000.00 12 Garfield 0.1 $ 325.00 $ 3,900.00 12 Mabury 5.5 $ 3,500.00 $ 42,000.00 12 Mariposa 0.5 $ 800.00 $ 9,600.00 12 Morrison 5.9 $ 5,675.00 $ 68,100.00 12 Portola 9A $ 7,900.00 $ 94,800.00 12 Saddleback View 0.9 $ 1,550.00 $ 18,600.00 12 Santiago (including bike trail) 26 $ 19,825.00 $ 237,900,00 12 Parking Lots {MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage 602 N. Garfield Street 0.2 $ 250.00 $ 3,000.00 12 Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Garfield Community Center 0.2 $ 250.00 $ 3,000.00 4 Plaza Calle Cuatro 0.2 $ 275.00 $ 3,300.00 4 Sarah Mae Downie Herb Garden 0.1 $ 275.00 $ 3,300.00 4 Santa Ana Stadium 6.9 $ 6,500.00 $ 78,000.00 4 Willard Playground 0.2 $ 400,00 $ 4,800.00 4 Annual Total $ 69,980.00 $ 839,760.00 12 City Council 15 - 133 1/16/2024 *Future Park DISTRICT 2: COMMUNITY DEVELOPMENT AGENCY Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Linear Miles Monthly Rate Yearly Rate Full Time ETC.]Equivalents 2nd St from Broadway to Sycamore 0.1 $ 300.00 5 3,600.00 2 4th St. from Ross to French 0.5 $ 285.001 $ 3,420.00 2 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, Full Time EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Equivalents NE corner of 3rd St. and Bush St. 0.8 $ 400.00 $ 4,800.00 2 312 N. Bush Street 0.1 $ 285.00 $ 3,420,00 2 Annual Total 1 $ 1,270.001 $ 15,240.00 2 DISTRICT 3 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Acreage* Monthly Rate Yearly Rate Full Time Equivalents Bristol/TolliverPark* 1.1 $ 1,300.00 $ 15,600.00 3 Bomo Koral 11 $ 9,250.00 $ 111,000.00 12 Delhi 10.4 $ 9,250.001 $ 111,000.00 12 Lillie King 9.6 $ 9,D00.00 $ 108,000.D0 12 Madison 6 $ 6,785.00 $ 81,420.00 12 Memorial 15.5 $ 13,340.00 $ 160,080.00 12 Maple Occidental Exercise Park 0.43 $ 825.00 $ 9,900.00 3 Pacific Electric 1.4 $ 1,250.00 $ 15,000.00 5 Sandpointe (including paseos) 7.7 $ 6,925.00 $ 83,100.00 12 Segerstrom 1.2 $ 1,250,00 $ 15,000.00 3 Standard and McFadden Park 0.64 $ 825.00 $ 9,900.00 3 Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Linear Miles Monthly Rate Yearly Rate Flower Trail (Flower/Warner to Flower/Sunflower) 1.5 $ 3,190.00 $ 38,280.00 5 Pacific Electric Trail (Chestnut/Maple to Alton/Bristol) 3.5 $ 7,100.00 $ 85,200.00 5 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate 300 S. Main Street 0.4 $ 845,00 $ 10,140.00 3 1022 S. Main Street 0.1 $ 845.00 $ 10,140.00 3 Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Monthly Rate Yearly Rate Roosevelt/Walker Comm. Center 1.3 $ 2,385.001 28,620.00 5 Unused Property (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Monthly Rate Yearly Rate 625 S. Cypress - Cypress Fire Station 0.17 $ 825.00 $ 9,900.00 3 Annual Total I $ 75,190.00 $ 902,280.00 12 *Future Park DISTRICT 3: COMMUNITY DEVELOPMENT AGENCY Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage Monthly Rate Yearly Rate Full ime ETC. Equivalents Carnagie Homeless Shelter TBD Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage NE corner of 3rd St. and Bush St. 0.8 district 2 312 N. Bush Street 0.1 district 2 Annual Total City Council 15 — 134 1/16/2024 DISTRICT 4 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Acreage Monthly Rate Yearly Rate Full Time Equivalents ist/Mountain View Park" 1.7 $ 1,500.00 $ 18,000,00 3 Adams 7 $ 8,250.00 $ 99,000.00 13 Centennial 87 $ 22,775.00 $ 273,300.00 15 Ed Caruther's Park" 1.1 $ 1,650.00 $ 19,800.00 3 Friendship 0.1 $ 500.00 $ 6,000.00 3 Heritage 8 $ 8,800.00 $ 105,600.00 13 Jerome 14 $ 10,100.00 $ 121,200.00 13 Santa Anita 5 $ 7,000.00 $ 84,000.00 13 Thornton 35 $ 17,300.00 $ 207,600-00 15 Windsor 12 $ 9,350.00 $ 112,200.00 13 Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Linear Miles Monthly Rate Yearly Rate Full Time Equivalents Bear Street (Segertrom Ave. to MacArthur Blvd.) 0.49 $ 1,300.00 $ 15,600.00 5 Greenville Street (North of Hall Ave. to Segerstrom Ave.) 0.38 $ 1,500.00 $ 18,000.00 5 Jerome (Monte Vista Ave to McFadden Ave) 0.25 $ 1,200.00 $ 14,400.00 5 MacArthur Blvd {Santa Ana River Trail to MacArthur Blvd) 0.06 $ 1,100.00 $ 13,200.00 5 St. Andrew PI./St. Gertrude Pl. 0.18 $ 1,100.00 $ 13,200.00 5 Ra'dt Street (Segertrom Ave. to Alton Ave.) 0.25 $ 1,250.00 $ 15,00C.00 5 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC. Acreage McFadden Triangle 0.94 $ 2,000.00 $ 24,000.00 5 Annual Total $ 96,675.00 $ 1,160,100.00 15 'Future Park DISTRICT 4: SANTA ANA POLICE DEPARTMENT Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage' Monthly Rate Yearly Rate Fuli Time ETC. Equivalents Santa Ana PAAL Center 0.52 $ 1,400.00 $ 16,800.00 5 Annual Total 1 $ 1,400.00 $ 16,800.00 5 CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage Monthly Rate Yearly Rate Full Time ETC Equivalents $ 48,448.00 $ 581,376.00 9 Annual Total $ 48,448.00 $ 581,376.00 9 SANTA ANA ZOO ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS TRIP CHARGE DUMPING ETC.) Acreage Monthly Rate Yearly Rate Full Time E uivalents 20 $ 45,120.00 $ 541,440.00 7 Annual Total $ 45,120.00 $ 541,440.00 7 City Council 15 — 135 1/16/2024 EXHIBIT 2 AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Landscape West Management 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 October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four (4) vendors 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 the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform 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 and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Civic Center. 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. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 15 — 136 1/16/2024 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 16, below. 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 Page 2 of 10 City Council 15 — 137 1/16/2024 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 $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 or 25 04) or the general aggregate 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 limit no 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. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 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. Page 3 of 40 City Council 15 — 138 1/16/2024 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 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). 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 officers, officials, employees, or volunteers shall be excess of the Contractor'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 Contractor hereby grants to City a waiver of any right to subrogation which 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. 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. 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 (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. Page 4 of 10 City Council 15 — 139 1/16/2024 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 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 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. 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. 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. 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 Page 5 of 10 City Council 15 — 140 1/16/2024 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. 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. Page 6 of 10 City Council 15 — 141 1/16/2024 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, 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. Page 7 of 10 City Council 15 — 142 1/16/2024 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 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. 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: City Clerk 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) Page 8 of 10 City Council 15 — 143 1/16/2024 P.O. Box 1988 Santa Ana, California 92702 To Contractor: Landscape West Management Services, Inc. Attn: Michael Garibay, President 1234 N. Blue Gum St. Anaheim, CA 92806 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. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 15 — 144 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv;� onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR: Michael Garibay President Page 10 of 10 City Council 15 — 145 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 15 — 146 1/16/2024 (9) IV V CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations B. Specialty / Sports Areas 1. Sand Court Areas 2. Hard Surface Areas 3. Bicycle Trails/AC Walkways 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 5. Parking Lots, Bike Trails, and Roads IRRIGATION A. General Information B. Water Management C. Maintenance D. Repair E. Personnel F. Materials TURFGRASS A. Maintenance — Overview B. Inspections — Sports/Priority Turf C. Casual Turf D. Sports/Priority Turf E. Renovation Process EDGING AND DETAILING A. General Specifications GROUNDCOVER A. General Specifications VI. SHRUBS 5 6 6 7 7 7 9 9 11 13 14 14 16 18 18 19 21 23 24 RFP f4aty1 Council Landscape MaintenanUS-G W 1 /1 CPQP2?14f 135 (9) CITY OF SANTA ANA A. General Specifications VII. VINES A. General Specifications VIII. TREES A. General Specifications B. Trees Under 15 Feet IX. LAKE MAINTENANCE A. General Specifications X. PEST CONTROL A. General Specifications B. Procedure XI. WEED CONTROL A. General Specifications B. Weed Control of Hard Surfaces C. Weed Abatement of Fallow or Undeveloped Lands XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications B. Schedule C. Pressure Washing XIII. HOMELESS TASKS / CLEANUP A. General Specifications XIV. DRAINAGE APERTURES A. General Specifications XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications XVI. GUARANTEE AND /OR REPLACEMENT POLICY A. General Specifications XVII. REPORTS AND SCHEDULES A. General Specifications B. Reports RZT 29 30 32 33 33 36 36 36 38 38 39 :1 41 Gy, 43 11 RFP f4aty1 Council Landscape MaintenanUS-9,10 CPQD2Af 135 (2) C. Schedules CITY OF SANTA ANA XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports B. Irrigation Schedules XIX. CIVIC CENTER A. General Specifications B. Annual Color Planting and Maintenance Specification at Civic Center C. Vandalism D. Quality of Life Team (QOLT) at Civic Center XX. LAWN BOWLING A. General Specification, Lawn Bowling XXI. CENTENNIAL PARK A. Centennial Park XXII. VACANT LOTS A. Vacant Lots XXIII. SANTA ANA STADIUM A. Santa Ana Stadium XXIV. SANTA ANA ZOO A. Santa Ana Zoo 45 47 47 48 49 50 50 53 55 56 57 W RFP �Qaty1 CounclI Landscape MaintenanUS-9,10 1 / 1 CPQ02'Af 135 (9) CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well -polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP f4aty1 Council Landscape MaintenanUS-9459 1 /1$Q02Af 135 (2)CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six -Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty / Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP f4aty1 Council Landscape MaintenanUS-9451 CPQ02f 135 (2)CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP f4aty1 Council Landscape MaintenanUS-9452 CPQ02Kf 135 (2) CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand -like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP f4aty1 Council Landscape MaintenanUSGAU 1 / 1 CPQP�Af 135 (9) CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non -centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar -powered controllers (Leit) RFP f4aty1 Council Landscape MaintenanUS-9454 CPQ02Kf 135 (9) CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non -target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery -operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non -centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP f4aty1 Council Landscape MaintenanUS-9455 CPQ02Kf 135 w CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP f4aty1 Council Landscape MaintenanUS-9450 1 /1$Q024of 135 (9) D. Repair CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one (1) time per calendar year quarter (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10t", and January 101"). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery -operated valve, which shall be inspected two (2) times per year. 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP ;Qaty1 Council Landscape MaintenanUS-9457 1 / 1 CPQ024f 135 w CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third -party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost -per -repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP f4aty1 CoundI Landscape MaintenanUS-945a 1 /16Q020of 135 w CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote -control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high -usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP f4aty1 Council Landscape MaintenanUS-9459 1 / 1 6Q020of 135 e) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP f4aty1 Council Landscape MaintenanUSMAW 1 / 1 CPQP�Af 135 "1 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance — Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. Casual Turf Mowing All "casual" turf (non-sport/priority turf) shall be mowed every other week, from October 31 st to February 2811 of each year. "Casual" turf shall be mowed each week from March 1st to November 1 st of each year. Each year the DR will select the dates in mid -November and mid -March when the Contractor shall transition from every other week mowing to once -a -week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single -day operation per given area. 5. The contractor shall not mow areas where the soil is over -saturated. 6. All litter shall be removed from the turf before each mowing. RFP f4aty1 Council Landscape MaintenanUSMAW 1 /1 CPQPZ6bf 135 "1 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches, tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP f4aty1 Council Landscape MaintenanUSMAU CPQD?Kf 135 (2) CITY OF SANTA ANA B. Inspections — Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed -free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One — Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP f4aty1 Council Landscape MaintenanUSMAW 1 /1 CPQP�Af 135 "1 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two - passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re -seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Tun` in this Contract shall be mowed using a power -driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod -cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP f4aty1 Council Landscape MaintenanUSGAW 1 /1$Q020of 135 w CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf -type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City -supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP f4aty1 Council Landscape MaintenanUSMAU 1 /1$Q020of 135 (2)CITY OF SANTA ANA advance to avoid shortages or "out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf -type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag -in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over -seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply W minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP f4aty1 Council Landscape MaintenanUSMAW CPQ04Kf 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas -powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like -sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk -behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel -cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP f4aty1 Council Landscape MaintenanUSMAW 1 /1 CPQP4?14f 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor -applied herbicides shall be replaced at Contractor's expense. 7. The use of pre -emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre -emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up -lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr - Jun), and again in the fall (Sep -Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch Y- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP f4aty1 Council Landscape MaintenanUSMAW CPQ04Af 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6" deep on a weekly basis while awaiting fresh mulch. RFP f4aty1 Council Landscape MaintenanUSGAW CPQ04Af 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter -planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline -powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like -kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2) feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre -emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP f4aty1 Council Landscape MaintenanUS-GrvUQ 1 /1 CPQDZ4Df 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP f4aty1 Council Landscape MaintenanUS-GrW CPQ04Kf 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre -emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP f4aty1 Council Landscape MaintenanUS-GrvU2 1 /1 CPQD4'Kf 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly -planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve -foot (12') clearance within park boundaries and fifteen -foot (15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper -retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP f4aty1 Council Landscape MaintenanUS-GrW CPQ04Kf 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re -cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double -staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City -approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally -spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre -approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On -call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP f4aty1 Council Landscape MaintenanUS-GrvU4 CPQD4Kf 135 SFCTIMI IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP f4aty1 CoundI Landscape MaintenanUS�rvU5 1 �1 CPQ04 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP f4aty1 Council Landscape MaintenanUS-GrvUO CPQD9Kf 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain -free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on -site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP f4aty1 Council Landscape MaintenanUS-94W 1 /1 CPQP 1Af 135 parts and dispose of them off -site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non -target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP f4aty1 Council Landscape MaintenanUS-GrvUa 1 /1 CPQD@"Af 135 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non -selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four (4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). RFP f4aty1 Council Landscape MaintenanUS-GrvU9 1 /1 CPQP@'1Af 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed -free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP f4aty1 Council Landscape MaintenanUSGABQ 1 / 1 CPQWAf 135 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site (sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off -site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP f4aty1 Council Landscape MaintenanUSMABJ CPQD9Kf 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP f4aty1 Council Landscape MaintenanUSMAU 1 �1 CPQD@ 135 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP f4aty1 Council Landscape MaintenanUSMAW 1 /1 CPQP aAf 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP f4aty1 Council Landscape MaintenanUSMAW CPQP9Kf 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. RFP f4aty1 Council Landscape MaintenanUSMAB5 CPQP9Kf 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP f4aty1 Council Landscape MaintenanUSMABO 1 /1 CPQD@ 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours — as submitted to DIR b. Pesticide application reports — daily, including NOI c. Pesticide Use Reports — monthly d. Incident and Accident Reports — immediately e. Hazard Reports — immediately f. Refuse — shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) — daily, by site, amount, date, material h. Water truck (if applicable)— gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism — weekly, by site k. Homeless encampments — weekly I. Sports field renovation schedule — will be provided by CR. m. Lake problems or challenges — immediately n. Damage to appurtenances — immediately o. Plant replacement, by area — immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits — monthly s. Hardscape cleaning — monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work — weekly, as requested w. Vacant lots log contract completion — quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance — monthly z. Bike trails/Asphalt Cement walkways — monthly RFP f4aty1 Council Landscape MaintenanUSMAU 1 /1 CPQW4f 135 aa. Pressure washing amenities and playgrounds — monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: C. Schedules 1. 2 bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. Required schedules and frequencies of delivery are: a. Mowing services for each park site — weekly b. Shrub trimming (backup lot, medians, parks, MOU) — quarterly c. Irrigation audit — quarterly d. Irrigation evaluation of athletic fields — weekly e. Divot/low spot filling of sports/priority fields — weekly f. Tree raising — weekly, as needed g. Coal bin cleaning — weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [11 week later by string trim) — quarterly j. Weed abatement (vacant lot/wild lot) — quarterly k. Other weed abatement — monthly I. Cleaning of parking lots and park roads — weekly m. Mulching — bi-annually n. Sport court cleaning — weekly o. Groundcover trimming — monthly p. DG surface repair — monthly q. Bike trail chemical edging — monthly r. Special projects and locations — as requested s. Supplemental and locations — as requested t. Irrigation programs —weekly u. Additional Extra Work — as needed v. Lake cleaning — weekly w. Lake debris — daily RFP f4aty1 Council Landscape MaintenanUSGAU CPQD@Af 135 x. Other items as requested by the CR — as needed 3. Any other activities that Contractor performs on a regular or semi -regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City - observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP f4aty1 Council Landscape MaintenanUSMAW 1 /1 CPQDf"Af 135 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually -watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP f4aty1 Council Landscape MaintenanUS-94Q9 1 / 1 CPQWAf 135 SECTION XIX 4WIC CENTER A. General Specifications 1. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10. All turf in the Civic Center area is considered priority turf. 11. Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year (first week of January, May, and September) as detailed in Attachment 5. 12. Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13. The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14. All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP f4aty1 CoundI Landscape MaintenanUS-94QJ CPQD@Kf 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15. The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16. After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17. Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18. The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19. Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer — April through October 1 RFP f4aty1 Council Landscape MaintenanUS-94W CPQD@Kf 135 C. Vandalism Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on -call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre -planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP f4aty1 CounclI Landscape MaintenanUS-94W 1 /1$Q0i"Af 135 4. Contractor maybe assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work -scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non -soiled duffel bags, and non -soiled and organized bedrolls. 8. General: 9. Staffing: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. a. Mobil Unit: Two (2) full-time employees from Monday — Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday -Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP f4aty1 Council Landscape MaintenanUS-94W CPQD@Kf 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. B. Mowing Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL 1. Bowling at the Santiago Park greens must be done in a north -south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to %". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. RFP f4aty1 Council Landscape MaintenanUS-94W CPQD@Kf 135 3. Grooming: 4. Aeration: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor (separate contractor) and immediately finish by watering. RFP f4aty1 Council Landscape MaintenanUS-94QO 1 �1 CPQP7 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANTLOTS A. Vacant Lots The Contractor shall perform daily blowing -off, trash and debris removal, including managing weeds. 1. loth and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP �GatyH Council Landscape Maintenant5S-ervlQ7 1 /1 $QD-24f 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed: All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP f4aty1 Council Landscape MaintenanUS-94W 1 / 1 CPQ020of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds -Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric -powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No -Mow Turf - Trees maintained with natural no -mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs - Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP f4aty1 CoundI Landscape MaintenanUS-94W 1 /1 CPQ07"Af 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged -up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand -watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm -season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6" with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures& Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material - To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP f4aty1 Council Landscape MaintenanUSU2QQ 1 /1 CPQP?bf 135 19. Inspection of Perimeter Fence — Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits — a. Quarterly, the Contractor shall blow -off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating — The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing -Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting — The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP f4aty1 Council Landscape MaintenanUSUr= �� CPQ07 f 135 APPENDIX I TERMINOLOGY A. Interpretation / Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or "Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 15 — 202 1/16/2024 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non -emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel, or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SIDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 15 — 203 1/16/2024 interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill - diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 15 — 204 1/16/2024 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 15 — 205 1/16/2024 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 15 — 206 1/16/2024 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non -Interference 1.5 Consumable Materials and Supplies — Contractor -Supplied 1.6 Consumable Materials and Supplies — City -Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 15 — 207 1/16/2024 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call -Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor / Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non -Emergency Call -Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 15 — 208 1/16/2024 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 15 — 209 1/16/2024 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk- through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 15 — 210 1/16/2024 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre -approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre -approved schedules during City business or non -business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). The contractor shall be available for on -call services twenty-four (24) hours a day. Non -emergency on -call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on -call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On -call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 15 — 211 1/16/2024 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s) for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi -regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. C. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non -Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor -Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning -related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 15 — 212 1/16/2024 Brick dust Grass seed (as specified) k. Fertilizer (as specified) Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City -Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs — water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 15 — 213 1/16/2024 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non -action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 15 — 214 1/16/2024 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces Hazardous or suspicious materials/items Insect, rodent, or bird infestations k. Homeless persons or their possessions Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor -damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 15 — 215 1/16/2024 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off -site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 15 — 216 1/16/2024 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel -powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam -cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles maybe permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non -regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 15 — 217 1/16/2024 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City -owned locks initially provided to the Contractor. The City shall exchange, one - for -one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re -keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 15 — 218 1/16/2024 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed -free, well -organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights -of -way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 15 — 219 1/16/2024 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. M[iM��153M 17, The contractor shall report any damage to City property, including but not limited to vandalism, Acts of God, and third -party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on -going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm -related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s) to cooperate. 3.12 Protection of Existina Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 15 — 220 1/16/2024 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call -Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non -typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call -Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 15 — 221 1/16/2024 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non -operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance -based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s) will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 15 — 222 1/16/2024 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 15 — 223 1/16/2024 3.15.4 Contract -designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked -in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five (5) years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest -adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 15 — 224 1/16/2024 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract, Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 15 — 225 1/16/2024 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting, the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hirin The City encourages Contractor to create new jobs for low or moderate -income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre - qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor / Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 15 — 226 1/16/2024 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non -Emergency Call -Outs Time and materials shall be charged for payment on a separate invoice and pre -approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 15 — 227 1/16/2024 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 15 — 228 1/16/2024 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Reauirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. C. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 15 — 229 1/16/2024 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel -powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 15 — 230 1/16/2024 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 15 — 231 1/16/2024 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on -site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 15 — 232 1/16/2024 (9)CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 15 — 233 1/16/2024 EXHIBIT B VARIOUS CITY SITE MAPS City Council 15 — 234 1/16/2024 z CiitCe;rte_rlarVV --� - - - - Civic Ceterr-1N 711• A - .7' ZZ • .III � ax fi25 + J - A • 5 '!C $13AO n - r -- W 6th St 6th St _ j: 69i - C Eli k --.: �i7 7% - W Santa Ana Blvd �11�1�Sa I —na CIVIC is + M F.� -- •�m7 r. -i L Center (2 of 3) All Priority Turf Not Part Of Civic Center Scope 1 /16/2024 • Civic Center-DrW un z %zg� M:..- LA co —71 SOnta-Ana Blvd ire. W Sth St I-(U 0 E 4-111 W 41h St rq C:D ",� 1AP21 W Lzt 41 A, w Is, I EXHIBIT C PRICING PROPOSALS/RATES City Council 15 — 238 1/16/2024 Page 52 Attachment A -2 (District 1) ADDENDUM 2 - EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 *Total of 9 Full Time Employees*** PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage* Monthly Rate Yearly Rate Full Time Equivalents Cesar Chavez / Cam pesino 7 $13,000.00 $156,000.00 9 Edna 2 $8,000.00 $96,000.00 9 El Salvador 9 $17,0m.00 $204,000.00 9 King St. Park* TBD $0.00 $0.00 9 Memory Lane 0.6 $2,500.00 $30,000.00 9 Riverview 8 $11,000.00 $132,000.00 9 Rosita 8 $15,000.00 $180,000.00 9 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage* 171h St. & Santa Ana River Triangle 0.69 $1,600.00 $19,200.00 9 Fairview Triangle 0.73 $1,600.00 $19,200.00 9 Annual Total $69,700.00 $836,400.00 9 *Future Park DISTRICT 1: SANTA ANA LIBRARY Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage` Monthly Rate Yearly Rate Full Time Equivalents ETC.) New Hope Libray 0.56 $2,000.00 $24,000.00 9 Annual Total 1 1 $24,000.00 1 9 1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 15 — 239 1/16/2024 Page 53 Attachment A -2 (District 2) DISTRICT 2 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Full Time Equivalents 10th and Flower Park" 1.7 N/A N/A N/A Angels Community 1.7 N/A N/A N/A Birch 2.4 N/A N/A N/A Cabrillo 7.3 N/A N/A N/A Cabrillo Tennis Center 7.6 N/A N/A N/A Cheppa'5 0.4 N/A N/A N/A Eldridge 1.2 N/A N/A N/A Flsher 1.5 N/A N/A N/A French 0.2 N/A N/A N/A Garfield 0.1 N/A N/A N/A Mabury 5.5 N/A N/A N/A Mariposa 0.5 N/A N/A N/A Morrison 5.9 N/A N/A N/A Portola 9.1 N/A N/A N/A Saddleback View 0.9 N/A N/A N/A Santiago (including bike trail) 26 N/A N/A N/A Parking Lots [MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage 602 N. Garfield Street 0.2 N/A N/A N/A Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) ACreap Garfield Community Center 0.2 N/A N/A N/A Plaza Cal le Cuatro 0.2 N/A N/A N/A Sarah Mae Downie Herb Garden 0.1 N/A N/A N/A Santa Ana Stadium 6.9 N/A N/A N/A Willard Playground 0.2 N/A N/A N/A Annual Total N/A N/A N/A 'Future Park DISTRICT 2: COMMUNITY DEVELOPMENT AGENCY Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC) 2nd St from Broadway to Sycamore 0.1 N/A N/A N/A 4th St. from Ras5 to French 0.5 N/A N/A N/A Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, Acr;We MomhIV Rate Yearly Rate Full Time EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Equivalents NE comer of 3rd St, and Bush St. 0.8 N/A N/A N/A 312 N. Bush Street 0.1 N/A N/A N/A Annual Total N/A N/A N/A 1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 15 — 240 1/16/2024 Page 54 Attachment A -2 (District 3) DISTRICT 3 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage* Monthly Rate Yearly Rate Full Time Equivalents Bristol/Tolliver Park* 1A N/A N/A N/A Bomo Koral 11 N/A N/A N/A Delhi 10A N/A N/A N/A Lillie King 9.6 N/A N/A N/A Madison 6 N/A N/A N/A Memorial 15.5 N/A N/A N/A Maple Occidental Exercise Park 0.43 N/A N/A N/A Pacific Electric 1.4 N/A N/A N/A Sandpoint@ (including paseos) 7.7 N/A N/A N/A Segerstrom 1.2 N/A N/A N/A Standard and McFadden Park 0.64 N/A N/A N/A Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Linear Miles Monthly Rate Yearly Rate Flower Trail (Flower/Warner to Flower/Sunflower) 1.5 N/A N/A N/A Pacific Electric Trail (Chestnut/Maple to Alton/Bristol) 3.5 N/A N/A N/A Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate 300 S. Main Street 0.4 N/A N/A N/A 1022 S. Main Street 0.1 N/A N/A N/A Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Roosevelt/Waiker Comm. Center 1.3 N/A N/A N/A Unused Property (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate 625 S. Cypress - Cypress Fire Station 0.17 N/A N/A N/A Annual Total N/A N/A N/A "Future Park DISTRICT 3: COMMUNITY DEVELOPMENT AGENCI Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC) Carnagie Homeless Shelter TB❑ N/A N/A N/A Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage NE corner of 3rd St. and Bush St. 0.8 N/A N/A N/A 312 N. Bush Street 11.1 N/A N/A N/A Annual Total N/A N/A N/A 1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 15 — 241 1/16/2024 Page 55 Attachment A -2 (District 4) DISTRICT 4 *Total of 14 Full Time Employees*** PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Full Time Equivalents 1st/Mountain View Park* 1.7 $3,000.00 $36,000.00 14 Adams 7 $8,000.00 $96,000.00 14 Centennial 87 $20,000.00 $240,000.00 14 Ed Caruther's Park* 1.1 $3,000.00 $36,000.00 14 Friendship 0.1 $1,200.00 $14,400.00 14 Heritage 8 $8,000.00 $96,000.00 14 Jerome 14 $10,000.00 $120,000.00 14 Santa Anita 5 $8,000.00 $96,000.00 14 Thornton 35 $16,000.00 $192,000.00 14 Windsor 12 $9,300.00 $111,600.00 14 Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Linear Miles Monthly Rate Yearly Rate Full Time Equivalents Bear Street (Sege rtrom Ave. to MacArthur Blvd.) 0.49 $1,300.00 $15,600,00 14 Greenville Street (North of Hall Ave. to Segerstrom Ave.) 0.38 $1,300.00 $15,600.00 14 Jerome (Monte Vista Ave to McFadden Ave) 0.25 $1,300.00 $15,600.00 14 MacArthur Blvd (Santa Ana River Trail to MacArthur Blvd) 0.06 $1,000.00 $12,000.00 14 St. Andrew Pl./St. Gertrude PI. 0A8 $1,000.00 $12,000.00 14 Raitt Street (5egertrom Ave. to Alton Ave.) 0.25 $1,000.00 $12,000.00 14 Other [MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage McFadden Triangle 0.94 $1,200.00 $14,400.00 14 Annual Total $1,135,200.00 14 *Future Park DISTRICT 4: SANTA ANA POLICE DEPARTMENT Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC.) Santa Ana PAAL Center 0.52 $1,200.00 $14,400.00 14 Annual Total 114 7j 1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 15 — 242 1/16/2024 Page 56 Attachment A -2 (Civic Center) CIVIC CENTER ** Total Full Time 6 for Civic Center and 3 Full Time for QOLT** CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Full Time Yearly Rate Equivalents *555,000 for Civic Center & $213,000 for QOLT $64,000.00 $768,000.00 9 Annual Total $768,000.00 9 Attachment A -2 (Sant Ana Zoo) SANTA ANA ZOO *** Total Full Time 6 Employees for Zoo*** ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Full Time Equivalents 20 $43,500.00 $522,000.00 6 Annual Total $522,000.00 6 1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 15 — 243 1/16/2024 EXHIBIT 3 AGREEMENT WITH MARIPOSA LANDSCAPES, INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Mariposa Landscapes, 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 October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four (4) vendors 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 the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform 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 and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for Districts 2 and 3. 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. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 15 — 244 1/16/2024 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 16, below. 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 Page 2 of 10 City Council 15 — 245 1/16/2024 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 $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 or 25 04) or the general aggregate 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 limit no 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. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 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. Page 3 of 40 City Council 15 — 246 1/16/2024 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 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). 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 officers, officials, employees, or volunteers shall be excess of the Contractor'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 Contractor hereby grants to City a waiver of any right to subrogation which 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. 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. 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 (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. Page 4 of 10 City Council 15 — 247 1/16/2024 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 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 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. 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. 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. 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 Page 5 of 10 City Council 15 — 248 1/16/2024 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. 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. Page 6 of 10 City Council 15 — 249 1/16/2024 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, 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. Page 7 of 10 City Council 15 — 250 1/16/2024 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 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. 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: City Clerk 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) Page 8 of 10 City Council 15 — 251 1/16/2024 P.O. Box 1988 Santa Ana, California 92702 To Contractor: Mariposa Landscapes, Inc. Attn: Terry Noriega, President 6232 Santos Diaz St. Irwindale, CA 91702 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. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 15 — 252 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B • �� onathan T. Martinez Assistant City Attorney Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR: Terry Noriega President Page 10 of 10 City Council 15 — 253 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 15 — 254 1/16/2024 (9) IV V CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations B. Specialty / Sports Areas 1. Sand Court Areas 2. Hard Surface Areas 3. Bicycle Trails/AC Walkways 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 5. Parking Lots, Bike Trails, and Roads IRRIGATION A. General Information B. Water Management C. Maintenance D. Repair E. Personnel F. Materials TURFGRASS A. Maintenance — Overview B. Inspections — Sports/Priority Turf C. Casual Turf D. Sports/Priority Turf E. Renovation Process EDGING AND DETAILING A. General Specifications GROUNDCOVER A. General Specifications VI. SHRUBS 5 6 6 7 7 7 9 9 11 13 14 14 16 18 18 19 21 23 24 RFP f4aty1 Council Landscape MaintenanUSU,255 1 /1 CPQP2Af 135 (9) CITY OF SANTA ANA A. General Specifications VII. VINES A. General Specifications VIII. TREES A. General Specifications B. Trees Under 15 Feet IX. LAKE MAINTENANCE A. General Specifications X. PEST CONTROL A. General Specifications B. Procedure XI. WEED CONTROL A. General Specifications B. Weed Control of Hard Surfaces C. Weed Abatement of Fallow or Undeveloped Lands XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications B. Schedule C. Pressure Washing XIII. HOMELESS TASKS / CLEANUP A. General Specifications XIV. DRAINAGE APERTURES A. General Specifications XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications XVI. GUARANTEE AND /OR REPLACEMENT POLICY A. General Specifications XVII. REPORTS AND SCHEDULES A. General Specifications B. Reports RZT 29 30 32 33 33 36 36 36 38 38 39 :1 41 Gy, 43 11 RFP f4aty1 Council Landscape MaintenanUSU,250 1 /16Q020of 135 (2) C. Schedules CITY OF SANTA ANA XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports B. Irrigation Schedules XIX. CIVIC CENTER A. General Specifications B. Annual Color Planting and Maintenance Specification at Civic Center C. Vandalism D. Quality of Life Team (QOLT) at Civic Center XX. LAWN BOWLING A. General Specification, Lawn Bowling XXI. CENTENNIAL PARK A. Centennial Park XXII. VACANT LOTS A. Vacant Lots XXIII. SANTA ANA STADIUM A. Santa Ana Stadium XXIV. SANTA ANA ZOO A. Santa Ana Zoo 45 47 47 48 49 50 50 53 55 56 57 W RFP �Qjtyj CounclI Landscape MaintenanUSu,257 1 / 1 CPQ02'Af 135 (9) CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well -polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP f4aty1 Council Landscape MaintenanUSU,25$ 1 /1$Q02Af 135 (2)CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six -Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty / Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP f4aty1 Council Landscape MaintenanUSU,259 CPQ02f 135 (2)CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP f4aty1 Council Landscape MaintenanUSUr2&9 CPQ02Kf 135 (2) CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand -like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP f4aty1 Council Landscape MaintenanUSU,441 1 / 1 CPQP�Af 135 (9) CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non -centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar -powered controllers (Leit) RFP f4aty1 Council Landscape MaintenanUSU,44� 6Q02f 135 (9) CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non -target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery -operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non -centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP f4aty1 Council Landscape MaintenanUSU,2W CPQ02Kf 135 w CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP f4aty1 Council Landscape MaintenanUSU,444 1 /1$Q024of 135 (9) D. Repair CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one (1) time per calendar year quarter (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10t", and January 101"). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery -operated valve, which shall be inspected two (2) times per year. 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP ;Qaty1 Council Landscape MaintenanUSur2&5 1 / 1 CPQ024f 135 w CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third -party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost -per -repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP f4aty1 CoundI Landscape MaintenanUSU,440 1 /16Q020of 135 w CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote -control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high -usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP f4aty1 Council Landscape MaintenanUSU,447 1 / 1 6Q020of 135 e) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP f4aty1 Council Landscape MaintenanUSU,44$ 1 / 1 CPQP�Af 135 "1 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance — Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. Casual Turf Mowing All "casual" turf (non-sport/priority turf) shall be mowed every other week, from October 31 st to February 2811 of each year. "Casual" turf shall be mowed each week from March 1st to November 1 st of each year. Each year the DR will select the dates in mid -November and mid -March when the Contractor shall transition from every other week mowing to once -a -week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single -day operation per given area. 5. The contractor shall not mow areas where the soil is over -saturated. 6. All litter shall be removed from the turf before each mowing. RFP f4aty1 Council Landscape MaintenanUSU,449 1 /1 CPQPZ6bf 135 "1 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches, tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP f4aty1 Council Landscape MaintenanUSUrZZ9 CPQD?Kf 135 (2) CITY OF SANTA ANA B. Inspections — Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed -free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One — Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP f4aty1 Council Landscape MaintenanUSU2ZI 1 /1 CPQP�Af 135 "1 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two - passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re -seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Tun` in this Contract shall be mowed using a power -driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod -cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP f4aty1 Council Landscape MaintenanUSU ZU 1 /1$Q020of 135 w CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf -type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City -supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP f4aty1 Council Landscape MaintenanUSUrZD 1 /1$Q020of 135 (2)CITY OF SANTA ANA advance to avoid shortages or "out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf -type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag -in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over -seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply W minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP f4aty1 Council Landscape MaintenanUSUr2J4 6Q04f 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas -powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like -sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk -behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel -cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP f4aty1 Council Landscape MaintenanUSUr2J5 1 /1 CPQP4?14f 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor -applied herbicides shall be replaced at Contractor's expense. 7. The use of pre -emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre -emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up -lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr - Jun), and again in the fall (Sep -Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch Y- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP f4aty1 Council Landscape MaintenanUSU ZZO CPQ04Af 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6" deep on a weekly basis while awaiting fresh mulch. RFP f4aty1 Council Landscape MaintenanUSU ZU CPQ04Af 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter -planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline -powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like -kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards `Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2) feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre -emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP f4aty1 Council Landscape MaintenanUSU ZN 1 /1 CPQDZ4Df 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP f4aty1 Council Landscape MaintenanUSU ZZ9 CPQ04Kf 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre -emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP f4aty1 Council Landscape MaintenanUSu,2,9 1 /1 CPQD4'Kf 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly -planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve -foot (12') clearance within park boundaries and fifteen -foot (15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper -retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP f4aty1 Council Landscape MaintenanUSU,2,W CPQ04Kf 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re -cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double -staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City -approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally -spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre -approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On -call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP f4aty1 Council Landscape MaintenanUSUr2W CPQD4Kf 135 SFCTIMI IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP f4aty1 CoundI Landscape MaintenanUSU,2JU 1 �1 CPQ04 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP f4aty1 Council Landscape MaintenanUSU,2,W CPQD9Kf 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain -free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on -site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP f4aty1 Council Landscape MaintenanUSU,2,U 1 /1 CPQP 1Af 135 parts and dispose of them off -site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non -target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP f4aty1 Council Landscape MaintenanUSU,2,W 1 /1 CPQD@"Af 135 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non -selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four (4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). RFP f4aty1 Council Landscape MaintenanUSU,2,U 1 /1 CPQP@'1Af 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed -free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP f4aty1 Council Landscape MaintenanUSU,2,N 1 / 1 CPQWAf 135 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site (sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off -site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP f4aty1 Council Landscape MaintenanUSU,2,W CPQD9Kf 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP f4aty1 Council Landscape MaintenanUSU2QQ 1 �1 CPQD@ 135 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP f4aty1 Council Landscape MaintenanUSu2QJ 1 /1 CPQP aAf 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP f4aty1 Council Landscape MaintenanUSU2W CPQP9Kf 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. RFP f4aty1 Council Landscape MaintenanUSUrvaW CPQP9Kf 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP f4aty1 Council Landscape MaintenanUSU2W 1 /1 CPQD@ 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours — as submitted to DIR b. Pesticide application reports — daily, including NOI c. Pesticide Use Reports — monthly d. Incident and Accident Reports — immediately e. Hazard Reports — immediately f. Refuse — shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) — daily, by site, amount, date, material h. Water truck (if applicable)— gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism — weekly, by site k. Homeless encampments — weekly I. Sports field renovation schedule — will be provided by CR. m. Lake problems or challenges — immediately n. Damage to appurtenances — immediately o. Plant replacement, by area — immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits — monthly s. Hardscape cleaning — monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work — weekly, as requested w. Vacant lots log contract completion — quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance — monthly z. Bike trails/Asphalt Cement walkways — monthly RFP f4aty1 Council Landscape MaintenanUSurvaW 1 /1 CPQW4f 135 aa. Pressure washing amenities and playgrounds — monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: C. Schedules 1. 2 bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. Required schedules and frequencies of delivery are: a. Mowing services for each park site — weekly b. Shrub trimming (backup lot, medians, parks, MOU) — quarterly c. Irrigation audit — quarterly d. Irrigation evaluation of athletic fields — weekly e. Divot/low spot filling of sports/priority fields — weekly f. Tree raising — weekly, as needed g. Coal bin cleaning — weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [11 week later by string trim) — quarterly j. Weed abatement (vacant lot/wild lot) — quarterly k. Other weed abatement — monthly I. Cleaning of parking lots and park roads — weekly m. Mulching — bi-annually n. Sport court cleaning — weekly o. Groundcover trimming — monthly p. DG surface repair — monthly q. Bike trail chemical edging — monthly r. Special projects and locations — as requested s. Supplemental and locations — as requested t. Irrigation programs —weekly u. Additional Extra Work — as needed v. Lake cleaning — weekly w. Lake debris — daily RFP f4aty1 Council Landscape MaintenanUSU2QO 1 /1 CPQD@"Af 135 x. Other items as requested by the CR — as needed 3. Any other activities that Contractor performs on a regular or semi -regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City - observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP f4aty1 Council Landscape MaintenanUSU2W 1 /1 CPQDf"Af 135 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually -watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP f4aty1 Council Landscape MaintenanUSU2Q$ 1 / 1 CPQWAf 135 SECTION XIX 4WIC CENTER A. General Specifications 1. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10. All turf in the Civic Center area is considered priority turf. 11. Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year (first week of January, May, and September) as detailed in Attachment 5. 12. Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13. The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14. All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP f4aty1 CoundI Landscape MaintenanUSU2W CPQD@Kf 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15. The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16. After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17. Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18. The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19. Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). 3. Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer — April through October 1 RFP f4aty1 Council Landscape MaintenanUSUr3Q9 CPQD@Kf 135 C. Vandalism Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on -call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre -planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP f4aty1 CounclI Landscape MaintenanUSur= 1 /1$Q0i"Af 135 4. Contractor maybe assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work -scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non -soiled duffel bags, and non -soiled and organized bedrolls. 8. General: 9. Staffing: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. a. Mobil Unit: Two (2) full-time employees from Monday — Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday -Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPD for homeless property pick up and storage. RFP f4aty1 Council Landscape MaintenanUSur= CPQD@Kf 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. B. Mowing Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL 1. Bowling at the Santiago Park greens must be done in a north -south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to %". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. RFP f4aty1 Council Landscape MaintenanUSUr3W CPQD@Kf 135 3. Grooming: 4. Aeration: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor (separate contractor) and immediately finish by watering. RFP f4aty1 Council Landscape MaintenanUSUr3W 1 �1 CPQP7 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANTLOTS A. Vacant Lots The Contractor shall perform daily blowing -off, trash and debris removal, including managing weeds. 1. loth and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP �GatyH Council Landscape Maintenanl5S-er3Q5 1 /1 $QD-24f 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed: All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP f4aty1 Council Landscape MaintenanUSUr3QO 1 / 1 CPQ020of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds -Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric -powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No -Mow Turf - Trees maintained with natural no -mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs - Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP f4aty1 CoundI Landscape MaintenanUSUr3W 1 /1 CPQ07"Af 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged -up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand -watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm -season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6" with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures& Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material - To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP f4aty1 Council Landscape MaintenanUSUr3Q$ 1 /1 CPQP?Af 135 19. Inspection of Perimeter Fence — Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits — a. Quarterly, the Contractor shall blow -off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating — The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing -Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting — The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP f4aty1 Council Landscape MaintenanUSUr3W �� CPQ07 f 135 APPENDIX I TERMINOLOGY A. Interpretation / Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or "Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 15 — 310 1/16/2024 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non -emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel, or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SIDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 15 — 311 1/16/2024 interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill - diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 15 — 312 1/16/2024 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 15 — 313 1/16/2024 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 15 — 314 1/16/2024 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non -Interference 1.5 Consumable Materials and Supplies — Contractor -Supplied 1.6 Consumable Materials and Supplies — City -Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 15 — 315 1/16/2024 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call -Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor / Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non -Emergency Call -Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 15 — 316 1/16/2024 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 15 — 317 1/16/2024 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk- through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 15 — 318 1/16/2024 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre -approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre -approved schedules during City business or non -business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). The contractor shall be available for on -call services twenty-four (24) hours a day. Non -emergency on -call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on -call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) I. On -call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 15 — 319 1/16/2024 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s) for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi -regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. C. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non -Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor -Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning -related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 15 — 320 1/16/2024 Brick dust Grass seed (as specified) k. Fertilizer (as specified) Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City -Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs — water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 15 — 321 1/16/2024 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their facilities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non -action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 15 — 322 1/16/2024 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces Hazardous or suspicious materials/items Insect, rodent, or bird infestations k. Homeless persons or their possessions Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor -damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 15 — 323 1/16/2024 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off -site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 15 — 324 1/16/2024 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel -powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam -cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles maybe permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non -regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 15 — 325 1/16/2024 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City -owned locks initially provided to the Contractor. The City shall exchange, one - for -one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re -keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 15 — 326 1/16/2024 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed -free, well -organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights -of -way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 15 — 327 1/16/2024 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. M[iM��153M 17, The contractor shall report any damage to City property, including but not limited to vandalism, Acts of God, and third -party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on -going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm -related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s) to cooperate. 3.12 Protection of Existina Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 15 — 328 1/16/2024 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call -Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non -typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call -Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 15 — 329 1/16/2024 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non -operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance -based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s) will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 15 — 330 1/16/2024 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 15 — 331 1/16/2024 3.15.4 Contract -designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked -in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five (5) years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest -adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 15 — 332 1/16/2024 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract, Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 15 — 333 1/16/2024 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting, the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hirin The City encourages Contractor to create new jobs for low or moderate -income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre - qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor / Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 15 — 334 1/16/2024 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non -Emergency Call -Outs Time and materials shall be charged for payment on a separate invoice and pre -approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 15 — 335 1/16/2024 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 15 — 336 1/16/2024 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Reauirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. C. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 15 — 337 1/16/2024 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel -powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 15 — 338 1/16/2024 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 15 — 339 1/16/2024 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on -site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 15 — 340 1/16/2024 (9)CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 15 — 341 1/16/2024 EXHIBIT B VARIOUS CITY SITE MAPS City Council 15 — 342 1/16/2024 77 _IWV d Playground Asset (1) Facility Structure QRestroom (1) Athletic Field Baseball Field (1) Athletic Court Q Basketball Court (3) GIS Park Boundary (1) i i I. ! 0 20 40 Feet Angels Community j. Park +� I City Council 15-343 1 /16/2024 APPENDIX IV AM i �r �- `� W 3RD ST _ --_�— -- - - - ......... i � __� R.eww•: � � Ir MP•R.. M.4 ua s Facility Structure ® Community Center (1) Athletic Court Fitness Court (1) GIS Park Boundary (1) e 0 25 50 Feet Birch Park City Council 15 — 344 1/16/2024 Playground Asset (1) Facility Structure Concession Stand (1) Q Restroom (1) Athletic Field Baseball Field (1) Athletic Court Q Basketball Court (1) ® Fitness Court (1) Q Tennis Court (1) GIS Park Boundary (1) 0 60 120 v Feet Cabrillo Park City Council 15 — 345 1/16/2024 w �' . ' • I a - Li 4 I 5 a]: J Z J alp 1 11 ZAy 2 z l� •z � Y r c. id Facility Structure Club House (2) Athletic Court Q Tennis Court (10) GIS Park Boundary (1) 0 60 120 v Feet Cabrillo Tennis Center City Council 15 — 346 1/16/2024 Playground Asset (1) Facility Structure ® Community Center (1) Athletic Court Basketball Court (1) GIS Park Boundary (1) It AL 0 Feet City Council 15 — 347 1/16/2024 • 4 L LLB -°® �• _- l= '- i Facility Structure IrCommunity Building (1) — c GIS Park Boundary (1) I a- ff ' 4 RrT i . L. ® r 7N' 0 50 100 \� 0 97 h Feet kA Civic Center City Council 15 — 348 1/16/2024 GIS Park Boundary (1) NX J 30 60 0 Feet Colonel William W. Eldridge Park City Council 15-349 1 /16/2024 City Council 15 — 350 Playground Asset (1) Facility Structure QRestroom (1) Athletic Field Baseball Field (1) Multipurpose Field (2) Athletic Court Basketball Court (2) Fitness Court (1) Hand Ball Court (1) GIS Park Boundary (1) e 0 50 100 v Feet Delhi Park 1 /16/2024 INA PAW ;.a - ALP W EDNA DR =ti `u Lij M W HUCKLEBERRY RD 3 W STRAWBERRY LN } W BLUEBERRY LN' - T _ W 1 TH-1 ( III rs� I i aw n L Playground Asset (2) Facility Structure ® Community Center (1) Concession Stand (1) Public Garden Building (1) QRestroom (1) Athletic Field Baseball Field (1) Multipurpose Field (1) O Garden (1) Athletic Court Q Basketball Court (2) U Fitness Court (1) ® Hand Ball Court (1) Q Pool (1) 0 50 100 v Feet El Salvador Park City Council 15 — 352 1/16/2024 )�R 4940 OW, 46 .40 GIS Park Boundary (1) W LNJ 0 20 40 Feet Fairview Triangle Habitat Restoration City Council 15-353 1/16/2024 W PARK LN 31 ii gg- At 4 k., A GIS Park Boundary (1) J 10 20 v Feet Flower & 10th Park City Council 15 — 355 1 /16/2024 r 9rl f a GIS Park Boundary (1) 0 10 20 0 Feet French Park City Council 15 — 356 1/16/2024 LT OA r.a Kt, Playground Asset(1) GIS Park Boundary (1) e 0 6 12 Feet Friendship Park City Council 15 — 357 1/16/2024 11 7 { a ` a Playground Asset (1) Athletic Court iu9 Fitness Court (1) GIS Park Boundary (1) e 0 6'/s 13 Feet Garfield Fitness Park City Council 15 — 358 1/16/2024 w GIS Park Boundary (1) 0 40 80 v Feet Griset Park City Council 15 — 359 1 /16/2024 _ rr Ilr 4 10 94 1;. Nxvvt ii LA 1 WW- tM jr yl'i ■�1 �. I 'v/ ^' "ice .. _rF tlll. �j :s 41 Playground Asset (1) Facility Structure Public Utility Structure (1) QRestroom (1) Athletic Field Baseball Field (1) GIS Park Boundary (1) 0 75 150 Feet v Heritage Park City Council 15 — 360 1/16/2024 0 WMONTAVISTAAV _ i `{'�+, tom.- _ . �-_m �._.- -_�' � �• .-- f•-_ t I __ f-r� �. T W HIGHLANQST*qqR' N J� JQ LP 401 oi- taL ul 0. IL 7M _ I�,• t - W BROOK ST .19 n.l - CFADDEN AV - - - „�._,” ,. I 1 +k u' 8 W 10TH I s " roe f ' t Playground Asset(3) Athletic Field Multipurpose Field (1) Athletic Court Beach Volleyball Court (1) GIS Park Boundary (1) 75 150 v Feet Lillie King Park City Council 15-363 1 /16/2024 W-5 I r ESTAFFORD ST - r STAFFORD ST City Council 15 — 365 Playground Asset(3) Facility Structure Public Garden Building (1) Public Utility Structure (1) Q Restroom (1) Athletic Field Baseball Field (2) Garden (1) Athletic Court Q Basketball Court (2) GIS Park Boundary (1) 0 40 80 v Feet Madison Park 1 /16/2024 Athletic Court �D Fitness Court (1) GIS Park Boundary (1) 50 100 v Feet Maple Occidental Exercise Park City Council 15 — 366 1 /16/2024 r -F� K .. J 1 i 1 T {' 1 do Playground Asset (1) Athletic Court Skate Park (1) GIS Park Boundary (1) 0 10 20 v Feet Mariposa Park City Council 15 — 367 1/16/2024 Y City Council 15 — 369 Playground Asset (2) Facility Structure Q Community Building (1) ® Community Center (1) Concession Stand (1) Q Park Operations Struc. (2) QRestroom(1) Q Storage Structure (1) Athletic Field Baseball Field (4) Athletic Court Q Basketball Court (3) Q� Fitness Court (1) Q Hand Ball Court (1) Q Volleyball Court (2) 0 60 120 0 Feet Memorial Park 1 /16/2024 0 Playground Asset (1) Athletic Court Fitness Court (1) GIS Park Boundary (1) 0 0 20 40 0 Feet Memory Lane Park City Council 15 — 370 1/16/2024 r,. W CORRIGAN AV' .+ a w a Playground Asset(2) Athletic Field Baseball Field (1) Athletic Court Q Tennis Court (2) GIS Park Boundary (1) 0 0 40 80 v Feet Morrison Park City Council 15 — 371 1/16/2024 ��R��Wy - RT GIS Park Boundary (1) 0 0 25 50 v Feet Myrtle & Raitt Park City Council 15 — 372 1/16/2024 Facility Structure Club House (1) M Public Utility Structure (1) Athletic Court Q Tennis Court (12) GIS Park Boundary (1) W LNJ 0 30 60 v Feet Neal Machander Tennis Center City Council 15 — 373 1/16/2024 Playground Asset(2) Facility Structure Public Garden Building (1) Q Restroom (1) Garden (1) Athletic Court ] Fitness Court (1) GIS Park Boundary (1) 0 25 50 0 Feet Pacific Electric Park City Council 15-374 1 /16/2024 T 4, jo h K ( FC= - - _ WIb �. I 1 I � ��• .,` Alt V, ,�`' ' ��•�` � •.�• _ -�•o � .. ,ELT. � GIS Park Boundary (1) 0 10 20 Feet Plaza Calle Cuatro City Council 15 — 375 1/16/2024 City Council 15 — 376 Playground Asset (1) Facility Structure Concession Stand (1) Q Restroom (1) Athletic Field Baseball Field (1) Athletic Court —1 Basketball Court (1) Fitness Court (1) Tennis Court (1) GIS Park Boundary (1) 0 80 160 v Feet Portola Park 1 /16/2024 _ / t � •, ?fit / � , Ki kk IV-, _ 'NF21STST W 20TH ST AA W 19TH ST u ^RL � Sao► i f _ T 10 Playground Asset (1) Facility Structure ® Community Center (1) Concession Stand (1) Q Restroom (2) Athletic Field Baseball Field (1) Soccer Field (1) Athletic Court D' Fitness Court (1) ® Hand Ball Court (1) Q Pool (1) GIS Park Boundary (1) e 0 50 100 0 Feet Rosita Park City Council 15 — 378 1/16/2024 9 s a A Playground Asset(1) GIS Park Boundary (1) e 0 30 60 v Feet Saddleback View Park City Council 15 — 379 1/16/2024 1 . - -WE terAw-- '00- r,CV if iL aL ra' a� a ° UZI ;L7 — r r" ; d- l - �E a►. d i �,. LAO OR Playground Asset(3) Facility Structure ® Community Center (1) Q Restroom (1) Athletic Court —] Basketball Court (1) Tennis Court (2) Q Volleyball Court (1) GIS Park Boundary (1) 0 90 180 0 Feet Sandpointe Park City Council 15 — 380 1/16/2024 . - CIVIC CENTER�DR W s — rsmtiwr—� — k 1 r � _ � I - AP, o _ - L w ,V(1 1 + — wk. at W 6TH Facility Structure Community Building (1) Concession Stand (1) Q Grandstand (2) ==J Public Utility Structure (1) Q Restroom (1) Athletic Field Football Field (1) GIS Park Boundary (1) e 0 50 100 Feet Santa Ana Stadium City Council 15 — 381 1/16/2024 r�. "ro �rT q#w — ` -7 !mac, wi► , GEr Playground Asset(2) GIS Park Boundary (1) r�� LNJ 0 100 200 Feet Santa Ana Zoo at Prentice Park City Council 15 — 382 1/16/2024 m Lri VOW IL m io I a" rM City Council 15 — 384 Playground Asset (2) Facility Structure Club House (1) ® Community Center (2) Q Park Operations Struc. (1) QRestroom (1) Athletic Field Baseball Field (1) Lawn Bowling (2) Athletic Court Q Tennis Court (2) GIS Park Boundary (1) 0 260 520 v Feet Santiago Park 1 /16/2024 4 ry1 ba (. GIS Park Boundary (1) W LAU 0 25 50 v Feet SAPD Canine Training Facility (at Santiago Park) City Council 15 — 385 1/16/2024 m a.. r GIS Park Boundary (1) n 1NJ 0 10 20 Feet SAPID Training Center (at Centennial Park) City Council 15 — 386 1/16/2024 fuu� 4 IL -a 0 10 GIS Park Boundary (1) 0 9 18 Feet Sarah May Downie Herb Garden City Council 15 — 387 1/16/2024 __ �j� � � - � - � �,' % /'earn'-FM��•'— -�s�'` — - �r v ,, om -W, IR -W L -1 momm, ram. W ifru� ME Facility Structure Public Utility Structure (1) GIS Park Boundary (1) IWA, ljNJ 0 40 80 0 Feet Segerstrom Triangle Park City Council 15 — 389 1/16/2024 N I; •h 5' ir GIS Park Boundary (1) W LNJ 0 10 20 v Feet Standard and McFadden Park City Council 15 — 390 1/16/2024 City Council 15-391 Playground Asset (1) Facility Structure QRestroom (1) QStorage Structure (1) Athletic Field Multipurpose Field (1) Athletic Court Q Tennis Court (2) F GIS Park Boundary (1) 0 60 120 Feet Windsor Park 1 /16/2024 GIS Park Boundary (1) NX J 30 60 0 Feet Colonel William W. Eldridge Park City Council 15 — 392 1 /16/2024 W PARK LN 31 ii gg- At 4 k., A GIS Park Boundary (1) J 10 20 v Feet Flower & 10th Park City Council 15 — 394 1 /16/2024 r 9rl f a GIS Park Boundary (1) 0 10 20 0 Feet French Park City Council 15 — 395 1/16/2024 11 7 { a ` a Playground Asset (1) Athletic Court iu9 Fitness Court (1) GIS Park Boundary (1) e 0 6'/s 13 Feet Garfield Fitness Park City Council 15 — 396 1/16/2024 �41 . * ` %ram • _k ►�P 4� { a� a* 602 N. Garfield -Garfield Parking Lot .' i City Council 15 — 397 1/16/2024 W-5 I r ESTAFFORD ST - r STAFFORD ST r -F� K .. J 1 i 1 T {' 1 do Playground Asset (1) Athletic Court Skate Park (1) GIS Park Boundary (1) 0 10 20 v Feet Mariposa Park City Council 15 — 399 1/16/2024 r,. W CORRIGAN AV' .+ a w a Playground Asset(2) Athletic Field Baseball Field (1) Athletic Court Q Tennis Court (2) GIS Park Boundary (1) 0 0 40 80 v Feet Morrison Park City Council 15 — 400 1/16/2024 T 4, jo h K ( FC= - - _ WIb �. I 1 I � ��• .,` Alt V, ,�`' ' ��•�` � •.�• _ -�•o � .. ,ELT. � GIS Park Boundary (1) 0 10 20 Feet Plaza Calle Cuatro City Council 15 — 401 1/16/2024 City Council 15 — 402 Playground Asset (1) Facility Structure Concession Stand (1) Q Restroom (1) Athletic Field Baseball Field (1) Athletic Court —1 Basketball Court (1) Fitness Court (1) Tennis Court (1) GIS Park Boundary (1) 0 80 160 v Feet Portola Park 1 /16/2024 9 s a A Playground Asset(1) GIS Park Boundary (1) e 0 30 60 v Feet Saddleback View Park City Council 15 — 403 1 /16/2024 terAw-- '00- r,CV if iL aL a� a ° UZI ;L7 — r r" ; d- l - �E a►. d i �,. LAO OR Playground Asset(3) Facility Structure ® Community Center (1) Q Restroom (1) Athletic Court —] Basketball Court (1) Tennis Court (2) Q Volleyball Court (1) GIS Park Boundary (1) 0 90 180 0 Feet Sandpointe Park City Council 15 — 404 1/16/2024 . - CIVIC CENTER�DR W s — rsmtiwr—� — k 1 r � _ � I - AP, o _ - L w ,V(1 1 + — wk. at W 6TH Facility Structure Community Building (1) Concession Stand (1) Q Grandstand (2) ==J Public Utility Structure (1) Q Restroom (1) Athletic Field Football Field (1) GIS Park Boundary (1) e 0 50 100 Feet Santa Ana Stadium City Council 15 — 405 1/16/2024 r�. "ro �rT q#w — ` -7 !mac, wi► , GEr Playground Asset(2) GIS Park Boundary (1) r�� LNJ 0 100 200 Feet Santa Ana Zoo at Prentice Park City Council 15 — 406 1/16/2024 m Lri VOW IL m io I a" rM City Council 15 — 408 Playground Asset (2) Facility Structure Club House (1) ® Community Center (2) Q Park Operations Struc. (1) QRestroom (1) Athletic Field Baseball Field (1) Lawn Bowling (2) Athletic Court Q Tennis Court (2) GIS Park Boundary (1) 0 260 520 v Feet Santiago Park 1 /16/2024 4 ry1 ba (. GIS Park Boundary (1) W LAU 0 25 50 v Feet SAPD Canine Training Facility (at Santiago Park) City Council 15 — 409 1/16/2024 m a.. r GIS Park Boundary (1) n 1NJ 0 10 20 Feet SAPID Training Center (at Centennial Park) City Council 15 — 410 1/16/2024 fuu� 4 IL -a 0 10 GIS Park Boundary (1) 0 9 18 Feet Sarah May Downie Herb Garden City Council 15 — 411 1/16/2024 __ �j� � � - � - � �,' % /'earn'-FM��•'— -�s�'` — - �r v ,, om -W, IR -W L -1 momm, ram. W ifru� ME Facility Structure Public Utility Structure (1) GIS Park Boundary (1) IWA, ljNJ 0 40 80 0 Feet Segerstrom Triangle Park City Council 15 — 413 1/16/2024 N I; •h 5' ir GIS Park Boundary (1) W LNJ 0 10 20 v Feet Standard and McFadden Park City Council 15 — 414 1/16/2024 City Council 15 — 415 Playground Asset (1) Facility Structure QRestroom (1) QStorage Structure (1) Athletic Field Multipurpose Field (1) Athletic Court Q Tennis Court (2) F GIS Park Boundary (1) 0 60 120 Feet Windsor Park 1 /16/2024 . - CIVIC CENTER�DR W s — rsmtiwr—� — k 1 r � _ � I - AP, o _ - L w ,V(1 1 + — wk. at W 6TH Facility Structure Community Building (1) Concession Stand (1) Q Grandstand (2) ==J Public Utility Structure (1) Q Restroom (1) Athletic Field Football Field (1) GIS Park Boundary (1) e 0 50 100 Feet Santa Ana Stadium City Council 15 — 416 1/16/2024 4 ry1 ba (. GIS Park Boundary (1) W LAU 0 25 50 v Feet SAPD Canine Training Facility (at Santiago Park) City Council 15 — 417 1/16/2024 City Council 15 — 418 Playground Asset (2) Facility Structure Club House (1) ® Community Center (2) Q Park Operations Struc. (1) QRestroom (1) Athletic Field Baseball Field (1) Lawn Bowling (2) Athletic Court Q Tennis Court (2) GIS Park Boundary (1) 0 260 520 v Feet Santiago Park 1 /16/2024 fuu� 4 IL -a 0 10 GIS Park Boundary (1) 0 9 18 Feet Sarah May Downie Herb Garden City Council 15 — 419 1/16/2024 N I; •h 5' ir GIS Park Boundary (1) W LNJ 0 10 20 v Feet Standard and McFadden Park City Council 15 — 420 1/16/2024 APPENDIX V w z .. Ld Playground Asset(2) Athletic Field Multipurpose Field (1) GIS Park Boundary (1) 0 75 150 v Feet Bomo Koral Park City Council 15 — 421 1/16/2024 City Council 15 — 422 Playground Asset (1) Facility Structure QRestroom (1) Athletic Field Baseball Field (1) Multipurpose Field (2) Athletic Court Basketball Court (2) Fitness Court (1) Hand Ball Court (1) GIS Park Boundary (1) e 0 50 100 v Feet Delhi Park 1 /16/2024 Playground Asset(3) Athletic Field Multipurpose Field (1) Athletic Court Beach Volleyball Court (1) GIS Park Boundary (1) 75 150 v Feet Lillie King Park City Council 15 — 423 1 /16/2024 City Council 15 — 424 Playground Asset(3) Facility Structure Public Garden Building (1) Public Utility Structure (1) Q Restroom (1) Athletic Field Baseball Field (2) Garden (1) Athletic Court Q Basketball Court (2) GIS Park Boundary (1) 0 40 80 v Feet Madison Park 1 /16/2024 ��:I _� L`.�r �� '��:.•�__ �r > �a aa.-�. - •. - mod'_ �� >- � ',. 45 Wig' 4 �'k_ j �� •�� ��( L` -. / -_ �4� .k:Sa 'tl.. 1 ,: :,fyQ{jy '� :.!'ax•...... ez'', i - � Ta.,'•u� � � � u r,� ",A ski 4� ' 4141) y i MIER_KELEY ST E BERKELEY ST IE' CacClff ENTA•L ST , ISP-.. -- - - Playground Asset (2) Facility Structure + Q Community Building (1) 'n t ® Community Center (1) Concession Stand (1) Q Park Operations Struc. (2) Restroom (1) Storage Structure (1) Athletic Field Baseball Field (4) Athletic Court Q Basketball Court (3) Fitness Court (1) A Hand Ball Court (1) Q Volleyball Court (2) _Y in NO (off i_ f ��Y y 0 60 120 1 r y Feet Memorial Park City Council 15 — 426 1/16/2024 ,r ISMtCr._._ r� ALM t r, I � .n I Playground Asset (2) Facility Structure Public Garden Building (1) Q Restroom (1) ] Garden (1) Athletic Court Fitness Court (1) GIS Park Boundary (1) e 0 25 50 Feet Pacific Electric Park City Council 15 — 427 1/16/2024 J 0 0 Z l J D m D CO) m 9 Z W �aiaerP E M E 1s[ 51 nu151 I O N D 3 we E Ch E My I a SI n ip 51 E 5ishop ajirs6 r N N E Gram 57 4vAoh—Aye I E MMOe PI O IB f3evehy PI � h n I Ho�RiY�v PI A-.d PI E McF n Ave O mi a — � n = Oxford 51 E GrMQ PI ti O N EH N 0 N � rn O � � N m rr EHu Ave EDINGaE�l AVE. �° E 5rn ura: 3 Force St �I F, N � m !St Ocaideriw O A I w PI E Si Andrew P N � m 9 N 0 Z D City Council 15 — 428 1/16/2024 10 0 Z a) 8 V♦ --1 —n x 00 m r c� m 0 1 ;U m r hn.^.0 tal 1 H—I-k Way en W Hemlock Wey W Segeratrel 'Ave EDINGaEAVE. m E sianf6r. Fortl St m N m ^I N Y m I^ m I SI O-id-1 : s m I � 9 w PI E Si Andrew F Z =m rtnde PI E n m N � N W P�n3 "• rc W Dyer Rd .. ,j,�5 8addlebacr ,N �}, High School a 10 � In:emalinna: �v� �' /S�'" e � • Yi Pn ye �f P.anra k¢e p J/ �' a" CamiageQ °f y+e -$ Y CO c H—jI a P i-mpRWay' _ tie fNl qVe yk+A°0� ® W Allan A><P W AHart Ave I All, WAllon Ave - N '~ C—I AVe s' O A N ry LillPa king YY Caml Ave y �' W Anon Avenr is E a — Sainy'.y _ @2011 Google- I.lap*ta I" City Council 15 — 429 1/16/2024 terAw-- '00- r,if iL CV aL 3' a� a ° UZI ;L7 — r r" ; d- l - �E a►. d i �,. LAO OR Playground Asset(3) Facility Structure ® Community Center (1) Q Restroom (1) Athletic Court —] Basketball Court (1) Tennis Court (2) Q Volleyball Court (1) GIS Park Boundary (1) 0 90 180 0 Feet Sandpointe Park City Council 15 — 430 1/16/2024 v ,, om -W, IR -W L -1 momm, ram. W ifru� ME Facility Structure Public Utility Structure (1) GIS Park Boundary (1) IWA, ljNJ 0 40 80 0 Feet Segerstrom Triangle Park City Council 15 — 431 1/16/2024 EXHIBIT C PRICING PROPOSALS/RATES City Council 15 — 432 1/16/2024 ADDENDUM 2 - EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage* Monthly Rate Yearly Rate Full Time Equivalents Cesar Chavez / Campesino 7 $ 12,824.43 $ 153,893.16 1.84 Edna 2 $ 3,664.12 $ 43,969.47 0.53 El Salvador 9 $ 16,488.55 $ 197,862.63 2.36 King St. Park* TBD $ 1,832.06 $ 21,984.74 0.26 Memory Lane 0.6 $ 10,992.37 $ 131,908.42 1.58 Riverview 8 $ 14,656.49 $ 175,877.90 2.1 Rosita 8 $ 14,656.49 $ 175,877.90 2.1 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage* 17`h St. & Santa Ana River Triangle 0.69 $ 1,264.12 $ 15,169.47 0.18 Fairview Triangle 0.73 $ 1,337.40 $ 16,048.86 0.19 Annual Total 1 $ 77,716.041 $ 932,592.55 1 11.14 *Future Park DISTRICT 1: SANTA ANA LIBRARY Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC.) New Hope Libray 0.56 $ 1,025.95 $ 12,311.45 0.15 Annual Total $ 1,025.95 $ 12,311.45 0.15 DISTRICT 2 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Monthly Rate Yearly Rate Full Time Equivalents 10th and Flower Park* 1.7 $ 2,450.84 $ 29,410.13 0.35 Angels Community 1.7 $ 2,450.84 $ 29,410.13 0.35 Birch 2.4 $ 3,460.01 $ 41,520.18 0.5 Cabrillo 7.3 $ 10,524.21 $ 126,290.54 1.51 Cabrillo Tennis Center 7.6 $ 10,956.71 $ 131,480.56 1.57 Cheppa's 0.4 $ 576.67 $ 6,920.03 0.08 Eldridge 1.2 $ 1,730.01 $ 20,760.09 0.25 Fisher 1.5 $ 2,162.51 $ 25,950.11 0.31 French 0.2 $ 288.33 $ 3,460.01 0.04 Garfield 0.1 $ 144.17 $ 1,730.01 0.02 Mabury 5.5 $ 7,929.20 $ 95,150.41 1.14 Mariposa 0.5 $ 720.84 $ 8,650.04 0.1 Morrison 5.9 $ 8,505.87 $ 102,070.44 1.22 Portola 9.1 $ 13,119.22 $ 157,430.67 1.88 Saddleback View 0.9 $ 1,297.51 $ 15,570.07 0.19 Santiago (including bike trail) 26 $ 37,483.49 $ 449,801.92 5.37 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage 602 N. Garfield Street 0.2 $ 288.33 $ 3,460.01 0.04 Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Garfield Community Center 0.2 $ 288.33 $ 3,460.01 0.04 Plaza Calle Cuatro 0.2 $ 288.33 $ 3,460.01 0.04 Sarah Mae Downie Herb Garden 0.1 $ 144.17 $ 1,730.01 0.02 Santa Ana Stadium 6.9 $ 9,947.54 $ 119,370.51 1.43 Willard Playground 0.2 $ 288.33 $ 3,460.01 0.04 Annual Total $ 115,045.49 $ 1,380,545.89 16.49 City Council 15 - 433 1/16/2024 *Future Park DISTRICT 2: COMMUNITY DEVELOPMENT AGENCY Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Linear Miles Monthly Rate Yearly Rate Equivalents ETC.) 2nd St from Broadway to Sycamore 0.1 $ 144.17 $ 1,730.01 0.02 4th St. from Ross to French 0.5 $ 720.84 $ 8,650.04 0.1 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, Acreage Monthly Rate Yearly Rate EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) NE corner of 3rd St. and Bush St. 0.8 $ 1,153.34 $ 13,840.06 0.17 312 N. Bush Street 0.1 $ 144.17 $ 11730.01 0.02 Annual Total $ 2,162.511 $ 25,950.11 0.31 DISTRICT 3 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage* Monthly Rate Yearly Rate Full Time Equivalents Bristol/Tolliver Park* 1.1 $ 1,648.96 $ 19,787.51 0.24 Bomo Koral 11 $ 16,489.59 $ 197,875.13 2.36 Delhi 10.4 $ 15,590.16 $ 187,081.94 2.23 Lillie King 9.6 $ 14,390.92 $ 172,691.02 2.06 Madison 6 $ 8,994.32 $ 107,931.89 1.29 Memorial 15.5 $ 23,235.34 $ 278,824.05 3.33 Maple Occidental Exercise Park 0.43 $ 644.59 $ 7,735.12 0.09 Pacific Electric 1.4 $ 2,098.68 $ 25,184.11 0.30 Sandpointe (including paseos) 7.7 $ 11,542.72 $ 138,512.59 1.65 Segerstrom 1.2 $ 1,798.86 $ 21,586.38 0.26 Standard and McFadden Park 0.64 $ 959.39 $ 11,512.73 0.14 Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Linear Miles Monthly Rate Yearly Rate Flower Trail (Flower/Warner to Flower/Sunflower) 1.5 $ 2,248.58 $ 26,982.97 0.32 Pacific Electric Trail (Chestnut/Maple to Alton/Bristol) 3.5 $ 5,246.69 $ 62,960.27 0.75 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate 300 S. Main Street 0.4 $ 599.62 $ 7,195.46 0.09 1022 S. Main Street 0.1 $ 149.91 $ 1,798.86 0.02 Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Monthly Rate Yearly Rate Roosevelt/Walker Comm. Center 1.3 $ 1,948.77 $ 23,385.24 0.28 Unused Property (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC. Acreage Monthly Rate Yearly Rate 625 S. Cypress - Cypress Fire Station 0.17 $ 254.84 $ 3,058.07 0.04 Annual Total $ 107,841.95 $ 1,294,103.35 15.46 *Future Park DISTRICT 3: COMMUNITY DEVELOPMENT AGENCY Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) Carnagie Homeless Shelter TBD $ 1,499.05 $ 17,988.65 0.21 Parking Lots (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage NE corner of 3rd St. and Bush St. 0.8 N/A N/A N/A 312 N.Bush Street 0.1 1 N/A N/A N/A Annual Total 1 $ 1,499.051 $ 17,988.65 0.21 DISTRICT 4 City Council 15 - 434 1/16/2024 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC. Acreage Monthly Rate Yearly Rate Full Time Equivalents 1st/Mountain View Park* 1.7 $ 1,489.07 $ 17,868.79 0.21 Adams 7 $ 6,131.45 $ 73,577.38 0.88 Centennial 87 $ 76,205.14 $ 914,461.67 10.92 Ed Caruther's Park* 1.1 $ 963.51 $ 11,562.16 0.14 Friendship 0.1 $ 87.59 $ 1,051.11 0.01 Heritage 8 $ 7,007.37 $ 84,088.43 1.00 Jerome 14 $ 12,262.90 $ 147,154.75 1.76 Santa Anita 5 $ 4,379.61 $ 52,555.27 0.63 Thornton 35 $ 30,657.24 $ 367,886.88 4.39 Windsor 12 $ 10,511.05 $ 126,132.64 1.51 Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Linear Miles Monthly Rate Yearly Rate Full Time Equivalents Bear Street (Segertrom Ave. to MacArthur Blvd.) 0.49 $ 429.20 $ 5,150.42 0.06 Greenville Street (North of Hall Ave. to Segerstrom Ave.) 0.38 $ 332.85 $ 3,994.20 0.05 Jerome (Monte Vista Ave to McFadden Ave) 0.25 $ 218.98 $ 2,627.76 0.03 MacArthur Blvd (Santa Ana River Trail to MacArthur Blvd) 0.06 $ 52.56 $ 630.66 0.01 St. Andrew PI./St. Gertrude Pl. 0.18 $ 157.67 $ 1,891.99 0.02 Raitt Street (Segertrom Ave. to Alton Ave.) 0.25 $ 218.98 $ 2,627.76 0.03 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.)Acreage McFadden Triangle 0.94 $ 823.37 $ 9,880.39 0.12 Annual Total $ 151,928.52 $ 1,823,142.25 21.78 *Future Park DISTRICT 4: SANTA ANA POLICE DEPARTMENT Centers/Facilities (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage* Monthly Rate Yearly Rate Equivalents ETC.) Santa Ana PAAL Center 0.52 $ 455.48 $ 5,465.75 0.07 Annual Total $ 455.48 $ 5,465.75 0.07 CIVIC CENTER CIVIC CENTER (MUST BE FULLY LOADED AND INCLUDE Full Time LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, Acreage Monthly Rate Yearly Rate Equivalents ETC.) $ 93,547.00 $ 1,122,564.00 13.41 Annual Total $ 93,547.00 $ 1,122,564.00 13.41 SANTA ANA ZOO ZOO (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT MATERIALS TRIP CHARGE DUMPING ETC. Acreage Monthly Rate Yearly Rate Full Time Equivalents 20 $ 59,175.00 $ 710,100.00 8.48 Annual Total $ 59,175.00 $ 710,100.00 8.48 City Council 15 - 435 1/16/2024 EXHIBIT 4 AGREEMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between PCA Arborists & Consultants Inc., a California corporation, dba Pacific Coast Horticulturists ("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 October 20, 2023 the City issued Request for Proposal No. 23-151 ("RFP"), by which it sought Contractors to provide grounds maintenance services to City parks, bike trails, open spaces, and parking lots with assignment of the varied City districts to be assigned to the selected Contractors. A. Contractor submitted a responsive proposal that was amongst one of the four (4) vendors 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 the RFP. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform 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 and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference for the Santa Ana Zoo. 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. The total aggregate sum for services, provided by all four (4) Contractors selected under RFP 23-151, shall not exceed $35,737,920 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual aggregate amount, available to all the selected Contractors, shall not exceed $7,147,584, which includes a base annual amount of $5,228,320 plus a contingency of $1,919,264 for services to be exercised at the City's sole discretion. Page 1 of 10 City Council 15 — 436 1/16/2024 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. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. 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 February 1, 2024 for a three (3) year term until January 31, 2027, 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 16, below. 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 Page 2 of 10 City Council 15 — 437 1/16/2024 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries 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 $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 or 25 04) or the general aggregate 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 limit no 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. • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 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. Page 3 of 40 City Council 15 — 438 1/16/2024 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 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). 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 officers, officials, employees, or volunteers shall be excess of the Contractor'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 Contractor hereby grants to City a waiver of any right to subrogation which 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. 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. 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 (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. Page 4 of 10 City Council 15 — 439 1/16/2024 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 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 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. 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. 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. 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 Page 5 of 40 City Council 15 — 440 1/16/2024 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. 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. Page 6 of 10 City Council 15 — 441 1/16/2024 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, 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. Page 7 of 10 City Council 15 — 442 1/16/2024 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 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. 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: City Clerk 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) Page 8 of 10 City Council 15 — 443 1/16/2024 P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Coast Horticulturists Attn: Brandon Elrod, President 910 E. Walnut St. Santa Ana, CA 92701 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. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 City Council 15 — 444 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager CONTRACTOR: Brandon Elrod President Page 10 of 10 City Council 15 — 445 1/16/2024 EXHIBIT A SCOPE OF SERVICES City Council 15 — 446 1/16/2024 (9) IV V CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES TABLE OF CONTENTS I. GENERAL MAINTENANCE OPERATIONS A. General Operations B. Specialty / Sports Areas 1. Sand Court Areas 2. Hard Surface Areas 3. Bicycle Trails/AC Walkways 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails 5. Parking Lots, Bike Trails, and Roads IRRIGATION A. General Information B. Water Management C. Maintenance D. Repair E. Personnel F. Materials TURFGRASS A. Maintenance — Overview B. Inspections — Sports/Priority Turf C. Casual Turf D. Sports/Priority Turf E. Renovation Process EDGING AND DETAILING A. General Specifications GROUNDCOVER A. General Specifications VI. SHRUBS 5 6 6 7 7 7 9 9 11 13 14 14 16 18 18 19 21 23 24 RFP f4aty1 Council Landscape MaintenanUSUr47 1 /1 CPQP2Af 135 (9) CITY OF SANTA ANA A. General Specifications VII. VINES A. General Specifications VIII. TREES A. General Specifications B. Trees Under 15 Feet IX. LAKE MAINTENANCE A. General Specifications X. PEST CONTROL A. General Specifications B. Procedure XI. WEED CONTROL A. General Specifications B. Weed Control of Hard Surfaces C. Weed Abatement of Fallow or Undeveloped Lands XII. LITTER AND DEBRIS MANAGEMENT A. General Specifications B. Schedule C. Pressure Washing XIII. HOMELESS TASKS / CLEANUP A. General Specifications XIV. DRAINAGE APERTURES A. General Specifications XV. PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications XVI. GUARANTEE AND /OR REPLACEMENT POLICY A. General Specifications XVII. REPORTS AND SCHEDULES A. General Specifications B. Reports RZT 29 30 32 33 33 36 36 36 38 38 39 :1 41 W11 43 11 RFP f4aty1 Council Landscape Maintenant5SUAM 1 /16Q020of 135 (2) C. Schedules CITY OF SANTA ANA XVIII. IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports B. Irrigation Schedules XIX. CIVIC CENTER A. General Specifications B. Annual Color Planting and Maintenance Specification at Civic Center C. Vandalism D. Quality of Life Team (QOLT) at Civic Center XX. LAWN BOWLING A. General Specification, Lawn Bowling XXI. CENTENNIAL PARK A. Centennial Park XXII. VACANT LOTS A. Vacant Lots XXIII. SANTA ANA STADIUM A. Santa Ana Stadium A. Santa Ana Zoo 45 47 47 48 49 50 50 53 55 56 57 Ms, RFP f4aty1 Council Landscape MaintenanUSur49 1 / 1 CPQ02'Af 135 (9) CITY OF SANTA ANA SECTION I GENERAL MAINTENACE OPERATIONS This section establishes overall daily contract requirements that the Contractor shall perform unless otherwise specified in later sections. Other specifications given per section are to be utilized as unexpected situations arise and clarification of service is required. It is Contractor's obligation to fully understand the grounds' landscape specifications. Additionally, for all mulch and compost needs that are necessary for Landscape Maintenance, the City's Refuse Contractor Republic Services shall provide freee mulch and compost for all City projects. For all other mulch and compost that requires the Contractor to procure, the the Contractor shall: Use Compost and Senate Bill (SB) 1383 Eligible Mulch produced from recovered Organic Waste for all landscaping maintenance, renovations, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to the City's Solid Waste Enterprise annually upon request. Information to be provided shall include: o General description of how and where the product was used and applied; o Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; o Quantity and type of each product; and o Invoice or other record demonstrating purchase or procurement A. General Operations All areas shall be inspected daily and be maintained in a neat, clean, and safe condition at all times. 2. All drinking fountains shall be checked weekly and kept clean. Clean is defined as free of standing water, disinfected, free of calcium deposits or other encrustations, well -polished, and with drains/collectors cleaned of silt and debris. 3. All sidewalk areas within maintained areas shall be clean and cleared of debris at all times. 4. All leaves, paper, trash, and debris shall be removed from landscape and hardscape areas daily and disposed of offsite. 5. Trash cans provided by the City shall be emptied daily and washed after emptying when necessary, as determined by the City Representative (CR). All tops/lids shall RFP f4aty1 Council Landscape MaintenanUSur"9 1 /1$Q02Af 135 (2)CITY OF SANTA ANA be wiped clean weekly. All missing lids shall be reported immediately. 6. All concrete drains and other surface drains under the sidewalk shall be kept free of vegetation, debris, and algae to allow unrestricted water flow daily. 7. All other drainage facilities shall be cleaned of all vegetation and debris daily, or as necessary. 8. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be immediately made safe and reported to the CR. 9. All barbecue grills, and hot coal containers, shall be emptied of all ashes twice weekly, once on Thursday and once on Sunday mornings. 10. All park benches, picnic tables, play equipment, and band shells shall be steam cleaned or pressure washed per the pressure washing schedule and specifications. Sanitization may vary with use. 11. Reserved picnic sites are a top priority. These sites shall be cleaned and blown by 8:00 a.m. daily, including weekends, holidays, and other times if deemed necessary. Pressure washing will be on a schedule, refer to the pressure washing section, but may require additional pressure washing as determined by CR. 12. The contractor shall spray monthly in all listed areas to control weed growth. 13. The contractor shall check all dog bag dispensers daily, and restock them as necessary. The contractor shall report missing and/or broken dispensers, on the same day, to the CR. The bags shall be provided by the City. 14. All tree limb failures shall be reported to the CR and collected along with any debris within 72 hours. 15. Six -Month Service: a. On January and July of each year the Contractor shall change out old flags and replace them with fresh, new all-weather flags to be provided by the City. Contractor shall follow all flag etiquette regarding the proper care, storage, delivery, and replacement of our American, City, and any other flags. Contractor shall deliver the old and worn flags to the the Park Services Inspector so flags properly folded and cared for. 16. Contractor shall inspect the basketball courts and tennis nets, and replace if required. The City will provide these materials. B. Specialty / Sports Areas 1. Sand Court Areas These areas include tot lots, play areas, volleyball courts, etc. a. All sand areas, including tot lots, shall be cleaned with a basket sand rake to remove leaves and debris and leveled daily. The use of hand- held or backpack blowers or other devices shall not be substituted for raking. b. Sidewalks adjacent to tot lots must be swept or blown daily. Care should be exercised to avoid any patrons using the tot lots. Contractor shall decide when to schedule maintenance activities around their use. RFP f4aty1 Council Landscape MaintenanUSUr"J �� CPQ02 f 135 (2)CITY OF SANTA ANA c. All areas shall be kept free of weeds at all times. d. There shall be no spraying of weeds in sand court areas. e. Areas shall be edged and the turf surrounds maintained. If sand berms accumulate in turf, they must be removed and replaced with sod. f. All sand areas shall be rototilled monthly, at least three (3) weeks apart, to the maximum depth that will allow complete loosening of the sand but will not cause lower base materials to be mixed in with the sand (approximately 12"). After rototilling, all areas shall be raked level. g. Sand shall be replenished as necessary to maintain optimum level in each area. Generally, six inches (6") below the top of the concrete curbing is acceptable. However, dependent upon play equipment footing, the final level shall be determined by CR for each area. Sand will be provided by the City but spread and leveled by the Contractor. h. In the event of storms and periods of excessive rainfall, or the sand court areas become flooded resulting in standing water, the Contractor shall remove the water immediately, as directed by the CR. Water shall be discharged to a safe area. 2. Hard Surface Areas These areas include concrete sidewalks, medians, skate parks, tennis courts, handball courts, basketball courts, bicycle trails, asphalt concrete (AC) walkways, and bandshells. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept or blown daily to remove all deposits of silt, sand, glass, and all foreign objects. c. All sports courts, stages, and bandshells shall be power washed per the pressure washing schedule, or as needed. The contractor will work with the CR to determine the schedule. d. Cracks and crevices must be kept free of weeds at all times. e. Sidewalks should be blown daily, reference Section A., General Operations, No.3. 3. Bicycle Trails/AC Walkways Special emphasis shall be placed on chemical edging along these areas to prevent damage to asphalt by vegetation. All such damage shall be repaired at Contractor's sole expense. 4. Decomposed Granite (DG) Surfaces, Walkways, and Trails RFP f4aty1 CoundI Landscape MaintenanUSUr"� CPQ02Kf 135 (2) CITY OF SANTA ANA DG walkways and trails require additional attention to be properly maintained. The two (2) most common conditions are an uneven surface and lack of moisture. Both issues can make the material unstable and sand -like, creating an unsafe surface. a. The integrity of the surface must be kept intact at all times. b. The contractor shall perform daily inspections of DG surfaces. c. Borders of DG areas shall be kept in proper repair and well-defined at all times. d. DG areas shall be kept free of weeds at all times. e. Monthly maintenance of DG areas shall be according to industry standards. f. Contractor shall immediately repair any DG areas where holes or ruts are apparent, or where the surface becomes uneven. g. Materials will be supplied by the City to maintain the integrity of the product. 5. Parking Lots, Bike Trails, and Roads These areas include parking lots and roads located within the boundaries of the parks, or areas directly adjacent to parks, and whose primary purpose is to provide vehicle parking for patrons. Street parking areas that are not meant specifically for park users will not be included in this section. Areas in doubt should be clarified with the CR. a. All areas shall be inspected daily and maintained in a neat, clean, and safe condition at all times. Any hazards shall be reported immediately to the CR. b. All areas shall be swept, blown, and/or vacuumed weekly to remove all debris and deposits of silt and/or sand and glass. c. Cracks and crevices shall be kept free of weeds at all times. d. Illegally dumped foreign substances, such as motor oil, shall be properly cleaned immediately. RFP f4aty1 Council Landscape MaintenanUSUr"s CPQ02Kf 135 (9) CITY OF SANTA ANA SECTION II IRRIGATION The irrigation system consists of all components from the outflow side of the meter. The Contractor shall control the irrigation programming components with the coordination of the CR, while the CR will control those components operated by the central programming software Calsense. All manual control systems shall be directly overseen weekly, and in a manner, which allows the irrigation specification to be completed. Contractor shall employ a certified irrigation specialist per district, Zoo, and Civic Center. A. General Information Water management within the City landscape maintenance areas is guided by the following parameters: 1. Application of water to landscape plants at a rate closely matching the demands of plant material; 2. Minimizing runoff; 3. Water conservation and plant health are given equal consideration; 4. Roadway condition and safety; 5. Safe surfaces for community use; 6. Water budget; and 7. Plant health. B. Water Management Water conservation is a top priority for the City and shall be incorporated into all irrigation programming. The irrigation schedule is dynamic and regularly needs to be altered to meet the needs of the City landscape. CR shall determine the schedule and Contractor shall program the controllers to meet this schedule. Landscape irrigation is currently being switched to Calsense Central Control. It is intended that the City will perform water management responsibilities within the central control system. 1. City of Santa Ana irrigation system includes: a. Battery controllers (Hunter Nodes) in valve boxes b. Non -centrally controlled manual clocks c. Hydraulic valves d. Thermal valves e. Quick coupler systems f. Electric valves g. Solar -powered controllers (Leit) RFP f4aty1 Council Landscape MaintenanUSUM454 CPQ02Kf 135 (9) CITY OF SANTA ANA 2. Controller programs shall incorporate the following: a. Calsense Central Control software shall be exclusively utilized for all controllers with available connections. Field checks shall be required to verify the success of programming as it applies to a specific location. Field checks will be the responsibility of the Contractor, who will report to CR. b. Water must be conserved while meeting the needs of the plant material. c. The City of Santa Ana Water Department (SAWD) management requirements shall be followed unless the CR approves an alternate schedule. d. Contractor shall avoid weekend watering unless approved by CR. e. Contractor shall water deeply and infrequently for all tree and shrub applications. f. Contractor shall utilize cycle/soak principles to encourage deep rooting of all plant material, especially turf. g. Evapotranspiration (ET) rates shall be utilized when considering programming. h. Contractor shall minimize runoff onto streets, sidewalks, and other non -target areas. i. Contractor shall provide sufficient time for the soil to dry out between irrigations. j. Contractor shall maximize community use of City property. k. Contractor will alter the irrigation programming to accommodate the field renovations to promote seed germination and establishment. 3. Irrigation systems shall be programmed to water between 10:00 A.M. and 6:00 P.M. (Monday- Friday) unless otherwise approved by the CR. 4. Contractor shall be responsible for programming all controllers (light energized Irrigation Technology, field controllers, battery -operated controllers, manual systems) not integrated into the central control system. 5. Program changes for the manual (non -centralized) controllers shall be done the same day of notification by the CR and changed per CR specification. 6. Verification of the updated irrigation schedule shall be the responsibility of the CR. The contractor shall work with the CR to ensure all programming changes have been entered and verified on the electronic programming log. 7. Contractor shall set and maintain the programming for the manual irrigation controllers to meet the criteria as stated above. The City reserves the right to inspect and monitor those settings and make recommendations to the Contractor. In case of a dispute, the CR will make the final determination. Any discussion of this type shall be recorded by the Park Inspectors on the work order form and kept on file. 8. In the event that any of the components of the irrigation system fail to provide full and proper coverage, Contractor shall provide alternate irrigation with full and proper coverage to all areas in the worksite at no extra cost to the City. 9. The controller program shall be sufficient to maintain a healthy landscape without excessive water use and shall be consistent with the established Irrigation Association (IA), Metropolitan Water District (MWD), and Santa Ana Water Department (SAWD) guidelines recognized throughout the industry. RFP f4aty1 Council Landscape MaintenanUSUM455 CPQ02Kf 135 w CITY OF SANTA ANA 10. Any damage created by improper irrigation practices or neglect shall be the responsibility of the Contractor to correct, at sole cost to the Contractor. 11. No watering shall occur during the daylight hours unless associated with a repair, audit, manual system operation, or an alternate schedule is approved by the CR. 12. The operation of manual irrigation systems shall occur daily, Sunday through Monday, between 6:00 A.M. to 6:00 P.M. 13. All program changes shall be recorded on the electronic Irrigation Controller Program Log by Contractor. 14. City shall compare water meter readings to ensure that there is no excessive water use in any of the Contract areas. Contractor must meet with the CR to review these reports as necessary, or as directed by the CR. 15. Contractor shall turn off programmed irrigation systems immediately during periods when extreme rainfall exists or is predicted, and other times when suspension of irrigation is desirable to conserve water, as directed/approved by the CR. 16. Any time the irrigation system(s) are shut down for any reason, Contractor shall notify the CR immediately. Once CR acknowledges the necessity to turn on the water once again, controller activation shall begin within five (5) working days. 17. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for the greatest potential runoff. C. Maintenance Contractor shall diagnose, maintain, and repair all irrigation components downstream of the remote control valve (RCV). The Contractor SHALL be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no additional cost to the City. Contractor will repair or assist in repairs for components downstream of the meter through Additional Extra Work (AEW). 2. Irrigation maintenance shall include, but not be limited to operation of the system, adjustments, repairs, modifications, improvements, testing, analysis, and other work as required. Some examples of regular maintenance include the function of electrical systems, backflows, controllers, valves, head alignment and spacing, and wiring operation. a. Components include but are not limited to irrigation controller, remote control valves, main and lateral lines, fittings, risers, sprinkler heads, quick couplers, drip systems (subsurface and surface), master valves, flow sensors, valve boxes, fertilizer injector systems, and tree watering systems. 3. All areas shall be irrigated to maintain specified growth and appearance determined by CR. 4. Handsets (Calsense, LEIT) may be required to operate the controllers. These will be supplied at Contractor's expense. 5. Proper alignment (vertical straightness, operational height of nozzle) will require raising/lowering/leveling of the sprinklers and shall be done at Contractor's sole expense. 6. Plants blocking the sprinkler pattern will require the technician to mark the plant material with paint and coordinate the trimming/removal with the CR. RFP f4aty1 Council Landscape MaintenanUSUr"O 1 /1$Q024of 135 (9) D. Repair CITY OF SANTA ANA 7. Automatic controllers and/or enclosures shall be locked while unattended. Locks are initially supplied by the City, if lost or reckless the Contractor is responsible to replace with same or higher quality locks at their expense. City will replace worn or deteriorating locks. 8. All enclosures, including valve, controller, booster pump, etc., shall be kept free of all insects, rodents, and rust. Damage caused by insects, rodents, or rusting shall be repaired within five (5) calendar days at Contractor's expense. 9. All drip line valve filters shall be cleaned twice per year in February and November of every year. 10. All subsurface apertures shall have permanent lids affixed at all times and shall be kept free of overgrowth. Apertures include valve boxes, controllers, electrical and cable boxes, manholes, and backflow devices. 11. Weekly Priority/Sports Turf irrigation audits shall be completed and electronically submitted to CR. 12. Should the CR be called upon to diagnose an irrigation problem that is Contractor's responsibility, the City's labor and material costs incurred will be deducted from the monthly payment to the Contractor. 13. All irrigation evaluation work requires a notification sign to be present for the duration of the work. 14. All sprinkler heads and emitters shall be adjusted to maintain proper coverage to ensure adequate flow. Adjustments shall include, but not be limited to actual adjustments to heads; cleaning and flushing heads, nozzles, lines, and screens; and removal of obstructions. 15. All irrigation systems shall be tested and inspected a minimum of one (1) time per calendar year quarter (Jan -Mar, Apr -Jun, Jul -Sep, Oct -Dec), regardless of controller type, and an electronic audit form shall be used to submit the results to CR quarterly by the 10th day of the month following that period (e.g., April 10th, July 10th, October 10t", and January 101"). Any requested changes shall be submitted for approval before implementation. a. An exception to the aforementioned is any battery -operated valve, which shall be inspected two (2) times per year. 1. Contractor shall continually monitor and perform any necessary repairs from the outflow side of the meter. 2. City will provide materials to replace the RCVs and mainlines, see Section 2.6, Materials for the process. 3. The Contractor shall be responsible for repairing and replacing all irrigation parts, including but not limited to irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems remote control valves (RCVs) at no extra cost to the City. Contractor shall make repairs to the satisfaction of the Director's Representative (DR). Contractor shall make repairs within 24 hours of being on notice of deficiencies to the lateral lines and/or rotors/heads. 4. Contractor shall contact the CR regarding structural failures after the meter (e.g. RFP ;Qaty1 Council Landscape MaintenanUSur"7 1 / 1 CPQ024f 135 w CITY OF SANTA ANA backflows, main and lateral lines, valves, central control, etc.) within twelve (12) hours of occurrence. Repairs requiring additional funds shall be proposed within 24 hours by contacting the CR. 5. All damage resulting from Contractor's operations shall be repaired or replaced before the end of the workday at the Contractor's sole expense. 6. All third -party damage or other needed repairs shall be completed by the Contractor, as indicated in the Specifications, and paid for by the City on a cost -per -repair basis. Repairs to the irrigation system shall be completed within 24 hours of approval by the CR on any component damage, including, but not limited to, broken irrigation lines and tubing, defective or broken valves, sprinkler heads, emitters, sprinkler head relocations, and other modifications as necessary. 7. If not able to make irrigation repairs in a timely manner, Contractor shall be responsible for watering all areas manually. 8. In addition to quarterly testing, all irrigation systems shall be tested and inspected daily if necessary, when damage or malfunction is suspected, observed or reported. a. Contractor shall repair malfunctioning controllers, quick couplers, manual or automatic valves, and sprinkler heads within twelve (12) hours of receipt of the verbal or written notice unless the field condition does not allow or per the direction of the CIT (City Irrigation Technician). b. Contractor shall correct deficient or irregular irrigation systems and equipment as necessary following verbal notification from the CR. c. Irrigation checks must be done immediately if plants begin to wilt, defoliate or change color. 9. All Sports/Priority Turf irrigation repairs shall be made within four (4) hours of approval by the CR. 10. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment will be made by the City nor billed by Contractor for repairs on equipment covered by the warranty. 11. Contractor shall pay for all excessive utility usage due to failure to repair malfunctions on a timely basis or unauthorized increases in irrigation frequency. Costs will be determined from comparisons of usage with historical usage for the same time period and be presented to the Contractor for review before deduction of payment. E. Personnel Contractor shall provide dedicated irrigation a personnel to the Contract Area, District 1, District 2, District 3, District 4, Civic Center, and the Zoo; whose primary and sole function shall be to properly operate, monitor and maintain the irrigation system within the listed Contract Areas Personnel shall be: Fully trained and knowledgeable in all phases of the landscape irrigation system, including central control, site controllers, component maintenance, repair, and adjustment, and familiarity with all brands and models of irrigation equipment used within the City; 2. Personnell shall be knowledgeable of and proficient in current water management RFP f4aty1 CoundI Landscape MaintenanUSUM45$ 1 /16Q020of 135 w CITY OF SANTA ANA concepts; 3. Capable of performing irrigation audits and providing a report; 4. Capable of taking direction from several City personnel, but particularly accountable to the City Irrigation Technician and the area gardener; and 5. Capable of verbal and written communication in a professional level of English. F. Materials The City shall supply irrigaton materials and supplies. However, there will be occasions when a repair is necessary and the City is out of inventory. In these cases, Contractor shall be required to supply the materials. Contractor is responsible for repairs, including but not limited to, irrigation rotors/heads, lateral lines, and parts from the downstream side of the irrigation systems' remote -control valves (RCVs) at no extra cost to the City. 1. City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises this option, the following conditions will apply: a. All City purchases will be for the sole use of and for the City. b. Contractor shall secure and store inventory, distribute and control all material entrusted to its representatives. All materials and inventories shall be made available to the City upon request. c. All material given to the Contractor shall be inventoried by location using the electronic work order system. The replaced part shall be returned to the City to remove the replacement part from the outstanding inventory. 2. All replacement materials shall be original types and models unless a CR approves a substitute. 3. Contractor shall maintain, at no additional cost to the City, an adequate inventory of medium- to high -usage stock items to repair the irrigation systems. 4. Contractor shall implement repairs under all warranties. 5. All invoices, AEW, shall state labor and material costs. 6. The actual cost of all materials passed onto the City shall include the following: a. Wholesale cost (retail costs minus Contractor's discount) b. Applicable sales tax c. A markup of 10% maximum for all overhead costs and profits 7. The wholesale cost shall be the actual cost paid by Contractor reflecting the best price, including any discount given to Contractor (written receipt submitted with billing) 8. At no time shall the cost of materials exceed the retail cost from the current price list, minus any discounts. RFP f4aty1 Council Landscape MaintenanUSUr"9 1 / 1 CPQPZ%f 135 e) CITY OF SANTA ANA The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. RFP f4aty1 Council Landscape MaintenanUSUr"9 1 / 1 CPQP�Af 135 "1 CITY OF SANTA ANA SECTION III TURFGRASS The City desires to establish and maintain safe, healthy, well -suited warm -season turf grass cultivars for the intended site use. Turf grass shall be maintained to appear level, with a smooth appearance and clean edges. Consideration should be given to environmental conditions (e.g. climate change, increasing temperatures, drought, invasive pests, etc.) when determining satisfactory results of landscape maintenance. A. Maintenance — Overview Turf care shall be differentiated by the two (2) types of turf - "Casual" and "Sports/Priority" Turf. When the word "Turf' is not preceded by the word "General" or the word "Sports/Priority," it applies to both types of turf. Casual Turf Mowing All "casual" turf (non-sport/priority turf) shall be mowed every other week, from October 31 st to February 2811 of each year. "Casual" turf shall be mowed each week from March 1st to November 1 st of each year. Each year the DR will select the dates in mid -November and mid -March when the Contractor shall transition from every other week mowing to once -a -week mowing. The Contractor shall use Kubota L5060 tractors, or approved equal, equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mowers for the large turf areas greater than 69" wide and Trimax ProCutS3-178 69" rotary, or approved equal, detail mowers for areas between trees and other park amenities. The DR shall determine the height of the cut. 2. Sport/Priority Turf Mowing All "priority" turf shall be mowed once a week all year. The Contractor shall mow the priority turf areas at 1/2"- 3/4" unless approved by CR. To achieve a quality cut at this height and not leave clippings, the Contractor will perform a first cut using a rotary mower with clipping catching capability, followed by using a Kubota L5060 tractor equipped with turf -type tires and tractor - powered Trimax ProCutS3-237 91" rotary mower, an approved fairway or greens mower for medium size areas and a walk behind Jacobsen Eclipse2 reel mower for small areas. Note that the Contractor shall perform quality sports turf mowing and detailing to the DR satisfaction regardless of the equipment and methods the Contractor uses. The DR shall direct the Contractor to mow the priority turf lower than 1/2", if necessary. Note that the Ball Diamond Infield Maintenance Contractor shall be responsible for mowing turf infields, including foul territory turf areas, 36" beyond the skinned infield arc, and other designated ball diamond turf areas. Infield maintenance shall not be a part of this agreement. The contractor shall maintain mowers that provide a smooth, even cut without ridges or depression and without tearing off the leaf blades; including sharp blades on all mowers. 2. All factory safety equipment must be fully operational. 3. The mowing schedule may be altered due to weather and/or other conditions upon approval from the CR. 4. Mowing shall be completed during one (1) single -day operation per given area. 5. The contractor shall not mow areas where the soil is over -saturated. 6. All litter shall be removed from the turf before each mowing. RFP f4aty1 Council Landscape MaintenanUSUr"J 1 /1 CPQPZ6bf 135 "1 CITY OF SANTA ANA 7. Mowing shall be performed at the speed the mower's manufacturer specifies to maximize the quality of the cut. The emphasis shall be on quality mowing vs. speed and unprofessional patterns. 8. Mulching mowers shall be used to mow General Turf grass areas. Recycling blades and/or recycling decks shall be used in all areas where grass clippings will not be picked up. 9. Excessive clipping debris, as determined by the CR, shall be removed and disposed of offsite at the Contractor's expense. 10. String trimmers shall not be used for mowing turf. 11. Turf shall be mechanically trimmed with a grounded blade edger at the same time as mowing during the seasonal mowing cycle (twice per month in winter, once per week in summer). 12. The areas requiring edging shall include all hardscapes adjacent to turf, including sidewalks, curbing, planters, grave markers, historical plaques and markers, and other concrete entities, asphalt, concrete, paved areas, and DG. 13. All edging shall be done in a way as to not damage any hardscape entities. 14. Other fixtures such as but not limited to valve boxes, utility boxes, cleanouts, drains, signs posts, poles, benches, tables, and building foundations can be edged with the use of string trimmers, once an edging pattern has been properly established using an edger or sharpened shovel. Should the edged area begin to deform, CR shall direct the Contractor to repeat the detail process. 15. Property damaged by string trimmers or mowers shall be replaced/repaired immediately. 16. Sidewalks and other hard surfaces shall be properly cleaned after each edging, including grass stains or marks from the mowing process. 17. Trimming of grass around trees or planter beds in the turf area (12 to 24-inch distance from the object) shall be performed during the seasonal mowing cycle in such a manner as to avoid damage to the plants. a. Chemical edging and trim pattern establishment using a blade edger shall be completed when grass encroachment is within six (6) inches of the trunk or planter bed. 18. Any mechanical damage to tree trunks which is considered Contractor neglect shall result in a replacement planting, at the discretion of the CR. 19. Refurbishment of damaged turf due to Contractor negligence, including poor irrigation management, irregular turf evaluation intervals, and/or Contractor error shall be completed within seven (7) days of discovery and notation. 20. Turf shall be maintained within 6-12 inches of all appurtenances (e.g. walls, fences, transformers, etc.) 21. Detail lines shall be made straight and shall be maintained straight. 22. The contractor shall fill all divots, depressions, and uneven areas with sand, as directed by the CR. 23. The City reserves the right to require the Contractor to apply plant dye on specified plant material within 24 hours of notification to the landscape that has been stressed due to the Contractor's neglect. The dye will be applied at no additional cost to the City. RFP f4aty1 Council Landscape MaintenanUSUr"� 1 /1$Q020of 135 (2) CITY OF SANTA ANA B. Inspections — Sports/Priority Turf The contractor shall inspect the sports fields or play areas daily. All sports fields shall be kept at a level grade to provide a uniform height of turfgrass, by topdressing low places with clean sand. a. Depressions over 1" in depth, which lack turfgrass cover, shall be filled with weed -free soil to the existing grade. Rototilling may be prescribed by a CR. 2. The contractor shall inspect the sports fields or play areas for proper water drainage away from the playing surface. If drainage is not evident, irrigation programming in the affected area shall be required to prevent landscape failure. The contractor shall contact the CR for the proper irrigation management strategy, which shall be programmed within 24 hours. 3. The contractor shall inspect the sports fields or play areas for hazardous holes or depressions that may cause a player to trip. Those found shall be filled as directed in Section 3.2.1.an above. 4. The contractor shall remove stones and other debris that may interfere with play or cause injury. 5. The contractor shall inspect the sports fields or play areas to see that the soil absorbs irrigation and rain rapidly enough to provide reasonably good footing on the surface of the area. If improvement is indicated by the CR, Contractor shall contact the CR for direction. 6. The contractor shall inspect the sports fields or play areas to see if the turf surface is being irrigated evenly with a reasonable amount of water. Irrigation programming for Sports/Priority Turf is at the highest tier (Tier One — Turf Irrigation Reduction Priority Key). C. Casual Turf The scope of work for General Turf includes the following: 1. The mowing schedule shall be once per week from March 1 to October 31 and once every other week from November 1 to February 28, Monday through Friday of each week specified. 2. Not more than 1/3rd of the total leaf length shall be removed per mowing. 3. Mowing shall be completed in one (1) operation. 4. Turf shall be aerified a minimum of one (1) time annually in March using a solid tine aerator to a minimum depth of three (3) inches. 5. Casual Turf shall be renovated-overseeded one time per year, April through May. All seed quantities and types specified with either Kikuya or Marathon fescus shall be verified by the DR prior to any applications. The process for renovation-overseeding shall be as follows: 6. The turf shall be flailed down to All turf clippings shall be removed. 7. The contractor shall flag/mark all irrigation and site amenities and shall avoid hitting/damaging them with the aeration equipment. Any damage caused to the irrigation or other site amenities shall be repaired/replaced at the Contractors' expense. 8. The contractor shall coordinate with the CR to irrigate the causal turf to allow greater penetration for the aerator. RFP f4aty1 Council Landscape MaintenanUSU,"s 1 /1 CPQP�Af 135 "1 CITY OF SANTA ANA 9. The turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). Contractor shall make two - passes in different directions per the DRs direction. 10. Contractor shall coordinate with the CR to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 11. Once the CR verifies that the irrigation system is working efficiently, the Contractor shall overseed the turf using Stover Seed Company's AZ-1 Kikuyugrass or Marathon Fescus at a rate of 30 pounds per acre. During the germination period, the Contractor shall assume responsibility for programming the irrigation controller(s) to assure 100% germination of seed. 12. Immediately after overseeding the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. 13. The intent of overseeding is to have 100 percent turf coverage, re -seeding in bare spots shall include seed topper. 14. Cutting height shall be 2-2.5 inches, with final determination to be made by the CR. D. Sports/Priority Turf The Sports and Priority fields to be considered for this section are listed in Appendix II.This list is dynamic and will have fields added and removed periodically. The scope of work for Sports and Priority Turf includes the following: 1. Contractor shall mow once per week, all year. a. This may require mowing athletic fields when the rest of the park is not being mowed. 2. Contractor shall vary the height of cut depending upon the season, grass type, and growing conditions. The specific cut will be determined seasonally by the CR, but shall not be altered once the height has been determined for the season. a. Mowing height for warm season turf shall be .5-1.5 inches, with the CR guiding cutting height depending on the machines used. 3. Sports/Priority Tun` in this Contract shall be mowed using a power -driven fairway reel mower or fine cut rotary mower. The quality of the cut will be determined by the CR and changes may be required if minimum standards still need to be met. 4. The mowers shall be maintained and sharpened to provide a smooth, even cut without tearing of the leaf blade. The reel or blade adjustment shall provide a uniform, level cut without ridges or depressions. 5. Contractor shall perform alternate mowing patterns to prevent wheel ruts. If ruts are made, the Contractor shall make repairs at its sole expense. a. Repairs for deep ruts may include sod -cutting of damaged areas, leveling of subsurface soil, and replacement of sod. b. Field may be taken out of play due to rutting, and the deductions for lost time shall be subtracted from the monthly payment to the Contractor. 6. Sports Fields Overseeding shall be renovated-overseeded each year per the Sports Annual RFP f4aty1 Council Landscape MaintenanUSUr"4 1 /1$Q020of 135 w CITY OF SANTA ANA Schedule. The DR shall verify all seed quantities and types specified in the contract before any applications. The process for renovation-overseeding shall be as follows: 7. Renovation downtime schedules effectively take the Sports Turf area out of service for several weeks (the schedule to be determined by the CR for a duration of 10 weeks). The goal of this period is to restore worn and damaged turf. This renovation procedure includes core aerification, fertilization, seeding, and grade restoration. These procedures shall be included in the cost proposal. A typical renovation includes: 8. The contractor shall install a 6' high temporary construction fence with stands around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. Perimeter fencing shall be placed at the direction of the CR to avoid sprinkler damage and provide 100 percent water coverage. See aerial maps of sports field locations. 9. Turf shall be mowed down to '/4"-1/2 ", or determined by CR. All turf clippings shall be removed. 10. Turf shall be aerated using the Kubota L5060 tractor equipped with turf type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal). The contractor shall make two passes in different directions per the DRs direction. 11. Turf shall then be vertical using the Kubota L5060 tractor equipped with turf -type tires and the Trilo VCU 200 Verticut implement. Following verticutting all turf clippings shall be removed. 12. The contractor shall coordinate with the CR to confirm that all irrigation has been tested and restored to original design specifications before overseeding. 13. Immediately after overseeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. 14. Once the CR verifies the irrigation system is working efficiently, the Contractor shall overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 65 pounds per acre; and, b) Stover Seed Company's Pro Sportsfield Supreme in the spring/summer at a rate of 65 pounds per acre. The contractor shall overseed all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 15. Immediately after overseeding the Contractor shall apply'/4" minus STA-approved compost topper from R&S Soils to all turf using the Kubota L5060 tractor equipped with turf -type tires and the Tycrop TD-460 QuickPass top -dresser. 16. Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize the germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17. Plugs/cores shall be removed, or broken up (drag mat, mower) and spread over the Turf area being treated, at the time of aeration, to the satisfaction of the CR. 18. Flags identifying irrigation shall be removed by Contractor immediately after aerification. 19. City -supplied signs indicating a field renovation is in progress shall be posted. 20. The contractor shall secure all the seed materials at the beginning of the season in RFP f4aty1Council Landscape MaintenanUSUr"5 1/16Q020of 135 (2)CITY OF SANTA ANA advance to avoid shortages or "out of stock" scenarios. E. Renovation Process Shall have the CR, unless approved otherwise, during the rennovation process: 1. Day 1 a. Irrigation audit, ensure coverage and adjust sprinklers heads to 1/2:" below grade. b. Aeration (the Kubota L5060 tractor equipped with turf -type tires AerWay aeration equipment utilizing the Toro Pro Core 648 (or Equal)) 2. Day 2 a. Scalping and vertical cutting. b. Following verticutting all turf clippings shall be removed. 3. Day 3 a. Apply seed and drag -in to level surface, coordinate with CR to verify seed type and quanitites b. Immediately after over -seeding and topping, the Contractor shall drag the turf pushing the seed underneath the existing turf. c. Apply light topper dresser (apply W minus STA-approved compost topper from R&S Soils) 4. Day 4 a. Coordinate with CR for the watering program 5. Day 5 - Completion a. Inspect daily and monitor germination. In the last two (2) weeks of the rennovation period, the mowing shall be done in intervals. RFP f4aty1 Council Landscape MaintenanUSUr"O CPQ04Kf 135 SECTION IV EDGING & DETAILING A. General Specifications 1. All edging shall be performed with the use of a gas -powered blade edger or CR-approved substitute. Stick edgers shall not be used. 2. Chemical edging is allowed along edges such as trees, fence lines, curbs, etc., as directed by the CR. The contractor shall not use chemical edging in areas not authorized by the CR. 3. If chemical detailing is performed, the Contractor shall use a string trimmer to remove the treated vegetation within one (1) week after symptoms of phytotoxicity become recognizable. a. Plants (i.e. trees, shrubs, groundcovers, annuals) with noted phytotoxic damage from an herbicide edging treatment shall be removed within one (1) week of observation and replaced with like -sized plants. 4. The contractor shall detail turf no further than 12 inches away from all hard surfaces, including walls, fences, curb lines, roadways, pathways, and landscape surfaces (e.g. trees, shrubs, beds, etc.). a. Detail lines shall be made straight and shall be maintained straight. 5. The contractor shall supply, at Contractor's own expense, replacement plants to reduce any existing bare soil areas along walls and fences that are wider than 12 inches that have been caused by the Contractor's neglect. 6. Edging/detailing shall be performed at the same time mowing occurs. 7. All edging/detailing shall be performed with the use of a McClain's edger or an approved substitute walk -behind or fixed blade stick edger. The contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas, pavers, etc. 8. The Contractor shall detail around trees, along walls/fences, and other amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform, the Park Services Inspector Supervisor shall direct the Contractor to repeat the detail process. Shovel -cut detailing shall be repeated as often as necessary to maintain crisp evenly round/straight lines. In the event that the circle becomes too great, the DR shall direct the Contractor to sod the area around the tree at the Contractor's expense to the size instructed by the Parks Services Inspector Supervisor. RFP f4aty1 Council Landscape MaintenanUSUr"7 1 /1 CPQP4?4f 135 SECTION V GROUND COVER The City's goal is to encourage the proper care and growth of groundcovers, maintained within the confines of their growing areas, free of weeds and without a prevalence of bare spots or unhealthy plant material. Groundcover beds should create a natural, pleasing appearance in all areas. A. General Specifications Groundcovers shall be pruned and maintained according to accepted industry practices and consistent with the intended use. 2. Groundcovers adjacent to hardscape such as sidewalks, walkways, playgrounds, sport courts and parking lots shall be edged weekly in one (1) operation with the turf edging. 3. In locations where turf is not present (i.e. parks, medians, empty lots), groundcovers shall be edged monthly, or as determined by the CR, to present a clean and neat appearance and to keep the plant material from impeding foot traffic. Care shall be taken not to expose bare soil. 4. Edged ground cover will not be allowed to develop a build-up with a sheared face along the sidewalk or curb edges. Groundcover height shall not exceed six (6) inches without a beveled edge (i.e. leaning edge even with sidewalk with lower edge angled inward). 5. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all ground cover beds. 6. Plant material damaged by Contractor -applied herbicides shall be replaced at Contractor's expense. 7. The use of pre -emergent is strongly recommended in areas with overhead irrigation. In some instances, weeds may be removed by mechanical means as approved by the CR. Pre -emergent herbicide cost shall be included in the cost proposal. 8. The contractor shall keep groundcover trimmed back 6-12 inches from all controller units, irrigation heads, valve boxes, quick couplers, up -lighting, or other appurtenances or fixtures. 9. The contractor shall not allow groundcovers to grow up trees, into shrubs, or on structures or walls. The contractor shall keep groundcovers trimmed back approximately 6-12 inches from structures or walls. 10. Any paper or litter that accumulates in ground cover areas shall be picked up daily. 11. Mulch shall be applied to all planting areas two (2) times per year, once in the spring (Apr - Jun), and again in the fall (Sep -Nov). 12. Bare soil areas in ground cover beds shall be replanted or mulched as required. The Contractor shall apply US Composting Council STA-tested approved mulch Y- 4" minus by 2" thick. a. No bare soil areas are permitted in the ground cover areas. All bare soil areas shall be cultivated to 6" deep weekly while awaiting fresh mulch. 13. Ailing and/or stunted groundcover which fails to meet expected growth shall receive additional nutrient treatments to correct deficiencies or shall be replaced by Contractor at RFP f4aty1 Council Landscape MaintenanUSU,"$ CPQD4Kf 135 its expense. If groundcover failure is determined to be due to improper treatment and/or neglect by the Contractor, replacement shall be performed at Contractor's expense within five (5) working days. B. Mulching of Bare Areas In all shrub areas where bare soil is visible, the Contractor shall apply US Composting Council STA tested and approved compost mulch Y- 4" minus by 2" thick minimum twice per year (third week of January and July) and as necessary to maintain uniform and complete coverage. Leaf litter and other organic materials other than mulch shall be removed continuously. a. All bare soil areas shall be cultivated to 6" deep on a weekly basis while awaiting fresh mulch. RFP f4aty1 Council Landscape MaintenanUSUr"9 CPQ04Af 135 SECTION VI SHRUBS The primary objective for maintaining shrubs and other plant material within the City's landscape is to create a natural, aesthetically pleasing appearance throughout all areas. Shrubs to include and not limited to cacti and succulents and other plant material shall be pruned only to allow new growth to develop within the confines of planters and beds and should have soft rounded edges in most applications. The use of powered equipment must be approved before use. A. General Specifications 1. Shrubs shall be pruned quarterly, or as required, for safety, removal of broken or diseased branches, general containment, and appearance. 2. Shrubs shall be pruned, as required, to ensure vehicular and pedestrian visibility and clearance. 3. All bare ground shrub areas, not inter -planted with ground cover, shall be cleaned a minimum of one (1) time per month. Cleaning shall be accomplished without removing significant amounts of any present mulch. 4. Plant material encroaching onto or from City property shall be trimmed back to the property line. At City's discretion, depending on circumstance, plants growing over fences and sidewalks from private property adjacent to contracted areas will also be trimmed back to the property line. 5. All gasoline -powered equipment used for pruning shrubs shall be approved by the CR. 6. Ailing, stunted, and/or dead shrubs, as a result of circumstances beyond the Contractor's control, shall require a proposal for replacement within five (5) working days and shall be restored within one (1) week of obtaining a signed proposal for Supplemental Work. 7. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients, at no additional cost to the City, within five (5) working days of discovery. 8. Shrub failure due to Contractor's neglect or improper treatment shall be replaced, at Contractor's sole expense, with like -kind and -sized plants, within five (5) working days. 9. The contractor shall prune shrubs according to accepted industry practices and consistent with the intended use, as well as to retain as much of the natural informal appearance as possible. Final standards will be the decision of the CR. a. For accepted industry practices, t h e Contractor shall refer to the AHS Standards 'Pruning and Training' manual, latest edition. b. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance. c. The contractor shall remove any spent blossoms or dead flower stalks as required for a neat, clean appearance. d. Shrubs and mounding shall not exceed two (2) feet in height within areas required for vehicular sight distance, depending on roadway topography. 10. The contractor shall apply approved herbicide monthly and/or as required to remove and control broadleaf and grass weeds in and around all shrub beds. The use of pre -emergent is strongly recommended and will be at Contractor's expense. In some instances, weeds may be removed by mechanical means as approved by the CR. 11. Any paper or litter that accumulates in shrub bed areas shall be picked up daily. RFP f4aty1 Council Landscape MaintenanUSUrOG9 1 /1 CPQDZ4Df 135 12. Mulch shall be applied to all shrub/planter bed areas, including medians, two (2) times per year, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). See mulch specifications Section V, Letter B, Mulching of bare areas. 13. "Box hedging" may be required on some shrubs, as designated by the CR. Shear hedging or severe pruning/trimming of plants, unless authorized by the CR, shall not be permitted. 14. Topping of plants whose natural growth stems from the base of the plant shall not be permitted. 15. The contractor may occasionally be requested to raise the bottom of the shrubs for security reasons. 16. All shrubs without ground cover shall be mulched. No bare ground areas shall be acceptable. RFP f4aty1 Council Landscape MaintenanUSUAZJ CPQ04Kf 135 SECTION VII VINES Vines shall be encouraged to grow and flourish by continually maintaining proper care in accordance with AHS Standards. A. General Specifications 1. Vines and espalier plants shall be checked and removed as needed to allow for proper growth. The contractor shall secure vines with appropriate ties to promote directional growth on supports. The contractor shall not use nails to secure vines on masonry walls. 2. Pruning of vines shall be in accordance with good horticultural practices, as defined by the AHS Standards `Pruning and Training' manual, latest edition. 3. Vines shall be pruned only to allow for new growth to develop and to control/direct plant size. 4. No more than 1/3rd of the vines should be pruned at any given time unless directed by the CR. 5. The contractor shall have deep water vines in pockets not provided with sprinklers, as required to promote optimum growth. 6. Weed control shall be applied monthly to control all emergent weeds. In some instances, weeds may be removed by mechanical means as approved by the CR. a. The use of pre -emergent is strongly recommended to control broadleaf and grassy weeds. 7. Any paper or litter that accumulates in vines and surrounding areas shall be picked up daily. 8. Mulch shall be applied to all planting areas two (2) times per year, as necessary, once in the spring (Apr -Jun), and again in the fall (Sep -Nov). 9. Vines shall not be allowed to grow past the designated area. All areas explored by the vine outside of the planting area shall be removed at the Contractor's expense. Any structural damage done by excessive vine growth shall be restored within one (1) week at Contractor's expense. RFP f4aty1 Council Landscape MaintenanUSu OG� 1 /1 CPQD4'Kf 135 SECTION VIII TREES It is essential for the City to continue to develop and maintain an urban forest within its parks and backup areas. The contractor shall prune trees to comply with ISA standards and maintain their characteristic shape, density, and texture. The center of gravity, or location of the mass, per tree, is close to the center and close to the ground, enabling the trees to withstand strong winds. Thus, the Contractor shall not thin or "lace out" dense foliage, except for outside branches. The Contract will include a large number of newly -planted trees and reforested areas. Tree pruning specifications for all trees over 15 feet are covered under a separate tree maintenance contract, except for the requirements to raise trees for clearance. A. General Specifications 1. The contractor shall raise all trees, as required, to allow twelve -foot (12') clearance within park boundaries and fifteen -foot (15') clearance above road surfaces for vehicular traffic. 2. All trees shall be pruned as required to remove broken, crowned, dead, hazardous, and infested portions for safety reasons. 3. The CR shall be informed immediately of any hazardous trees. 4. All pruning shall be done by the use of proper tools, per ISA Standards, and disinfected after each tree is pruned to prevent the spread of disease and pathogens from one tree to another. 5. Topping trees shall not be permitted. Any pruning shall be done by those experienced and skilled in pruning techniques. 6. All cuts shall be done using proper horticultural practices. Dressing wounds is not allowed. 7. Tree stakes, ties, and guys shall be checked and corrected or replaced as needed and removed when no longer needed. 8. Ties shall be adjusted to prevent girdling. 9. Under no circumstances shall stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote caliper -retained growth (tapered trunk). The contractor shall contact the CR with any questions or concerns. 10. Downed tree debris, of all sizes, shall be cut up and removed within 48 hours of discovery. The contractor shall be responsible for chipping and green waste disposal. 11. Newly planted trees, either by the Contractor or the City, shall become the responsibility of the Contractor if they fall within the height specification. B. Trees Under 15 Feet 1. The contractor shall prune out branches extending beyond a tree's shape (foliage perimeter). 2. The contractor shall prune to control size and shape. 3. Cuts shall be inside the perimeter of foliage, almost flush with a parent branch, but not harming the collar area. No butts or stubs shall be permitted. Old stubs with an outgrowth of multiple shoots shall be removed. RFP f4aty1 Council Landscape MaintenanUSUAZs CPQ04Kf 135 4. The contractor shall prune off lower branches high enough for traffic clearance. 5. The contractor shall cut out dead, crossing, rubbing branches, and v-shaped crotches. 6. The contractor shall undercut branches over two (2) inches in diameter before final cut is made close to a scaffold (main) branch. Shredded, torn or ripped branches shall be re -cut cleanly. 7. An exposed wound, as where a branch was removed, shall remain exposed. The contractor shall not paint or apply any substance on wounds. 8. Trees close together shall be separated by the removal of intermingling branches. The exception is a large hedge or windbreak consisting of one (1) species. 9. All newly planted or young trees shall be double -staked by the Contractor and secured properly with CR-approved ties. a. The contractor shall use only City -approved staking materials. b. The contractor shall always remove nursery stakes on young trees and replace them with double staking when trunk strength allows. c. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the CR. d. Tree stakes shall be set a consistent distance (minimum six [6] inches) away from the trunk of the tree to reduce abrasion. e. The tops of tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of the main or lateral branches of the tree. 10. A tree too heavy for support by stakes shall have equally -spaced guy wire ties to stakes and shall be inspected for possible removal. The wire shall be on a 45-degree angle with the tree trunk. a. Locations for the use of guy wires shall be determined by the CR. b. Ties shall always allow for tree movement between stakes and tree trunk. c. The contractor shall loosen or remove tree ties upon discovery that ties are too tight before ties girdle a branch or trunk. d. The contractor shall remove stakes or tensioned cables (guy wires) from a tree trunk that is immovable in wet soil. 11. Any tree stakes or ties that are broken, loose, or damaged shall be removed immediately. If the tree is less than one (1) year old or immature and requires continued support, new ties and stakes will be required. 12. Fertilizers, pre -approved by the CR, shall be applied to trees and shrubs that require supplemental feeding. Annual spring feeding shall be done in accordance with the rate indicated by the manufacturer. Fertilization may require deep root feeding or foliar micronutrient applications. 13. All trees located in Casual, Sports/Priority Turf areas shall have 2" of STA approved Y-4" compost mulch installed around the tree ring continuously. 14. The Contractor shall have an ISA Certified Arborist On -call employee able to provide a risk assessment. The contractor will only charge, AEW, the arborist time to investigate and create a risk assessment. The arborist can be asked to meet with residents, the public, or elected officials to discuss tree conditions. RFP f4aty1 Council Landscape MaintenanUSUAZ4 CPQD4Kf 135 SFCTIMI IX LAKE MAINTENANCE A. General Specifications The lake water quality, algae, and aquatic weed control are maintained by a separate contractor. The Specifications for this Contract include the management of the trash, leaf, and branch debris, and habitat evaluation. 1. The following lakes are to be serviced as a part of this Contract: a. Centennial Park b. Thornton Park 2. Water, lake and stream bottoms, surrounding embankments, riprap areas, and sidewalks shall be inspected daily and kept free of litter and debris at all times. This shall include but is not limited to trash, litter, dead fish, fishing line, bird droppings and/or deceased waterfowl, and un-anchored plant debris. a. Skimming equipment capable of a 20-foot reach shall be required to remove the aforementioned items from the subject lakes. b. The contractor shall remove any dead wildlife immediately, and report to the CR. 3. Park equipment such as trash cans, decorative boulders, and park benches that are periodically placed in the water shall be immediately returned to their appropriate locations, and the CR shall be notified. 4. Excessive leaf drop and other debris which results in reduced stream flow or surface collection shall be removed weekly. RFP f4aty1 Council Landscape MaintenanUSUAZ5 1 �1 CPQ04 135 SECTION X PEST CONTROL A. General Specifications Integrated Pest Management (IPM) principles govern the oversight and management of pest pressures. For this reason, biopesticides have been chosen as a primary control method whenever horticultural management criteria deem the anticipated result to be satisfactory. Combined with a sound IPM program, pest control through prevention, cultural practices, exclusion, natural enemies, and host resistance offers the safest, most effective means of producing high-level plant material. The City is concerned with the safety of wildlife and, therefore, the Contractor shall be expressly prohibited from using anything that may result in direct or secondary poisoning and harming of organisms. Contractor shall employ a certified pesticide applicator to implement the IPM specifications. 1. IPM, under this agreement, will apply to planters, tree rings, hardscapes, parking lots, sidewalks, sports courts, etc. Agricultural pest control services for casual, sports, and priority turf shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. 2. The contractor shall manage economic thresholds of plant pests including insects, diseases, weeds, and vertebrate damage, as defined in this section. 3. The contractor shall obtain any necessary permits to comply with City, County, State or Federal regulations or laws to perform such control. 4. By submitting a proposal, the Contractor assumes responsibility and liability for the use, storage, containment, and cleanup of all pest control management materials. 5. Any failure on Contractor's part to abide by City, County, State, and Federal laws or regulations, and the Specifications contained in this section, may result in a default of this Contract. 6. Fines levied against the City as a result of the Contractor's failure to abide by regulations shall be Contractor's responsibility to pay. 7. Contractor shall use all materials in strict accordance with the most current Federal EPA and Cal-DPR regulations, applicable sections of the California Food and Agricultural Code, Title 3, and regulations within the Healthy Schools Act (HSA). 8. The contractor shall maintain the appropriate licenses, and categories within the Licenses, including Pest Control Business License (PCB) and Qualified Applicator License (QAL- categories ABCF). 9. The contractor shall use specified pesticides only. B. Procedure This section shall serve as the primary guideline for pest control operations. Weeds represent the majority of work within this Contract. All applications shall be completed in a safe manner utilizing safety procedures outlined in Appendix A, Terms and Conditions. The contractor shall submit a comprehensive treatment schedule to maintain all working intervals (daily, weekly, monthly, quarterly, and yearly). a. This schedule will be entered as work orders into the City database and closed out after the application has been deemed satisfactory. Completed work orders RFP f4aty1 Council Landscape MaintenanUSUAZO CPQD9Kf 135 shall be indicated by control of the specified pest, not completion of the application. 2. Restricted material applications, and HSA applications, require a notice of intent (NOI) posting to the County Agricultural Commissioner, as well as to the City. The contractor must have written confirmation back from the CR before the start of the application. This written confirmation requirement may be waived upon the completion of successive treatment cycles; notification of this nature will be made in writing to the Contractor via email. 3. The contractor or Contractor's representative shall scout the landscape material for harmful pests regularly and thoroughly. The contractor assumes the primary role in this responsibility. 4. The CR shall inspect all areas of the landscape when infestations of harmful or unwanted pests are located by Contractor and will submit a plan of action to the Contractor. a. A written recommendation shall be issued by the CR to indicate the plan of action when a pesticide is required to be used as a control method. 5. A copy of the monthly Pesticide Use Report (PUR) for all pesticides shall be filed with the County Agricultural Commissioner no later than the 10th of every month for the preceding month. a. A copy of the PUR shall be sent and received by the City at the same time the report is filed with the county. 6. Pesticides shall be applied at times that limit the possibility of contamination from climatic or other factors. a. Early morning application shall be used when possible to avoid contamination from drift. b. All applications shall be scheduled after checking the NOAA weather notification system for potential rainfall. All indications shall be for rain -free weather 48 hours post application. 7. Care shall be taken in transferring, mixing, and applying pesticides to prevent contaminating areas outside of the target area. a. Application methods shall be used to ensure that materials are confined to the target area. 8. Treatment includes the application of the pesticide, as well as the re-entry period following the application. The contractor shall be responsible for maintaining the treatment area throughout the re-entry interval. 9. Spray tanks containing leftover materials shall not be drained on -site. Dumping of tank contents is illegal. a. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code, EPA/DPR regulations, NPDES permit requirements, and all other applicable laws, rules, and regulations. 10. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficacy, it shall be applied in quantities each area is capable of receiving without a runoff. 11. Pruning is an effective prevention of an epidemic of insects and diseases (e.g. pine tree tip moth, juniper twig girdler, tree borers, fire blight). The contractor shall prune away infected RFP f4aty1 Council Landscape MaintenanUSUAZ7 1 /1 CPQP 9Af 135 parts and dispose of them off -site. The contractor shall sterilize pruning equipment before moving to the next plant. 12. Handling requirements may apply during transport to another location (e.g. bagging of tree limbs containing borers). 13. Snails shall be controlled regularly by Contractor before becoming an epidemic. Biopesticides containing iron phosphate or other molluscicides, shall be initiated by Contractor early in the infestation. All reasonable precautions shall be used by Contractor to minimize health risks to non -target organisms. The City will not tolerate epidemics of snails. 14. Cleanup of hazardous material releases, to the extent indicated by the governing agency, is the responsibility of Contractor. RFP f4aty1 Council Landscape MaintenanUSUAZ$ CPQP9Kf 135 SECTION XI WEED CONTROL A. General Specifications A weed is defined as any plant growing in an area where it interferes with the intent and expectation of the landscape. The City expects all areas to have minimum weed populations due to the frequency of management intervals. 1. All weed control material shall be approved by CR prior to using. 2. All weeds shall be addressed, as indicated, in the frequency of management intervals. The Specifications, in general, indicate monthly weed control with a specified herbicide; however, if required to alter the existing intervals for certain areas for higher quality Holi cultural outcomes (e.g. parking lots, planters, sidewalks, etc.) 3. Weed heights of four (4) inches or greater are an indication of improper weed control treatment and/or intervals. Weedy areas will be brought to the attention of Contractor in order to gauge the reason for the deficiency. Remediation of the problem, if deemed a Contract deficiency, shall be within five (5) working days. 4. String trimming, in the absence of chemical treatment, may be used to control a weed population, but satisfactory weed control is measured by both results and the visual aesthetic of the planted area. 5. Manual weed control may be substituted for chemical weed control in some instances to maintain the proper interval (e.g. windy or rainy conditions which prevent chemical treatment). 6. Damage to plants caused by weed competition and herbicide application shall result in replacement plantings at Contractor's expense. B. Weed Control of Hard Surfaces Contractor shall apply an approved herbicide, in the prescribed interval, to remove and control weeds growing in cracks, expansion joints, patios, gutters (cement/asphalt interface), interior park roads, hardscapes, and other contiguous City landscape-hardscape interfaces, in order to maintain the landscape aesthetic. 1. Areas adjacent to paved surfaces shall have minimum margins of relief provided by chemical weed control. a. Systemic, non -selective weed control of adjacent roadside lawns shall not have in excess of twelve (12) inches of bare soil between the lawn and roadway edge. b. Overspray or excessively bare margins shall require replacement plants to be installed. C. Weed Abatement of Fallow or Undeveloped Lands Contractor shall periodically mow unwanted weeds in open space areas, wild areas, and undeveloped portions of City landscapes and vacant City lots. 1. Contractor shall perform weed abatement processes, which maintain the weed population below eight (8) inches, when required throughout the year, but not to exceed four (4) times annually. 2. Any additional frequencies or areas will be paid for as Additional Extra Work (AEW). RFP f4aty1 Council Landscape MaintenanUSUAZ9 1 /1 CPQP@'1Af 135 3. Mowing these areas shall be accomplished with a flail mower or weed eater type unit and shall be preceded with an herbicide application to maintain a weed -free appearance. Spoils shall be left on top as a mulch at the end of mowing. 4. Additionally, areas shall be maintained monthly for trash and dumped items. RFP f4aty1 Council Landscape MaintenanUSUAW 1 / 1 CPQWAf 135 SECTION XII LITTER & DEBRIS MANAGEMENT A. General Specifications Contractor shall provide general cleanup on a daily basis, unless otherwise specified, for the purpose of emptying trash cans and picking up papers, trash, discarded items or debris which may accumulate in the landscape areas; hardscapes within the site (sidewalks, pathways, parking lots, sports surfaces); those City sidewalks that lie directly adjacent to the park or transverse and dissect the median island, vacant lots or backup lots; and all curb and gutter lines that encircle these same sites. This list also includes all other adjacent hardscape elements deemed by the CR to be part of the inventory of the respective Contract landscape areas, lakes, playgrounds, parking lots, internal roadways, and all other park and open space areas. B. Schedule 1. All trash cans shall have full bags removed and replaced with a clean liner by 12:00 p.m. daily. 2. Replacing all plastic trash can liners shall be part of Contractor's routine cleaning process. 3. All litter and debris cleanup shall be performed between the hours of 6:00 a.m. — 12:00 p.m., Monday through Sunday, unless otherwise noted. a. Reserved picnic sites are a priority and shall be cleaned daily by 7:00 a.m., including weekends, holidays, and for special events. Pressure washing may be required as determined by the CR. 4. A route, or order of facilities, that Contractor will follow shall be submitted to the CR and updated as necessary. a. The CR shall be notified immediately if this schedule cannot be met on a particular day. 5. All parking lots and roads shall be swept, blown and/or vacuumed free of debris a minimum of once weekly. This does not replace daily trash and debris clean up. 6. Contractor shall remove all debris resulting from its operations daily and dispose of it off -site at the time of occurrence. a. All debris resulting from any of Contractor's operations shall be removed and disposed of at Contractor's sole expense. No debris shall remain at the end of the workday. 5. All walkways shall be kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to pedestrian, bike, or car traffic. 6. Contractor shall not blow grass cuttings/debris into public streets or gutters that have not been previously swept or vacuumed clean. a. Contractor shall remove debris generated adjacent to landscape areas (i.e. sidewalks, streets, gutters, medians). b. All second notice violations will be immediate deductions. 7. Should illegal dumping occur to any of the Contracted sites, immediate disposal shall be performed at no additional cost to the City. Any such dumping shall be reported immediately to CR. 8. Soil spoils on curb areas, including street medians and gopher soil disturbances, shall be cleaned weekly from all areas. RFP f4aty1 Council Landscape MaintenanUSUAW CPQD9Kf 135 C. Pressure Washing The contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation to perform the cleaning services as set forth herein. 1. Pressure Washing: Power washing with the use of hot high-pressure water sprayer (which shall include high pressure hot water washing) for the 100% removal of dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 2. Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 3. During regular cleaning operations, the contractor shall use high pressure, low -volume washers, and steam cleaner as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surfaces. 4. The nozzle pressure of equipment shall not be so great so as the dislodge tile/paver grout or cause damage to hardscape or surfaces. 5. All trash, debris, tar, freestanding oil, grease, liquids, "green waste, "food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substance, and contaminants shall be removed from hardscape and park amenities upon completion of power washing. 6. Contractor shall provide monthly pressure washing schedules. 7. The Contractor shall pressure wash each each designated area with the following recurrence: a. Weekly Basis i. Gazebos or Patio Structures ii. Benches, BBQ's, picnic tables, drinking fountains, other park amenities iii. Playgrounds, equipment and surface iv. Exercise Equipment and surfaces V. Restroom perimeter to include the exterior of the building and the hardscape with 25' radius a. Bi-Weekly Basis Sports Courts (Tennis, basketball, volleyball, handball to include the court walls, etc.) ii. Trash Receptacles iii. Bleachers to include 25' radius around locations iv. Dugouts and benches V. Doggie Stations vi. Kiosk and Educational Signs RFP f4aty1 Council Landscape MaintenanUSUAU 1 �1 CPQD@ 135 SECTION XIII UNHOUSED AREA CLEAN UP & TASKS A. General Specifications 1. Contractor shall be responsible for cleaning miscellaneous trash items left by unhoused individuals during Contract hours. 2. Contractor shall remove and properly dispose of abandoned items (trash) daily. 3. Interaction with homeless maintenance contractor, CR, City officials and staff, and/or law enforcement personnel may be necessary as it pertains to securing and restoring the imprint. 4. Contractor shall report to the CR regarding interference in contractual execution (unable to mow, pick up trash, etc.) due to unhoused individuals, within 24 hours. 5. Contractor shall report any threatening individuals to the CR immediately. 6. All personal belongings shall be properly bagged and identified with a tape tag indicating location name, date and time of removal, and truck number. These bags shall be stored at a City location. RFP f4aty1 Council Landscape MaintenanUSuAW 1 /1 CPQP aAf 135 SECTION XIV DRAINAGE APERTURES A. General Specifications 1. Contractor shall inspect surface drains (i.e. catch basins, flow structures) located within the landscaped areas daily. 2. Surface drains, including catch basins where applicable, shall be maintained free of obstruction and debris at all times to ensure proper drainage. 3. Contractor shall remove any debris or vegetation that might accumulate to prevent proper flow of water. 4. During periods of inclement weather, Contractor shall take extra care to ensure all drains and drainage areas are kept clear of debris and that water is draining properly. 5. All costs incurred by the City to repaired damage due to improper drain cleaning will be recovered from Contractor. RFP f4aty1 Council Landscape MaintenanUSUAW CPQP9Kf 135 SECTION XV PLANT ADDITIONS AND/OR REPLACEMENTS A. General Specifications 1. Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, groundcover or flowers. 2. Work shall be considered as AEW unless otherwise specified. Exceptions are replacements due to Contractor's negligence, as determined by the CR. 3. Contractor shall replace all damaged plant material due to Contractor's negligence within five (5) working days. RFP f4aty1 Council Landscape MaintenanUSUAU CPQD@Kf 135 SECTION XVI GUARANTEE AND/OR REPLACEMENT POLICY A. General Specifications Plant Health Care (PHC): The Plant Health Care approach to managing trees and shrubs recognizes that, in most cases, plant health problems are the result of many factors, not just a single agent. PHC takes a holistic approach when making management decisions that focuses on plants and their interactions with the living and nonliving elements of the landscape. 2. PHC attempts to prevent problems before they start. Managing plants health involves proper planning, plant selection and a wide range of cultural practices aimed at improving site and soil conditions. When combined with careful monitoring to identify pests in the initial stages these practices greatly reduce dependence on pesticides. 3. All new plant material and irrigation installations shall be guaranteed for a period of one (1) calendar year, unless damage or death of plant material is due to wind, storm, vandalism, riots, war, fire, flood, earthquakes or other events over which the Contractor has no control. 4. Existing plants shall be replaced by Contractor if it is determined by the CR that they were damaged or destroyed due to Contractor's negligence. RFP f4aty1 Council Landscape MaintenanUSUAN /� CPQD@ 135 SECTION XVII REPORTS AND SCHEDULES A. General Specifications Contractor shall submit reports and schedules as requested and as outlined below and in Appendix A and Appendix B. Failure to submit reports and schedules in a timely manner may result in a delay of monthly payments or a deduction. All reports and schedules shall be either provided by, or in a format approved by the City. B. Reports 1. The following are required reports and frequency of delivery by email and followed up by phone call to CR: a. Personnel staffing by area, total employees, total hours — as submitted to DIR b. Pesticide application reports — daily, including NOI c. Pesticide Use Reports — monthly d. Incident and Accident Reports — immediately e. Hazard Reports — immediately f. Refuse — shall be kept on file by Contractor and correlated with an invoice g. Fertilizer application (if applicable) — daily, by site, amount, date, material h. Water truck (if applicable)— gallons per week i. Irrigation system malfunction (central control) or shut down — monthly j. Vandalism — weekly, by site k. Homeless encampments — weekly I. Sports field renovation schedule — will be provided by CR. m. Lake problems or challenges — immediately n. Damage to appurtenances — immediately o. Plant replacement, by area — immediately p. Emergency call out log — monthly q. Consumable goods log — monthly r. Irrigation audits — monthly s. Hardscape cleaning — monthly t. Pest control advisor recommendations — as required by California Code of Regulation u. Safety inspection log for Contractor's yard, equipment, performance - monthly v. Additional Extra Work — weekly, as requested w. Vacant lots log contract completion — quarterly x. Tot lot rototilling — monthly y. DG pathways repair/maintenance — monthly z. Bike trails/Asphalt Cement walkways — monthly RFP f4aty1 Council Landscape MaintenanUSuAU 1 /1 CPQW4f 135 aa. Pressure washing amenities and playgrounds — monthly 2. Additional reports may be occasionally required to assist the City. These reports shall be detailed, thorough and may include, but not be limited to, the following: C. Schedules 1. 2 bb. Suggestions for improving problem areas; cc. Proposal needed prior to performing any Supplemental Work; and dd. Large scale projects. Monthly Maintenance Schedule Contractor shall provide a maintenance schedule to the City in calendar format within thirty (30) days of the start of the Contract. Schedules shall show the day of the week the operation is to be performed, or the order of rotation areas will be serviced, such as for debris pickup or pruning operations. These schedules will be entered into the work order system and Contractor performance will be evaluated based on this rotation. Required schedules and frequencies of delivery are: a. Mowing services for each park site — weekly b. Shrub trimming (backup lot, medians, parks, MOU) — quarterly c. Irrigation audit — quarterly d. Irrigation evaluation of athletic fields — weekly e. Divot/low spot filling of sports/priority fields — weekly f. Tree raising — weekly, as needed g. Coal bin cleaning — weekly h. Sand lot rototilling — bi-weekly i. Weed abatement (spray followed one [11 week later by string trim) — quarterly j. Weed abatement (vacant lot/wild lot) — quarterly k. Other weed abatement — monthly I. Cleaning of parking lots and park roads — weekly m. Mulching — bi-annually n. Sport court cleaning — weekly o. Groundcover trimming — monthly p. DG surface repair — monthly q. Bike trail chemical edging — monthly r. Special projects and locations — as requested s. Supplemental and locations — as requested t. Irrigation programs —weekly u. Additional Extra Work — as needed v. Lake cleaning — weekly w. Lake debris — daily RFP f4aty1 Council Landscape MaintenanUSUAN CPQD@Af 135 x. Other items as requested by the CR — as needed 3. Any other activities that Contractor performs on a regular or semi -regular basis and as determined or requested by the City will require a schedule to be submitted. 4. Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR for review, and if appropriate, approval, within five (5) working days prior to scheduled time for the work. Notification of change in scheduled work due to circumstances beyond the control of Contractor must be received by the City at least 12 hours prior to the scheduled time for work to begin. 5. All schedules shall be of a format either supplied or approved by the City. 6. Contractor shall adjust work schedules within the same week to accommodate all City - observed holidays, during inclement weather, under emergency notification, and for periods of excessive rainfall. RFP f4aty1 Council Landscape MaintenanUSUAW 1 /1 CPQDf"Af 135 CITY OF SANTA ANA SECTION XVIII IRRIGATION REPORTS AND SCHEDULES A. Irrigation Reports Written reports of any repairs or modifications to the irrigation system shall be turned monthly to DR. Failure to do so may delay payment of invoices. 2. Examples of other written reports Contractor shall provide are: a. Monthly irrigation system audit sheet b. Irrigation zone narratives, shall keep a plot plan at the controllers (when applicable) c. Irrigation material purchase request (if applicable) d. Create and maintain an inventory log of irrigation equiptment components throughout the city, by District. B. Irrigation Schedules 3. Contractor shall provide an Irrigation Controller Program Log for each manual controller by area within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the Irrigation Controller Program Log. 4. Contractor shall provide to the City a schedule of all manually -watered areas, including those where use of a vehicle is required, within thirty (30) days of the start of the Contract. Any changes to the regular schedule shall be reported to the CR immediately and recorded on the schedule. RFP f4aty1 Council Landscape MaintenanUSUr"9 1 / 1 CPQWAf 135 SECTION XIX 4WIC CENTER A. General Specifications 1. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed. Downtown Civic Center Grounds and Landscape — The Downtown Civic Center Area is the home of federal, state, county, and city government for Orange County. The classification of maintenance required at this site is considered "high -end commercial." 2. All pedestrian hardscape areas, including but not limited to plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc., shall be blown and/or swept clean daily; Monday - Friday. The Contractor is not responsible for blowing parking lots, only for litter removal. Contractor is not responsible for pressure washing. 3. All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished continuously as stains and dust appear. 4. All trash receptacles shall be emptied daily, seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. Lids shall be completely wiped clean with a germicidal cleanser and polished continuously as stains appear. 5. All cigarette urns shall be sifted daily Monday, Wednesday, and Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 6. All drinking fountains shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Monday, Wednesday, and Friday of each week. 7. All trees below 15' shall be pruned four (4) time per year (first week in January, April, July, and October) using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. 8. All shrubs requiring hedging shall be trimmed every two weeks. 9. Replace all 52 state flags in the Plaza of the Flags the first week of January and July of each year. Flags to be provided by City. 10. All turf in the Civic Center area is considered priority turf. 11. Perennial/Annual Color: All perennial/annual color beds shall be maintained and planted/rotated three (3) times per year (first week of January, May, and September) as detailed in Attachment 5. 12. Fertilization: Cyad and Palms shall be fertilized two (2) times per year (first week in March and September) per the City's agronomic plan. 13. The Contractor shall be required to clean trash and large debris in parking lots in the Civic Center. The work shall be performed in the early morning hours or at a time of day that will not disturb residents. If the work is to be performed during the day, the contractor shall develop a strategy to close off parking lots to prevent people from parking so he/she may clean the entire parking lot. 14. All signage, drinking fountains, concrete pads, trash receptacles, site furniture, bollards, concrete or asphalt areas with stains around trash receptacles, security RFP f4aty1 CoundI Landscape MaintenanUSUr"J CPQD@Kf 135 lights, park benches, walls, and the pavement beneath them and other Civic Center amenities shall be cleaned daily. 15. The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. 16. After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all Civic Center areas within twenty-four hours (24 hrs.) at no additional cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. 17. Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 18. The Plaza of the Flags shall have flags displayed at all times. The Contractor shall visually inspect the flags every day to assure they are in good condition. Should, in the opinion of the DR, any flag is not in good condition (faded, discolored, torn and/or having holes) the Contractor shall immediately request a new flag from the DR. Contractor shall raise the new flag immediately upon receipt from the DR. The Contractor shall replace all flags twice a year (January, July) with flags provided by the City. 19. Japanese Garden Pagoda shall be cleaned daily. B. Annual Color Planting and Maintenance Specification at Civic Center 1. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. 2. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). I Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include but not be limited to the following annual bedding plants: a. Spring/Summer — April through October 1 RFP f4aty1 Council Landscape MaintenanUSU,"o� CPQD@Kf 135 C. Vandalism Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias b. Fall/Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus 1. Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing/damaged plants within 48 hours. 2. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. D. Quality of Life Team (QOLT) (Civic Center) 1. Homeless and Transient Encampent Clean Up a. Contractor shall remove transient/homeless encampments that may include, but is not limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above. Clean up multiple encampment sites shall be scheduled or on an on -call basis. b. Work will consist of surveying sites, collecting debris, dismantling temporary structures, removing trash, and disposing of all debris at a local facility specified by the City. Jobsites can be in heavy foliage, embankments, train tracks, creeks and other areas requiring alertness to the environment and pre -planning to prevent injury or illness. C. Contractor shall remove unwanted natural or environmental materials including, but not be limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar. 2. Removal and disposal of debris/rubbish, including: a. Trees, cut brush, dead trees, tree limbs, and similar materials, b. Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c. Structure demolition, including wood frame, concrete, asphalt, bricks or other construction debris, d. Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter, e. Hand sweeping (or blowing) of streets, alleys, sidewalks and similar areas. 3. Contractor may be required to occasionally perform confined space clean-up for entry into designated areas. RFP f4aty1 Council Landscape MaintenanUSU,"o 1 /1$Q0i"Af 135 4. Contractor maybe assigned to work alongside Santa Ana Police Department and Social Services/Outreach Support Workers when clearing transient/homeless encampments. 5. Immediately contact the City of Santa Ana Police Department in the event that weapons are found. Under most, circumstances, the City's Police Department will have confiscated weapons and illegal contraband prior to the arrival of the Contractor. 6. Contractor may be required to post City provided "Notice to Clean or Remove Property" signs at the work site prior to the commencement of each removal project as established in the work -scope and as directed by City representative. Depending on circumstances, this posting may occur 24-hours from the date of the clean up or as determined by the Projects Manager. Contractor shall photograph posted notices to document time and location of posting as instructed by Projects Manager and City. 7. Contractor may be required to bag and identify personal property left behind at clean-up sites and transport them to a place designated by the Projects Manager or City. Guidelines for property identification will be provided by the City. Such items include but are not limited to items in good repair such as organized backpacks, clean and clearly identified medication, eye glasses in good condition, wallets, handbags, jewelry, operating watches, non -soiled duffel bags, and non -soiled and organized bedrolls. 8. General: 9. Staffing: a. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on City streets, alleys, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance. b. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract. a. Mobil Unit: Two (2) full-time employees from Monday — Friday from 7 am- 4 pm to collect, bag, and tag lost and abandoned property with the QOLT team. b. They required a full-size vehicle with an electric dump trailer, or equivalent, to assist with homeless refuse pickup. c. City Yard Storage: One (1) full-time employee from Monday -Friday from 7:30-4:30 managing the storage facility center located at the City Yard. d. No vehicle is required. e. Staff should be trainable by City Staff and SAPID for homeless property pick up and storage. RFP f4aty1 CounclI Landscape MaintenanUSur"4 CPQD@Kf 135 SECTION XX LAWN BOWLING A. General Specification, Lawn Bowling Mowing, irrigation, and fertilizing are the primary turfgrass practices needed to sustain a turf surface of acceptable quality on a bowling green. Mowing, irrigation, and fertilizing are interrelated to such a degree that a reduction in leaf area by reducing the mowing height or using the vertical mowers too aggressively would require an adjustment in the frequency and intensity of fertilizing and irrigation. Throughout the growing season, the turfgrass grows both vertically and horizontally. When the turfgrass grows, it gets longer, and the matt gets thicker. Correct mowing of the lawn bowls green maintains the smooth and consistent rolling of the bowls, and the grass shall not get longer and thicker to maintain an ideal playing surface. B. Mowing Equipment required for The Santiago Park Lawn Bowling Greens are required: a. Scott Bonner 30" Queen Mower 16-blade reel mower with a Honda 5.5 hp gas engine, OR EQUAL b. Groomer OJLBC-20002-08, OR EQUAL c. Sand Spreader OJLBC-2005-07, OR EQUAL d. GROUNDSMAN AERATOR OJLBC-1998-05Model 460, OR EQUAL 1. Bowling at the Santiago Park greens must be done in a north -south direction. Mowing should be done at a 45-degree angle to the roll of the bowl. Therefore, the mowing directions at the green should be northwest to southeast or northeast to southwest. Contractor must perform mowing as follows: a. These directions should be rotated each time mowing is done. b. During the months of April through November, mow two (2) times per week; set mower height to 1/8". c. During the months of October through March, mow once per week; set mower height to %". d. Overlap each pass of the mower by 50%. e. The Scott Bonner blade is sharpened at a 90-degree angle, enabling the blade to be removed and reversed. When both sides of the reel are dull, the blade is removed and back lapped. 2. Dethatching/Verticutting : a. Contractor must remove thatch material to allow proper water and nutrient permeability. Thatch is a buildup of dead and decaying herbaceous material at or slightly below the ground level. If thatch remains, the turf builds up unevenly and is more susceptible to fungus infections. The thatch slows the roll of the bowl and can alter the course of the roll. b. Contractor must remove thatch during the months of April through November Verticut, dethatch, and level green twice a week. Set cutting blades' height to inch in depth. RFP f4aty1 Council Landscape MaintenanUSur"5 CPQD@Kf 135 3. Grooming: 4. Aeration: a. Contractor must perform grooming services during the months of April through November every year. b. Contractor must groom grass twice a week as described on page 6 of greens maintenance manual. Schedule work for Tuesdays and Thursdays. Set the cutting blades depth to 1/16 inch. a. Contractor must perform aeration during the month of March every year. b. Conractor must plug with 1/2-inch diameter 6-inch long hollow tines. Remove debris from the greens after plugging. Backfill the empty holes with pure washed sand sieve #60, approximately 7 tons. c. After aeration, coordinate fertilization with the IPM contractor (separate contractor) and immediately finish by watering. RFP f4aty1 Council Landscape MaintenanUSU,"O 1 �1 CPQP7 135 SECTION XXI CENTENNIAL PARK A. Centennial Park: The Contractor shall clean and maintain the following areas of Centennial Park: 1. The parking lot south of Rancho Santiago College is a part of the agreement site. 2. The unimproved planting area east of Rancho Santiago College is a part of the agreement site. 3. The irrigated area outside of Dan Young Soccer Complex to the west is a part of the agreement site. 4. The Contractor shall pressure wash off daily from pedestrian hardscape areas bird droppings. SECTION XXII VACANTLOTS A. Vacant Lots The Contractor shall perform daily blowing -off, trash and debris removal, including managing weeds. 1. loth and Flower 2. 1st and Mountain View 3. Bristol and Tolliver 4. Bristol and Myrtle RFP �GatyH Council Landscape Maintenanl5S-er"7 1 /1 $QD-24f 135 SECTION XXIII SANTA ANA STADIUM A. Santa Ana Stadium The historic Santa Ana Stadium is a premier youth football and soccer venue. In addition to the standard Grounds -Landscape Specification, the following special maintenance shall be performed: All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown and/or swept clean daily, seven (7) days per week. 2. All parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean once per week, on Thursdays. Trash shall be picked daily. 3. All site amenities, including but not limited to, signage, player benches, hand railing, public telephones, etc., shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product on Friday of each week. 4. All grandstand bleachers shall be inspected continuously and wiped clean as stains and dirt appear. 5. All turf in the Stadium area is considered priority turf. 6. All surfaces within the Stadium (including tunnels, bleacher areas, all walkways, seats) shall be high pressure washed quarterly (the third Monday of July, October, January, and April) to remove stains, gum, candy, dirt, etc. See pressure washing scope. 7. The contractor shall be able to provide additional staff for special events, before and after, at the stadium to handle the additional trash and debris.These special event services shall be billed per event. RFP f4aty1 Council Landscape MaintenanUSUr"$ 1 / 1 CPQ020of 135 SECTION XXIV SANTA ANA ZOO A. Santa Ana Zoo (Zoo) The Santa Ana Zoo was established in 1952 and is a 20 acre zoological park and botanical garden. Due to the sensitivity of the animals at the zoo and unique plantings, there are some variances from the standard Grounds -Landscape Specification. The following special maintenance shall be performed for the Zoo site only. 1. The Contractor shall use electric -powered equipment in the course of providing service at the Zoo. Gas powered equipment is not allowed unless approval is granted by the CR. 2. All turf at the Zoo is considered casual turf. Casual turf at the Zoo shall be mowed using a Mean Green Mowers EVO or equivalent commercial electric mower as approved by the CR. 3. The interior courtyard adjacent to the cafe and playground sees the highest use levels of all turf areas at the facility. This location should be overseeded and renovated as needed throughout the year to maintain consistent turf quality, aesthetics, and provide the highest amount of usability for visitors. This should be coordinated with the CR for the Zoo. 4. Tree Edging No -Mow Turf - Trees maintained with natural no -mow lawns (i.e. Carex sp.) shall not have shovel cuts around trees. 5. All mulch at the Zoo shall be 2" minus composted mulch applied to a 2" thickness unless approved by the CR. Mulch shall not cover root flare of trees and the base of shrubs leading to plant health issues. 6. To lessen the impact on daily Zoo operations and provide the best well-being for the animals, tree pruning specifications include trees up to 30' height with DBH less than 18". This is restricted to the interior of the Zoo and immediately adjacent to animal habitats. This specification allows for ornamental pruning of small and moderate sized trees to occur throughout the year along with routine landscape maintenance services. This has the effect of spreading out the burden on the facility and drastically reduces the amount of time areas need to be closed off to the public. Large trees and trees outside the public areas are not included. Please see attached diagram for a map. 7. An ISA TRAQ Certified Hazardous Tree Professional shall evaluate all Zoo trees and provide a written report using the Arbor Access Tree Management Software program (or an approved equal) one time only within six months of the start of the contract. 8. Tree Establishment — "Treegator" Slow Release Watering Bags or similar shall be provided for newly planted trees as determined by the CR, Gator Bags shall be filled weekly for the first two growing seasons. 9. California Natives and Drought Tolerant Shrubs - Selectively prune and trim all native plants during appropriate seasons to ensure pedestrian paths, walkways and sidewalks are not impeded or as necessary based on best horticultural practices. (i.e. Romneya coulteri pruned to 6" in late summer or fall, Salvia clevelandii pruned in fall, Zauschenria sp. established plants cut back hard in winter after flowering. 10. Bamboo - Dead, old, small, leaning or misshapen culms shall be removed annually. Cuts shall be made as close to the ground as possible and straight across so there RFP f4aty1 CoundI Landscape MaintenanUSU,"9 1 /1 CPQ07"Af 135 are no dangerous, sharp points sticking out of the ground. Care shall be taken to avoid damaging newly emerging culms. The CR will provide additional direction on which clumps may be topped to increase the screening effect or "legged -up" for aesthetics. Giant timber bamboo shall be maintained with a minimum of 12" distance from building foundations. 11. Epiphytic Specimen Plants - Epiphytic plants (Platycerium sp., Bromeliads, Anthurium sp., Tillandsia sp., Laelia sp., etc.) require special attention and may not have dedicated irrigation systems. These specimen plants shall be hand -watered at varying intervals depending on the time of the year based on horticultural requirements. Platycerium shall be fully drenched including the fronds. 12. Ornamental Grasses - All Cortaderia selloana (pampas grass) specimens smaller than four feet in diameter shall be removed immediately and disposed to control invasiveness. Warm -season grasses shall be cut to the ground in fall or winter consistent with best horticultural practices. Ornamental grasses shall be cut within 6" with a flat top and not mounded. Large clumps (5+ seasons) only exhibiting growth around the edges of the clump shall be dug up, divided, and replanted. Thysanolaena maxima specimens shall be minimally pruned to maintain form and tidiness. 13. Animal Enclosures& Animal and Human Safety - The Contractor's workers must not enter animal enclosures without prior approval from the Zoo Manager or their representative. Workers must not touch or feed any of the Zoo's animals. In the event of an escaped dangerous animal, the workers will be asked to stop work immediately and evacuate the zoo. Annually, the Contractor shall provide their employees working in and around animal exhibits with basic training on zoonotic disease prevention and common-sense sanitary measures. The Contractor shall meet with the Zoo Director or their representative for relevant information before commencing work. 14. Gutter Maintenance - The Contractor shall pay attention to clearance of gutters within the Children's Zoo area to prevent blockage and the growth of weeds. 15. Zoo Closure Days - The Zoo is closed to the public on Thanksgiving Day, Christmas Day (December 25), and New Year's Day (January 1). The Zoo is open all other holidays. The Zoo may be closed to the public during severe inclement weather. Closure days are subject to change by the CR. 16. Rock Mulch Groundcover - Cactus and succulent beds are to be mulched with Dos Rios Pebbles 3/8" by Southwest Boulder and Stone or equivalent type to match existing as approved by DR. Pebble mulch shall be maintained at a 1" depth and kept off adjacent walkways. 17. General Maintenance, Daily Maintenance - All trash and debris (branches, glass, metal, paper, etc.) on the ground or in trash receptacles shall be removed from all worksites, landscaped and paved areas each day Monday through Sunday before 10:00 a.m., when the Zoo opens to the public. All organic debris (twigs, leaves, fruit, sand, gravel, rock, wood chips) on the pathways shall be removed from paved areas each Monday and Friday before 10:00 a.m., when the Zoo opens to the public. DG pathways shall be maintained through limited blowing and raking to reduce particulate pollution and dust in animal habitats. 18. Washing Landscape Material - To maintain plant health and aesthetics, plant material shall be washed down on a regular basis to remove any accumulated dust and cobwebs. RFP f4aty1 Council Landscape MaintenanUSUre509 1 /1 CPQP?bf 135 19. Inspection of Perimeter Fence — Daily, the Contractor shall inspect the integrity of the chain link perimeter fence for breaches and advise the Zoo Director or CR of issues. 20. Trimming and Weed Removal within Exhibits — a. Quarterly, the Contractor shall blow -off leaf litter accumulating on animal exhibit roofs, netting, cages, etc. including, but not limited to, Colors of the Amazon Bird Aviary. b. Monthly, the Contractor shall inspect plant material in the animal exhibits for damage to the netting and trim plants pushing through animal exhibit roofs, netting, cages, etc. to prevent damage. c. Contractor shall perform weed removal in the Anteater and Amazon's Edge exhibits. 21. Pressure Washing - The Contractor shall perform weekly and as necessary pressure washing of paved areas, site furniture, drinking fountains, etc. in the cafe eating area. 22. Resetting Seating — The Contractor shall, Monday through Sunday, before 10:00 am each morning, reset all tables and chairs in the Zoo. 23. Blowing -Off Exhibits — The Contractor shall blow-off/clean animal exhibit roofs, netting, cages, etc. on a routine basis. Prior to performance, the Contractor shall coordinate with the CR. 24. Storm Drain Maintenance — The Contractor shall continuously maintain the Zoo's storm/area drains, including the filter fiber by keeping them clean and free of debris. The Contractor shall change the storm/area drains filter fiber, which shall be provided by the Zoo, as necessary. 25. Weekly Meeting — The contractor shall plan to have a standing weekly meeting with the CR and involve the IPM representative in the meeting. 26. All IPM and Agricultural pest control services at the Zoo only shall be performed under a separate agreement by a state licensed/certified agricultural pest control QAL licensed company. RFP f4aty1 Council Landscape MaintenanUSUr,501 �� CPQ07 f 135 APPENDIX I TERMINOLOGY A. Interpretation / Terminology The following terms are for convenience and reference only and are not intended to define or limit the scope of any provision hereof. The following words shall be construed to have the following meanings, unless otherwise apparent from the context in which they are used: 1. As Needed: To maintain the grounds in a clean appearance as determined by the City. The intent is to permit the City to receive services beyond the scheduled frequencies on an occasional basis. Should a service be needed on a consistent basis the City shall amend the Contract with Contractor subject to approval by the City Council. 2. Additional Cleaning (or Operation): The completion of all maintenance tasks, in whole or in part, to ensure that the specified conditions resulting from the "Initial Cleaning" or "Initial Operation" sustained or retained. 3. Appurtenances: Objects or features, which are component parts of the areas to be maintained. Appurtenances include, but are not limited to: seat walls, bollards, valve boxes, bike racks, fences, walls, monument pedestals, decorative features, benches, picnic tables, light standards/flag poles, handrails, electrical panels and transformer enclosures, and signage. 4. Sport/Priority Turf: Grass surfaces are maintained for the goal of primarily providing a smooth, safe playing surface for sports. 5. Automated Irrigation System: Valves, sprinklers, etc., that are operated using a controller which functions electrically, hydraulically, or thermally. 6. Biopesticide: Certain types of pesticides are derived from such natural materials as animals, plants, bacteria, and certain minerals. 7. BMP: Best Management Practices are identified by individual industry and must be incorporated into the operational management of the Contract. 8. Centrally Operated Irrigation System: Sprinklers, valves, etc., are turned on remotely from centralized software. 9. Confined Area: An area of turf bordered on three (3) or more sides by shrub beds, planters, hardscapes, walls, fences, play areas, decomposed granite areas, or other like borders. 10. Contiguous Hardscape: Hardscape medians that are on the same street as the landscaped medians and continue through to the next major intersection. 11. CR: City Representative. 12. EIC: Employee in Charge. 13. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate assistance or relief. 14. AEW: Authorized Extra Work not in the contract to be approved by CR before City Council 15 — 502 1/16/2024 starting or completing. AEW's will state the hourly rate of each laborer and trade to make the repairs, sample sheet attached. However, in case of a callback for workmanship failures approved through the AEW, the city will deduct a similar rate to make the corrections via a failure to perform (FTP). 15. ET: Evapotranspiration, or the water lost from a plant system due to evaporation from soil or transpiration of water through the plant. 16. Casual Turf: All grass locations which are primarily used for leisure activities and not used for sports. Not sports or priority 17. Green Waste: Any waste from vegetation, including but not limited to: tree trimmings, grass cuttings, dead plants, leaves, branches, wood and dead trees, and similar materials naturally occurring within the subject areas, or generated as a result of services provided by Contractor. "Clean Green Waste" shall not contain more than 10% contaminants. 18. Hardscape (or Hardscapes, Hardscape Areas): Sidewalks, walkways, patios, quads, game courts, bike paths, paved areas, and like surfaces. 19. Hazard: Anything likely to cause a person or animal harm. 20. Homeless imprint: An area defined by belongings, including personal items such as tents, carts, tarps, blankets, furniture, and food, which appears to be a settled area. 21. Initial Cleaning (or Operation): The first cleaning or first maintenance operation of several scheduled for a given day. 22. Interior Roads: Roads that are contained within the boundaries of a given area. 23. Litter: All paper, plastic, cans, bottles, or other material discarded in or on any location within the Contract area other than in a trash container provided for that purpose. 24. Non -emergency: An unplanned service requirement that needs additional attention in a prescribed period. 25. Pesticide: Products that prevent, destroy, repel, or mitigate a pest, or which are plant regulators, defoliants, desiccants, or nitrogen stabilizers. A registered chemical is identified using an EPA and/or Cal Registration Number, or both. 26. Recyclable Material: Plastic, glass, or aluminum materials have economic value when separated from trash. 27. Repair or Replace: Equipment or property shall be repaired or replaced as determined by the City with like kind and quality. The intent is to maintain the equipment or property in good condition and consistent with the current model brand or manufacturer. 28. ROC: Rail Operations Center. 29. ROW: Right-of-way. 30. SDS: Safety Data Sheet 31. Spot Cleaning: The cleaning of only those portions of a floor, walkway, wall, fixture, table, furnishing, handrail, bench, or other surface(s) which are soiled (dirty, stained, marked, smudged, etc.), where the entire surface may not be sufficiently soiled to warrant cleaning the entire surface. The contractor shall City Council 15 — 503 1/16/2024 interpret the term "spot cleaning" to include the complete cleaning/washing of any surface which does not or would not, have a clean, uniform appearance after the cleaning of only portions of that surface. 32. Street Sidewalks (or External Sidewalks): Sidewalks or paved walkways that parallel streets, and which may exist on the perimeter of or adjacent to the areas to be maintained. 33. Trash: All litter, garbage, refuse, rubbish, dead fish and birds, human or animal feces and other materials and substances discarded or rejected as being spent, useless, worthless, or waste. 34. Pressure Washing: Power washing with the use of high-pressure hot water spray to remove dirt, stains, oil, tar, and residue to present a high -quality appearance following each visit. 35. Failure to Perform (FTP): Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. 36. Compost: The product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). The eligibility requirements for meeting the Annual Recovered Organic Waste Product Procurement Target require that the Compost must either be i) produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7; or ii) produced at a large volume in -vessel digestion facility that composts on -site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State's composting operations regulatory requirements. 37. Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 38. Recovered Organic Waste Products: Products made from California, landfill - diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in -vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 39. SB 1383: Senate Bill 1383 of 2016, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 40. SB 1383 Eligible Mulch: Mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7, and which meets the conditions as specified by 14 CCR Section City Council 15 — 504 1/16/2024 18993.1(f)(4) for the duration of the applicable procurement compliance year. FOR PROPOSERS' REFERENCE ONLY City Council 15 — 505 1/16/2024 APPENDIX II ADDITIONAL TERMS AND CONDITIONS City Council 15 — 506 1/16/2024 TABLE OF CONTENTS SECTION 1. CONTRACT REQUIREMENTS 1.1 Independent Contractor 1.2 Contract Transition 1.2.1 Transition In 1.2.2 Transition Out 1.3 Hours and Days of Maintenance Services 1.3.1 Scheduling of Operations 1.3.2 Service Schedules 1.4 Non -Interference 1.5 Consumable Materials and Supplies — Contractor -Supplied 1.6 Consumable Materials and Supplies — City -Supplied 2. RESPONSIBILITIES OF THE CONTRACTOR 2.1 Inquiries and Complaints 2.2 Safety 2.3 Vehicles and Equipment 2.4 Locks and Keys 2.5 Service Yard and Storage Area(s) 2.6 Utilities 2.7 Traffic Control 2.8 Bloodborne Pathogens and Biohazardous Material 2.9 Accident Reporting and Site Securing 2.10 Vandalism 2.11 Cooperation / Collateral Work 2.12 Protection of Existing Facilities and Structures City Council 15 — 507 1/16/2024 2.13 Protection of Property During Inclement Weather (Emergency Response) 2.14 Emergency Numbers and Emergency Call -Outs 2.15 Contractor's Staff 2.16 Work and Workmanship 2.17 Supervision and Special Skills 2.18 Management and Enforcement 2.19 Contact with Minors 3. EXECUTION OF WORK 3.1 Subcontracting 3.2 Contractor Hiring 3.3 Notice Requirements 3.4 Default by Contractor / Termination 3.5 Temporary Suspension of Work 3.6 Damage Caused by Contractor 3.7 Non -Emergency Call -Outs 3.8 Work Not Included 3.9 Signs / Improvements 4. ENVIRONMENTAL REQUIREMENTS 4.1 Environmental Requirements 4.2 Refuse Disposal 4.3 Hazardous Materials 4.4 Sound / Noise Control Requirements 5. CHANGES TO THE CONTRACT 5.1 City's Right to do Work 5.2 Changes in Service City Council 15 — 508 1/16/2024 5.2.1 Special Events 5.2.2 Construction Activity and Maintenance Functions 5.3 Special Requests 5.3.1 Soil and Plant Testing 6. CONTRACT ENFORCEMENT AND EVALUATION 6.1 Contract Enforcement 6.2 Performance Evaluation City Council 15 — 509 1/16/2024 SECTION 1 CONTRACT REQUIREMENTS 2.1 Independent Contractor The Contract between City and Contractor is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Contractor. The contractor understands and agrees that all persons furnishing services to the City under this Contract are, for purposes of Workers' Compensation Liability, employees solely of the Contractor and not of the City. The contractor shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services provided to the City hereunder. 2.2 Contract Transition 2.2.1 Transition In Contractor shall provide a written statement of their transition plan to include potential personnel who will be on the transition team and their roles, subject to City approval. Also included shall be sample timelines illustrating when the Contractor will be fully in place and performing all tasks. The anticipated transition period will be three (3) months. A contract start-up period of three (3) months shall commence from the first day of the agreement period. The Contractor shall perform the following tasks during this period: 1) shovel -cut all tree rings; 2) raise all trees; and, 3) mulch all areas; 4) irrigation audits; 5) pressure washing appurtenances; 6) and repair DG paths. The Contractor acknowledges that each site's irrigation rotors/heads and lateral irrigation lines may have deficiencies. The City agrees to pay the Contractor for the initial repair of each site's rotors/heads and lateral irrigation lines. Following the initial agreement for start-up repairs, the Contractor shall assume responsibility for future repairs (see Appendix D 2.4 herein). 2.2.2 Transition Out Contractor shall work in good faith with the City to transition out of the service, should a new Contractor be selected. The storage areas used by the Contractor shall be left in an orderly manner. All materials and equipment owned by the Contractor shall be removed from storage areas in a timely manner. Upon Contract completion, all keys, cards and remote controls given to Contractor shall be returned to the City's designed City Representative (CR) with a final walk- through with the Contractor and the CR. 2.3 Hours and Days of Maintenance Services 2.3.1 Scheduling of Operations a. Normal work hours are from 6:00 a.m. to 6 p.m., Monday through Sunday, unless City Council 15 — 510 1/16/2024 otherwise specified. The contractor shall perform work at such times as to minimize disturbance or interference to the residence and pedestrian or vehicle circulation (e.g., early morning mowing or irrigation checks, etc.) No routine mowing or pruning shall occur on Saturday or Sunday unless pre -approved by the CR(s). Only those tasks related to cleaning or trash shall become routine on Saturdays and Sundays. b. The contractor shall perform work following the pre -approved schedules during City business or non -business hours, depending on the needs of the facility where work is performed. C. Changes in the schedule by the City may be made with five (5) business days advance written or verbal notice to the Contractor. d. The contractor must notify the CR(s) of any problems or service interruptions within twenty-four (24) hours or the next business day. Unavoidable service disruptions may be completed at a later date at the discretion of the CR(s). e. Costs associated with services that cannot be made up shall be subject to action provided for herein, at a penalty of $300 per site per item per day not corrected or the cost to have an outside contractor perform the service. f. Repeated service interruptions without justification or approval of the CR(s) shall be subject to action provided for herein. g. The contractor shall provide adequate staffing to perform the required services during the prescribed times. h. Any changes in the days and hours of service heretofore prescribed shall be subject to approval by the CR(s). The contractor shall be available for on -call services twenty-four (24) hours a day. Non -emergency on -call requests shall be responded to within four (4) hours of notification by the City representative or as mutually scheduled and agreed to by Contractor and City representative. k. The contractor shall respond to all requests for on -call emergencies within one (1) hour of notification by the City representative. (Explained further in Section 3.14) On -call service rates shall be based on Contractor's hourly rate as quoted in Appendix E for such work. m. Certain maintenance tasks may have time restrictions or extended time requirements. The contractor must observe and respond to these restrictions and requirements. n. The contractor shall adjust schedules to meet the Specifications and compensate for all City observed holidays. 2.3.2 Service Schedules City Council 15 — 511 1/16/2024 a. The contractor shall, within 30 calendar days of the effective date of the Contract, submit all work schedules to the CR(s) for review and approval. Said work schedules shall be based on a twelve-month calendar and be in a format approved by the City. b. Any other activities that the Contractor performs on a regular or semi -regular basis, as determined by the City, will require a schedule to be submitted upon request by the City. c. The contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the CR(s) for review and if appropriate, approval within five (5) working days before the scheduled time for the work. d. At the discretion of the City, monthly meetings (or at an increased frequency if deemed necessary by the City) between the Contractor and the CR(s) may be scheduled to determine progress and address any changes in schedules, problem areas, etc. e. Changes or variations in scheduling may be necessitated by City special events, recreation classes, reservations, etc. The contractor shall adapt any or all schedules to the City's requests. 2.4 Non -Interference The Contractor shall not interfere with the public use of the sites and shall conduct its operations as to offer the least possible obstruction and inconvenience to City employees and the public or disruption to the peace and quiet of the area within which the services are performed. In the event of recreation programming issues, special events, etc., the Contractor may be required to alter the schedule to avoid interfering and may be required to return at a later time to meet the task and frequency. 2.5 Consumable Materials and Supplies — Contractor -Supplied The contractor, as a component of the cost proposal, shall provide all of the following items: a. Trash can liners (except at the zoo facility) b. Cleaning agents, spotting agents, polishes C. Disinfecting cleaning agents d. Cleaning -related supplies e. Chemicals (as specified) f. Pest/weed control chemicals (as specified) g. Annual plant materials or any plants that die due to delayed irrigation repairs h. Mulch/topdressing per the contract specifications City Council 15 — 512 1/16/2024 Brick dust Grass seed (as specified) k. Fertilizer (as specified) Tree stakes and ties m. Dog bags for Doggie Dispenser No additional payment will be made for these materials. All Contractor provided chemicals, cleaning agents, and materials are subject to review and approval by the City. 2.6 Consumable Materials and Supplies — City -Supplied The City will supply, at no cost to the Contractor, the following items: a. All replacement plant material (not including annuals), except those damaged by the Contractor. b. Irrigation replacement parts (as specified) c. Trash cans d. Playground sand and bark e. Signs — water conservation for medians, water audit, field renovation f. City will be provide DG as needed per the specifications. g. Trash can liners (at the Zoo facility only) The contractor shall request these materials from the CR(s), and shall ensure proper and secure storage of these materials in an area specified by the CR(s). The contractor shall also ensure proper distribution and monitoring of these materials/supplies to prevent waste, theft, or other abuse. The contractor shall provide a log specifying where and when supplies have been used, and this log shall be made immediately available to the City upon request. City Council 15 — 513 1/16/2024 SECTION 2 RESPONSIBILITIES OF THE CONTRACTOR 3.1 Inquiries and Complaints 3.1.1 The contractor shall maintain a telephone at their faciIities, listed in the telephone directory in its name or in the firm name by which it is most commonly known. At this location, during the daily hours of maintenance operation, the Contractor shall have some responsible person(s), who is proficient in English, employed to take the necessary action regarding all inquiries and complaints that may be received from the City. An answering service shall be considered an acceptable substitute to full-time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. 3.1.2 During regular working hours, the Contractor's Foreman, or an employee responsible for providing maintenance services, shall be available for notification and able to respond through electronic communications within 30 minutes. 3.1.3 During regular days and hours of operation, whenever immediate action is required to prevent impending injury, death or property damage, the City may, after a reasonable attempt to notify the Contractor, cause such action to be taken by the City workforce and charge the cost thereof as determined by the City to Contractor or may deduct such cost from an amount due to Contractor from the City. 3.1.4 The Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken thereto or the reason for non -action. The complaints log shall be open to inspection by the City at all reasonable times. The City will maintain work order and email files. 3.1.5 All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or the Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payments owing to the Contractor from the City. Such cost shall include all City staff time required to resolve the problem and appropriate overhead charges. 3.2 Safety 3.2.1 Contractor shall provide a safe workplace and comply with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) laws and regulations and any other applicable law, rule, regulation, ordinance and risk management standards. The contractor shall inspect all potential hazards at said facilities and keep a log indicating date inspected and action taken. All City Council 15 — 514 1/16/2024 hazardous substances shall be listed per site, and Safety Data Sheets (SDSs) available at all times. 3.2.2 The Contractor shall be responsible for inspecting, identifying, and securing any condition(s) that renders any portion of a site unsafe and any unsafe practices occurring thereon. The CR(s) shall be notified immediately of any unsafe or undesirable condition(s) via email, phone, or instant messaging ensuring that it was received. This includes, but is not limited, to the following: a. Damaged/inoperable fixtures, hose bibs, or irrigation components b. Running water, irrigation breaks, weeping valves, etc. C. Evidence of arson, vandalism, or other crimes d. Damaged signs or drinking fountains e. Damaged benches or tables f. Graffiti g. Hypodermic needles or condoms h. Large amounts of blood or feces Hazardous or suspicious materials/items Insect, rodent, or bird infestations k. Homeless persons or their possessions Items lost by patrons m. Poor turf conditions (i.e., holes, tripping hazards, uneven surfaces, gopher holes) n. Damaged fencing (i.e., holes, loose posts, missing fasteners) o. Standing water, saturated turf, dry spots p. Lake conditions including dead or sick wildlife, water quality issues q. Downed tree limbs r. Unsafe walkways S. Unstable trees t. Improperly supported trees (i.e. stakes, trees) u. Other hazards, as applicable 3.2.3 The contractor shall be responsible for making minor corrections including, but not limited to: using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor -damaged valve box covers, and securing any damaged apparatus to protect members of the public or others from injury. 3.2.4 If needed, the Contractor shall assist the public by summoning emergency assistance at the site. The contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, beginning with immediate notification, and then a complete written report of the nature of the issue to the City within five (5) days following the City Council 15 — 515 1/16/2024 occurrence. 3.2.5 The contractor shall also ensure that: a. Vehicles, equipment, and hand or power tools are not left unattended or laying on walkways, grounds, or appurtenances where patrons may be put in jeopardy. b. Operator and machine safety equipment shall be in place and operational. C. Machine speed and operational characteristics shall match manufacturer's recommendations. d. Transport and operation speeds shall be within the maximum limits established for the site. e. After the protection of public safety, the preservation of site equipment, appurtenances, infrastructure, and public activities shall be paramount. f. Debris from operations shall not be allowed to compound existing conditions on hard surfaces and public access areas. All debris deposited on these areas as a result of the Contractor's work shall be cleared from hard surfaces and public access areas before leaving the site that day. g. The contractor shall remedy hazardous materials on site which result from Contractor's work and shall properly dispose of the materials off -site. The contractor shall notify all appropriate agencies. h. Malfunctioning equipment shall only be left on site with barricading, tagging, and reasonably supervising it until repairs are affected. In no case shall the equipment be left on site overnight. During all operations, the Contractor shall be subject to local ordinances regarding noise levels (see NOISE in Santa Ana Municipal Code). Any scheduling of the Contractor's operations may be modified by the City at no additional compensation to the Contractor to ensure that the public is not unduly impacted by the noise of equipment or operations. Fuels and additives shall not be left exposed or accessible to patrons. k. Fueling and repair operations shall be performed off of turf areas and away from patron activity. All pesticides shall be handled appropriately and safely. 3.3 Vehicles and Equipment 3.3.1 The contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. 3.3.2 The contractor shall immediately repair or replace all equipment deemed by the CR(s) to be unsafe, irreparable, or in unsatisfactory condition. 3.3.3 The contractor shall provide and properly maintain all necessary vehicles and equipment including, but not limited to: vehicles, mowers, edgers, saws, blowers, water hoses and City Council 15 — 516 1/16/2024 nozzles, squeegees, and high-pressure/low-volume sprayers. 3.3.4 All vehicles shall display Contractor's name with an approved City service statement visible, such as: X.Y.Z. Contracting, Inc. Serving the City of Santa Ana A prototype of the magnetic placard shall be submitted to the City for approval within 30 days of the award of the Contract, with the placement of the placards on all vehicles operating within the City limits to take place within 60 days following the recognition of the Contract. 3.3.5 All equipment shall receive scheduled preventive maintenance to promote equipment reliability and ensure optimum performance at all times. 3.3.6 All equipment is subject to CR's approval. 3.3.7 Equipment failures that happen more than three (3) times in one (1) month will be subject to deductions and a directive to replace the unreliable piece of equipment. 3.3.8 In preparing the proposal, the Contractor shall consider the following conditions pertaining to the vehicles and equipment utilized in the completion of the specified maintenance tasks: a. The City Council of Santa Ana is considering banning all fuel -powered (e.g., gasoline, methanol) leaf blowers. The contractor will not receive additional compensation should such a ban be implemented before or after the award of the Contract. b. Mowers utilized for the hybrid Bermuda athletic turf must be dedicated solely to that hybrid Bermuda grass to prevent contamination. c. A self-contained power scrubber unit shall be required to perform washing and steam -cleaning operations. The contractor shall meet all specified criteria as outlined in Section 22.2 of the Specifications in Appendix B. All wastewater recaptured by such a unit must be disposed of in a sanitary sewer approved by the City. 3.3.9 The contractor's vehicles maybe permitted to drive on turf when conditions allow following specific routes designated by the CR(s). Areas designated as "unavailable for vehicle travel," such as natural habitat areas, shall be serviced by other means. 3.3.10 The City shall provide, if possible, a storage area(s) at those sites that are not immediately accessible to Contractor's vehicles. (If a storage yard is unavailable the contractor shall have a storage facility close to the City of Santa Ana to impact the maintenance). 3.3.11 Larger vehicles may be allowed in the performance of non -regular maintenance tasks, with the approval of the City. 3.4 Locks and Keys 3.4.1 Access to City facilities shall be in accordance with instructions, keys, and/or security cards issued or provided by the CR(s). Access may include special instructions about security systems installed at facilities. The contractor shall take all reasonable precautions to ensure that the security of the facilities and internal equipment, furnishings, and other items are always maintained. 3.4.2 The City may develop an initial chain and lock system with a specific number of City Council 15 — 517 1/16/2024 replacement locks for trash containers, restrooms, gates, valve/pump cover boxes, and controllers. The contractor shall be responsible for purchasing similar locks upon the loss of any City -owned locks initially provided to the Contractor. The City shall exchange, one - for -one, locks that have been vandalized or are inoperable. 3.4.3 Contractor may provide a chain and lock system, at Contractor's expense, for trash containers located throughout the site to secure and limit the removal or tipping of the containers. 3.4.4 The Contractor shall be responsible for the series of keys assigned to it and assign these keys to its personnel to maintain the facilities. The contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor. 3.4.5 Contractor shall report all lost or stolen keys to the City representative(s) within twenty- four (24) hours of discovering the loss. The contractor shall reimburse the City for the total cost of re -keying the facility or duplicating additional keys, as determined by the City. 3.4.6 Upon termination or cancellation of the Contract, Contractor shall immediately return all keys, cards, remote controls, etc., to the City. 3.4.7 California law stipulates that it is unlawful for a person to duplicate any keys without the owner's permission. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both. 3.5 Service Yard and Storage Area(s) 3.5.1 The City, at its discretion, may provide storage and office facilities for Contractor's use. In such cases, the Contractor is prohibited from using said facilities to conduct any of its business outside the scope of the Contract. Further, said facility shall not be used for human habitation, other than a night watchman or patrol service as specifically approved by the City. 3.5.2 CR(s) shall identify and authorize Contractor to use a designated area, if available, exclusively or shared with City, for onsite storage as needed. If the designated area is shared with the City, Contractor shall identify equipment, materials, and supplies belonging to Contractor. If the City provides an area, the Contractor is responsible for securing and providing the CR access. The contractor shall safely store all supplies and compliance with all laws and regulations. 3.5.2.1 The contractor may not store any trash, litter, or recyclable material at the facility or in any vehicle for a period of over 24 hours. Notwithstanding the foregoing, the Contractor must conduct all operations at the facility in compliance with all applicable laws and regulations so as not to create a nuisance. 3.5.2.2 The contractor shall not "stockpile" hazardous materials in any quantities at the facility and shall not maintain any amount of such material at the facility greater than that which Contractor plans to use within the following 30 days. Notwithstanding the foregoing, the Contractor shall sometimes store all hazardous materials in compliance with all applicable state and federal laws and regulations. City Council 15 — 518 1/16/2024 3.5.2.3 The contractor shall not dispose of hazardous material on the site. All such hazardous materials collected on the site shall be appropriately stored temporarily, after that to be disposed of by Contractor at an approved disposal site, per California statutes. 3.5.3 Contractor, at its own risk, may store equipment and materials required for maintenance in said facility, providing the City has agreed to provide such facility. However, the Contractor must always use safety standards and handling procedures as applied to such equipment and materials. This contract assumes minimal facilities for the Contractors' vehicles and equipment. 3.5.3.1 City shall not be liable for damage or loss to Contractor's equipment, materials, and/or personal property. The contractor shall hold City harmless and waive any claims for damage for loss of use of any equipment, materials and/or property that may occur at City facilities. 3.5.4 Contractor shall maintain the service yard and/or storage area(s) in a clean, weed -free, well -organized manner in keeping with the highly visible nature of the surrounding area. Failure to do so may result in the Contractor's loss of the use of the storage area(s). 3.5.4.1 The service yard and/or storage area(s) occupied by Contractor shall be cleaned and swept once per week and the sweepings disposed of in a lawful manner. 3.5.4.2 Contractor shall remove all undesirable material including, but not limited to, trash, accumulated debris, and equipment that is no longer usable for the purpose it was intended for, from the service yard and/or storage area(s). 3.5.5 The City may inspect service yard and/or storage area(s) for compliance anytime at City's discretion. 3.5.6 Upon expiration or termination of Contract, Contractor shall restore service yard and/or storage area(s) to its original condition. Nothing contained herein which permits Contractor to use designated space shall be deemed or construed as a lease of space, but shall be a mere right to use. 3.6 Utilities The City shall pay for the installation and use of all utilities at these sites, with the exception of the Contractor's telephone hookup and service. 3.7 Traffic Control 3.7.1 When working in road rights -of -way, Contractor shall comply with all procedures and requirements specified in the State of California (CALTRANS) Manual of Traffic Controls for Construction and Maintenance Work Zones and within the confines of applicable OSHA requirements. 3.7.2 Contractor shall cooperate with the Santa Ana Police Department (SAPD) relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles. If required, the contractor shall obtain an encroachment permit for any partial or complete lane closure. All work that requires traffic City Council 15 — 519 1/16/2024 controls will need to comply with the current WATCH manual. 3.7.3 When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases, yield to public traffic. 3.7.4 Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area (State of California Traffic Manual or WATCH Book). Lighted signs or arrow boards are required as needed. 3.8 Bloodborne Pathogens and Biohazardous Material The contractor's staff shall be aware of potential exposure to bloodborne pathogens through hypodermic needles, blood and feces, and shall wear personal protective equipment. Contractor shall treat hypodermic needles, large quantities of feces, and any rags, paper towels, or other materials containing blood as biohazardous material. Only individuals trained in the removal and disposal of such material shall do so. Contractor shall immediately notify the appropriate authority upon the discovery of such occurrences. Contractor shall secure the affected site until such time that the appropriate authority can respond. See California statutes and guidelines for process. 3.9 Accident Reporting and Site Securing Contractor shall immediately notify the designated CR(s) of any accident, regardless of whether or not injury or damage is evident, involving park patrons, City staff and equipment, and Contractor's staff, vehicles, and/or equipment shall secure the site until rendered safe. Contractor shall provide all written reports and/or documentation requested by the City. M[iM��153M 17, The contractor shall report any damage to City property, including but not limited to vandalism, Acts of God, and third -party negligence to the CR. Via email, phone call, or message as determined by CR. 3.11 Cooperation / Collateral Work The City and other contractors will conduct on -going activities and operations during Contractor's work. These activities will include but are not limited to landscape refurbishment, irrigation system modification or repair, construction and storm -related operations. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by the Contractor as a result of the City's work. Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the CR(s) to cooperate. 3.12 Protection of Existina Facilities and Structures The contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities, both above surface and underground, on the City's property. 3.12.1 Any damage to City property deemed to be caused by Contractor's negligence or failure City Council 15 — 520 1/16/2024 to use due care shall be corrected or paid for by Contractor at no additional cost to the City. 3.12.2 If the City requests or directs Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City. 3.13 Protection of Property During Inclement Weather (Emergency Response) During storms and periods of excessive rainfall, and in conjunction with Emergency Call -Outs (below), Contractor shall provide supervisory inspection of the work during regular working hours to prevent or minimize possible damage from such adverse weather. The prime factors in assigning work shall be the safety of the workforce and damage to landscaping. 3.13.1 Contractor shall submit a report identifying any storm damage to the CR(s) and attach a site map identifying location of damage and cost estimate to repair/replace within 48 hours. 3.13.1.1 Report shall contain photos with captions. 3.13.1.2 If remedial work is required beyond the scope of this Contract, it shall be paid for as AEW. 3.13.2 Contractor shall remove debris accumulated by high winds or other typical or non -typical environmental conditions. The contractor shall remove minor silt and debris from athletic fields, V- ditches, adjacent inverts, storm drains, etc. 3.13.3 During the periods that excessive rainfall hinders normal operations, the Contractor shall adjust its activities to perform functions such as litter and debris pick-up, remove downed limbs, clear drains and other duties as deemed necessary by the CR(s). 3.13.3.1 During periods of excessive rainfall, the Contractor shall keep all area drains and draining facilities clear and operating and remove water from all tot- lot areas, if directed. 3.13.4 Failure to adjust the workforce to show satisfactory progress, as determined by Contractor and CR(s) jointly, on the work may result in a deduction of payments. 3.14 Emergency Numbers and Emergency Call -Outs 3.14.1 Contractor shall supply the City with name(s) and phone number(s) of person(s) representing the Contractor for 24-hour emergency response, seven (7) days per week. 3.14.1.1 The City will, in turn, provide Contractor its emergency contact information so that in the event Contractor must contact the CR(s), this information can be utilized. 3.14.2 Contractor shall have the capability to receive and to immediately respond to calls of an emergency nature during normal working hours and during hours outside of normal working hours (See Section 2.3.1.k). Contractor shall be available via voicemail, text, phone, or answering service. The aforementioned information shall remain current at all City Council 15 — 521 1/16/2024 times. 3.14.2.1 Contractor shall respond by phone within 30 minutes of a call from the CR(s), and shall be on site within 30 minutes of the call back. Any changes to contact information shall be forwarded to the City in writing within 12 hours of any such change. 3.14.2.2 In situations involving emergencies after normal work hours, Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour. 3.14.2.3 Calls of an emergency nature received by the City shall be referred to Contractor for immediate disposition. 3.14.3 If emergency work is required, the Contractor shall notify the CR(s) by telephone before any emergency work is commenced. 3.14.4 Contractor's vehicle shall carry sufficient equipment to control traffic (barricades, delineators, cones, etc.). 3.14.5 When the Contractor arrives at the site, Contractor shall set up traffic warning and control devices and any other safety devices, if deemed necessary, and proceed with remedial action after contacting the CR(s). 3.14.7 Public health/safety matters requiring an emergency response include but are not limited to: any portion of the irrigation system functioning in a non -operational manner, broken water mains, stuck valves, the threat to private property resulting from Contractor's operations, fallen trees, down or hanging limbs, natural disasters, etc. 3.15 Contractor's Staff The contractor shall provide sufficient personnel to perform all work by the Specifications set forth herein and in Appendix A, B, C, and D. This is a performance -based Contract. 3.15.1 In its proposal, the Contractor shall define the minimum staffing. It is up to the Contractor to complete all tasks as defined, regardless of staffing, but they shall maintain at least the minimum staffing, as stated in their proposal, at all times. 3.15.2 In its proposal, the Contractor shall list the names of all employees, titles, hours and which location/area each employee is assigned. DIR reporting sheets will be used to verify staffing levels by area. 3.15.2.1 Each crew of Contractor's employees shall include at least one (1) individual who speaks and comprehends the English language at a professional level. 3.15.3 The City may, at any time, give Contractor notice to the effect that the conduct or action of a designated employee of Contractor is, in the reasonable belief of the City, detrimental to the interest of the City or public. Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter, and Contractor shall take reasonable measures under the circumstances to assure the City that the conduct and activities of Contractor's employee(s) will not be detrimental to the interest of the City or public. Examples of employee conduct or action that prove detrimental to the interest of the City of public include, but are not limited to: City Council 15 — 522 1/16/2024 • Unprofessional behavior • Misleading or false statements • Misrepresentation of work accomplishments • Illegal activities City Council 15 — 523 1/16/2024 3.15.4 Contract -designated staff employees shall not work on supplemental tasks (AEW) during regular work hours. If worked during regular hours, additional staff will be required, contracted work shall not experience any reduction in frequencies or quality. 3.15.5 Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and the public the name of the Contractor. The identification system shall be furnished at Contractor's expense and may include appropriate attire and name badges as specified by the City. 3.15.6 Contractor shall require each of its employees to adhere to basic standards of working attire, including full uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of clothing. 3.15.6.1 Employee pants, shirts, jackets, and sweatshirts must be uniform. Shirts, jackets, and caps used as uniforms shall bear Contractor's identification logo. 3.15.6.2 Shirts shall be worn at all times, and shall be buttoned and tucked -in. 3.15.6.3 No caps with insignias or designs other than Contractor's logo may be worn, and no caps shall be worn backwards. 3.15.6.4 The City shall approve Contractor's uniform prior to the start of the Contract. 3.15.7 The City expects Contractor's staff to turn into CR(s) all items that have been lost or misplaced by the general public, regardless of perceived value. Contractor shall communicate this expectation to all employees. All items must be returned to the Tree Farm (7600 E. Spring Street, 90815) and have an accompanying landscape area ID and date. 3.16 Work and Workmanship Contractor shall thoroughly complete each task in a professional and workmanlike manner, and shall use quality equipment and materials that comply with all current regulations to complete the scope of work at the proper standards. The safety of workers, passersby, and the public shall be paramount. Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage ground cover, sports, or turf areas. During the periods when inclement weather hinders normal operations, Contractor shall adjust its work force and schedule. Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather or other reasons. Supervision and Special Skills The contractor shall assign a supervisor for the north, south, Civic Center, and Zoo districts, as proposed in the labor summary, who will be authorized to act on behalf of the Contractor and who will work regular working hours for the duration of this Contract. He/she shall have at least five (5) years of experience in landscape maintenance supervision. The contractor, and Contractor's staff, must have horticultural expertise and a broad range of experience in plant care and maintenance, including California native and southwest -adapted plants, turf management, entomology, pest control, soils, fertilizers, plant identification, and irrigation system maintenance. The contractor's supervisor shall be capable of communicating effectively both in written and spoken English and have experience in park maintenance projects of the type found in the City of Santa Ana. All supervisors and acting supervisors shall be outfitted by Contractor with a portable personal communication device capable of transmitting and receiving phone calls from anywhere. The crew leader and/or supervisor needs to be available during working hours to meet the CR on any given issue at any service location. Should this individual change, the CR(s) must be notified in writing within five (5) days of the change. City Council 15 — 524 1/16/2024 3.17 Management and Enforcement 3.17.1 The contractor has the responsibility of providing fully trained and qualified personnel. The CR(s) at each site shall closely monitor the staff activity to detect operational irregularities and non-compliance with contractual requirements. 3.17.1.1 Enforcement is the responsibility of the Contractor, not the City. 3.17.1.2 All specifications shall be managed by the Contractor to ensure the standards are being met. 3.17.2 It is Contractor's responsibility to see that the organization oversees all activities. Furthermore, the Contractor must ensure that standards are met and do not delay, ignore, or otherwise limit its contractual obligations. 3.17.3 Before initiating any task, each site shall be inspected by a knowledgeable and responsible employee of the Contractor, who shall determine the practicality of initiating the operation. Upon the Contractor's determination of the impracticality of initiating the operation, the City shall be consulted. The City's decision shall be final. 3.18 Contact with Minors The contractor providing services at any City location shall provide the City with a list of all persons over the age of eighteen (18) who will be working at such locations. State law provides that the Contractor shall fingerprint all such persons referred to herein and shall obtain criminal history information pursuant to California Penal Code 11105 or 13100 for each individual. Prior to the award of the Contract, Contractor shall provide written verification that all persons, as referred to herein, have not been convicted of any offense involving moral turpitude, nor any offense as specified in Penal Code 11105.3 (g), nor any offense relating to the type of services to be performed as determined by the City. Contractor shall pay the costs incurred with the fingerprinting and obtaining the criminal history information. Any misrepresentations with respect to Contractor's obligations under this section or failure to comply with the requirements as stated herein shall constitute a breach of the contract thereby giving City the right to terminate the Contract immediately. Contractor shall indemnify the City for any such breach of this section. City Council 15 — 525 1/16/2024 SECTION 3 EXECUTION OF WORK 4.1 Subcontracting No performance of this Contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this Contract without said consent shall be null and void and shall constitute a default under this Contract. In the event of such a default, the City may immediately terminate this Contract. In the event the City should consent to assignment or subcontracting, each term and condition of this Contract shall extend to and be binding upon and inure to the benefit of the assigns, successors or administrators of the respective parties. In the event that the City should consent to subcontracting, the Contractor shall include in all subcontracts the following provision: "This Contract is a subcontract under the terms of a prime Contract with the City of Santa Ana All provisions of that prime Contract shall apply to this subcontract." The Contractor shall indemnify, defend, and hold harmless the City and its employees from any and all liability arising or resulting from the employment of any subcontractors and their employees in the same manner as for Contractor's own employees. 4.2 Contractor Hirin The City encourages Contractor to create new jobs for low or moderate -income persons and Santa Ana youth for its operations under this Contract. Contractor agrees that it shall use good faith efforts to create such new jobs. All qualification and hiring decisions will be made by Contractor. The contractor agrees that it will reasonably cooperate with the City through the City of Santa Ana's Training and Employment Development Officer and staff with respect to recruitment, screening and tracking of employees. In implementing these efforts, such Officer and staff will provide to Contractor, at no cost, pre-screening and pre - qualification of all potential job applicants. Such services include assisting with community outreach to recruit qualified job applicants and conducting pre-screening of all potential job applicants and conducting pre-screening sessions to determine the most qualified applicants for jobs. 4.3 Notice Requirements (for purposes of non-performance or otherwise) Notice shall be in writing, as a work order, and submitted via email to the Contractor and Director of PRM. Notice shall be given on the date shown on the email. Change of email address shall be given in the same manner as other notices. 4.4 Default by Contractor / Termination Notwithstanding and in addition to payment deductions for Contractor's deficient performance described within Section 2.3.1 (e) of the RFP, the City may terminate this Contract without liability for damages when, in the City's sole opinion, the Contractor is not diligently performing or otherwise not complying in good faith with the Contract, has become insolvent, has assigned or subcontracted any part of the work without the consent of the City, or has otherwise defaulted in the performance of the Contract, and has not otherwise cured such default after a period of ten (10) days' notice given by the City to do so. Suppose a default situation occurs as a result of the Contractor's non-performance and/or non-compliance to the specifications and requirements herein or any other work applicable under this Contract. In that case, Contractor City Council 15 — 526 1/16/2024 agrees that the City may withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this Contract. If the City terminates the Contract, the City will give notice to that effect to the Surety and Surety shall, within five (5) business days of delivery of the notice, assume control and perform the work as successor to the Contractor, and shall be paid by the City for all work performed. If the Surety does not comply with such notice within said five (5) day period or, after starting to comply, fails to continue, the City may exclude the Surety and the Contractor from all City facilities and have the work completed by City employees, by another Contractor, or by a combination of such methods. All costs incidental to the default of the Contractor shall be charged to the Contractor and the Surety, and may be deducted from any monies due the Contractor. Surety shall pay, within fifteen (15) calendar days of receipt of an invoice, all such incidental costs less any amount deducted from monies due. 4.5 Temporary Suspension of Work The City Representative(s) (CR) shall have the authority to suspend work by the Contractor, wholly or in part for such period as necessary due to unsuitable work conditions, failure of Contractor to carry out directions, unsafe or hazardous conditions, or failure to perform in accordance with these provisions. The Contractor shall request permission of the CR(s), during City business hours, to temporarily suspend work wholly or in part for such period as necessary due to unsuitable, unsafe, or hazardous work conditions or failure of the City to notify the Contractor of changes in locks, security codes or access to facilities being cleaned. 4.6 Damage Caused by Contractor All damage to existing facilities caused by Contractor shall be repaired or replaced at Contractor's sole expense. All such repairs or replacements shall be completed within the time limits specified by the City below: Irrigation damage shall be repaired or replaced within one (1) watering cycle or 24 hours. b. All damage to shrubs, trees, turf or ground cover shall be repaired or replaced within five (5) working days. c. All damage to appurtenances shall be replaced within a period of 30 days. All repairs or replacements shall be completed in accordance with the following maintenance practices: Trees: All damage, including minor damage, such as bark lost from impact of mowing equipment or string trimmers, shall be subject to replacement with a tree comparable in species and size, as approved by the City, within 30 days. b. Shrubs/Ground Covers: All damage shall be subject to replacement with a shrub or plant comparable in species and size, as approved by the City, within 30 days. c. Appurtenances: All damage caused by Contractor to components of the facilities or grounds, including but not limited to benches, picnic tables, permanent chairs, irrigation heads, valves, valve boxes, controller boxes, concrete walks, railings, fencing, and gardens shall be corrected at Contractor's expense, within 30 days. 4.7 Non -Emergency Call -Outs Time and materials shall be charged for payment on a separate invoice and pre -approved by the City, (i.e. trash pickup generated by special functions) for those items outside of the normal scope of work. The time and material charges shall be in accordance with the submitted cost proposal. City Council 15 — 527 1/16/2024 4.8 Work Not Included Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by Contractor, are not included in this Contract. If the Director of PRM, based upon all of the facts that may be gathered, determines that excessive water and/or utility costs have occurred due to Contractor's work, the City may withhold from payment to Contractor those funds necessary to reimburse the City for these additional costs. 4.9 Signs / Improvements Contractor shall not post signs or advertising matter on City property unless prior written approval therefore is obtained from the City. City Council 15 — 528 1/16/2024 SECTION 4 ENVIRONMENTAL REQUIREMENTS 5.1 Environmental Reauirements 5.1.1 Contractor shall ensure that all personnel whose responsibilities involve cleaning, waste disposal, or landscaping are trained in Best Management Practices, as set forth in the City's NPDES permit and Storm Water Management Plan. 5.1.2 In preparing its proposal, Contractor shall consider the following conditions pertaining to the completion of the specified maintenance tasks: a. Contractor must conduct all operations in accordance with the City's Storm Water Management Plan and State NPDES. b. Appurtenances must be cleaned by a method(s) which does not result in runoff going into any water body, gutter or storm drains. Only potable water may flow into any water body, gutter or storm drains. c. All wash water must be disposed of in a sanitary sewer. d. No litter, debris, oil, grease, green waste, or other materials and substances may be washed, swept, or blown into the street or storm drains. e. All liquids, including but not limited to, rinse water and cleaning agents, must be properly disposed of in compliance with all laws and regulations. No liquid or product of any kind may be discharged to a gutter, storm drain or paved surface where it could be carried to the storm drain system or to a water body. f. For washing operations, Contractor shall use (1) a high-pressure/low-volume sprayer using only potable water and no cleaning agents at an average use of .006 gallon of water per square feet of surface; or (2) a self-contained power scrubber, which recaptures all wastewater, cleansers, and debris. All wastewater recaptured by a self-contained power scrubber must be disposed of in a sanitary sewer approved by the City. 5.1.3 Contractor shall comply with the City's recycling efforts and program. a. Contractor is required to recycle green waste, keeping it separate from trash and other debris. 5.1.4 Contractor shall have an Integrated Pest Management policy/program in effect. 5.2 Refuse Disposal 5.2.1 Unless directed otherwise, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City City Council 15 — 529 1/16/2024 finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service 5.2.2 The City will provide the refuse bins and pay the costs of the disposal, however, the contractor shall dispose of all trash, litter, and debris collected (i.e. refuse) by Contractor in the performance of the daily maintenance tasks including refuse collection, green waste, debris, litter, trash, emptying of trash cans, and litter control. The refuse collected by the Contractor in the performance of these tasks shall be transported to a proper disposal site by the Contractor. 5.2.3 No trash, litter, debris, or green waste shall be permitted to be dumped from sites not on this contract, If the contractor is found to abuse the refuse bins, the contractor will assume the responsibility to dispose of and pay for all refuse costs for the remaining terms of the contract. 5.2.4 The contractor shall maintain logs or invoices showing Santa Ana address identifying its refuse collection and disposal activities and make those logs or invoices available to the City for inspection on reasonable notice. 5.2.5 The contractor will not be required to sort recyclable materials from trash and other refuse collected by the Contractor. Recyclable materials are the property of the City. 5.3 Hazardous Materials Use of any chemicals or hazardous materials by the Contractor in performing services shall be subject to approval of the City and shall be used in accordance with the manufacturer's directions and specifications. Contractor shall store and dispose of chemicals or hazardous materials in accordance with all laws, rules and regulations on the subject. Contractor shall defend, indemnify and hold harmless the City and its officials and its employees for all claims, demands, damage, causes of action, loss, liability, cost or expense relating to the Contractor's failure to comply with this section. 5.4 Sound / Noise Control Requirements Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, specifically Santa Ana Municipal Code 8.80 NOISE, that apply to any work performed pursuant to the Contract. 5.4.1 Each internal combustion engine used for any purpose for the work or related to the work shall be equipped with the type of muffler recommended by the manufacturer of such equipment. No internal combustion engine shall be operated without such muffler. 5.4.2 The Santa Ana City Council is considering a ban on all fuel -powered leaf blowers. Contractor will not receive additional compensation should such a ban be implemented prior to or after the award of the Contract. 5.4.3 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be paid. City Council 15 — 530 1/16/2024 SECTION 5 CHANGES TO THE CONTRACT 6.1 City's Right to do Work The City reserves the right to do work as required within the Contract Areas. If such work affects Contractor's work, the City will ask Contractor to submit costs incurred by Contractor as a result of the City's work. 6.2 Changes in Service 6.2.1 Special Events The areas contained in this Contract are frequently utilized for special events. Some of these special events (e.g., filming, carnivals, concerts, parades, etc.) will affect regular grounds maintenance operations for extended periods of time. In these instances, the City may request an alternative means of, or alternate schedules for, maintaining these areas. For example: mowing operations in some areas may not be possible due to a filming setup. In this instance, the City may request the Contractor to control the growth of weeds around the area in lieu of mowing, at no different or additional cost other than the amount proposed for mowing. Certain damage to turf, irrigation, and other landscaped areas may result from large special events. Contractor is not liable for the repair of such damage, but may be asked to perform said repair work as "Additional Work." Prior to each large special event, the Contractor and the CR will jointly assess the conditions of the designated sites to establish a benchmark for any needed "Additional Work." 6.2.2 Construction Activity & Maintenance Functions a. In the event that construction activity prevents, or limits, Contractor from performing certain maintenance operations, the City, at its discretion, may remove, temporarily or permanently, the affected areas, or maintenance functions, from the Contract and the Contract price shall be reduced pro rata. 6.3 Special Requests Contractor may be requested by the City to perform special tasks that are not included in the normally scheduled work (i.e. citizen requests, coordination with utility locations, or special work orders relative to City functions). It is intended that the Specifications are indicative of the work to be anticipated by Contractor and will allow for reasonable additional work which is considered normal maintenance at no additional cost to the City in order to meet the objectives and criteria. 6.3.1 Soil and Plant Testing Upon request, Contractor shall perform soil or plant testing of selected areas for soil fertility, salt build-up, pathological organisms, percolation tests, etc. Contractor may be required to pay costs of tests if negative results are related to incorrect maintenance practices. These tests will be used to determine whether additional treatments are required. Tests will be requested by the CR(s). Payment shall be in accordance with Unit Work Costs in the cost proposal. City Council 15 — 531 1/16/2024 SECTION 6 CONTRACT ENFORCEMENT AND EVALUATION 7.1 Contract Enforcement 7.1.1 The contractor or its authorized representative shall meet on the site, as needed, at the discretion and convenience of the City, with a CR to do a site inspection as it relates to determining compliance with the Contract Specifications, site challenges, and/or developing a scope of work. All scheduled and periodic maintenance functions shall have a current status and completion date prior to this meeting and be documented on the electronic monitoring and work order system. Contractor's representative must be authorized to sign documents and make changes to the work. 7.1.2 The City reserves the right to perform inspections at any time to monitor performance. The contractor shall cooperate with the City, State, and Federal representative(s) in the review and monitoring of the Contractor's performance, records and procedures (see Section 7.2). 7.1.3 At the request of the City, the Contractor or its appropriate representative shall attend meetings and training sessions, as deemed necessary by the City, for the purposes of orientation, information, amendments to the Contract, and description of City policies and procedures. 7.1.4 In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action. 7.2 Performance Evaluation 7.2.1 City staff shall perform site inspections each day at undisclosed times and at various service areas to determine if scheduled tasks are performed as specified. 7.2.2 If the CR determines that any required services are deficiently performed, incompletely performed, or not performed at the appropriate time as specified by the City, the City will give notice to the Contractor via work order or email to correct the deficiency, complete the performance, or perform within a time stated in the notice. If Contractor fails to correct deficiencies within that time, the City may: (a) deduct $300 from Contractor's payment a sum attributable to the deficiency; or (b) upon giving five (5) days' notice to the Contractor for failure to correct the deficiencies, City may correct the deficiencies. The costs incurred by completion of the work by an alternate source, whether it be City forces or another contractor, will be deducted from the payment to the Contractor from the City, as determined by the City. 7.2.3 A sum of $300.00 will be deducted from the base payment amount for each deficiency per occurrence. 7.2.4 City staff will perform these site inspections utilizing the City's contract performance management system on -site with portable electronic devices with a data connection. These devices allow for performance deficiencies to be documented immediately while completing, which will send a notification immediately to the Contractor. City Council 15 — 532 1/16/2024 (9)CITY OF SANTA ANA 7.2.5 The action above shall not be construed as a penalty, but as an adjustment of payment to the Contractor to recover a portion of City costs due to the failure of the Contractor to complete or comply with the provisions of this Contract. City Council 15 — 533 1/16/2024 EXHIBIT B VARIOUS CITY SITE MAPS City Council 15 — 534 1/16/2024 APPENDIX VIII City Council 15 — 535 1/16/2024 _ 3 — tk�0• IF 7� L L w 'fix r y Al�}Kol � � fir• I+: �' " �'i_ Now -6 NEW ry J Ji t•_ ' �.a �r Ito #° 1 riYi,�CK'I�;S'A ,T f �ki GO X 1i { %%a- r4F Santa Ana Zoo (ma"Pim 3 of 3) Lot Detail General Maint. and Clean Up — • .6 Weekly Maintenance City Council 15 — 537 1/16/2024 EXHIBIT C PRICING PROPOSALS/RATES City Council 15 — 538 1/16/2024 Cost Proposa ADDENDUM 2 • EXHIBIT I ATTACHMENT A-2 REVISED PROPOSAL PRICING DISTRICT 1 PARKS (MUST BE FU LILY LOADED AN D INCLU DE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.} Acreage'" Monthly Rate YeadV Rate Full Time Equlvalents Cesar Chavez J Campesino 7 Edna 2 El Salvador 9 King St. Park- TBD Memary lane 0.6 Rivervlew S Rosita 9 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.} Acreage• 171h St. & Santa Ana River Tnangle 0.59 Fairview Triangle 0.73 Annual Total n!a "Future Park DISTRICT 1: SANTA ANA LIBRARY Centers/Fact Iltles (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage` ManthlV Rate YeadV Rate Full Time DUMPING, ETC.} Equlvalents New Hope Libray 0.56 Annual Total n a DISTRICT 2 PARKS (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ET[.} Acreage Monthly Rate YeadV Rate Full Tlme Equivalents loth and Flower Park` 1 7 Angels Community 1) Birch 2.4 Cabrillo 7.3 Cabrillo Tennis Center 7.6 Cheppa's 0.4 Eldndge 1.2 Fisher 1.5 French 0.2 Garfield 0.1 Ml 5.5 Man posa 0.5 Will 5.9 Pormla 9.1 Saddlehock View 0.9 Santiago (including blketraill 26 LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, AgMgp 602 NGarfield Street 0.2 Cemers/Facl Ildes (M UST BE FULLY LOADED AN D INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.} Acreage Garfield Community[enter 0.2 Plana Cal le C uaim 0.2 Sarah Mae Downie Herb Garden 0.1 Santa Ana Stadium 6.9 Willard Playground 0.2 nual Total n?a •Future Park DISR0CT2: COMMUNITY DEVELOPMENT AGENCY Trails and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Llnear Mlles MonthlV Rate YeadV Rate Full Tme DUMPING, ETC.} Equi valems 2nd 5t from B roadway to Sycamore 0,1 41h St. from Ross to French 05 LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage Monthly Rate YeadV Rate Full Tme Equivalents N E wmer of 3 rd St, and Bush St. 0, 8 312 N. Bush Street 0,1 nnual Total City Council 15 — 539 1/16/2024 DISTRICT 3 PARKS[MUST BE FU LLY LOADED AND INCLU DE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Areages Monthly Rate Yearly Rate Full Time Equivalents Bnstol/Tol I iver Pant' 1.1 Bomo Koral 11 Delhi 10.4 Lillie King 9.6 Madison 6 Memonal 15.5 Map l e Occidental Exercise Park 0.43 Pacific Electric 1.4 Sandpointe(including pweas) 7.7 Segcrstm m 1.2 Standard and McFadden Park 0,54 Tialls and Walkways (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Linear Miles ManthlV Rate Yearly Rate Flower Trail (Flower/Wamerto Flower/Sunflower) 1.5 Pacific Elennc Trail (Chestnut/Maple to Alton/Bristol) 3.5 UWOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage Monthly Rate Yearly Rate 300 S. Main Street 0.4 1022 S. Main Street 0.1 Centers/Facll ltles (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate RDosevelt/Walker Comm. Center 13 Unused Property [MUST BE FULLY LOADED AN D INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.[ Acreage Monthly Rate Yearly Rate 625 S. Cypress - Cypress FireStation 0,17 Annual Total n/a ' ltllre Pan< DISTRICT 3: COMMUNITY DEVELOPMENT AGENCY Centers/Facll ltles (MUST BE FULLY LOADED AN D INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.) Acreage Monthly Rate Yearly Rate Full Time Equivalents Carnage Homeless Shelter 1H D LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage N E comer of 3 rd St. and Bush St. 4, 8 312 N. Bush Street 0,1 nnual TaolI I n/a DISTRICT 4 PARKS [MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, ETC.[ Acreage Monthly Rate Yearly Rate Full Time Equivalents 1st/Mountain View Park" 1.7 Adams 7 Centennial 87 Ed Camther's Park" 1.1 Friendship 0.1 Heritage 8 Jerome 14 Santa An ita 5 Thornton 35 Windsor 12 TValls and Walkways [MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, BUMPING, ETC.) Linear Mlles Monthly Rate Yearly Rate Full Time Equivalents Bearstreet l5egertrom Ave. to MacArthur Blvd.j 0,49 Greenville Street (North of Hall Ave. to Segerstmm Ave.) OAR Jerome[Monteyista Aveto McFadden Ave) 0.25 MacArthur BlW(Santa Ana River Tmil to MacArthur Blvd) 0.06 St. Andrew PI./St. Gertrude PI. 0.18 Raitt Street (Segertrom Ave. to Alton Ave.} 0.25 Other (MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, EfC.) Acreage McFadden Triangle O.94 nnual Total n/a 'Future Park DISTRICT4: SANTA ANA POLICE DEPARTMENT Centers/Facilities [MUST BE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage' Monthly Rate Yearly Rate Full Time DUMPING, ETC.) Equivalents San to An a PAAL C enter 0.5 2 Annual Total n a CIVIC CENTER LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, Acreage Monthly Rate Yeady Rate Full Time Equival ants Annual Total n/a SANTA ANA ZOO ZOO [MUSTBE FULLY LOADED AND INCLUDE LABOR, EQUIPMENT, MATERIALS, TRIP CHARGE, DUMPING, EFC.j Acreage Monthly Rate I Yearly Rate I Full Time I Equivalents 20 I 545,513 $546,156 5.3 City Council 1 /16/2024 18 11930FIA J Community Development Agency santa-ana.org/community-development Item # 16 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: First Amendment to Density Bonus Housing Agreement for Legacy Square AGENDA TITLE First Amendment to the Density Bonus Housing Agreement for Legacy Square RECOMMENDED ACTION Approve a First Amendment to the Density Bonus Housing Agreement with National Community Renaissance of California and Legacy Square, L.P. for the permanent loan conversion of Legacy Square (Agreement No. A-2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On February 5, 2019, the City Council authorized the City Manager to execute a Density Bonus Housing Agreement with National Community Renaissance of California ("National CORE") for the development of a 93-unit affordable housing development at 609 N. Spurgeon Street ("Legacy Square") (Agreement No. A-2019-028). Legacy Square was completed on April 29, 2023 and without the density bonuses, National CORE would only have been permitted to build 51 units of affordable housing. The First Amendment to the Density Bonus Housing Agreement is required for the permanent loan conversion for National CORE and Legacy Square, L.P. A permanent loan conversion for a multifamily affordable housing project refers to the transition from a construction loan financing to a long-term, permanent mortgage loan once the construction of the project is complete. The permanent loan will have terms and interest rates appropriate for the long-term nature of the financing. However, the terms can vary based on the agreement between the developer and one or more lenders. The conversion from construction financing to permanent financing allows the project to transition from the development phase to stable, long-term operations while meeting the affordability goals set for the housing units. The specific details of the permanent loan conversion process can vary depending on the project, financing arrangements, and regulatory requirements. City Council 16-1 1/16/2024 First Amendment to Density Bonus Housing Agreement for Legacy Square January 16, 2024 Page 2 Relative to the permanent loan conversion for Legacy Square, the State of California Department of Housing and Community Development (HCD) is one of the senior lenders on this project and has requested the City to amend our local Density Bonus Housing Agreement in order for HCD to approve their permanent loan. Specifically, this First Amendment to the Density Bonus Housing Agreement is required because the recordation of the original Density Bonus Housing Agreement on the fee interest triggers an obligation for HCD to record its regulatory agreement against the fee interest. At the time of recording of the Density Bonus Housing Agreement on March 25, 2019, following City Council approval, there was no ground lease, but the affordable housing owner now has a long-term ground lease with the Santa Ana United Methodist Church that they entered into on June 12, 2020, over one year later. Since there was no ground lease when recorded, the Density Bonus Housing Agreement was recorded against the ground lessor's fee interest and not the leasehold interest held by the affordable housing owner. Following approval of this action by the City Council, the First Amendment to the Density Bonus Housing Agreement will be recorded against the leasehold interest by modifying the leasehold description in the original Density Bonus Housing Agreement and satisfy the request of HCD (Exhibit 1). After this First Amendment is approved, HCD can record their regulatory agreement against the leasehold interest and approve their permanent loan. However, if this First Amendment is not approved, National CORE will not be able to close on its permanent loan conversion and the project will be in default under its construction loan financing documents. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. First Amendment to Density Bonus Housing Agreement for Legacy Square Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 16 — 2 1/16/2024 EXHIBIT 1 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana City Clerk 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: City Clerk No fee for recording pursuant to Government Code Section 27383 FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT (Legacy Square) THIS FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT (this "Amendment") is made and entered into as of the _ day of __, 2024 ("Effective Date") by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (the "City"), and National Community Renaissance of California, a California nonprofit public benefit corporation (the "Developer''), and Legacy Square, L.P., a California limited partnership (the "Tenant"). The City, Developer, and the Tenant are sometimes collectively refen-ed to as the "Parties." Terms not defined herein shall have the meaning set forth in the DBA (as defined below). RECITALS: A. Santa Ana United Methodist Church (the "Fee Owner") is the owner of the real property located within the City of Santa Ana, County of Orange, State of California, commonly known as 609 North Spurgeon Street, Santa Ana, California, and further described in Exhibit A attached hereto and incorporated herein by reference (tile "Property"). B. Developer formed the Tenant to enter into a long-term ground lease with the Fee Owner and to develop the ninety-three (93) unit affordable apartment complex on the Property as more particularly described in the Density Bonus Application No. 2018-01 (the "Project"). Without the density bonuses, Developer and Tenant would only be permitted to build fifty-one (5 1 ) wits on the Property. C. To set forth the term of the required density bonuses, the City and the Developer entered into that certain Density Bonus Housing Agreement with an effective date of February 5, 2019 (the "DBA"), and the same was recorded against the Property on March 25, 2019, as Recording No. 2019000092579, in the Official Records of Orange County, California (the "Official Records"). D. The Tenant and the Fee Owner entered into that certain long-term ground lease dated as of June 12, 2020, the same which was amended and restated by that certain amended K11 1112350.3 City Council 16 — 3 1/16/2024 EXHIBIT 1 and restated ground lease dated as of February 11, 2021, with the owner of the Property, Santa Ana United Methodist Church, as further amended, ("Ground Lease"), with respect to a portion of the Property, under which the Tenant has a valid leasehold interest in the Property ("Leased Property„). E. With this Amendment, the Parties desire to amend the DBA to clarify that the covenants and obligations therein extend to and are only recorded against the Tenant's leasehold interest in the Property, and not the Fee Owner's interest in the property. NOW, THEREFORE, for and in consideration of the covenants, representations, warranties and agreements set forth in the DBA, as amended herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: l . Section 4.1 of the DBA is deleted in its entirety and replaced with the following: 4.1 Recordine of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Leased Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Leased Property, the Project, and the Units to ensure compliance with the State Density Bonus Law, City Density Bonus Law, and the City Housing Opportunity Ordinance, and to ensure the continued supply of Affordable Units in the Project. 2. Section 8.2 of the DBA is deleted in its entirety and replaced with the following: 8.2 Covenants Rim with the Land. The Leased Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes. liens and charges set forth in this Agreement shall run with the Leased Property and shall be binding upon Tenant and all persons having any right, title or interest in the Leased Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to rim in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Leased Property in accordance with the provisions of Civil Code Section 1468. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the K I 1 11123-50.3 City Council 16 — 4 1 /16/2024 EXHIBIT 1 community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer and Tenant hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Tenant's interest, and Developer's interest, if any, in the Leased Property is rendered less valuable thereby. Tenant and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Leased Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 3. The Parties agree that the legal description set forth in Exhibit A of the DBA shall be deemed a reference to the leasehold interest in the Property and the Ground Lease establishing the Leased Property, and all rights and interests granted therein. 4. Tenant hereby affirms that it agrees and assumes all obligations of Developer as set forth in the DBA, and that Tenant is bound by the DBA, as amended herein, for all obligations of the Developer as set forth in the DBA. 5. Tenant and Developer each agree, for themselves and their respective successors and assigns that the entitlements and concessions set forth in the DBA are conditioned on the Ground Lease continuing in effect for a period of at least fifty five (55) years fi-om the initial date Of occupancy, as required by California Government Code S 65915 ("Statutory Affordability Period"). In the event the Ground Lease is terminated prior to the Statutory Affordability Period, or the Property is not operated in accordance with the affordability requirements for the duration of the Statutory Affordability Period, then the Project shall be in violation of the conditions of entitlement granted by the City, and the City shall have all rights and remedies available under law or equity. 6. Developer and Tenant agree to defend (with counsel of City's choosing), indemnify and hold harmless the City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claims, or judgment arising from any act or omission of Developer or Tenant in connection with its obligations under the DBA or this Amendment, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 7. Except as amended herein, the DBA shall otherwise remain in full force and effect. The Parties hereby agree that this Amendment shall not constitute a novation of the DBA, and that this Amendment shall not affect the priority of the DBA as an encumbrance against the Leased Property as compared to liens or other encumbrances on the Property or Leased Property subsequent to the DBA. 8. This Amendment may be executed in one or more counterparts and as so executed shall constitute a single instrument. [Signatures on following page] KI I I 1 12350.3 City Council 16 — 5 1/16/2024 EXHIBIT 1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their lawfi.►lly authorized officers. ATTEST: CITY OF SANTA ANA Jennifer Hall City Clerk Dated: Torn Hatch Interim City Manager Dated: APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney By: Matthew R. Cody, Esq. Best, Best & Krieger Dated: January 8, 2024 RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California On , 2024, before me _ , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -4- City Council 16 — 6 1 /16/2024 EXHIBIT 1 DEVELOPER: NATIONAL COMMUNITY RENAISSANCE OF CALIFORNI By: Name: Michael Finn Title: Chief Financial Officer A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Stol-C of Ca 'forma On _II, 1411 9- Z05 024, before me _V11P11fli GV Notary Public. personally appeared Michael Finn proved toineforl the basis of satisfactory evidence to be the personKwhose name) is/ire subscribed to the within instrument and acknowledged to me that he/,,.�y executed the same in his/het/heir aLlthorized capacity, and that by his/herft� signatureon the instrument the person( or the entity upon behalf of which the personl �' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal -5- till 11123503 #my EGUIANotary PublicGlifc • lHornia San Bernardino County Commission # 2466448 Comm. Expires Oct 13, 2027 (Seal) City Council 16 — 7 1/16/2024 EXHIBIT 1 TENANT: LEGACY SQUARE, L.P., a California limited partnership By: NCRC Legacy MGP, LLC, a California limited liability company, its managing general partner By: National Community Renaissance of California, a California nonprofit public benefit corporation its manager By: —M Name: Michael Finn Title: Chief Financial Officer A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfitlness, accuracy, or validity of that document. S to of C ifornia On JiUYLt g1 !Y 2024, before me I OC_ Notary Public, personally appeared Michael Finn proved to me�ron the basis of atisfictory evidence to be the person whose nameJtaj WEVIC subscribed to the within instrument and acknowledged to me that he/5.h /t>y executed the same in his/fir/t�authorized capacity�j , and that by his/her/tlieif signatureKon the insh1lment the person() -'or the entity upon behalf of which the person(s)- acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 Si nature �er� I on KI I t t t'_350 3 *my YVONNE EGUTA Notary Public . California San Bernardino County Commission rf 2466448 Comm. Expires Oct 13, 2027 (Seal) City Council 16 — 8 1/16/2024 EXHIBIT 1 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: PARCEL I OF LOT MERGER NO. 2020-07, RECORDED DECEMBER 18, 2020 AS INSTRUMENT NO. 2020- 0750977 OF OFFICIAL RECORDS, FURTHER DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 4, 5, AND 10 AND ALL OF LOTS 8 AND 9 AND 11 THROUGH 19, INCLUSIVE, OF THE THOMAS ADDITION TO SANTA ANA, 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE ALONG THE WESTERLY LINES OF SAID LOTS 15, 14, 11 AND 10, NORTH 00-03,22" WEST 239.51 FEET TO THE NORTH LINE OF THE SOUTH 14.00 FEET OF SAID LOT 10; THENCE ALONG SAID NORTH LINE, NORTH 89051'04" EAST 125.27 FEET TO THE WESTERLY LINE OF SAID LOT 9; THENCE ALONG THE WESTERLY LINES OF SAID LOT 9, 8 AND 5, NORTH 00-01,57" WEST 103.00 FEET TO THE SOUTHEASTERLY LINE OF CIVIC CENTER DRIVE PER DOCUMENT RECORDED FEBRUARY 25, 1974 IN BOOK 1108 PAGE 466 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID SOUTHEASTERLY LINE AND ITS NORTHEASTERLY PROLONGATION, NORTH 63030'35" EAST 99.51 FEET TO A CURVE CONCAVE SOUTHWESTERLY IIAVING A RADIUS OF 25.00 FEET, THE SOUTHERLY TERMINUS OF SAID CURVE BEING TANGENT TO THE EASTERLY LINE OF SAID LOT 5; THENCE NORTHEASTERLY, EASTERLY, AND SOUTHERLY ALONG SAID CURVE 50.81 FEET THROUGH A CENTRAL ANGLE OF 1 16026'25" TO SAID POINT OF TANGENCY; THENCE ALONG THE EASTERLY LINES OF SAID LOTS 5, 8, 9, 12, 13, AND 19 SOUTH 00003'00" WEST 359.21 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19; THENCE ALONG THE SOUTHERLY LINES OF LOTS 15 THROUGH 19, INCLUSIVE, SOUTH 89°37'16" WEST 250.51 FEET TO THE POINT OF BEGINNING. APN: 398-236-05 AND 398-236-07 -7- KIII11_3?0', City Council 16 — 9 1/16/2024 Community Development Agency santa-ana.org/community-development Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: First Amendment to FY 2023-24 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with Interval House AGENDA TITLE Approve a First Amendment to the Fiscal Year 2023-24 Emergency Solutions Grant (ESG) Memorandum of Understanding with the Santa Ana Police Department HEART Program for additional street outreach and ESG Subrecipient Agreement with Interval House to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana. RECOMMENDED ACTION 1. Authorize the City Manager to execute a First Amendment to the Santa Ana Police Department Homeless Evaluation Assessment Response Team (HEART) Program Memorandum of Understanding (MOU) to increase the amount of the agreement by $32,394.61 for program year July 1, 2023 - June 30, 2024 for additional street outreach activities (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute a First Amendment to the Interval House Subrecipient Agreement to increase the amount of the agreement by $32,393.00 for program year July 1, 2023 - June 30, 2024 to provide emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 2, 2023, the City Council authorized the City Manager to execute an MOU with the Santa Ana Police Department and agreements with non-profit organizations as part of the program year 2023-24 ESG Program allocation to provide housing assistance, emergency shelter and street outreach to Santa Ana residents experiencing homelessness (Exhibit 1). At the close of Fiscal Year (FY) 2022-23, unspent funds from ESG Program recipients totaling $64,787.61 were recaptured for redistribution. Staff recommends reallocating FY 2022-23 unspent funds to the Santa Ana Police Department (SAPD) HEART Program and Interval House to expand services for people experiencing homelessness. Specifically, the $32,394.61 for the SAPD HEART Program will provide additional street City Council 17 — 1 1/16/2024 First Amendment to FY 2022-23 MOU with the SAPD HEART Program and ESG Subrecipient Agreement with Interval House January 16, 2024 Page 2 outreach services to individuals experiencing homelessness to provide them with necessary resources (Exhibit 2). The additional services include, but are not limited to, lodging at the Link, Yale Navigation Center, or other available homeless shelters and housing programs, as well as transportation and mental health services utilizing the County PERT team members. The $32,393 for Interval House will provide additional emergency shelter and supportive services to victims of domestic violence from the City of Santa Ana (Exhibit 3). FISCAL IMPACT The Emergency Solutions Grant funds have been carried forward from FY 2022-23 to FY 2023-24 in the amount of $64,787.61 in account no. (13518785-69135 Payment to Subagent) and are available for expenditures in the current fiscal year. EXHIBIT(S) 1. Staff Report from May 2, 2023 2. Amendment to Memorandum of Understanding with SAPD Heart Program 3. Amendment to Subrecipient Agreement with Interval House Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 17 — 2 1/16/2024 EXHIBIT 2 FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA POLICE DEPARTMENT (24 CFR Parts 91 and 576) THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING is entered into this day of January, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY"), and SANTA ANA POLICE DEPARTMENT ("SUBRECIPIENT"). RECITALS A. On July 1, 2023, the City entered into an Emergency Solutions Grant Memorandum of Understanding with the Santa Ana Police Department, A-2023-083-04, to provide Emergency Funds from the United States Department of Housing and Urban Development (HUD) to be used in the operation of emergency solutions programs to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services in the City of Santa Ana ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds by $32,394.61 to the Subrecipient, which need to be spent by June 30, 2024. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section III, shall be amended to increase funding to Subrecipient by $32,394.61. The new total sum shall be increased from a sure not to exceed $50,000 to an amount not to exceed $82,394.61 in grant funding. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. [signatures on following page] City Council 17 — 3 1/16/2024 1Wv MMI1:31IM IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Cleric APPROVED AS TO FORM: Sonia R. Caivalho City Attorney By: ANDREA GARCIA-MILLER Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency CITY OF SANTA ANA: THOMAS HATCH Interim City Manager SUBRECIPIENT: Robert Rodriguez y l Chief of Police �J Tax ID# 95-6000785 Unique ID#: KZE9G2M4GRX9 City Council 17 — 4 1/16/2024 EXHIBIT 3 FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INTERVAL HOUSE (24 CFR Parts 91 and 576) THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT is entered into this day of January, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY"), and Interval House, a California nonprofit organization ("SUBRECIPIENT"). RECITALS A. On July 1, 2023. the City entered into an Emergency Solutions Grant Subrecipient Agreement with Interval House, A-2023-083-02, to provide Emergency Funds from the United States Department of Housing and Urban Development (HUD) to be used in the operation of emergency solutions programs to assist individuals and families that are homeless or at risk of homelessness in obtaining appropriate supportive services in the City of Santa Ana ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds by $32,393 to the Subrecipient, which need to be spent by June 30, 2024. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section III, shall be amended to increase funding to Subrecipient by $32,393. The new total sum shall be increased from a sum not to exceed $80,000 to an amount not to exceed $112,393 in grant funding. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. [signatures on following page] City Council 17 — 5 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. EXHIBIT 3 ATTEST: JENNIFER L. HALL City Clerk. CITY OF SANTA ANA: THOMAS HATCH Interim City Manager APPROVED AS TO FORM: SUBRECIPIENT: Sonia R. Carvallio City Attorney44 1,171,11 1,2 , r' By: ANDREA. GARCIA-MILLER Assistant City Attorney InteXal House Carol Williams Tax ID# 95-3389113 Unique ID,I: I-IYGCLPGSCSM8 RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 17 — 6 1/16/2024 Human Resources Department www.santa-ana.org/human-resources Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Pre -Employment Medical Services TITLE Approve an Agreement with Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers ("Concentra") for Pre -Employment Medical Services RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Concentra to provide a comprehensive medical services review program in an amount not to exceed $450,000 for a three-year term from January 31, 2024 through January 30, 2027, with the option for the City to grant up to two 1-year renewals of $150,000 each additional year, in an amount not to exceed $750,000 over a five-year term. (Agreement No. A-2024-XXX) GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION As an employer, the City maintains a comprehensive medical services review program and utilizes a qualified vendor to provide pre -employment medical screening services. A Request for Proposals (RFP) for these services was posted on July 12, 2023. The purpose of the RFP was to identify qualified occupational health providers to effectively coordinate, schedule, and evaluate the results of a variety of medical services such as: • Pre -employment medical examinations and screenings; • Department of Motor Vehicles ("DMV") Commercial Classification Driver's License physical examinations; • Department of Transportation ("DOT") -related drug and alcohol examinations and screenings; and • California Occupational Safety and Health Act ("OSHA") occupational testing such as periodic evaluation of respiratory, audio, and chest functions, as well as Hepatitis vaccination and boosters, as needed. Three proposals were received and evaluated by a staff panel based on the vendors' qualifications and experience, demonstrated knowledge of a variety of medical services, ability to fulfill scope of work, availability and convenience of services, cost City Council 18 — 1 1/16/2024 Pre -Employment Medical Services January 16, 2024 Page 2 competitiveness, and responsiveness to the proposal. The panel members determined that Concentra scored the highest during the review process. Staff recommends the approval of the agreement with Concentra to allow the City's Human Resources Department to provide a comprehensive medical services review program that will streamline and expedite the various medical processes required of the City's employees. FISCAL IMPACT The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Funding for the remainder of the current fiscal year is included in the FY 2023-24 budget. Funds for the duration of the contract period, an aggregate amount not to exceed $750,000, will be included in future fiscal years proposed budget for various departmental Contractual Services Professional accounts (no. 62300) for City Council consideration. Fiscal Year: Three Year Agreement Estimated Total Amount FY 2023-2024(January 31 — June 30 $75,000 FY 2024-2025 12 months $150,000 FY 2025-2026 12 months $150,000 FY 2026-2027 6 months $75,000 Two -Year Renewal Option Estimated Total Amount FY 2026-2027 (6 months) $75,000 FY 2027-2028 12 months $150,000 FY 2028-2029 Jul — January) $75,000 EXHIBIT(S) 1. RFP for Pre -Employment Medical Services 2. Agreement for Pre -Employment Medical Services Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Tom Hatch, Interim City Manager City Council 18 — 2 1/16/2024 REQUEST FOR PROPOSALS NO. 23-115 FOR PRE -EMPLOYMENT MEDICAL SCREENING SERVICES CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Wednesday, July 12, 2023 Deadline for Questions: Wednesday, July 26, 2023, 4:00 P.M. Proposal Due Date: Wednedsay, August 30, 2023, 4:00 P.M. Presentation/Interview: Monday, September 4 - Monday, September 11, 2023 Projected Award Date: Wednesday, January 31 st, 2024 City Council 18 — 3 1/16/2024 a ? 1 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. SCOPE OF SERVICES............................................................................................................... 4 IV. TERM OF AGREEMENT............................................................................................................. 4 V. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI. RESPONSE TO RFP.................................................................................................................. 4 VI I. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 9 VIII. REFERENCES............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE....................................................................... 10 X. SELECTION PROCEDURES & CRITERIA............................................................................... 12 XI. WITHDRAWALS........................................................................................................................13 XII. GENERAL TERMS AND CONDITIONS.................................................................................... 13 XIII. AWARD OF AGREEMENT........................................................................................................ 18 XIV. IMPLEMENTATION................................................................................................................... 18 EXHIBITS Exhibits provided herein for Proposers' reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT 11 — SAMPLE AGREEMENT ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION City Council 18-4 1/16/2024 (9) CITY OF SANTA ANA BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. Detailed job classifications are available online at: https://www.governmentmobs.com/careers/santaana/classspecs OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide pre -employment medical screening services for its Medical Services Review program. The City desires to implement a fully comprehensive review program, compliant with all applicable local, state and federal laws, as an essential part of the City's objective to provide and maintain a qualified work force. The City is soliciting proposals from qualified medical services review providers ("Proposers" or "Consultants") having special skill, knowledge and expertise in the field of impartial medical evaluations to: ➢ effectively coordinate, schedule and evaluate the results of a variety of medical examinations including: • pre -employment medical examinations and screenings; • post -exposure medical examinations and screenings; • fitness for duty examinations; • Department of Motor Vehicles (DMV) Commercial Classification Driver's License physical examinations; • certain Department of Transportation (DOT) -related drug and alcohol examinations and screenings; and 23-11Qity Council Pre -Employment Medical SJrf%ntn�Services 1/1W/ 4of34 aCITY OF SANTA ANA • California OSHA (Occupational Safety and Health Act) occupational testing such as periodic evaluation of respiratory, audio, and chest functions, as well as Hepatitis vaccinations and boosters, as needed. ➢ objectively discern if potential applicants or current employees are able to perform the essential functions of the jobs for which they are being considered; and ➢ objectively discern if current employees are medically fit to return to their regular essential functions following events such as serious injuries, exposure, or long-term illnesses. Consultant will ensure clinics and laboratories used are qualified to perform DOT and non - DOT urine collection and breathalyzer testing, laboratory analysis and Medical Review Officer (MRO) responsibilities. The term "Vendor", "Proposer", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). III. SCOPE OF SERVICES SEE EXHIBIT I — SCOPE OF SERVICES Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. IV. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. V. MINIMUM QUALIFICATIONS A) Minimum ten (10) years' experience, under a legally registered business name, in providing similar services in type and scope to those specified herein. Proposer must not have filed for bankruptcy under any business name over the past seven (7) years. B) The Medical facility and key personnel shall hold appropriate licenses for the Medical facility's discipline and the Services on the date the Proposal is submitted. VI. RESPONSE TO RFP SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required 23-11Qity Council Pre -Employment Medical SJr%rtthPServices 1 /1 W/ 4 of 34 ate?)CITY OF SANTA ANA sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/i)ortal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). III. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: 23-11Qity Council Pre -Employment Medical SJr%n7JServices 1 /`I W4 of 34 aCITY OF SANTA ANA Megan Ornelas Buyer Email: MOrnelas@santa-ana.org IV. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. V. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. VI. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. VI I. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. 23-11Qity Council Pre -Employment Medical SJr%n7iPServices 1 /1 W/ 4 of 34 ate?)CITY OF SANTA ANA Cover letter must be addressed to the following City Project Manager: Lori Schnaider, Operations Manager City of Santa Ana — Human Resources 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Section III — Scope of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience, including Staff Physicians and Support Personnel. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. Facilities: Describe the medical facility(ies) in terms of proximity and access to the City of Santa Ana. Square footage, number of treatment rooms, and privacy should be addressed within this description. g. Scheduling: Indicate current hours of operations, appointment and walk-in availability, and average patient waiting times. Procedures for after-hours and urgent medical care must be addressed. 23-11Qity Council Pre -Employment Medical SJr%rt17i9Services 1 /`I W4 of 34 a CITY OF SANTA ANA Equipment and Services: Describe in detail the types of testing equipment and services the facility provides onsite and offsite, including x-ray, spirometry, audiometry, vision testing, EKG, immunizations and laboratory. Include the scope of services available, the Technician's training and qualifications, and the methods employed to assure proper supervision and quality control. Also specify which tests, if any would need to be conducted off -site and how off -site services are coordinated, including additional waiting periods. i. Communication and Feedback: Describe the methods you use to ensure the City shall receive timely verbal and written communication regarding examination results. Indicate the average turnaround time for pre -employment medical examination results. Privacy Interests: Describe provider/facility compliance with HIPPAA as applicable. Describe procedures in cases of subpoenaed medical records. Disabled Candidates: Describe provider/facility knowledge of pre -employment fitness laws and requirements as they pertain to the hiring/accommodation of disabled candidates. Examples of pre -employment placement medical evaluation and results report and similar reports currently utilized for Proposer's government customers. m. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The following information must be included in each proposal: Specify the cost for each type of test/examination/medical treatment components below. 1. Audiogram 2. Back X-ray 3. Blood Lead Level ZZP 4. Blood screens — 7 panel drug screen 5. Blood chemistry profile (SMA 24 or equivalent) 6. Complete blood count (CBC w/diff) 7. Chest X-ray 8. DMV Physicals 9. Electrocardiogram 10. Hepatitis "A" blood screen 11. Hepatitis "B" blood screen 12. Hepatitis "B" booster 13. Hepatitis "B" titer 14. Hepatitis "B" Vaccine 15. Hepatitis "A" Vaccine 16. Hepatitis "C" blood screen 17. HIV blood screen 18. Pulmonary function test 19. Respirator Fit test 20. Respirator Physical 23-11Qity Council Pre -Employment Medical Sark%nlnj grvices 1 /`I W4 of 34 ate?)CITY OF SANTA ANA 21. Respirator Questionnaire if PX is not required with clearance 22. TB test 23. Urinalysis: • Urinalysis with microscopy (UA w/micro) • Urinalysis with dipstick (Dipstick UA) 24. Court Proceedings: Specify the proposed fee for testifying in court depositions or other court proceedings. Indicate whether the fee is hourly, per -candidate, or part of an annual retainer. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. VII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: Attachment A: Proposer's Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit Attachment E: Non -Lobbying Certification Attachment F: Non -Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: City will not waive notarization requirement when applicable on any of the required attachments. VIII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if. 23-11QIty Council Pre -Employment Medical Sark%n1iJ Aervices 1 /1 W/ 4 of 34 ate?)CITY OF SANTA ANA • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. IX. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate 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 limit no 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. • Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $4,000,000aggregate. 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 23-11Qity Council Pre -Employment Medical Sark%n nJ cervices 1 /16/��4 of 34 aCITY OF SANTA ANA endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 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. 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. 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 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. 23-11Qity Council Pre -Employment Medical Sark%nlnj Irvices 1 /1 W/ 4 of 34 a X. CITY OF SANTA ANA The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. 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. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP 1. Proposal's compliance with the requirements of this RFP. 2. Scope of Services offered including ability to provide optional services. 3. The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 15 Experience of Firm and Personnel The experience, resources, and qualifications of the firm and individuals to this account, including manager, supervisor and assigned staff. 40 -assigned Cost of Proposal 20 Staff Availability 15 References References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. 23-I lQity Council Pre -Employment Medical SJrk%n1nJ4ervices 1/1 6Q424of 34 aCITY OF SANTA ANA If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. XI. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which 23-11Qity Council Pre -Employment Medical Sark%nlnj &rvices 1/1 6Q42i4of 34 ate?)CITY OF SANTA ANA could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. 23-11Qity Council Pre -Employment Medical Sark%nlnj 6rvices 1/1 6QR24of 34 a CITY OF SANTA ANA All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same 23-11Qity Council Pre -Employment Medical Sark%nlnj cervices 1/1 6Q424of 34 a CITY OF SANTA ANA assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. N. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. O. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. P. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. Q. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. 23-11Qity Council Pre -Employment Medical Sark%nlnj &rvices 1/1 6Q424of 34 a CITY OF SANTA ANA Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. R. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. S. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. T. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. U. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. V. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. W. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. X. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. 23-11Qity Council Pre -Employment Medical Sark%n n j 9rvices 1/1 6Q424of 34 aCITY OF SANTA ANA Y. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Z. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XIII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XIV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. 23-11Qity Council Pre -Employment Medical Sark%nlnWQrvices 1/1 6Q424of 34 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant shall perform services as set forth below: GENERAL REQUIREMENTS Consultant shall be an independent contractor capable of providing experienced, knowledgeable, licensed and professional staff. Consultant shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. Consultant shall provide adequate staffing levels at all times and adhere to established schedules. Consultant shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to the Americans with Disabilities Act (ADA), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, the U.S. Department of Transportation (DOT) rules and regulations, and the California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) DESCRIPTION AND SCOPE OF SERVICES A. The City of Santa Ana is issuing this RFP for a medical services review program; such program to include organizing, scheduling, managing, and/or evaluating a comprehensive range of medical services and examinations, including but not limited to: 1. For prospective and current City employees to perform the duties of the position for which they are being considered (pre -employment assessments), using pre -determined medical protocols for each job classification such protocols may be modified by the physician, in consultation with the City's Executive Director of the Human Resources Department, or his/her designee, as is necessary to make a determination as to suitability for employment; 2. For current City employees being considered for employment in DOT and non -DOT positions requiring pre -placement or pre -assignment drug screens; 3. Fitness for Duty examinations (industrial and non -industrial), and provide reports and recommendations regarding the suitability of current employees to continue to perform their duties; 4. Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities; 5. DMV Driver's License physical examinations; 6. DOT -mandated drug and alcohol testing of employees considered `safety sensitive' as defined under DOT regulations and City policy. Consultant shall ensure all such testing complies with DOT testing procedures as per 49 CFR, Part 40; such testing to include pre -employment and pre -assignment. B. City shall be responsible for the organization, scheduling, and management of DOT and non -DOT random and reasonable suspicion drug and alcohol testing, and DOT post -accident drug and alcohol testing. Consultant shall evaluate results of said testing, in accordance with the provisions of the Agreement and relevant laws and regulations. 23-11QIty Council Pre -Employment Medical Slk%nhi�gervices 1/1 6QR24of 34 (9) CITY OF SANTA ANA C. Consultant shall ensure clinic(s) used for DOT -related drug and alcohol testing maintain a current valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)- certified laboratory that is agreed upon with the City of Santa Executive Director of Human Resources throughout the entire term of the awarded agreement, including any extension periods. Consultant shall ensure turn -around time from specimen collection to obtained test results shall be a maximum of three (3) working days for a negative test, and a maximum of five (5) working days for a positive test. D. As part of the medical services review program, Consultant shall: 1. Analyze current job classification specifications and make recommendations for the City's use in the pre -employment medical examination and drug testing process, random drug screen inclusion for safety sensitive positions inclusive of Department of Justice (DOJ) regulations, and occupational injury medical examination for return-to-work/fitness for duty. 2. Provide training to Human Resources personnel in administration procedures of Consultant's medical services review process. 3. Communicate with City Human Resources staff regarding applicants' or employees' progress throughout the medical services review process. 4. Communicate directly with applicants and City Human Resources staff throughout the pre- employment or pre -assignment process in regard to results and medical conditions as ascertained through the medical or physical examinations. 5. Provide an electronic final report in a format established by City Human Resources staff at its sole discretion, outlining each candidate's pre -employment placement medical evaluation and results. 6. Provide quarterly electronic activity reports, in a format established by Human Resources in its sole discretion, on the nature and number of examinations conducted, including but not limited to results and final dispositions. 7. Provide a detailed quarterly explanation and summary of charges incurred. 8. Provide all quarterly and annual summaries as required under the DOT. 9. Provide consultation as needed to Human Resources staff regarding medical services provided and outlined in the Agreement. 10. Consultant solely shall review all pre-employment/pre-placement medical evaluation services and maintain records, pursuant to the Agreement, in accordance with State and Federal laws, or as otherwise reasonably required by the City, and to the fullest extent permitted by law. 11. Consultant agrees to permit duly -authorized agents and employees of the City to review such records. 12. Consultant shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the fee paid under this Agreement. Consultant will make materials available at their offices at reasonable times and notice, during the period of the Agreement and for three (3) years after date of final payment under the Agreement for inspection by the City or by any other governmental entity or Department participating in the funding of the Agreement, or any authorized agents thereof. 13. Consultant's documents shall not be used, duplicated, or disclosed to any other third party without written permission from the City, unless such disclosure is required by law. Consultant shall not be required to create or maintain books and records not required in the ordinary course of Consultant's business operations, nor will the Consultant be required to disclose any information, including but not limited to product cost or pricing data, which Consultant considers confidential or proprietary. 14. Any Agreement changes which are mutually agreed upon by and between the parties shall be incorporated in written amendments to the Agreement. 23-11Qity Council Pre -Employment Medical Sark%nlnW9ervices 1/1 6Q424of 34 ate?)CITY OF SANTA ANA 15. If the circumstances on a particular hearing and/or court proceeding warrant the presence of a competent and knowledgeable representative of the Consultant, in the sole discretion of the City, City will request and contractor shall provide such representative, at no additional cost to City. E. Additionally, as part of the medical services review program, Consultant shall: 1. Maintain a network of qualified and trained medical providers and medical specialists for necessary exams; 2. Orient City staff in the legal/medical/risk management and human resources aspects of Consultant services; 3. Communicate directly with applicants to obtain the confidential medical information that is needed for clearance for a particular job; 4. Manage all bill review functions for the medical exams performed by clinics; and, 5. Provide access for City staff to Consultant's tracking system. F. Depending on job classification, pre -employment, and pre -assignment medical examination components may include: 1. job profile review; 2. review of medical history; 3. check vital signs; 4. detailed vision exam, including check of near/far/peripheral vision, Ishihara 14 and primary color; 5. audiogram (if classification has specific occupational noise exposure or critical hearing demands); 6. chest x-ray; 7. EKG or treadmill stress EKG; 8. Spirometry; 9. chem panel 20; 10. CBC w/diff; 11. dipstick UA, or UA w/Micro (to lab); 12. venipuncture & collection. G. Individual medical exams, such as post exposure, fit for duty, or others, may include one or more of the following: 1. Audiogram 2. Back X-ray 3. Blood Lead Level ZZP 4. Blood screens - 7 panel drug screen 5. Blood chemistry profile (SMA 24 or equivalent) 6. Complete blood count (CBC w/diff) 7. Chest X-ray 8. DMV Physicals 9. Electrocardiogram 10. Hepatitis "A" blood screen 11. Hepatitis "B" blood screen 12. Hepatitis "B" booster 13. Hepatitis "B" titer 14. Hepatitis "B" Vaccine 15. Hepatitis "A" Vaccine 23-11Qity Council Pre -Employment Medical Sark%nlnW1rvices 1/1 6Q424of 34 (9) CITY OF SANTA ANA 16. Hepatitis "C" blood screen 17. HIV blood screen 18. Pulmonary function test 19. Respirator Fit test 20. Respirator Physical 21. Respirator Questionnaire if PX is not required with clearance 22. TB test 23. Urinalysis with microscopy (ILIA w/micro) 24. Urinalysis with dipstick (Dipstick UA) III. IMPLEMENTATION Upon award of the Agreement, City shall work with Consultant to develop effective implementation protocols to ensure Services commence on January 31, 2024. 23-11QitY Council Pre -Employment Medical Sark%ninW ervices 1 / 1 6QQa24 of 34 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this , ("Consulta Ana, a charter city and municipal corporation organized and existing under the Con4, of California ("City"). RECITALS The City desires to retain a Consultant having special skill and B. Consultant represents that Consultant is able and willing to In undertaking the performance of this Agreement, and that any services performed by Consultant such standards as may reasonably be expect NOW THEREFORE, in consideration of the conditions hereinafter set forth, the parties agr. 1. SCOPE OF SERVICES Consultant shall perform*iingmaterials, tools, equipment, and described and set forth in Scope 2. COMPENSATION 3 to grant up unless tern 4 edge in the field by and between he Ck of Santa lahe State rdgeable in its field d in compliance with in the field. promises, and subject to the terms and 'M tasks and obligations including all labor, to fully and adequately complete the services Preto and incorporated by reference. to accept as total payment for its services for City, the rates - Exhibit II. The total annual sum to be expended under this 75,000. made vMhin forty-five (45) days following receipt of proper invoice evidencing to City accounting procedures. Payment need not be made for work which s of performance set forth in the Recitals which may reasonably be expected Mall commence on January 31, 2024 for a three (3) year term with the option for the City (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, in accordance with Section 15, below. 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 23-11QItY Council Pre -Employment Medical Sark%ninW&rvices 1 /16QQaZ4 of 34 (9) CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, sublicense any and all copyrights, designs, and other intellectual property embodied in plans, drawings, estimates, and other documents or works of authorship fixed in any tangible including but not limited to, physical drawings or data magnetically or otherwise record which are prepared or caused to be prepared by Consultant under this Agree Consultant shall require all subcontractors to agree in writing that City is granted -e. license for any Documents & Data the subcontractor prepares under this Agreement. warrants that Consultant has the legal right to license any and all Documents & Data. representation and warranty in regard to Documents & Data which were provided to Cons shall not be limited in any way in its use of the Documents and Data at any time, provided within the purposes intended by this Agreement shall be at City's soleAL 6. INSURANCE Contractor shall procure and maintain for the duration%reXentatfiv to persons or damages to property which may arise fro hereunder and the results of that work by the Contractor, ent MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (C "occurrence" basis, including products personal & advertising injury with limits n applies, either the general aggregate limit 09 or 25 04 05 09) or thejJQ6g:1aggrega 2. Automobile Liability:"anerty owned autos, covering hireper accident for bodily injury 4. Professional with limit no less pRrEurwiraintains II be entitled to the Additional lnsured s The City, ' fficials, employees, and volunteers are to be covered as additional insureds on the CGL policy ect 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 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 use, odify, reuse, or s ations, studies, ofexpression, Ocr ompute diskettes, `Docume Data"). ><clusiv perpetual sult presents 0aiiLdmakes noby the Ci t v su e not rIms for injuries ance of the work or subcontractors. es Office Form CG 00 01 covering CGL on an ations, property damage, bodily injury and ,00 , er occurrence. If a general aggregate limit epara to this project/location (ISO CG 25 03 05 twice the required occurrence limit. 01 Mering any auto (Code 1), or if Contractor has no ied autos (Code 9), with limit no less than $1,000,000 by the State of California, with Statutory Limits, and Employer's 6$1,000,000 per accident for bodily injury or disease. missions): Insurance appropriate to the Contractor's profession, ;urrence or claim, $2,000,000 aggregate. er coverage and/or higher limits than the minimums shown above, the City requires Jer coverage and/or higher limits maintained by the contractor. contain, or be endorsed to contain, the following provisions: 23-11QItY Council Pre -Employment Medical Sark%nlnW6rvices 1/1 6Qof 34 (9) CITY OF SANTA ANA For any claims related to this contract, the Contractor'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 Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, a with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any i r of /a) ctor may acquire against the City by virtue of the payment of any loss under such insurance. Co rtainendorsement that may be necessary to affect this waiver of subrogation, but this proverdle 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 C purchase coverage with a lower retention or provide proof of ability to administration, and defense expenses within the retention. TFjm provide, that the self -insured retention may be satisfied by Acceptability of Insurers Insurance is to be placed with insurers authorized to d of no less than A:VII, unless otherwise acceptablQ to t Claims Made Policies If any of the required policies provide claims- 1. The Retroactive Date must be s work. 2. Insurance must be maintain( completion of the contract of 3. If coverage is can Retroactive Date prA for a minimum of five Verification of Covera Contractor shall furnish policy,hIllIgnibeffectii Special Risks or City resery the experience e City may require th�tractor to s and related in esti ations, claim shall provid be endorsed to in or Citv e state current A.M. Best's rating the contract or the beginning of contract be provided for at least five (5) years after -Maced with another claims -made policy form with a the Contractor must purchase "extended reporting" coverage rk. Ph originaR,Iertificates and amendatory endorsements or copies of the applicable ge required by this clause. All certificates and endorsements are to be received work commences. However, failure to obtain the required documents prior to the ie Contractor's obligation to provide them. The City reserves the right to require k1l required insurance policies, including endorsements required by these modify these requirements, inclui )e, or other special circumstances. 7. INDEMNIFICATION based on the nature of the risk, prior 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 Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this 23-11QIt)/ Council Pre -Employment Medical Slk%nni ?ervices 1/1 6Qof 34 CITY OF SANTA ANA 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 ty, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal ' , damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arise _son of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with re to its rep erentation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's serv' re subjec ivil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Section to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful miscon f th r_ctor. Consultant shall defend and indemnify the City, its officers, ag any and all liability, including costs, for infringement of any United St infringement, including costs, contained in the work product or docum pursuant to this Agreement. - Consultant shall keep records and invoi Agreement. Consultant shall maintain complete i Agreement and any services, expenditures, a (3) years, or for any longer period required Agreement. All such records and invoices shal the City to examine, audit, and make transcript pursuant to this Agreement during regular busine documents, proceedings, and acAjh elated to final payment to Consultant and ent. do the work tube performed under this ith respect to the costs incurred under this ged to the City for a minimum period of three to of final payment to Consultant under this Consultant shall allow a representative of cords and any other documents created nsu shall allow inspection of all work, data, Jt for a period of three (3) years from the date of If Cons ultan from the Cit mation which due to the nature of such information is reasonably understood to be con roprieta sultant agrees that it shall not use or disclose such information except in the perform of ent, a urther agrees to exercise the same degree of care it uses to protect its own informati f like' t in no event less than reasonable care. "Confidential Information" shall include all nonpub f ion. C ential information includes not only written information, but also inform ferred or ally, electronically, or by other means. Confidential information disclosed to either part sidiary an gent of the other party is covered by this Agreement. The foregoing obligations of no a and nondisclosure II not apply to any information that (a) has been disclosed in publicly available s es; (b) is, fau he Consultant disclosed in a publicly available source; (c) is in rightful possession o Con o tion of confidentiality; (d) is required to be disclosed by operation of law; or (e) is in develope the Consultant without reference to information disclosed by the City. Con'T01111111WIFovenants 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 23-11QItY Council Pre -Employment Medical Sark%ninW&rvices 1 /16QQa2$ of 34 (9) CITY OF SANTA ANA 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 Citontractor, and supersedes any and all other agreements, oral or written, between the parties. In the eveonflict between the terms of this Agreement and any attachments hereto, the terms of this Agreeme4:;P, his greement may not be modified except by written instrument signed by the City and by ar tative of Contractor. The parties agreethat any terms or conditions of any purchase ord nt that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind ornt or the On.. Each party to this Agreement acknowledges that no representations, inducements, eements,or otherwise, have been made by any party, or anyone acting on behalf of any party, whichbodied Inasmuch as this Agreement is intended to secure the specia not assign, transfer, delegate, or subcontract any intere/herany such assignment, transfer, delegation or subcontracnull and void. Nothing in this Agreement shall be consimit which are the subject to this Agreement performed bynel This Agreement may be terminated by, event, Consultant shall be entitled to receive performed by Consultant prior to receipt of such As a condition o City all work pro the property of the for such purposes as 0an Cd`hsultant may of the City and ll be considered of the services retained by City. 30) days written notice of termination ky Consultant compensation for all bject to the following conditions: In such services irector may require Consultant to deliver to the t, and in such case such work product shall be nd Consultant consents to the City's use thereof fails to meet the standard of performance specified in 16 of any condition, or any right or remedy contained in or granted by the provisions ✓e unless it is in writing and signed by the party waiving the breach, failure, right ach, failure or right, or remedy shall be deemed a waiver of any other breach, r not similar, nor shall any waiver constitute a continuing waiver unless the writing Thi re as been executed and delivered in the State of California and the validity, interpretation, performen rcement 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 23-11QItY Council Pre -Employment Medical Slk%ninWilervices 1/1 6Qof 34 (9) CITY OF SANTA ANA 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 Agreemen shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or c d mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this n, 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, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Fax: A party may cha is ess by�ig notice in writing to the other party. Thereafter, any communication shall b d and tra d to the new address. If sent by mail, communication shall be effective or deemed to h en three ( ys after it has been deposited in the United States mail, duly registered or certified, wi stage prepaid, and a sed asset forth above. If sent by fax, communication shall be effective or deemed to ve been ty- (24) hours after the time set forth on the transmission report issued by the tr ittin a ine ddressed as set forth above. For purposes of calculating these time frames, we eral, stat ounty or City holidays shall be excluded. 20. MISCELLA S PROVISIONS ndersigned 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. 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. 23-11QItY Council Pre -Employment Medical Slk%nin�Qrvices 1 / 1 6QQa24 of 34 ate?)CITY OF SANTA ANA 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director [INSERT] Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: 23-11QItY Council Pre -Employment Medical Slk%nin�gervices 1 / 1 6QQa24 of 34 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on the services performed, for services described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Attach additional pages as needed. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. TYPE OF MEDICAL PROCEDURE ESTIMATED # OF TESTS COST PER TEST ESTIMATED TOTAL COST LEGAL NAME OF COMPANY BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT SIGNATURE OF AUTHORIZED AGENT DATE PHONE AND FAX NUMBERS TITLE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11Qity Council Pre -Employment Medical Slk%nin�Zrvices 1/1 6Qof 34 (9) CITY OF SANTA ANA ATTACHMENT B 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: Address: Contract Amount: Contact Individual: Phone Number: . EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: Contract Amount: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contract Amount: Contact Individual: Phone Number: . EMAIL: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11QIty Council Pre -Employment Medical Slk%n n�lrvices 1 / 1 6QQaZ4 of 34 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11Qity Council Pre -Employment Medical Slk%nln� ervices 1/1 64of 34 a CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , 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 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11Qity Council Pre -Employment Medical Slk%nln�&rvices 1/1 6QQaZ4of 34 (9) CITY OF SANTA ANA ATTACHMENT E 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 Form-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: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11QIty Council Pre -Employment Medical Slk%nln�Orvices 1 / 1 6QQaZ4 of 34 a CITY OF SANTA ANA ATTACHMENT F 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, 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. 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. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, 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 23-11Qity Council Pre -Employment Medical SU%Mi ?ervices 1/1 6Qof 34 a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23-11Qity Council Pre -Employment Medical Slk%nln�&rvices 1 /16QQaZ$ of 34 DocuSign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815FBo9Dl2D8 AGREEMENT WITH CONCENTRA MEDICAL CENTER THIS AGREEMENT is made and entered into on this 16th day of January, 2024 by and between Occupational Health Centers of California, Inc., A Medical Corporation doing business as Concentra Medical Center ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of pre -employment medical examinations and screenings, post -exposure medical examinations and screenings, fitness for duty examinations, Department of Motor Vehicles ("DMV") commercial classification driver's license physical examinations, certain Department of Transportation ("DOT") related drug and alcohol examinations and screenings, and California Occupational Safety and Health Act ("OSHA") occupational testing. To that end, City released Request for Proposal ("RFP") 23-115. B. Consultant represents that Consultant is able and willing to provide such services to the City and submitted a proposal in response to RFP 23-115. C. City evaluated all proposal submitted in response to RFP 23-115 based on the vendor's qualifications and experience, demonstrated knowledge of a variety of medical services, ability to fulfill scope of work, availability and convenience of services, cost competitiveness and responsiveness and selected Consultant. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $750,000 consisting of $450,000 for the Initial Term and $150,000 for each of the optional one (1) year Page 1 of 9 #335916v1 City Council 18 — 39 1/16/2024 DocuSign Envelope ID: A55F15C0-1E47-4E4E-AD3E-815FB09D12D8 renewals. b. The pricing set forth in Exhibit B shall be eligible for an increase of up to five percent (5%) at the beginning of the third year and any potential option years with communications to the City of intent to increase with at least six (6) months' notice in writing. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. d. 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 January 31, 2024 for a three (3) year term ending January 30, 2027 with the option for the City to grant up to a two (2) one (I) -year renewals, exercisable by a writing signed by the Consultant, 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. S. 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 Page 2 of 9 #335916v2 City Council 18 — 40 1/16/2024 DocuSign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815FB091)12D8 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, its agents, representatives, employees or subcontractors. 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 $2,000,000 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 Page 3 of 9 #335916v1 City Council 18 — 41 1/16/2024 DocuSlgn Envelope ID: A55F15Ca-1 E47-4E4E-AD3E-815FB09D12D8 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 Contractor'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. 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. Page 4 of 9 #335916vl City Council 18 — 42 1/16/2024 DocuSign Envelope ID: A55F15C0-1 E47-4E4E-AD3E-815FB09D12D8 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 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 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 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 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. Page 5 of 9 #33591Gvl City Council 18 — 43 1/16/2024 DocuSign Envelope ID: A55FI509-1 E47-4E4E-AD3E-815FB09D12D8 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 snake 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 (c) 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. Page 6 of 9 #335916vl City Council 18 — 44 1/16/2024 DocuSign Envelope ID: A55F15Co-1 E47-4E4E-AD3E-815FBo9D12D8 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 panties. 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 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 Contractor, 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 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, 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, Page 7 of 9 #335916vl City Council 18 — 45 1/16/2024 DocuSign Envelope ID: A55F15G0-1E47-4E4E-AD3E-815FB09D12D8 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 With courtesy copies to: Executive Director, Human Resources Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Kathy T. Le, M.D. MPH President and Treasurer Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers 5080 Spectrum Drive, 1200 West Tower 933591 Addison, Texas 75001 City Council 18 — 46 1/16/2024 ❑ocu5ign Envelope 0 A55F15CO-1E47-4E4E-AD3E-815FB09D12D8 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. NUSCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: a41um � � 1.CU- Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: l� Ramon Figueroa CJ Executive Director (A4- A Human Resources Agency #335916vl CITY OF SANTA ANA Steven Mendoza Acting City Manager CONSULTANT: occupational Health Centers of California, A Medical corporation, dba Concentra Medical Centers D.. lBrigne by; aAfyi'te, M.D. MPH 2 18 2023 President and Treasurer Page 9 of 9 City Council 18 — 47 1/16/2024 DocuSign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815F809D12D8 EXHIBIT A SCOPE OF SERVICES City Council 18 — 48 1/16/2024 Docu5ign Envelope ID: A55F15C0-1F47-4F4F-AD3E-815FB09D12D8 E1' CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Consultant small perform services as set forth below: GENERAL REQUIREMENTS Consultant shall be an independent contractor capable of providing experienced, knowledgeable, licensed and professional staff. Consultant shall be responsive and maintain excellent working relationships with City residents, businesses, government officials and City staff. Consultant shall provide adequate staffing levels at all times and adhere to established schedules. Consultant shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to the Americans with Disabilities Act (ADA), the Health Insurance Portability and Accountability Act (HIPAA), the Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, the U.S. Department of Transportation (DOT) rules and regulations, and the California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) II. DESCRIPTION AND SCOPE OF SERVICES A. The City of Santa Ana is issuing this RFP for a medical services review program; such program to include organizing, scheduling, managing, and/or evaluating a comprehensive range of medical services and examinations, including but not limited to - I. For prospective and current City employees to perform the duties of the position for which they are being considered (pre -employment assessments), using pre -determined medical protocols for each job classification such protocols may be modified by the physician, in consultation with the City's Executive Director of the Human Resources Department, or his/her designee, as is necessary to make a determination as to suitability for employment; 2. For current City employees being considered for employment in DOT and non -DOT positions requiring pre -placement or pre -assignment drug screens; 3- Fitness for Duty examinations (industrial and non -industrial), and provide reports and recommendations regarding the suitability of current employees to continue to perform their duties; 4. Urine and breath specimen collection, laboratory analysis and Medical Review Officer (MRO) responsibilities-, 5. DMV Driver's License physical examinations; 6. DOT -mandated drug and alcohol testing of employees considered 'safety sensitive' as defined under DOT regulations and City policy. Consultant shall ensure all such testing complies with DOT testing procedures as per 49 CFR, Part 40; such testing to include pre -employment and pre -assignment. 13. City shall be responsible for the organization, scheduling, and management of DOT and non -DOT random and reasonable suspicion drug and alcohol testing, and DOT post -accident drug and alcohol testing. Consultant shall evaluate results of said testing, in accordance with the provisions of the Agreement and relevant laws and regulations. 2 City Council 18 — 49 1/16/2024 DocuSign Envelope ID: A55F75C0-1E47-4E4E-AD3E-815FB09D12D8 pry ,,.!r'1' CITY OF SANTA ANA C. Consultant shall ensure clinic(s) used for DOT -related drug and alcohol testing maintain a current valid contract with a Substance Abuse and Mental Health Services Administration (SAMSHA)- certified laboratory that is agreed upon with the City of Santa Executive Director of Human Resources throughout the entire terra of the awarded agreement, including any extension periods. Consultant shall ensure turn -around time from specimen collection to obtained test results shall be a maximum of three (3) working days for a negative test, and a maximum of five (5) working days for a positive test. D. As part of the medical services review program, Consultant shall: 1. Analyze current job classification specifications and make recommendations for the City's use in the pre -employment medical examination and drug testing process, random drug screen inclusion for safety sensitive positions inclusive of Department of Justice (DOJ) regulations, and occupational injury medical examination for return-to-work/fitness for duty. 2. Provide training to Human Resources personnel in administration procedures of Consultant's medical services review process. 3. Communicate with City Human Resources staff regarding applicants' or employees' progress throughout the medical services review process. 4. Communicate directly with applicants and City Human Resources staff throughout the pre- employment or pre -assignment process in regard to results and medical conditions as ascertained through the medical or physical examinations. 5. Provide an electronic final report in a format established by City Human Resources staff at its sole discretion, outlining each candidate's pre -employment placement medical evaluation and results. 6. Provide quarterly electronic activity reports, in a format established by Human Resources in its sole discretion, on the nature and number of examinations conducted, including but not limited to results and final dispositions. 7. Provide a detailed quarterly explanation and summary of charges incurred. 8. Provide all quarterly and annual summaries as required under the DOT. 9. Provide consultation as needed to Human Resources staff regarding medical services provided and outlined in the Agreement. 10. Consultant solely shall review all pre-employment/pre-placement medical evaluation services and maintain records, pursuant to the Agreement, in accordance with State and Federal laws, or as otherwise reasonably required by the City, and to the fullest extent permitted by law. 11, Consultant agrees to permit duly -authorized agents and employees of the City to review such records. 12. Consultant shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the fee paid under this Agreement. Consultant will make materials available at their offices at reasonable times and notice, during the period of the Agreement and for three (3) years after date of final payment under the Agreement for inspection by the City or by any other governmental entity or Department participating in the funding of the Agreement, or any authorized agents thereof. 13. Consultant's documents shall not be used, duplicated, or disclosed to any other third party without written permission from the City, unless such disclosure is required by law. Consultant shall not be required to create or maintain books and records not required in the ordinary course of Consultant's business operations, nor will the Consultant be required to disclose any information, including but not limited to product cost or pricing data, which Consultant considers confidential or proprietary. 14. Any Agreement changes which are mutually agreed upon by and between the parties shall be incorporated in written amendments to the Agreement. 2 34 City Council 18 — 50 1/16/2024 DocuSign Envelope ID: A55F15CO-1E47-4E4E-AD3F-815FB09012D8 aCITY OF SANTA ANA 15. If the circumstances on a particular hearing and/or court proceeding warrant the presence of a competent and knowledgeable representative of the Consultant, in the sole discretion of the City, City will request and contractor shall provide such representative, at no additional cost to City. E. Additionally, as part of the medical services review program, Consultant shall: 1. Maintain a network of qualified and trained medical providers and medical specialists for necessary exams; 2. Orient City staff in the legal/medical/risk management and human resources aspects of Consultant services; 3. Communicate directly with applicants to obtain the confidential medical information that is needed for clearance for a particular job; 4. Manage all bill review functions for the medical exams performed by clinics; and, 5. Provide access for City staff to Consultant's tracking system. F. Depending on job classification, pre -employment, and pre -assignment medical examination components may include: 1. job profile review; 2. review of medical history; 3, check vital signs; 4. detailed vision exam, including check of near/far/peripheral vision, Ishihara 14 and primary color; 5. audiogram (if classification has specific occupational noise exposure or critical hearing demands); 6. chest x-ray; 7. EKG or treadmill stress EKG; 8. Spirometry; 9, them panel 20; 10. CBC w/diff; 11. dipstick UA, or UA w/Micro (to lab); 12. venipuncture & collection. G. Individual medical exams, such as post exposure, fit for duty, or others, may include one or more of the following: 1. Audiogram 2. Back X-ray 3. Blood Lead Level ZZP 4. Blood screens — 7 panel drug screen 5. Blood chemistry profile (SMA 24 or equivalent) 6. Complete blood count (CBC w/diff) 7. Chest X-ray 8. DMV Physicals 9. Electrocardiogram 10. Hepatitis "A" blood screen 11. Hepatitis "B" blood screen 12. Hepatitis "B" booster 13, Hepatitis "B" titer 14. Hepatitis "B" Vaccine 15. Hepatitis "A" Vaccine 23 449 W44013611 98pslipiRg gepodees page q8 4 City Council 18 — 51 1/16/2024 DocuSign Envelope ID: A55F15CO-1 E47-4E4E-AD3E-815FBO9D12D8 aCITY OF SANTA ANA 16. Hepatitis "C" blood screen 17. HIV blood screen 18. Pulmonary function test 19. Respirator Fit test 20. Respirator Physical 21. Respirator Questionnaire if PX is not required with clearance 22. TB test 23. Urinalysis with microscopy (UA w/micro) 24. Urinalysis with dipstick (Dipstick UA) III. IMPLEMENTATION Upon award of the Agreement, City shall work with Consultant to develop effective implementation protocols to ensure Services commence on January 31, 2024. 23-11 F v—F—Pl q'— r NA i—I c� oa mac,.=Ges Wang@ ')n-�.f 24 City Council 18 — 52 1/16/2024 DocuSign Envelope ID: A55F15C0-1 E47-4E4E-AD3E-815FBD9D12D8 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 18 — 53 1/16/2024 DocuSign Envelope ID: A55F15CO-1 E47-4E4E-AD3E-815FB09D12138 aCITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal_ Proposal Item Price - Pricing shall be based on the services performed, for services described in Exhibit I. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Attach additional pages as needed. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. TYPE OF MEDICAL PROCEDURE ESTIMATED # OF TESTS COST PER TEST ESTIMATED TOTAL COST Audiogram 77 $40.00 $3,080 Back X-Ray Unknown $60.00 Per Test Blood Lead Level ZZP Unknown $64,00 Per Test Breath Alcohol Test Unknown $38.00 Per Test Blood Chemistry Profile (SMA 241Equivalent) 86 $83,00 $7,138 Complete Blood Count (CBC wlDiff) 86 $55.00 $4,730 Chest X-Ray 1 View 92 $74.00 $6,808 Occupational Health Centers of California, a Medical Corporation dba Concentra Medical Centers 714,288.8303 714 744-1991 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 1045 North Tustin St., Orange, CA 92867 BUSINESS ADDRESS Kathy T. Le, MD, MPH President and Treasurer OF AUTHORIZED AGENT TITLE August 30, 2023 dhaubner@concentra.com (contact) THORIZED AGENT DATE E-MAIL ADDRESS NA FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 23.1 1 r-,-, nn Con 1229., 20 Q9 al City Council 18 — 54 1/16/2024 DocuSign Envelope 1D: A55F15CO-1E47-4E4E-AD3E-815FB09D12D8 Additional Pricing Concentra appreciates the opportunity to present our proposed fee schedule. We affirm all information contained herein is current, complete, accurate, and remains valid for 180 days following the date of our submittal Estimated # of tests based on T12 actual where applicable TB Test $39 168 Urinalysis with microscopy (UA wlmicro) $29 86 Urinalysis with dipstick (dipstick UA) $29 Unknown Court Fee Proceedings $250-00 per Unknown hour Vision (Titmus) $39 Unknown Vision (Ishihara 14 panel) $23 118 Treadmill Stress Test $150 Unknown Chem Panel 23 $83 86 CBC wldiff $55 86 Venipuncture $35 Unknown Collection Fee $23 2 Lipid Panel $60 86 Physical PrePlacement $84 365 Rapid 10 panel UDS $95 18 Non Reg UDS 10 Panel $75 190 Note regarding any applicable immunization services: After the first twelve months of an awarded and executed contract, if the current market price for the above services change due to market conditions, demand(s) and/or shortage(s), the City would be billed the then current market rate. City Council 18 — 55 1/16/2024 Docu5ign Envelope ID: A55F15CO-1E47-4E4E-AD3E-815FB09D12D8 Additional Pricing Concentra appreciates the opportunity to present our proposed fee schedule. We affirm all information contained herein is current, complete, accurate, and remains valid for 180 days following the date of our submittal. Estimated # of tests based on T12 actual where applicable DMV Physical $104 Unknown Electrocardiogram (EKG) $68 38 Hepatitis "A" blood screen $67 Unknown Hepatitis "B" blood screen $67 Unknown Hepatitis B Surface Antigen 498SB $63 Unknown Hepatitis "B" booster $83 Unknown Hepatitis "B" titer $65 Unknown Hepatitis "B" vaccine $105/x3 Per shot/set of 3 Hepatitis "A" vaccine $1451x2 Per shot/set of 2 Hepatitis "C" blood screen $65 Unknown HIV blood screen $86 Unknown Pulmonary Function Test (Spirometry) $46 87 Respirator Fit Test $53 Unknown Respirator Physical $92 Unknown Respirator Questionnaire $33 Unknown Blood Screens-7 Panel Drug Screen N/A N/A Note regarding any applicable immunization services: After the first twelve months of an awarded and executed contract, if the current market price for the above services change due to market conditions, demand(s) and/or shortage(s), the City would be billed the then current market rate. City Council 18 — 56 1/16/2024 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Event Equipment Rental Services AGENDA TITLE Second Amendment to Agreement with Al Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $45,000 per Year through March 31, 2025, for a Total Increase of $90,000 and New Agreement Total of $540,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to an agreement with Al Party Rental for event equipment rental services at City events to increase the annual amount by $45,000 per year through March 31, 2025, for a total increase of $90,000 and new agreement total of $540,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On April 5, 2022, the City entered into an agreement to Al Party Rental for equipment rental services at City Events. The award was made through a competitive Request for Proposal (RFP) process, whereby Al was selected. On October 4, 2022, an amendment was issued to increase the annual amount by $64,000 per year through March 31, 2025 to accommodate the additional events that the Parks, Recreation, and Community Services agency undertook. The size of City events such as Fourth of July, Chicano Heritage Festival, Fiestas Patrias, Mid -Autumn Festival, and Winter Village continues to grow. Additionally, the City is adding the Tet Festival, which will require an additional estimated $10,000 per year in services provided under the agreement with Al. Therefore, the City is requesting an agreement increase of $45,000 per year to cover the increase of existing and new events. City Council 19 — 1 1/16/2024 Event Equipment Rental Services January 16, 2024 Page 2 FISCAL IMPACT Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following year subject to City Council approval. Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 23-24 01113230-62300 General PRCSA-Recreation and $45,000 Fund Community Services -Contractual Services Professional FY 24-25 01113230-62300 General PRCSA-Recreation and $45,000 Fund Community Services -Contractual Services Professional EXHIBIT(S) 1. Agreement Amendment Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Tom Hatch, Interim City Manager City Council 19 — 2 1/16/2024 SECOND AMENDMENT TO AGREEMENT WITH Al PARTY RENTAL TO PROVIDE INSTALL AND REMOVE RENTAL EQUIPMENT FOR VARIOUS CITY EVENTS THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2024, by and between Al Party Rental ("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 ("Ci#y"). RECITALS A. The parties entered into Agreement No. A-2022-050 ("Agreement") dated March 15, 2022, to provide equipment rentals for various events conducted by the City's Parks, Recreation, and Community Services Agency for a three (3) year term. The Agreement remains in effect through March 31, 2025. B. On October 4, 2022, the parties entered into a First Amendment to the Agreement (#A-2022- 192) to increase the overall annual compensation for services during the remainder of the term of the Agreement. C. The parties wish to further amend the Agreement to increase the overall annual compensation for years 2 and 3 of the Agreement to accommodate additional events. The Parties therefore agree: SecttQ- -aa-, Compensation, is hereby amended to increase the annual compensation by an additional-$45,000 for years 2 and 3 of the term of the Agreement and increase the overall compensation to the Agreement in an amount not -to -exceed Five Hundred and Forty Thousand Dollars and Zbro Cents ($540,000). 2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page follows] Page I of 2 City Council 19 — 3 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ndon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager Al PARTY RENTAL O By: �G Nt r7 n7 i �.1 Z Title: C. 0 t3 Page 2 of 2 City Council 19 — 4 1/16/2024 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 January 16, 2024 TOPIC: Traffic Control Equipment and Services at City Events AGENDA TITLE Second Amendment to Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events to Increase the Total Agreement Not To Exceed Amount by $185,000 through March 31, 2025, for a New Total Not to Exceed Amount of $400,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events to increase the total agreement not to exceed amount by $185,000 through March 31, 2025 for a new total not -to -exceed amount of $400,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On April 5, 2022, the City entered into an agreement to California Barricade, Inc. for traffic control equipment and services for City events. The award was made through a competitive Request for Proposals (RFP) process, whereby California Barricade Rentals, Inc. was selected. On June 6, 2023, the City approved an amendment to increase the agreement amount by $65,000 to fund additional Parks, Recreation, and Community Services Agency (PRCSA) events as well as other future Police Department community events requiring these services. Out of the $65,000 amendment, $40,000 was allocated to PRCSA and $25,000 was allocated to the Police Department. Staff is requesting an increase of $185,000 through the end of the contract. This past year, the Fiesta Patrias Parade increased the need by $55,000 and $65,000 is anticipated for next year ($120,000 total). The newly added Tet Festival is anticipated to need $15,000 for each of the two upcoming years ($30,000 total) and, due to the size last year, the Egg Hunt is anticipated to need an increase of $5,000 each year as well ($10,000 total). Lastly, staff is requesting $20,000 for any unanticipated need in services. City Council 20-1 1/16/2024 Traffic Control Equipment and Services at City Events January 16, 2024 Page 2 FISCAL IMPACT Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following year subject to City Council approval. Expenditure amounts may differ from year to year, but will remain within the total agreement amount. Fiscal Year Accounting Unit -Account Fund Description Accounting Unit, Account Description Amount FY 23-24 01113230- General PRCSA-Recreation and $62,000 62300 Fund Community Services - Contractual Services Professional FY 24-25 01113230- General PRCSA-Recreation and $123,000 62300 Fund Community Services - Contractual Services Professional EXHIBIT(S) 1. Second Amendment Submitted By: Hawk Scott, Executive Director of PRCSA Approved By: Tom Hatch, Interim City Manager City Council 20 — 2 1/16/2024 SECOND AMENDMENT TO AGREEMENT WITH CALIFORNIA BARRICADE RENTALS. INC.. TO PROVIDE TRAFFIC CONTROL EQUIPMENT AND SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2024, by and between California Barricade Rentals, Inc., a California corporation dba California Barricade ("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. Following Request for Proposal ("RFP") No. 21-139, the parties entered into Agreement No. A-2022-049 ("Agreement") dated April 5, 2022, to retain a qualified contractor to provide traffic control equipment and services for the City's Parks, Recreation, and Community Services Agency. The Agreement is in full force and effect through March 31, 2025. B. On June 6, 2023, the Parties entered into a First Amendment to the Agreement (#A-2023- 096) to revise the terms to the compensation language and increase the overall not -to - exceed amount to the Agreement. C. The parties now wish to further amend the Agreement to increase the compensation under the Agreement by $185,000 for additional City events and cover increased costs. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to increase the overall compensation to the Agreement in an amount not -to -exceed Four Hundred Thousand Dollars and Zero Cents ($400,000). 2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page follows] City Council 20 — 3 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: Bra Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation and Community Services Agency Thomas R. Hatch Interim City Manager CONTRACTOR By: David F. Tangitau Title: President City Council 20 — 4 1/16/2024 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Cabrillo Tennis Center AGENDA TITLE Second Amendment to the Agreement with Matchpoint Tennis Academy LLC ("Matchpoint) for the Management, Operation, and Maintenance of the Cabrillo Tennis Center RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with Matchpoint Tennis Academy LLC to adjust the terms and conditions of Section 4 in the agreement and reduce the term from 15 years to 10 years with an expiration date of December 31, 2029 with the option for a one 5-year extension (Agreement No. A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On December 17, 2019, the City Council approved a license agreement with Matchpoint Academy LLC for the operation and maintenance of the Cabrillo Tennis Center for a 15- year term from January 1, 2020 to December 31, 2034. As part of the agreement, Matchpoint agreed to begin Cabrillo Tennis Center facility improvements including the installation of two (2) clay tennis courts; the installation of one (1) center tennis court; the installation of a fence, in accordance to Park Maintenance Division standards, around the entire facility; all lighting at the facility to be retrofitted to LED lighting; and replace two (2) air conditioning units. All facility improvements were scheduled to be completed by December 31, 2023. As a result of the COVID-19 pandemic, engineering and construction progress was delayed for the installation of the clay tennis courts, the installation of the center tennis court, and the installation of the fence around the facility. An amendment was approved to extend the deadline for Matchpoint to complete the installation of two (2) clay tennis courts at the Facility for six (6) months until June 30, 2021. City Council 21 — 1 1/16/2024 Cabrillo Tennis Center January 16, 2024 Page 2 However, due to longer than anticipated construction delays resulting from the COVID- 19 pandemic, staff is requesting additional time for the facility improvements. With that consideration and in order to avoid future breach of contract scenario, the Parks, Recreation and Community Services Agency (PRCSA) is recommending that 1) Delivery dates associated with Subsections 4.1, 4.2, and 4.3 of the original agreement be adjusted; and 2) the term of the agreement be reduced from fifteen (15) years to ten (10) years in order to ensure Matchpoint is accountable for the terms and conditions in the agreement. After several meetings with Matchpoint representatives, the following amendments are being proposed to provide additional time for the facility improvements to be made. Facility Improvement Original Term & Condition Amended Term & Condition 4.1 Installation of two (2) clay Installed and operational no Installed and operational no tennis courts later than December 31, later than December 31, 2020 2025 4.2 Installation of one (1) Installed and operational no Installed and operational no center tennis Court later than December 31,2023 later than December 31, 2026 4.3 Fencing to be installed Fence to be completed no Fence to be completed no around the entire facility later than December 31, later than December 31, 2023 2027 The City recognizes under Section 4.0 Improvements to the Facilities that Subsections 4.4 and 4.5 have been completed and have met the terms and conditions of the original agreement. Both the City and Matchpoint agree that all other terms and conditions agreed to in the original agreement will remain unchanged. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Agreement Amendment Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Tom Hatch, Interim City Manager City Council 21 —2 1/16/2024 SECOND AMENDMENT TO AGREEMENT FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE CABRILLO TENNIS CENTER THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2024. by and between Matchpoint Tennis Academy LLC, a Califomia limited liability company ("Matchpoint") 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 December 17, 2019, City and Matchpoint entered into Agreement (A-2019-241) for the management, operation, and maintenance of the Cabrillo Tennis Center ("Facility") located at 800 N. Cabrillo Park Drive, Santa Ana, California ("Agreement"). B. On April 1, 2020, City and Matchpoint executed a First Amendment (A-2020-060) to the Agreement to allow for additional time to complete installation of two (2) clay tennis courts at the Facility because of the closure of the Facility due to the COVID-19 pandemic ("First Amendment"). C. The Agreement remains in effect through December 31, 2034. D. Pursuant to the terms of the Agreement and First Amendment, Matchpoint is required to make certain improvements to the Facility, including the installation of two (2) clay tennis courts at the Facility no later than June 30, 2021, one (1) center tennis court at the Facility no later than December 31, 2023, and fencing to be installed around the entire Facility no later than December 31, 2023. E. As a result of the global Coronavirus (COVID-19) pandemic, engineering and construction progress was delayed for the installation of the clay tennis courts, the installation of the center tennis court, and the installation of the fence around the Facility. F. The parties now wish to amend the Agreement to reduce the term of the Agreement and adjust the delivery dates associated with the installation of the clay tennis courts, center tennis court, and the fence around the Facility. The Parties therefore agree: 1. Section 2.0, TERM OF AGREEMENT, is hereby amended to reduce the term of this Agreement to ten (10) years from the commencement date of January 1, 2020 and shall expire on December 31, 2029, with the option for one (1) five (S) year extension exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in conformance with Sections 9 and 10 of the Agreement. 2. Section 4.0, IMPROVEMENTS TO THE FACILITIES, subsections 4.1, 4.2, and 4.3 are hereby amended to read as follows: Page 1 of 2 Section 4.1 Operator shall, in connection with its maintenance responsibilities, cause two (2) clay tennis courts to be installed at the Facilities in a location determined by the City. The two (2) clay tennis courts shall be completed and operational no later than December 31, 2025. All costs association with construction of the two (2) clay tennis courts shall be paid by Operator. Section 4.2 Operator shall, in connection with its maintenance responsibilities cause one (I ) center tennis court to be installed at the Facilities in a location determined by the City. The one (1) center tennis court shall be completed and operational no later than December 31, 2026. All costs associated with construction of the one (I ) center tennis court shall be paid by Operator. Section 4.3 Operator shall, in connection with its maintenance responsibilities cause a fence to be installed around the entire Facilities in a location determined by the City. City will have final approval of the location, material and design of the fence. The fence will be completed no later than December 31, 2027. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: --Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Thomas R. Hatch Interim City Manager MATCHPOINT TENNIS ACADEMY, LC� , Name: C(S De v� r4VLt t Title: tie. j-6-Yl rilcx; <CtV 1r Page 2 of 2 City Council 21 — 4 1/16/2024 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Approval of a Historic Property Preservation Agreement AGENDA TITLE Historic Property Preservation Agreements RECOMMENDED ACTION 1. Authorize the City Manager or designee to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s). Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Charles William Lake and Julie S. Lake, as 5:0:0:3 Trustees of the (Commissioners Charles William Lake 2023-10 2028 N. Greenleaf Hardy, Cornelious, and Julie S. Lake Street and Escamilla 2002 Family Trust absent) Dated September 20, 2002 5:0:0:3 Daniel and Robbyn 1607 N. Freeman (Commissioners Taylor 2023-11 Street Hardy, Cornelious, and Escamilla absent 2. Determine that, in accordance with the California Environmental Quality Act, the proposed projects are exempt for further review as Categorical Exemptions ER No. 2023-105 and 2023-107 will be filed for the projects. GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On November 2, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements with the identified property owners for historic structure(s) in the City, City Council 22 — 1 1/16/2024 Approval of Historic Property Preservation Agreement January 16, 2024 Page 2 subject to non -substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number 2023-10 and 2023-11. 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. 2023-105 (2028 North Greenleaf Street) • ER No. 2023-107(1607 North Freeman Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,746.94 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2023-105 2028 North Greenleaf Street $776.74 1-2 2023-107 1607 North Freeman Street $970.20 3-4 Total for All Properties: $1,746.94 EXHIBIT(S) 1. Mills Act Agreement — 2028 North Greenleaf Street 2. HRC Staff Report — 2028 North Greenleaf Street 3. Mills Act Agreement — 1607 North Freeman Street 4. HRC Staff Report — 1607 North Freeman Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 22 — 2 1/16/2024 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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, (hereinafter collectively referred to as "Owner"), owner of real property located at 2028 North Greenleaf 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 2028 North Greenleaf 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 Exhibi?? — 3 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf 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 January 17, 2024, 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 "Executive Summary" attached hereto, marked as Exhibit 131, and "Historical Property Description" attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, City Council 22 — 4 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." Repair of the leaded glass window, roof repairs as needed, and general window maintenance/repair work, shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. City Council 22 — 5 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (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. City Council 22 — 6 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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 2028 North Greenleaf Street, Assessor Parcel Number, 002-081-22, 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 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. C. This property is listed in the Santa Ana Register of Historical Properties (Register) and is located in the Floral Park National Register Historic District. In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register and is located within the Floral Park National Register Historic District. 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 City Council 22 — 7 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 Attn: Clerk of the Council Owners: Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 Attn: Charles William Lake and Julie S. Lake 2028 North Greenleaf 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. 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. City Council 22 — 8 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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 22 — 9 1/16/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: ;3Z4�-- BRANDON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager By: CHARLES WILLIAM LAKE Trustee, Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 By: JULIE S. LAKE Trustee, Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 22 — 10 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf 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 6 AND THE NORTH 3 FEET OF LOT 7 OF TRACT NO. 813, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. Assessor's Parcel Number: 002-081-22 City Council 22 —11 1/16/2024 EXECUTIVE SUMMARY Exhibit 6 C.P. Johnson House 2028 North Greenleaf Street Santa Ana, CA 92706 NAME C.P. Johnson House REF. NO. ADDRESS 2028 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT Floral Park National Register Historic District 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: 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 C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Tudor Revival style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style (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.) 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 22 — 12 1/16/2024 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 5 Resource name(s) or number (assigned by recorder) C.P. Johnson House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 2028 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-081-22 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The C.P. Johnson House is a one -story -with -attic, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District (Figure 1). The asymmetrical residence exhibits an irregular - shaped plan with a complex, multi -gable roof system clad in asphalt shingles. The primary (east) facade contains a steeply pitched front gable crossed with and a side -gable that has a tiered roofline. Its steeply pitched roof form is reflective of the French Eclectic style. A central, stucco -clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) facade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable (Figure 2). The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind a wrought iron decorative grill and metal hardware (Figure 3). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (East) elevation, view west, August 2023 *P6. Date Constructed/Age and Sources: ■historic 19281 City of Santa Ana Building Permits *P7. Owner and Address: Charles and Julie Lake 2028 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 2, 2023 *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 22 — 13 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: C.P. Johnson House B1. Historic Name: C.P. Johnson House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Tudor Revival Style *136. Construction History: (Construction date, alterations, and date of alterations): August 3, 1928. Permit to construct a residence and garage. $6, 500. September 18, 1933. Rebuild chimney. $10. February 15, 1961. Swimming pool. $2, 500. August 17, 1967. Add to residence (3 rooms and bath). $5,000. July 16, 1998. Reroof. Unknown. Alterations to the detached garage's siding. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Swimming pool, detached garage, open patio at front fagade, front yard circular brick planters, and two cypress trees with manicured hedges and bushes in front yard. 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: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The C.P. Johnson House is architecturally significant as an intact example of a Tudor Revival style house in Santa Ana. According to City building records, it was built in 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929-1930, the subject property was occupied by W. W. Ross. Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935. R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves. The 1946 City Directory was not available. The owner is S.A. Young is listed between the years 1947 and 1954. (See Continuation Sheet 3 of 5). 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 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023 (This space reserved for official comments.) Sketch Map T C.P. Johnson House 2028 North Greenleaf Street h 10 r . — 17 18 19 24 21 ZT II 23 w i6 g NO. B U I I I i I a xl =I a>I 31" s I pl a Z OR]V£ I City Council — 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update *P3a. Description (continued): Fenestration on the primary (east) fagade moving south to north includes a pair of multi -light casement wood windows below the primary front gable; a single, wood -framed leaded -glass square window adjacent to the primary fagade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi -light casement wood windows (Figure 4). The north, south, and rear (west) fagade fenestration pattern is composed of a mix of single, double, and triple casement, multi -light wood windows; multi -light single and double wood doors; along with casement, single, and double - hung wood windows (Figure 5). Three dormers are located at the south side fagade, one dormer is at the north side fagade, and two dormers are along the rear (west) fagade. Second story dormers along the secondary and rear facades contain paired multi -light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer (Figure 6). All original windows throughout include a prominent wood window sill. Additional architectural features include a low, stucco -clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) fagade; a rear porch covered by a canvas canopy at the rear (west) fagade featuring metal railing and a raised platform; a secondary, stucco -clad chimney along the north fagade; hood moldings; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary fagade's main gable; and round vents at each dormer's gable end (except for the small, middle dormer at the south fagade). The rear yard contains a single -story detached garage and a rear pool. The garage's primary (east) fagade is designed with wide horizontal siding and a wood garage door, and the north (side) fagade features narrow horizontal siding with a single wood window and door (Figure 7). The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) fagade. *1310. Significance (continued): By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 - 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property in Circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust, however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants. The C.P. Johnson 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 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. 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 (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. Located in Floral Park, the house cost $6,500 to build in 1928. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the C.P. Johnson House include, but may not be limited to: Irregular -shaped building footprint and massing; asymmetrical primary fagade; complex roof form with multi - gable roof system featuring steeply pitched gables and dormers; large, side -gabled roof visible at the primary fagade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary fagade; primary entrance within a steeply pitched front -facing gable, that features an arched wood door with an arched, operable light behind DPR 523LCIty Council 22 — 15 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood "Date November 2, 2023❑x Continuation ❑ Update decorative wrought -iron grille and metal hardware; all original wood windows throughout which are primarily multi -pane casement and double -hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *612. References (continued): Almendral, Dylan M. "The Home of Dynasties: Historic Home Profile." My Blog. 12 January 2020. Available: https://www.dylanmalmendral.com/bloglthe-home-of-dynasties. Accessed: 1 February 2023. 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 (Orange County Register and 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, 1928-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. DPR 523LCIty COUInCII 22 - 16 1 /16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update Additional Figures: Figure 2. The primary entrance is located within a Figure 3. The main entrance has an operable arched smaller, steeply pitched front gable adjacent to a leaded window behind a wrought iron decorative grill, facing glass window, facing west. east. I II f� Figure 4. A large fixed wood window flanked by multi- Figure 5. Multi -light wood casement and fixed windows, light casement wood windows at the primary (east) facing north. fa ade, facing northwest. Y. Figure 6. Second story dormers at the south (side) Figure 7. A single -story detached garage, facing facade contain paired multi -light casement wood southwest. windows, with the exception of a single fixed wood window DPR523LCIty Council 22 — 17 1/16/2024 MILLS ACT AGREEMENT 2028 North 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 City Council 22 — 18 1/16/2024 MILLS ACT AGREEMENT 2028 North 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. City Council 22 — 19 1/16/2024 Exhibit D Proposed Structure Improvements ("Work Plan") 2028 North Greenleaf Street Item Year Improvement 1 2025 Maintenance/repairs to windows Repair leaded glass window 2 2026 Roof repairs as needed 3 2028 Exterior painting 4 2030 Electrical upgrades City Council 22 — 20 1/16/2024 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 2, 2023 Topic: HRCA No. 2023-19, HRC No. 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-19 and Historic Register Categorization No. 2023-4 (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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Charles and Julie Lake are requesting approval to designate an existing Tudor Revival style residence located at 2028 North Greenleaf 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. The property is worthy of "Key" status due to the building's Tudor Revival style and quality craftsmanship which features a steeply -pitched multi -gable roof; multi - light wood windows; and an arched front door, among other original features. DISCUSSION Project Location and Site Description The subject property is located on the west side of North Greenleaf Street in the Floral Park National Register Historic District in Santa Ana. The site contains a 2,679-square- foot, Tudor Revival style residence and detached garage, on a 8,120-square-foot residential lot (Exhibit 3). Historic Resources Commission 2-1 11 /2/2023 City Council 22 — 21 1/16/2024 Exhibit 2 HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) November 2, 2023 Page 2 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 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 95 years old and is a sound example of period architecture. No known code violations exist on record for this property. The C.P. Johnson House is architecturally significant as an intact example of a Tudor Revival style house in Santa Ana. According to City building records, it was built in 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929 to 1930, the subject property was occupied by W. W. Ross. Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935. R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves. The 1946 City Directory was not available. The owner is S.A. Young is listed between the years 1947 and 1954. By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 and 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust; however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants. The C.P. Johnson House is a one -story -with -attic, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District. The asymmetrical residence exhibits an irregular -shaped plan with a complex, multi -gable roof system clad in asphalt shingles. The primary (east) fagade contains a steeply pitched front gable crossed with and a side -gable that has a tiered roofline. Its Historic Resources Commission 2-2 11 /2/2023 City Council 22 — 22 1/16/2024 HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) November 2, 2023 Page 3 steeply pitched roof form is reflective of the French Eclectic style. A central, stucco -clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) fagade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable. The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind a wrought iron decorative grill and metal hardware. Fenestration on the primary (east) fagade moving south to north includes a pair of multi - light casement wood windows below the primary front gable; a single, wood -framed leaded -glass square window adjacent to the primary fagade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi -light casement wood windows. The north, south, and rear (west) fagade fenestration pattern is composed of a mix of single, double, and triple casement, multi -light wood windows; multi -light single and double wood doors; along with casement, single, and double -hung wood windows. Three dormers are located at the south side fagade, one dormer is at the north side fagade, and two dormers are along the rear (west) fagade. Second story dormers along the secondary and rear facades contain paired multi -light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer. All original windows throughout include a prominent wood window sill. Additional architectural features include a low, stucco -clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) fagade; a rear porch covered by a canvas canopy at the rear (west) fagade featuring metal railing and a raised platform; a secondary, stucco -clad chimney along the north fagade; decorative moldings above exterior first floor windows; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary fagade's main gable; and round vents at each dormer's gable end (except for the small, middle dormer at the south fagade). The rear yard contains a single -story detached garage and a rear pool. The garage's primary (east) fagade is designed with wide horizontal siding and a wood garage door, and the north (side) fagade features narrow horizontal siding with a single wood window and door. The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) fagade. Character -defining features of the C.P. Johnson House include, but may not be limited to: Irregular -shaped building footprint and massing; asymmetrical primary fagade; complex roof form with multi -gable roof system featuring steeply pitched gables and dormers; large, side -gabled roof visible at the primary fagade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary fagade; primary entrance within a steeply pitched front -facing gable, that features Historic Resources Commission 2-3 11 /2/2023 City Council 22 — 23 1/16/2024 HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) November 2, 2023 Page 4 an arched wood door with an arched, operable light behind decorative wrought -iron grille and metal hardware; all original wood windows throughout which are primarily multi -pane casement and double -hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style. This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Tudor Revival style and quality craftsmanship which features a steeply -pitched multi -gable roof; multi -light wood windows; and an arched front door, among other original features. 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 • A mechanism to provide for property rehabilitation • Incentives for potential buyers to purchase historic structures • Discouraging 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. Overall, future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include maintenance/repair of existing wood windows, repair of leaded glass window near entry, roof repairs as needed (which includes covering the Historic Resources Commission 2-4 11 /2/2023 City Council 22 — 24 1/16/2024 HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) November 2, 2023 Page 5 exposed flashing with a compatible roof material), exterior painting, and electrical upgrades, along with general on -going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. 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. 2023-105 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 $776.74 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Historic Resources Commission 2-5 11 /2/2023 City Council 22 — 25 1/16/2024 HRCA No. 2023-19, HRC 2023-4, HPPA No. 2023-10 — C.P. Johnson House (2028 N. Greenleaf Street) November 2, 2023 Page 6 Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 2-6 11 /2/2023 City Council 22 — 26 1/16/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2023-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-19 TO PLACE THE PROPERTY LOCATED AT 2028 NORTH GREENLEAF STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2023-04 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 November 2, 2023, 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. 2023-19) and categorization (Historic Resources Commission Categorization No. 2023-4) of the C.P. Johnson House located at 2028 North Greenleaf Street, Santa Ana. B. The C.P. Johnson House has distinctive architectural features of the Tudor Revival style and was built in 1928. C. The C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. The house displays characteristics of the Tudor Revival style through its use of steeply pitched multi -gable roof; asymmetrical primary facade dominated by one prominent front -facing steeply pitched gable; tall, narrow windows in multiple groups with multi - pane glazing; arched entrance door; prominent chimney; among other original features. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30-2.2). This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Tudor Revival style and quality craftsmanship which features a steeply -pitched multi -gable roof; multi -light wood windows; and an arched front door, among other original features. Character -defining features of the C.P. Johnson House include, but may not be limited to: Irregular -shaped building footprint and massing; asymmetrical primary fagade; complex roof form with multi -gable roof system featuring Historic Resources Commission 2-7 11 /2/2023 City Council 22 — 27 Resolutibin'A?9 :3-XX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 steeply pitched gables and dormers; large, side -gabled roof visible at the primary facade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary facade; primary entrance within a steeply pitched front -facing gable, that features an arched wood door with an arched, operable light behind decorative wrought -iron grille and metal hardware; all original wood windows throughout which are primarily multi -pane casement and double -hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. D. The legal owners of the property are Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002. 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. G. The subject property meets the minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement's term. 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-2023-105 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2023-19 to place the C.P. Johnson House located at 2028 North Greenleaf Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2023-4 placing the C.P. Johnson House located at 2028 North Greenleaf Street, 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. Historic Resources Commission 2-8 11 /2/2023 City Council 22 — 28 Resolutibin1V2023-XX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 2nd day of November, 2023. Tim Rush Chairperson Historic Resources Commission 2 — 9 11 /2/2023 City Council 22 — 29 Resolutibin'A?9 A-XX Page 3 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Srandon Salvatierra Deputy City Attorney F-IVA • •uu •I a-uSTM NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 2, 2023. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 2 - 10 11 /2/2023 City Council 22 - 30 Resolutibin'V9 23-XX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-081-22 2028 North Greenleaf THE LAND REFERRED TO Charles William Street HEREIN BELOW IS SITUATED Lake and Julie S. IN THE COUNTY OF ORANGE, Lake, as STATE OF CALIFORNIA, AND Trustees of the IS DESCRIBED AS FOLLOWS: Charles William Lake and Julie S. LOT 6 AND THE NORTH 3 Lake 2002 FEET OF LOT 7 OF TRACT Family Trust NO. 813, IN THE CITY OF Dated SANTA ANA, COUNTY OF September 20, ORANGE, STATE OF 2002 CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. Resolution No. 2023-XX Historic Rp.-,nt1rCP.s Commission 2 — 11 1 " City Council 22 — 31 1/16/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-19 and Historic Resources Commission Categorization No. 2023-4 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: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2028 North Greenleaf Street, historically known as the C.P. Johnson 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. 2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to the front and side gable roofs, wood windows, and smooth stucco siding) are visible from the public right-of-way. Resolution No. 2023-XX Historic Resources Commission 2 — 12 1 " City Council 22 — 32 1/16/2024 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 Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002, (hereinafter collectively referred to as "Owner"), owner of real property located at 2028 North Greenleaf 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 2028 North Greenleaf 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 22 — 33 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf 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 January 17, 2024, 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 "Executive Summary" attached hereto, marked as Exhibit 131, and "Historical Property Description" attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, Historic Resources C(-)mmissinn 2 — 14 11 /2/2023 City Council 22 — 34 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." Repair of the leaded glass window, roof repairs as needed, and general window maintenance/repair work, shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. Historic Resources Commission 2 — 1.5 11 /2/2023 City Council 22 — 35 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (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. Historic Resources Commission 2 — 16 11 /2/2023 City Council 22 — 36 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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 2028 North Greenleaf Street, Assessor Parcel Number, 002-081-22, 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 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. C. This property is listed in the Santa Ana Register of Historical Properties (Register) and is located in the Floral Park National Register Historic District. In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register and is located within the Floral Park National Register Historic District. 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 Historic Resources Commission 2 — 17 11 /2/2023 City Council 22 — 37 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 Attn: Clerk of the Council Owners: Charles William Lake and Julie S. Lake, as Trustees of the Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 Attn: Charles William Lake and Julie S. Lake 2028 North Greenleaf 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. 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. Historic Resources Cnmmissinn 2 — 1 8 11 /2/2023 City Council 22 — 38 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 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} Historic Resources Commission 2 — 19 11 /2/2023 City Council 22 — 39 1/16/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: ;3Z4�-- BRANDON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2028 North Greenleaf Street Santa Ana, CA 92706 CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager By: CHARLES WILLIAM LAKE Trustee, Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 By: JULIE S. LAKE Trustee, Charles William Lake and Julie S. Lake 2002 Family Trust Dated September 20, 2002 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resources Commission 2-20 11 /2/2023 City Council 22 — 40 1/16/2024 MILLS ACT AGREEMENT 2028 North Greenleaf 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 6 AND THE NORTH 3 FEET OF LOT 7 OF TRACT NO. 813, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 25 PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. Assessor's Parcel Number: 002-081-22 Historic Resources Commission 2 — 21 11 /2/2023 City Council 22 — 41 1/16/2024 EXECUTIVE SUMMARY C.P. Johnson House 2028 North Greenleaf Street Santa Ana, CA 92706 NAME C.P. Johnson House REF. NO. ADDRESS 2028 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT Floral Park National Register Historic District 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: 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 C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Tudor Revival style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style (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.) 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. Historic Resources Commission 2 — 22 11 /2/2023 City Council 22 — 42 1/16/2024 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 5 Resource name(s) or number (assigned by recorder) C.P. Johnson House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 2028 North Greenleaf Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-081-22 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The C.P. Johnson House is a one -story -with -attic, single-family, Tudor Revival Style residence located on a modestly sized parcel in the Floral Park National Register Historic District (Figure 1). The asymmetrical residence exhibits an irregular - shaped plan with a complex, multi -gable roof system clad in asphalt shingles. The primary (east) facade contains a steeply pitched front gable crossed with and a side -gable that has a tiered roofline. Its steeply pitched roof form is reflective of the French Eclectic style. A central, stucco -clad chimney that is capped with lattice and asphalt shingle roofing, and a single vent contained within a decorative dormer, are both located at the primary (east) facade. The exterior of the house is clad in sand finish stucco. An open brick patio at the primary (east) facade contains the primary entrance, which is located within a smaller, steeply pitched front gable (Figure 2). The main entrance is composed of a round wooden door featuring vertical panels and has an operable arched window behind a wrought iron decorative grill and metal hardware (Figure 3). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (East) elevation, view west, August 2023 *P6. Date Constructed/Age and Sources: ■historic 19281 City of Santa Ana Building Permits *P7. Owner and Address: Charles and Julie Lake 2028 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 2, 2023 *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 Historic Resources Commission 2 — 23 11 /2/2023 City Council 22 — 43 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: C.P. Johnson House B1. Historic Name: C.P. Johnson House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Tudor Revival Style *136. Construction History: (Construction date, alterations, and date of alterations): August 3, 1928. Permit to construct a residence and garage. $6, 500. September 18, 1933. Rebuild chimney. $10. February 15, 1961. Swimming pool. $2, 500. August 17, 1967. Add to residence (3 rooms and bath). $5,000. July 16, 1998. Reroof. Unknown. Alterations to the detached garage's siding. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Swimming pool, detached garage, open patio at front fagade, front yard circular brick planters, and two cypress trees with manicured hedges and bushes in front yard. 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: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The C.P. Johnson House is architecturally significant as an intact example of a Tudor Revival style house in Santa Ana. According to City building records, it was built in 1928 for approximately $6,500, for C.P. Johnson; however, the original architect and builder are unknown. From 1929-1930, the subject property was occupied by W. W. Ross. Between 1931 to 1934, L.A. Turner owned and occupied the property. City Directories list Mrs. Matz Turner as the property owner in 1935. R.W. Ashley occupied the property between 1936 and 1937. From 1938 to 1941, W. F. Graves owned the property. No records were available between 1942 and 1944. In 1945, the owner is listed as E.S. Ulves. The 1946 City Directory was not available. The owner is S.A. Young is listed between the years 1947 and 1954. (See Continuation Sheet 3 of 5). 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 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023 (This space reserved for official comments.) Sketch Map T C.P. Johnson House 2028 North Greenleaf Street h 10 r . — 17 18 19 24 21 ZT II 23 w i6 g NO. B U I I I i I a xl =I a>I 31" s I pl a Z OR]V£ I City Council 1/16/2024 Historic Resources Commission 2 — 24 11/2/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update *P3a. Description (continued): Fenestration on the primary (east) fagade moving south to north includes a pair of multi -light casement wood windows below the primary front gable; a single, wood -framed leaded -glass square window adjacent to the primary fagade; a single, fixed narrow window with decorative exterior wooden bars; and a larger fixed wood window flanked by multi -light casement wood windows (Figure 4). The north, south, and rear (west) fagade fenestration pattern is composed of a mix of single, double, and triple casement, multi -light wood windows; multi -light single and double wood doors; along with casement, single, and double - hung wood windows (Figure 5). Three dormers are located at the south side fagade, one dormer is at the north side fagade, and two dormers are along the rear (west) fagade. Second story dormers along the secondary and rear facades contain paired multi -light casement wood windows, with the exception of a single fixed wood window on the smaller south side dormer (Figure 6). All original windows throughout include a prominent wood window sill. Additional architectural features include a low, stucco -clad wall with asphalt shingle coping that partially encloses the open patio at the primary (east) fagade; a rear porch covered by a canvas canopy at the rear (west) fagade featuring metal railing and a raised platform; a secondary, stucco -clad chimney along the north fagade; hood moldings; pronounced and projecting angles within the roof and often above windows; window canopies; a horizontal slat vent at the primary fagade's main gable; and round vents at each dormer's gable end (except for the small, middle dormer at the south fagade). The rear yard contains a single -story detached garage and a rear pool. The garage's primary (east) fagade is designed with wide horizontal siding and a wood garage door, and the north (side) fagade features narrow horizontal siding with a single wood window and door (Figure 7). The property is landscaped with a front lawn, two round brick planters, manicured hedges and shrubs, and medium-sized trees including two Italian Cypress trees. Brick lines the driveway and open patio at the primary (east) fagade. *1310. Significance (continued): By 1955, H.W. McKague owned the property. No owner/occupant records were available between 1956 and 1959. From 1960 to 1962, E.H. Wilhelmi is listed as the owner. City directories are unavailable between 1963 - 1979. In 1980 and 1985, the owner is not listed in directories. Grey and Melissa Figge owned the property in Circa 1988. The present-day owners, Charles and Julie Lake, have owned the property since 1989. In 2011, the property's ownership was transferred to a family trust, however Mr. and Mrs. Lake continue to reside in the property. No additional information was uncovered regarding the past owners and tenants. The C.P. Johnson 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 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. 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 (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The C.P. Johnson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival style home in Santa Ana. Located in Floral Park, the house cost $6,500 to build in 1928. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Tudor Revival style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the C.P. Johnson House include, but may not be limited to: Irregular -shaped building footprint and massing; asymmetrical primary fagade; complex roof form with multi - gable roof system featuring steeply pitched gables and dormers; large, side -gabled roof visible at the primary fagade that is reflective of the French Eclectic style; central chimney; sand finish stucco siding; open brick patio at primary fagade; primary entrance within a steeply pitched front -facing gable, that features an arched wood door with an arched, operable light behind DPR 523LCIty Council 22 — 45 1/16/2024 Historic Resources Commission 2 — 25 11/2/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood "Date November 2, 2023❑x Continuation ❑ Update decorative wrought -iron grille and metal hardware; all original wood windows throughout which are primarily multi -pane casement and double -hung style, as well as a single, leaded glass window; hood moldings; projecting angles within the roof and often above windows; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *612. References (continued): Almendral, Dylan M. "The Home of Dynasties: Historic Home Profile." My Blog. 12 January 2020. Available: https://www.dylanmalmendral.com/bloglthe-home-of-dynasties. Accessed: 1 February 2023. 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 (Orange County Register and 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, 1928-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. Historic Resources Commission 2 — 26 11 /2/2023 DPR 523LCIty Council 22 — 46 1 /16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: C.P. Johnson House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update Additional Figures: Figure 2. The primary entrance is located within a Figure 3. The main entrance has an operable arched smaller, steeply pitched front gable adjacent to a leaded window behind a wrought iron decorative grill, facing glass window, facing west. east. I II f� Figure 4. A large fixed wood window flanked by multi- Figure 5. Multi -light wood casement and fixed windows, light casement wood windows at the primary (east) facing north. fa ade, facing northwest. Y. Figure 6. Second story dormers at the south (side) Figure 7. A single -story detached garage, facing facade contain paired multi -light casement wood southwest. windows, with the exception of a single fixed wood window Historic Resources Commission 2 — 27 11 /2/2023 DPR 523LCIty Council 22 — 47 1 /16/2024 MILLS ACT AGREEMENT 2028 North 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 HlStnrlC RP.Snl1rCP-, Cnmmissinn 2 — 28 11 /2/2023 City Council 22 — 48 1/16/2024 MILLS ACT AGREEMENT 2028 North 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. Historic RP.SOurCP-, Commission 2 — 29 11 /2/2023 City Council 22 — 49 1/16/2024 Proposed Structure Improvements ("Work Plan") 2028 North Greenleaf Street Item Year Improvement 1 2025 Maintenance/repairs to windows Repair leaded glass window 2 2026 Roof repairs as needed 3 2028 Exterior painting 4 2030 Electrical upgrades Historic Resources CommISSIOn 2 — 30 11 /2/2023 City Council 22 — 50 1/16/2024 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2028 N Greenleaf 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): 10/23/2023 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 $133.65 Total $133.65 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 OR# 3750496 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: 2028 North Greenleaf Street located within the Single Family Residential (R1) Zoning District. Project Applicant: Charles William Lake and Julie S. Lake (Property Owner & Applicant) Project Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-19, Historic Register Categorization No. 2023- 04, and Historic Property Preservation Agreement No. 2023-10, to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to designate an existing Tudor Revival style residence to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2023-105 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 2, 2023, at 4:30 p.m. in the City Council Chambers, 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-parUcipation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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 Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. You can also 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 an espanol, favor de Ilamar a Nuvia Ocampo al (714) 667- 2732. Neu can lien lac bang tieng Viet, An dign thoai cho Tony Lai so (714) 565- 2627. 10/23/23 OR-3750496# ' 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 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: 2028 North Greenleaf Street located within the Single Family Residential (R1) Zoning District. Project Applicant: Charles William Lake and Julie S. Lake (Property Owner & Applicant) Project Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-19, Historic Register Categorization No. 2023-04, and Historic Property Preservation Agreement No. 2023-10, to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to designate an existing Tudor Revival style residence to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2023-105 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 2, 2023, at 4:30 p.m. in the City Council Chambers, 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-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(o)-santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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 Andrea Dumovich Heywood with the Planning and Building Agency at AheywoodCcD-santa-ana.org or 714-647-5899. You can also contact Pedro Gomez with the Planning and Building Agency at Pgomez santa-ana.orq or 714-667-2790. • - sin '•T-Oi- •• •■ '•TM_L• - ■■_ - • ■■_ 27-N ■IP 9!_re • _ ■• •■l�ii•• - 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 Nuvia Ocampo all (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAR � AW .i� 132i6d *1 2026 N Greenleaf Street J -__l 500-Foot Buffer Map Historic Resources Commission 2 — 33 11 /2/2023 City Council 22 — 53 1/16/2024 0 NOTICE OF PUBLIC HEARING -� - BEFORE THE SANTA A,��. HISTORIC RESOURCES COMMOSS10` 'he City of Santa Ana encourages the irocess. We encoura a public to participate in the decision -making g you to contact us prior to the Public Hearing if you have any ,uestions. 'rolect Location• 2028 North Greenleaf Street located within the Single Family Residential (R1) Zoning District, Project Applicant: Charles William Lake and Julie S. Lake (Property Owner & Applicant) I Project Description• The applicants are requesting approval of Historic Resources Commission Application No. 2023-19, Historic Register Categorization No. 2023-04, and Historic Property Preservation Agreement No. 2023-10, to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key' for the above mentioned property and to designate an existing Tudor Revival style residence to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2023-105 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 2, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. Forthe mostup information on how to participate virtually in this meeting, please ana or—/pb/meetino-Particioation. in the meeting, you may send written Written Comments: If you are unable toparticipate comments by Cit of Santa Ana, 20 Civic Center Plaza - M20, e-mail to PBAeComments(-santa-ana.or (reference the topic in the subjectof the Recording Secretary, Y in. on the day or mail to Nuvia Ocampo, y Santa Ana,92701.not be distributed to the Commission but r CA Deadline to submit written comments is 3: P• meeting• Comments received after the deadline ma action(s), including made part of the record. regarding the proposed Will be m Additional details reg website 72 hours prior to the w Where To Get More Informationem may be found on the City ), rime ov.com/ ublic/ ortal. lease contact Andrea {I the full text of atehtdtiss �isanta ana. have any questions, P Should you ha at Ahn ood Santa'ge or public hearing Questions: Agency A ency at Contact For and Building g planning and Building 9 Who To ood with the Planning Gomel with the P Dumovich Heyw can also contact Pedro only those a 647-5899. 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P'se�,;�.� wuI �r Am° nD°-a�wnel0° i n° vrec°"'° nine et r°n�n SNdu rA^ li 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 Daniel Taylor and Robbyn Taylor, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1607 North Freeman 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 1607 North Freeman 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 x ' — 56 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 January 17, 2024, 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 "Executive Summary" attached hereto, marked as Exhibit 131, and "Historical Property Description" attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, City Council 22 — 57 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." The front door replacement shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. City Council 22 — 58 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (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. City Council 22 — 59 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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 1607 North Freeman Street, Assessor Parcel Number, 405-313-05, 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 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. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 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 City Council 22 — 60 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 Owners: Daniel and Robbyn Taylor 1607 North Freeman 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. 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. City Council 22 — 61 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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 22 — 62 1/16/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager By: DANIEL TAYLOR By: ROBBYN TAYLOR RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 22 — 63 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 16 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 405-313-05 City Council 22 — 64 1/16/2024 EXECUTIVE SUMMARY Exhibit B Rogers -Mansfield House 1607 North Freeman Street Santa Ana, CA 92706 NAME Rogers -Mansfield House REF. NO. ADDRESS 1607 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication M 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 Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (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.) 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 22 — 65 1/16/2024 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 5 Resource name(s) or number (assigned by recorder) Rogers -Mansfield House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1607 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 405-313-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Rogers -Mansfield House is a one-story, single-family, Minimal Traditional Style residence located on a modestly sized parcel in Santa Ana's Washington Square neighborhood (Figure 1). The residence exhibits an L-shaped plan with a medium - pitch roof clad in replacement asphalt shingles and shallow eaves. While primarily side -gabled, a front -gable projects at the primary (west) fagade along with a flat front porch roof projection. The exterior of the house is clad in wood shingles. Wood windows with a prominent wood window sill and trim are located on all building facades (Figure 2). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (west) elevation, view east, August 2023 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Daniel and Robbyn Taylor 1607 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 2, 2023 *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 22 — 66 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Rogers -Mansfield House B1. Historic Name: Rogers -Mansfield House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional Style *136. Construction History: (Construction date, alterations, and date of alterations): April 6, 1948. Permit to construct a five room residence and garage. $10,000. Unknown date. Front door replacement. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage, front and rear porches, and front yard landscaping with two mature trees 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 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 Rogers -Mansfield House is architecturally significant as an intact example of a Minimal Traditional style house in Santa Ana. According to City building records, it was built in 1948 for approximately $10,000, for Emmet C. Rogers; however, the original architect and builder are unknown. Emmet C. Rogers was a local contractor who sold lots and built homes in Santa Ana. Mr. Rogers only resided at the property for one year or less as John N Mansfield is listed as the owner by 1949, City Directories show Mr. Mansfield owned the property from 1949 until at least 1960. City Directories are unavailable between 1961-1979. Criss -Cross Directories between 1980 - 1998 show the subject address but do not include a property tenant or owner name. By 1999, the subject property was owned by Paul Williamson, who owned the property until at least 2008, the date of the last available directory. The current owners Daniel and Robbyn Taylor have owned and resided in the subject property since 2022. No additional information was uncovered regarding the past owners and tenants. (See Continuation Sheet 3 of 5.) 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 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023 Sketch Map Rogers -Mansfield House O G O 1607 North Freeman Street N st30' ]- i304' N N O M O y O O L� N FREEMAN Fpo;o oo o o 0 Z DPR 523B�11t)COUI1Cll 22 — 67 1 /1 Q�024d information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update *P3a. Description (continued): The front porch is supported by a single, slender wood post on a raised concrete platform accessible by two concrete steps. The main entrance, located under the front porch, faces south and is composed of a four panel replacement door with four upper lights (Figure 3). Fenestration on the primary (west) fagade includes three window bays. The front gable displays a large, fixed wood window flanked by two double -hung wood windows with a four -over -four muntin pattern (Figure 4). Along the side -gable of the primary (west) fagade is the same double -hung style window and muntin pattern in both paired and singular form. The north, south, and rear (east) fagade window pattern is composed of a mix of one -over -one double -hung wood windows and four - over -four double -hung wood windows (Figure 5). The building's southeast (rear) corner contains a covered porch supported by a slender wood post and a raised concrete platform. A single pedestrian wood door and upper light, located behind a metal security door, is tucked within the rear porch (Figure 6). Additional architectural features include a concrete driveway with a concrete path leading to the front porch, brick chimney at the north (side) fagade, as well as vents at the gable ends. The rear yard contains a single -story, detached garage clad in wood shingle siding to match the main residence. The garage features an asphalt shingle roof, metal roll -up garage door, and a single pedestrian wood door with an operable upper light (Figure 7). The property is landscaped with a front lawn, two mature trees, and rose bushes near the front porch. *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 on 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 Rogers -Mansfield House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single- family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War ll. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. Located in Washington Square, the house cost $10,000 to build in 1948. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the Rogers -Mansfield House include, but may not be limited to: L-shaped plan; single -story massing; side -gable body with prominent front -gable; medium -pitch roof with shallow eaves; wood shingle siding; original wood windows with a prominent wood window sill and trim are located on all building facades; front and rear porch, each supported by a single wood post located on a raised concrete platform; main entrance located within front porch; brick chimney; overall lack of ornamentation; front yard lawn with landscaping including two mature trees; and a detached garage featuring wood shingle siding and a single pedestrian door with operable light. *612. References (continued): r1j11.qnMa1mPnr1rA1 r-nmlhlnqlthp-hnmp-nf-rillnqztio-,z! -•1- 1 Fo-hniqq1 9n9.,R 1PIR 523LCity Council• i1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update 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 (Orange County Register and 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, 1948-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. DPR 523LCIty Council 22 — 69 1/16/2024 >tate of California —The Resources Agency Primary # )EPARTMENT OF PARKS AND RECREATION HRI # "ONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update Additional Figures: Figure 2. The exterior of the house is clad in wood shingles. Figure 3. The front porch, featuring the main entrance, is Wood windows with a prominent wood window sill and trim supported by a single wood post on a raised concrete are located on all building facades, facinq east. platform accessible by two concrete steps, facing north. all asI Figure 4. The primary (west) fagade features a large, fixed Figure 5. The south (side) fagade features windows wood window flanked by two double -hung wood windows with composed of four -over -four double -hung wood windows a four -over -four muntin pattern , facing southeast. and one -over -one double -hung wood windows, facing north. Figure 7. The detached garage is clad in wood shingle siding to match the main residence and features an asphalt shingle roof, metal roll -up garage door, and a Figure 6. The bbuilding's southeast (rear) corner contains a single pedestrian wood door with an operable upper covered porch supported by a slender wood post and a raised light, facing southeast. concrete platform, facing northwest. DPR 523LCIty Council 22 - 70 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 22 — 71 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 22 — 72 1/16/2024 Exhibit D Proposed Structure Improvements ("Work Plan") 1607 North Freeman Street Item Year Improvement 1 2024 Replace non -original front door and front entrance light with period appropriate door and light. 2 2024 Replace rear, security screen door with period appropriate screen door. 3 2024 Update bathroom with new plumbing, add light fixtures, replace shower with glass shower door, and new tile. 4 2028 Potentially add new bathroom addition to rear 5 2030 Possible reroof, asses by 2025 if needed 6 Ongoing 1. Exterior wood shingle siding maintenance/repair throughout 2. Maintain original wood windows as needed duration of contract City Council 22 — 73 1/16/2024 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 2, 2023 Topic: HRCA No. 2023-18, HRC No. 2023-5, HPPA No. 2023-11 — Rogers -Mansfield House (1607 North Freeman Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-18 and Historic Register Categorization No. 2023-5 (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 Daniel and Robbyn Taylor, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Daniel and Robbyn Taylor are requesting approval to designate an existing Minimal Traditional style residence located at 1607 North Freeman 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. The property is worthy of local designation as "Key" status because it has a distinctive architectural style and quality reflective of the Minimal Traditional style in Santa Ana, along with rare wood shingle siding. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Freeman Street in Santa Ana's Washington Square neighborhood. The site contains a 1,335-square-foot, Minimal Traditional style residence and detached garage, on a 6,276-square-foot residential lot (Exhibit 3). Historic Resources Commission 1 — 1 11 /2/2023 City Council 22 — 74 1/16/2024 Exhibit 4 HRCA No. 2023-18, HRC 2023-5, HPPA No. 2023-11 — Rogers -Mansfield House (1607 North Freeman Street) November 2, 2023 Page 2 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 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 75 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Rogers -Mansfield House is architecturally significant as an intact example of a Minimal Traditional style house in Santa Ana. According to City building records, it was built in 1948 for approximately $10,000, for Emmet C. Rogers; however, the original architect and builder are unknown. Emmet C. Rogers was a local contractor who sold lots and built homes in Santa Ana. Mr. Rogers only resided at the property for one year or less as John N. Mansfield is listed as the owner by 1949. City Directories show Mr. Mansfield owned the property from 1949 until at least 1960. City Directories are unavailable between 1961and1979. Criss -Cross Directories between 1980 and 1998 show the subject address but do not include a property tenant or owner name. By 1999, the subject property was owned by Paul Williamson, who owned the property until at least 2008, the date of the last available directory. The current owners Daniel and Robbyn Taylor have owned and resided in the subject property since 2022. No additional information was uncovered regarding the past owners and tenants. The Rogers -Mansfield House is a one-story, single-family, Minimal Traditional Style residence located on a modestly sized parcel in Santa Ana's Washington Square neighborhood. The residence exhibits an L-shaped plan with a medium -pitch roof clad in replacement asphalt shingles and shallow eaves. While primarily side -gabled, a front - gable projects at the primary (west) facade along with a flat front porch roof projection. The exterior of the house is clad in wood shingles. Wood windows with a prominent wood window sill and trim are located on all building facades. The front porch is supported by a single, slender wood post on a raised concrete platform accessible by two concrete Historic Resources Commission 1 —2 11 /2/2023 City Council 22 — 75 1/16/2024 HRCA No. 2023-18, HRC 2023-5, HPPA No. 2023-11 — Rogers -Mansfield House (1607 North Freeman Street) November 2, 2023 Page 3 steps. The main entrance, located under the front porch, faces south and is composed of a four panel replacement door with four upper lights. Fenestration on the primary (west) fagade includes three window bays. The front gable displays a large, fixed wood window flanked by two double -hung wood windows with a four -over -four muntin pattern. Along the side -gable of the primary (west) fagade is the same double -hung style window and muntin pattern in both paired and singular form. The north, south, and rear (east) fagade window pattern is composed of a mix of one -over - one double -hung wood windows and four -over -four double -hung wood windows. The building's southeast (rear) corner contains a covered porch supported by a slender wood post and a raised concrete platform. A single pedestrian wood door and upper light, located behind a metal security door, is tucked within the rear porch. Additional architectural features include a concrete driveway with a concrete path leading to the front porch, brick chimney at the north (side) fagade, as well as vents at the gable ends. The rear yard contains a single -story, detached garage clad in wood shingle siding to match the main residence. The garage features an asphalt shingle roof, metal roll -up garage door, and a single pedestrian wood door with an operable upper light. The property is landscaped with a front lawn, two mature trees, and rose bushes near the front porch. Character -defining features of the Rogers -Mansfield House include, but may not be limited to: L-shaped plan; single -story massing; side -gable body with prominent front - gable; medium -pitch roof with shallow eaves; wood shingle siding; original wood windows with a prominent wood window sill and trim are located on all building facades; front and rear porch, each supported by a single wood post located on a raised concrete platform; main entrance located within front porch; brick chimney; overall lack of ornamentation; front yard lawn with landscaping including two mature trees; and a detached garage featuring wood shingle siding and a single pedestrian door with operable light. The Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding. This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Minimal Traditional style and quality craftsmanship which features simple massing and lack of ornamentation; original double -hung wood windows throughout; and rare wood shingle siding, among other original features. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act Historic Resources Commission 1 — 3 11 /2/2023 City Council 22 — 76 1/16/2024 HRCA No. 2023-18, HRC 2023-5, HPPA No. 2023-11 — Rogers -Mansfield House (1607 North Freeman Street) November 2, 2023 Page 4 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 • A mechanism to provide for property rehabilitation • Incentives for potential buyers to purchase historic structures • Discouraging of 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. Overall, future improvements proposed by the homeowners during the initial five years of the Mills Act Agreement include replacing the non -original front door with a compatible door. Remaining items to be completed over the course of the first ten years of the Mills Act Agreement include replacing the front entrance light, and rear, security screen door with period -appropriate materials. Additionally, the existing bathroom will be updated with new plumbing, lighting fixtures, tile, and shower glass. The homeowners may add a new bathroom to the building's rear, and the roof will be assessed in the coming years to determine if a reroof is needed. Lastly, maintenance/repair of existing, original wood windows and wood shingle siding will be a general on -going maintenance task as part of this Mills Act Agreement. Staff will ensure that all proposed work will be done sensitively and will maintain the property's character defining features as part of the Mills Act Agreement for this property. If the homeowners decide to pursue a bathroom addition, staff will work closely with the owners to ensure that the new design shall meet the Secretary of the Interior's Standards for Rehabilitation, and that the new work will receive proper entitlement through a Historic Exterior Modification Application (HEMA) and building permits as necessary. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is Historic Resources Commission 1-4 11 /2/2023 City Council 22 — 77 1/16/2024 HRCA No. 2023-18, HRC 2023-5, HPPA No. 2023-11 — Rogers -Mansfield House (1607 North Freeman Street) November 2, 2023 Page 5 recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the Washington Square 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. 2023-107 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 $970.20 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: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 1 — 5 11 /2/2023 City Council 22 — 78 1/16/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2023-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-18 TO PLACE THE PROPERTY LOCATED AT 1607 NORTH FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2023-05 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 2, 2023, 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. 2023-18) and categorization (Historic Resources Commission Categorization No. 2023-5) of the Rogers -Mansfield House located at 1607 North Freeman Street, Santa Ana. B. The Rogers -Mansfield House has distinctive architectural features of the Minimal Traditional style and was built in 1948. C. The Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. The house displays characteristics of the Minimal Traditional style through its use of medium -pitch roof; side - gable and front -gable roof system; shallow eave overhang; one-story height; double -hung multi -pane windows; and overall lack of architectural detailing. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (Santa Ana Municipal Code, Section 30-2.2). This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Minimal Traditional style and quality craftsmanship which features simple massing and lack of ornamentation; original double -hung wood windows throughout; and rare wood shingle siding, among other original features. Character -defining features of the Rogers -Mansfield House include, but may not be limited to: L-shaped plan; single -story massing; side -gable body with prominent front -gable; medium -pitch roof with shallow eaves; wood Historic Resources Commission 1 — 6 11 /2/2023 City Council 22 — 79 Resolutibin'A?9 :3-XX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 shingle siding; original wood windows with a prominent wood window sill and trim are located on all building facades; front and rear porch, each supported by a single wood post located on a raised concrete platform; main entrance located within front porch; brick chimney; overall lack of ornamentation; front yard lawn with landscaping including two mature trees; and a detached garage featuring wood shingle siding and a single pedestrian door with operable light. D. The legal owners of the property are Daniel Taylor and Robbyn Taylor, Husband and Wife as Joint Tenants. 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. G. 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. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement's term. 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-2023-107 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2023-18 to place the Rogers -Mansfield House located at 1607 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2023-5 placing the Rogers -Mansfield House located at 1607 North Freeman Street, 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 Historic Resources Commission 1 — 7 11 /2/2023 City Council 22 — 80 Resolutibin1V2023-XX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 2nd day of November, 2023. Tim Rush Chairperson Historic Resources Commission 1 — 3 11 /2/2023 City Council 22 — 81 Resolutibin'A?9 A-XX Page 3 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. `---B andon Salvatierra Deputy City Attorney F-IVA • •uu •I a-uSTM NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 2, 2023. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 1 - 9 11 /2/2023 City Council 22 - 82 Resolutibin'V9 23-XX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-313-05 1607 North Freeman THE LAND REFERRED TO Daniel and Street HEREIN BELOW IS SITUATED Robbyn Taylor IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. APN: 405-313-05 Resolution M• 1 Wistoric 1 —11 0Pi411+ CouncilCity • 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-18 and Historic Resources Commission Categorization No. 2023-5 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: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1607 North Freeman Street, historically known as the Rogers -Mansfield 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. 2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to the front gable and side gable roofs, wood windows, and wood shingle siding) are visible from the public right-of-way. Resolution M• 1 ■ • �' • •1111 •1 I�%411� CouncilCity 841/16/2024 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 Daniel Taylor and Robbyn Taylor, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1607 North Freeman 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 1607 North Freeman 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 22 — 85 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 January 17, 2024, 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 "Executive Summary" attached hereto, marked as Exhibit 131, and "Historical Property Description" attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, Historic Resources C(-)mmissinn 1 — 13 11 /2/2023 City Council 22 — 86 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." The front door replacement shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. Historic Resources C(-)mmissinn 1 — 14 11 /2/2023 City Council 22 — 87 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (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. Historic Resources Commission 1 — 1.5 11 /2/2023 City Council 22 — 88 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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 1607 North Freeman Street, Assessor Parcel Number, 405-313-05, 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 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. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 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 Historic Resnurces Cnmmissinn 1 — 1 6i 11 /2/2023 City Council -s 22 — 89 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 Owners: Daniel and Robbyn Taylor 1607 North Freeman 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. 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. Historic Resources Commission 1 — 17 11 /2/2023 City Council 22 — 90 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 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} Historic Resources Commission 1 — 18 11 /2/2023 City Council 22 — 91 1/16/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1607North Freeman Street Santa Ana, CA 92706 CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager By: DANIEL TAYLOR By: ROBBYN TAYLOR RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Historic Resources Commission 1 — 19 11 /2/2023 City Council 22 — 92 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 16 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 405-313-05 Historic Resources Commission 1 — 20 11 /2/2023 City Council 22 — 93 1/16/2024 EXECUTIVE SUMMARY Rogers -Mansfield House 1607 North Freeman Street Santa Ana, CA 92706 NAME Rogers -Mansfield House REF. NO. ADDRESS 1607 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication M 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 Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (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.) 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. Historic Resources Commission 1 — 21 11 /2/2023 City Council 22 — 94 1/16/2024 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 5 Resource name(s) or number (assigned by recorder) Rogers -Mansfield House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1607 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 405-313-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Rogers -Mansfield House is a one-story, single-family, Minimal Traditional Style residence located on a modestly sized parcel in Santa Ana's Washington Square neighborhood (Figure 1). The residence exhibits an L-shaped plan with a medium - pitch roof clad in replacement asphalt shingles and shallow eaves. While primarily side -gabled, a front -gable projects at the primary (west) fagade along with a flat front porch roof projection. The exterior of the house is clad in wood shingles. Wood windows with a prominent wood window sill and trim are located on all building facades (Figure 2). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (west) elevation, view east, August 2023 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Daniel and Robbyn Taylor 1607 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 2, 2023 *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 Historic Resources Commission 1 — 22 11 /2/2023 City Council 22 — 95 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Rogers -Mansfield House B1. Historic Name: Rogers -Mansfield House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional Style *136. Construction History: (Construction date, alterations, and date of alterations): April 6, 1948. Permit to construct a five room residence and garage. $10,000. Unknown date. Front door replacement. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage, front and rear porches, and front yard landscaping with two mature trees 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 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 Rogers -Mansfield House is architecturally significant as an intact example of a Minimal Traditional style house in Santa Ana. According to City building records, it was built in 1948 for approximately $10,000, for Emmet C. Rogers; however, the original architect and builder are unknown. Emmet C. Rogers was a local contractor who sold lots and built homes in Santa Ana. Mr. Rogers only resided at the property for one year or less as John N Mansfield is listed as the owner by 1949, City Directories show Mr. Mansfield owned the property from 1949 until at least 1960. City Directories are unavailable between 1961-1979. Criss -Cross Directories between 1980 - 1998 show the subject address but do not include a property tenant or owner name. By 1999, the subject property was owned by Paul Williamson, who owned the property until at least 2008, the date of the last available directory. The current owners Daniel and Robbyn Taylor have owned and resided in the subject property since 2022. No additional information was uncovered regarding the past owners and tenants. (See Continuation Sheet 3 of 5.) 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 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: November 2, 2023 (This space reserved for official comments.) Sketch Map Rogers -Mansfield House O G O 1607 North Freeman Street N st30' ]- i304' N �0;� �O OLC�:N FREEMAN Fpo;o Foo o o 0 Z DPR 523BY11�)COUr1Cll 22-96 1 /1 Q��e qui d information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update *P3a. Description (continued): The front porch is supported by a single, slender wood post on a raised concrete platform accessible by two concrete steps. The main entrance, located under the front porch, faces south and is composed of a four panel replacement door with four upper lights (Figure 3). Fenestration on the primary (west) fagade includes three window bays. The front gable displays a large, fixed wood window flanked by two double -hung wood windows with a four -over -four muntin pattern (Figure 4). Along the side -gable of the primary (west) fagade is the same double -hung style window and muntin pattern in both paired and singular form. The north, south, and rear (east) fagade window pattern is composed of a mix of one -over -one double -hung wood windows and four - over -four double -hung wood windows (Figure 5). The building's southeast (rear) corner contains a covered porch supported by a slender wood post and a raised concrete platform. A single pedestrian wood door and upper light, located behind a metal security door, is tucked within the rear porch (Figure 6). Additional architectural features include a concrete driveway with a concrete path leading to the front porch, brick chimney at the north (side) fagade, as well as vents at the gable ends. The rear yard contains a single -story, detached garage clad in wood shingle siding to match the main residence. The garage features an asphalt shingle roof, metal roll -up garage door, and a single pedestrian wood door with an operable upper light (Figure 7). The property is landscaped with a front lawn, two mature trees, and rose bushes near the front porch. *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 on 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 Rogers -Mansfield House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single- family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War ll. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Rogers -Mansfield House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional style home in Santa Ana. Located in Washington Square, the house cost $10,000 to build in 1948. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Minimal Traditional style, along with rare wood shingle siding (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the Rogers -Mansfield House include, but may not be limited to: L-shaped plan; single -story massing; side -gable body with prominent front -gable; medium -pitch roof with shallow eaves; wood shingle siding; original wood windows with a prominent wood window sill and trim are located on all building facades; front and rear porch, each supported by a single wood post located on a raised concrete platform; main entrance located within front porch; brick chimney; overall lack of ornamentation; front yard lawn with landscaping including two mature trees; and a detached garage featuring wood shingle siding and a single pedestrian door with operable light. *612. References (continued): r1j11.qnMa1mPnr1rA1 r-nmlhlnqlthp-hnmp-nf-rillnqztio-,z! -•1- 1 Fo-hniqq1 9n9.,R 1PIR 523LCity Council•1/16/2024 Historic Resources Commission 1 — 24 11/2/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update 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 (Orange County Register and 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, 1948-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. Historic Resources Commission 1 — 25 11 /2/2023 DPR 523LCIty Council 22 — 98 1/16/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Rogers -Mansfield House 'Recorded by Andrea Dumovich Heywood *Date November 2, 2023❑x Continuation ❑ Update Additional Figures: p _ - Figure 2. The exterior of the house is clad in wood shingles. Figure 3. The front porch, featuring the main entrance, is Wood windows with a prominent wood window sill and trim supported by a single wood post on a raised concrete are located on all building facades, facing east. platform accessible by two concrete steps, facing north. Figure 4. The primary (west) fagade features a large, fixed Figure 5. The south (side) fagade features windows wood window flanked by two double -hung wood windows with composed of four -over -four double -hung wood windows a four -over -four muntin pattern , facing southeast. and one -over -one double -hung wood windows, facing north. Figure 6. The bbuilding's southeast (rear) corner contains a covered porch supported by a slender wood post and a raised concrete platform, facing northwest. I� Figure 7. The detached garage is clad in wood shingle siding to match the main residence and features an asphalt shingle roof, metal roll -up garage door, and a single pedestrian wood door with an operable upper light, facing southeast. Historir. Resources Commission 1 — 26 11/2/2023 DPR 523LCIty Council 22 — 99 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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 Historic RP.S(n1rCP-, Cnmmissinn 1 — 27 11 /2/2023 City Council 22 — 100 1/16/2024 MILLS ACT AGREEMENT 1607North Freeman 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. Historic RP.SOurCP-, Commission 1 — 28 11 /2/2023 City Council 22 — 101 1/16/2024 Proposed Structure Improvements ("Work Plan") 1607 North Freeman Street Item Year Improvement 1 2024 Replace non -original front door and front entrance light with period appropriate door and light. 2 2024 Replace rear, security screen door with period appropriate screen door. 3 2024 Update bathroom with new plumbing, add light fixtures, replace shower with glass shower door, and new tile. 4 2028 Potentially add new bathroom addition to rear 5 2030 Possible reroof, asses by 2025 if needed 6 Ongoing 1. Exterior wood shingle siding maintenance/repair throughout 2. Maintain original wood windows as needed duration of contract Historic Resources Commission 1 — 29 11 /2/2023 City Council 22 — 102 1/16/2024 ORANGE COUNTY REPORTER --SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1607 N Freeman 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): 10/23/2023 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 $128.70 Total $128.70 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) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 OR# 3750494 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: 1607 Freeman Lane located within the Single Family Residence (R1) Zoning District. Project Applicant: Robbyn & Daniel Taylor Project Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-18, Historic Register Categorization No. 2023- 05, and Historic Property Preservation Agreement No. 2023-11, 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 Mills Act agreement with the City of Santa Ana. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2023-107 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 2, 2023, at 4:30 p.m. in the City Council Chambers, 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-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to P BAe C o m m e n is (a) s a n t a -a n a. o rc (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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 Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. You can also contact Pedro Gomez with the Planning and Building Agency at Pgomez@santa-ana.org or 714-667- 2790. Note:lf 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 Nuvia Ocampo al (714) 667- 2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai s6 (714) 565- 2627. 10/23/23 OR-3750494# _ g 20 4 storicc Resources Commission �2 3�03 111/Z%Z033 ' 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 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: 1607 Freeman Lane located within the Single Family Residence (R1) Zoning District. Project Applicant: Robbyn & Daniel Taylor Project Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-18, Historic Register Categorization No. 2023-05, and Historic Property Preservation Agreement No. 2023-11, 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 Mills Act agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2023-107 will be filed for this project. Meeting Details: This matter will be heard on Thursday, November 2, 2023, at 4:30 p.m. in the City Council Chambers, 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-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(o)-santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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 Andrea Dumovich Heywood with the Planning and Building Agency at AheywoodCcD-santa-ana.org or 714-647-5899. You can also contact Pedro Gomez with the Planning and Building Agency at Pgomez santa-ana.orq or 714-667-2790. • - • '■�-il�iT•T�i'•T-�i- •• •■ '•T�_1•• - ■■_ - • ■■_ T� ■IPiffisi • _ ■• •■l�ii•• -FM 1• W' ources Commission 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 Nuvia Ocampo all (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAR 131 feet A ns-* 1607 North Freeman Street 500-Foot Buffer Map Historic Resources Commission 1 — 32 11 /2/2023 City Council 22 — 105 1/16/2024 ?.; NOTICE OF PUBLIC HEARINC 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. 1` Project Location: 1607 Freeman Lane located within the Single Family Residence (R1) I Zoning District. Project Applicant --�_ Robbyn $Daniel Taylor Pfoiect Description: The applicants are requesting approval of Historic Resources Commission Application No. 2023-18, Historic Register Categorization No. 2023-05, and Historic Property Preservation Agreement No. 2023-11, 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 Mills Act agreement with the City of Santa Ana. Environmental Inn act: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2023-107 will be filed for this project. Meetin_g D� This matter will be heard on Thursday, November 2, 2023, at 4:30 P.M. In the City Council Chambers, 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 on on at informina.b/meet now to participate virtually in this meeting, please visit sa artici ation. Written Comments: If send written comments b You are unable to participate in the meeting, you may Y e-mail to PggeComments Santa-ana.or (reference the topic in the subject line) or mail a AnaNuvA ... P0, Recording Secretary,Cit of Santa Ana, — M20, Santa20 Civic Center Plaza Ana, CA 92701. Deadline to submit written comments is 3:30io•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 includin To Get More Information: Additional details re ardin the proposed acfion(s), g the full text of the discretiona regarding Prior to the public he ry item City we site 72 hours hearing at: htt item, be found on the Y Who To Conta —//sna orimeaov com/Public% Du -Ovich He ct For Quest- please Should lease contact Andros 714 647 5899 ood with the tanning you Building Agency uestions, P santa-ana.o P omez You can also contact Pedro Gomez with he Planning and BuildingA9encYaf �santa-ana. Neste: If or 714-667-2790. those issue u challenge decision on the be limited to raising °gin written CO,re YOU Or above matter, you may (j,15 notice or the City of San anAna at,dence doeliveeed to the Historic at the arincommiss on'°f city Council of Prior to, the public hearing. Si tiene ` �3p. Neu c�nrl1en ass en es Panol, favor dil llamar a Nuvfa Ocai al (714) 66�6 7 c bang tieng Viet, xin dien thoai cho Tony Lai s� (714) 56y a i t RI im 1; AW -11-1111, —11NN a ,,- 71� OAK ""Toh,c ORE THE ARIN 'AN """ OU11% "O"A ON iN . . . . . . . . . . . P 3G, Ilk" Police Department www.santa-ana.org/pol ice Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Automated Parking Citation and Processing Services AGENDA TITLE Approve a First Amendment to Agreement with Data Ticket, Inc. (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with Data Ticket, Inc. for automated parking citation and processing services for an additional amount of $730,351.69, for a total aggregate amount not to exceed $2,000,000 for the remaining term of the agreement expiring February 14, 2025 (Agreement No. A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In February 2022, the City Council approved a three-year agreement with Data Ticket, Inc. after a competitive Request for Proposal process to provide automated parking citation and processing services on behalf of the Traffic Division of the Santa Ana Police Department. Data Ticket, Inc.'s services include managing the parking citation database, sending out daily notices for payment collection, and hosting a full -service, bilingual customer service call center that allows motorists to obtain general information regarding the citation process and specific information on particular citations. Data Ticket, Inc. has been the City's provider of these services since 2017 and continues to perform in a professional and competent manner. The original term of the agreement covers the three-year period of February 2022 through February 2025, with two one-year extension options. Based on the current fee trajectory, the projected total expenditures will exceed the total budgeted aggregate cost payable to Data Ticket for collection by next month. The original agreement budgeted costs were based on California Franchise Tax Board (FTB) and Data Ticket delinquency collections data from 2020 and 2021, during the height of the pandemic. Throughout calendar year 2022 and 2023, the City has experienced a consistent and higher degree of individuals failing to pay their citations timely, resulting in an increase in collections through FTB and Data Ticket's delinquency City Council 23 — 1 1/16/2024 Automated Parking Citation and Processing Services January 16, 2024 Page 2 program. This trend has been consistent to date and the increased monthly costs are directly attributable to the increased collection efforts. The original agreement also included automatic and immediate increases in the fees for letters and notices sent via the United States Postal Service (USPS) if postal rates increased during the term of the agreement. Since February 2022, the USPS has announced four price increases totaling an additional ten cents per First -Class Mail. The amendment for the additional $730,352 will be sufficient to cover the increased fees through the end of the initial three-year period ending in February 2025. The total three- year agreement not -to -exceed amount will increase from $1,269,648 to $2,000,000. If the vendor continues to perform well, a future amendment to the agreement will be brought before City Council for consideration of the first one-year extension and corresponding increase in the contract authority. FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows: Accounting Unit Fund Accounting Unit — Fiscal Year — Account No. Description Account No. Amount Description FY 23-24 Traffic Division, (Jan. -June) 01114405-62300 General Fund Contract Services- $295,000 Professional FY 23-24 Parking Meter, (Jan. -June) 02718131-62300 Parking Fund Contract Services- $ 5,000 Professional FY 24-25 Traffic Division, (July -Feb.) 01114405-62300 General Fund Contract Services- $390,000 Professional FY 24-25 Parking Meter, (July -Feb.) 02718131-62300 Parking Fund Contract Services- $ 40,352 Professional Total $730,352 The amounts above are estimated projections and are subject to change. EXHIBIT(S) 1. First Amendment with Data Ticket Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Tom Hatch, Interim City Manager City Council 23 — 2 1/16/2024 FIRST AMENDMENT TO AGREEMENT WITH DATA TICKET, INC. TO PROVIDE AUTOMATED PARKING CITATION PROCESSING THIS FIRST AMENDMENT ("First Amendment") to Agreement with Data Ticket, Inc. to Provide Automated Parking Citation Processing is entered into on January 16, 2024, by and between Data Ticket 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"). The Contractor and City shall hereinafter be referred to collectively as "the Parties." RECITALS A. On February 15, 2022, the Parties entered into Agreement 4A-2022-022 ("Agreement"), by which Contractor agreed to agreed to provide automated parking citation and processing services. The original term of the agreement covers a 3-year period from February 2022 through January 2025, with two one-year extension options. The not to exceed amount to be expended during the term of the Agreement was $1,269, 648.31. B. Throughout calendar year 2022 and 2023, the City has experienced a consistent and higher degree of individuals failing to pay their citations timely, resulting in an increase in collections through FTB and Data Ticket's delinquency program. This trend has been consistent to date and the increased monthly costs are directly attributable to the increased collection efforts. C. The Agreement included automatic and immediate increases in the fees for letters and notices sent via the United States Postal Service (USPS) if postal rates increased during the term of the agreement. D. Additional funds are now needed to cover costs for the remaining term of the Agreement. The Parties now wish to amend the Agreement to increase the compensation by an additional $730,351.69 to cover costs for the remaining term of the Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the Agreement, except as hereinafter modified, the Parties agree to the following: 1. Section 2, Compensation, shall be amended to increase the compensation for services provided under this Agreement by $730,351.69. The total amount to be expended during the term of this Agreement shall not exceed $2,000,000. 2. Exhibit B attached to the Agreement shall be amended to reflect the automated parking citation and purchase charges as set forth in the new Exhibit B attached hereto and incorporated herein. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. City Council 23 — 3 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TA MIA RA BO OSIAN Senior Assistant City Attorney DATA TICKET, INC. CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 23 — 4 1/16/2024 EXHIBIT B Data Ticket, Inc. City of Santa Ana Irvine, CA RFP NO. 21-128 O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services Attachment A: Proposer's Certification & Proposal Item Pricing (D CITY OF SANTA ANA ATTACHMENT A PRO POSER'S CERTIFICATION I£ PROPOSAL ITEM PRICING XVII It. PROPOSER'S C EFRTIFIC,4T110N 3 PR SAi- ITEM PRICING — ATTACHMENT A Certifrratlon -1 certlfy chat I have read, understand and agroo to the terms and condWons of this Riaque9# for Proposals_ I have examined the Scrape of Scrvlcas (Exhiblt 1) and am qualrfie]d to provlde sarvkoas bung reques ted as speoiFled horein_ I undersiand and agree thal I am responsible far reporting any errors, omissiwr , or discrepanclos to the City for ciarlGt lion prior to the submi$uion of my proposal. Proposal Item Pricing - Feeg must be inclusive of ail cosh lncltxling bull not JIrnI ed tom, direr and andkoct coats for Iabar. ovnrhwd, incidental suppiies, "Vel, mllaages, and fuel. Any spatial materials will be purollhased by the owirac#or only after criscugaed and audwrti� by the City projeat5 manager or designee in YOdng. IrlcJu616 �L1lachments related io pdoing andlor potential opknal sar ce!5. PROPOSER'SSTATEMENT: I have read, understand snd agree to the t,errnt, and ow&ioos an all pages of the Request for Qualiflcatlons. Upon rcquesL I will Transfer and dalimrgoods or services is the City In acNwdar1w with said terms and n¢ndilions. Data Ticket, Inc, 949-428-72 1 �49-281-3195 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2803 Mein Street, Suite 300 Irvine. CA 92614 BUSINESS ADDRE;�S Eraok vgestcott Chief Operipting Officer PRINTED NAME OF A1FTHORIZED,ENT TITLE �� 11A&'7029 Crent$mluas@doh aket.com or BWas(notlgdsdtatiV.0xn SIGNATURE R OFAU ORIZEDAGENT DATE E-MAIL ADDRESS 93-1410811 rlfet FEDERAL ID NUMBER (IF APPLICABLE) CSC OR LICENSE NUMBER WAPPLICABLE) - THIS FORM MUST ME ComP6ETED Aldo INtrt.UDED WITH THE PROPOSAL. PROPOSALS THATQQ NOT CONTAIN THIS FORM WILL BE CON WEREDNONRES N$IVE, RFP No-. 21-12-6 AU7'0MATED PARKING CITAnONAND PRociEssi G sjFRvtcfS pago 2j adai City Council 23 — 5 1/16/2024 Data Ticket, Inc. Irvine, CA 0: 949 752-6937; 0: 949 428-7240 Cost Proposal Pricing -ATTACHMENT A (CONT.) City of Santa Ana RFP NO. 21-128 Automated Parking Citation and Processing Services Service Cost per Unit Year Estimated Units per Year Year l Cost Cost per Unit Year Estimated Units per Year Year 2 Cost Cost per Unit Year Estimated Uniitsper Year Year3Cost Total Cost per unit as oflanuary 2024 Parldrig Citation Pro ssin : Handwritten Paper Citations 0.33 6A00 2,280A0 0.38 6,D00 2.280.00 0.38 6.000 2,230A0 %B40.00 0.38 Electronic Citations 0.25 85,000 21,250.00 0.25 85,000 21,250.00 0.25 95,000 21,250.00 63,750.00 0.25 Notices: 1st Cou rte Notice 0.73 9110CC 701980.00 0.78 91,0o0 70,980.00 0.78 91,000 70,930.00 212,940.00 0.88 2nd Notice 0.00 50,000 0.00 0.00 50,000 0.00 0.00 50,000 0.00 0.00 0.00 3rd Notice 0.00 30,200 0.00 0.00 30,200 0.00 0.00 30,200 0.00 0.00 0.00 Drive Away Notice/Fled Letter 0.80 100 80.00 0.80 100 80.00 0.80 100 80.00 240.001 0.90 Letter of Correction 0.80 250 200.00 0.90 250 200.00 0.80 250 200.00 500.00 0.90 Custom Notice 0.90 100 80.00 0.90 100 80.00 0.30 100 90.00 240.00 0.90 Adjudication: list Level Disposition Letter Review 0.80 5,000 4,000.00 0.90 51000 4,000.00 0.30 5,000 4,000.00 12,000.00 0.90 1st Level Review Hold 0.50 6,000 3,000.00 0.50 6,000 3,000.00 0.50 6.000 3,000.00 9, 000.00 0.50 2nd Level Hearing/Administrative Result Letter 0.80 250 200.00 0.80 250 200.00 0.80 250 200.00 500A0 0.90 Hearing Officer Time hr 95.00 169 14,280.00 95.00 158 14,290.00 85.00 168 14,280.00 42,840.00 95.00 payment - Collection Processing: Payment Processing 0.00 88,0CC 0.00 0.01) 88,000 0.00 0.00 98,000 0.00 0.00 0.00 Credit Card Usage Fee Citizen Payment) 0.00 54,000 0.00 0.00 54,000 0.00 0.00 54,000 0.00 0.00 0.00 Payment Plan Administration AB 503 6.00 %000 54.000.00 6.00 9,000 54,000.00 6.00 9.000 54,000.00 162.000.00 6.00 FfBCollections 0.15 $ 200,000 30,000.00 0.15 $ 200,000 30,000.00 0.15 5 200,000 30,000.00 901000.00 0.15 Out of5tate Collections 5.21 $ 134000 27,300.00 5.21 S 130,000 27,300.00 0.21 S 135,500 27,300.00 81,900.00 0.21 Other: Process NSF; 1.25 301 37.501 1.25 30 37.501 1.251 30 37.501 112.50 1.35 Total: 1 227,697.501 1 227,697.501 1 227,687.501 593,062.50 Please note: Credit Card Usage Fee (Citizen Payment) has not been included as it is charged to the individual who elects to pay using a credit / debit card. This fee is $ 3.50 pe r tra nsa ction Please note: All correspondence and noticing charges include 1st Class Postage. As the USPS increases the postal rate, so too will these costs. Additional, optional pricing has been provided below and on the following pages. Joint/Escrow Banking Services $135.00 per account per month ($85 +$50 as of January 2023 for Positive Pay) Services for the above -mentioned item include: • Daily deposits of funds to the Agency's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card chargebacks and Insufficient Funds • Month -end reconciliation of all funds collected • Disbursement of County / State Surcharges at month -end • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year Chargebacks and NSF's $2.50 per issued instance • Data Ticket will process credit card chargebacks and NSFs when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds $2.60 per issued instance • Data Ticket will process refunds when notified of each need • In the event the city utilizes Joint Banking, Data Ticket will verify, generate, and send each refund due • Refunds will be issued weekly • Refunds will be sent via 1st Class Mail City Council 23 - 6 1/16/2024 Data Ticket, Inc. City of Santa Ana Irvine, CA RFP NO. 21-128 O: 949 752-6937; O: 949 428-7240 Automated Parking Citation and Processing Services • The anticipated costs for the city to issue refunds to individuals is expected to be $24,000 per year. These funds are furnished by the city to Data Ticket to replenish the city's refund account. Delinquency Collections Program 20% of amount collected • Delinquent collections include sending an additional three notices per citation, handling all customer service and processing all payments. The estimated cost of the program is $151,375 (20%) per year based on $756,877 in collections in the prior year. Parking Citation Payment Plan Processing (non -indigent) $12.00 per transaction • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • The administrative fee will be added to the Agency's invoice and once the 1st payment plan installment is paid by the Patron, the administrative fee will be reimbursed to the Agency • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and if so, what the parameters for payment will be Payment Plan Administration (AB 503 — indigent) $6.10 per transaction • Acceptance and scanning of Indigent payment plan requests • Approval/Denial by Data Ticket • Inclusive of the approval/denial letter Credit Card Chargeback Processing $30.00 per transaction If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback No fee will be charged to the Agency Postal Rate Increase Offset — If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase. DETAILED ANDROID PRICING 3 Year Lease Price Samsung Galaxy A52+ & New 3" Printer $39.00 per unit per month OR Purchase Price Samsung Galaxy A52+ & 3" Printer $1,277.00 per unit The city states it would like to proceed with the existing printers utilized by the city. If so, we have provided Lease and Purchase prices below for the handheld ticket writers only below. City Council 23 — 7 1/16/2024 Data Ticket, Inc. Irvine, CA 0: 949 752-6937; 0: 949 428-7240 3 Year Lease Price Samsung Galaxy A52+ OR City of Santa Ana RFP NO. 21-128 Automated Parking Citation and Processing Services $30.00 per unit per month Purchase Price Samsung Galaxy A52+ $1,000.00 per unit Handheld Software Licensing $100.00 per unit per year This fee covers all software licensing and upgrades provided to the city. Handheld Software Maintenance $25.00 per unit per month This fee covers complete repair and replacement of any handheld unit damaged for any reason. There is no deductible charged to the city. Upon notification of damage, we simply prepare a unit to be FedEx'd to the City for replacement. Data Plan —$45.00 per unit per month This fee will be a passed through from the selected cellular provider. City Council 23 — 8 1/16/2024 Police Department www.santa-ana.org/pol ice Item # 24 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Enterprise Fleet Management Lease Agreements AGENDA TITLE Agreements with Enterprise Fleet Management for Leased Vehicles (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the following seven agreements with Enterprise FM Trust and Enterprise Fleet Mangement, Inc. for leased vehicles for the period of January 1, 2024 through April 18, 2026 for a total annual amount not to exceed $612,936, with a one-year extension option: 1. Master Walkaway Lease Agreement (Agreement No. A- 2024-XXX); 2. Master Equity Lease Agreement (Agreement No. A- 2024-XXX); 3. Maintenance Management and Fleet Rental Agreement (Agreement No. A- 2024-XXX); 4. Supplemental Agreement between City and Enterprise (Agreement No. A- 2024- XXX); 5. Indemnity Agreement for Master Walkaway Lease Agreement (Agreement No. A- 2024-XXX); 6. Indemnity Agreement for Master Equity Lease Agreement (Agreement No. A- 2024-XXX); 7. Amendment to Maintenance Management and Fleet Rental Agreement (Agreement No. A- 2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes City Council 24 — 1 1/16/2024 Enterprise Fleet Management Lease Agreements January 16, 2024 Page 2 DISCUSSION The Santa Ana Police Department (SAPD) leases vehicles for various personnel based on need for field assignments. The Police Department currently leases vehicles for the Investigations Bureau, which includes the Vice, Narcotics, Career Criminal, and other specialized units and task forces that are involved in surveillance programs. Leasing a variety of vehicles allows them to be interchanged in order to maintain anonymity and safety of the undercover officers. Homicide and other criminal investigation detectives are provided with lease vehicles to conduct investigations. Additionally, vehicles are leased and assigned to background investigators, police commanders, and various staff within the Training/Human Resources Division, Chief's Office, and Field Operations. The City provides take home vehicles for certain positions as contractually obligated in the Memorandum of Understanding with the Santa Ana Police Management Association. A current list of SAPD leases is included in Exhibit 8. Procurement of City vehicles through the Fleet Division can take as long as 12 to 24 months. This is because in order to provide the best pricing, dealers often base theirs bids on future factory order vehicles with incentives and rebates; hence the long delay from the start of the procurement process, Council approval of the contract award, to delivery of the vehicles. Furthermore, current City policy requires departments to have funds available in the budget for the acquisition cost of a vehicle, as well as the prorated equipment replacement value of the vehicle. The Police Department's budget is not allocated sufficient funds for the outright purchase of new vehicles so the open-ended lease structure from Enterprise allows the City to replace vehicles with less upfront capital. The Planning and Building Agency (PBA) leases eighteen vehicles to assist with Code Enforcement, Building Inspection, and Cannabis Enforcement activities. Ongoing delays in the procurement process to purchase vehicles makes it necessary for these continued lease agreements. The need of lease vehicles is necessary to maintain building inspection capacity for current and future large development projects, maintain adequate service levels, and to continue enforcement services for on -going proactive efforts within the community to protect public health, safety and welfare, enforcing city codes related to nuisance and land use violations. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts awarded by any public agency employing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Enterprise Fleet Management, Inc. (Contract No. 030122-EFM) for procurement of fleet management services, open-end leases, maintenance management programs, etc., as a result of open, competitive bidding on behalf of its members, which includes government agencies. Utilizing Sourcewell's contract enables the City to enter into new agreements with Enterprise Fleet Management, Inc. (Enterprise) and obtain the best pricing and allows both SAPD and PBA to continue with the existing lease vehicles that are currently under contract. City Council 24 — 2 1/16/2024 Enterprise Fleet Management Lease Agreements January 16, 2024 Page 3 Staff recommends both the master walkaway and equity lease agreements, in order to have a variety of options available to meet the needs of the departments in terms of lease terms, monthly lease total, and available budgets. The maintenance management program agreement also provides options for SAPD to participate in this program for the monthly fee of $6 per vehicle, plus the cost of approved routine maintenance and repairs, in lieu of utilizing the City's fleet services. The Sourcewell's contract with Enterprise expires April 18, 2026 and may be extended for one additional year upon the request of Sourcewell and written agreement by Enterprise. If this agreement is extended, staff requests the City's agreement with Enterprise also be extended for the same one year period, upon written agreement by both parties. FISCAL IMPACT Funding is available in the FY 2023-24 budget in the following accounts for the January through June 2024 lease payments: Police Department Fiscal Accounting Unit — Fund Accounting Unit — Year Account No. Description Account No. Amount Description Police Department FY 23-24 01114XXX-62300 General Fund Various, Contract $230,268 Services - Professional Police Enforcement FY 23-24 01214010-62300 Cannabis Fund Services, Contract $30,000 Services - Professional Total $260,268 Planning & Building Agency Fiscal Accounting Unit — Fund Accounting Unit — Year Account No. Description Account No. Amount Description Planning and Building Agency FY 23-24 01116XXX-62300 General Fund Various, Contract $28,800 Services - Professional Enforcement FY 23-24 01216010-62300 Cannabis Fund Services, Contract $17,400 Services - Professional Total $46,200 City Council 24 — 3 1/16/2024 Enterprise Fleet Management Lease Agreements January 16, 2024 Page 4 The amounts above are estimates and subject to change, pending registration renewals, routine maintenance and repairs, and other fees. Funding for subsequent fiscal years, as well as the extension option if exercised, will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Master Walkaway Lease Agreement 2. Master Equity Lease Agreement 3. Maintenance Management and Fleet Rental Agreement 4. Supplemental Agreement between City and Enterprise 5. Indemnity Agreement for Master Walkaway Lease Agreement 6. Indemnity Agreement for Master Equity Lease Agreement 7. Amendment to Maintenance Management and Fleet Rental Agreement 8. Current Police Department Leases Submitted By: Robert Rodriguez, Acting Police Chief Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 24 — 4 1/16/2024 FLEET MANAGEMENT MASTER WALKAWAY LEASE AGREEMENT This Master Walkaway Lease Agreement is entered into thisl6thday of Tanuary , 20 24 , by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on the signature page below ("Lessee"). 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Walkaway Lease Agreement and the various Schedules and addenda to this Master Walkaway Lease Agreement, each of which are incorporated herein as part of a single unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules, Closed -End (Walkaway) Lease Rate Quotes, and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. Lessee agrees to pay Lessor interest charges, in connection with the acquisition of a Vehicle, for the period between the date Lessor issues payment to acquire such Vehicle and the date the Vehicle is delivered to Lessee. Such interest charges shall be included in each Schedule. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) The monthly rental rate allows the number of miles per month as set forth in the applicable Schedule. Lessee agrees to pay Lessor at the end of the applicable Term (whether by reason of expiration, early termination or otherwise) an excess mileage charge for any miles in excess of this average amount per month at the rate set forth in the applicable Schedule. (c) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (d) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate"). (e) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (f) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. (g) In the event Lessor, Servicer or any other agent of Lessor arranges for rental vehicle(s) with a subsidiary or affiliate of Enterprise Holdings, Inc., Lessee shall be fully responsible for all obligations under any applicable rental agreement. City Council 24 — 5 1/16/2024 Initials: EFM Customer 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi -governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S. Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor, in the same repair, condition and working order as at the commencement of the applicable Term, reasonable wear and tear resulting from proper use excepted. If a Vehicle is not returned in the required condition, Lessee agrees to pay Lessor, at Lessor's option, the estimated cost to restore such Vehicle to such condition, or the actual cost of restoration, if the Vehicle is restored. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, licensing, registration, delivery, purchase, sale, rental, Lessee's use or operation of the Vehicles. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be titled, registered and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor - owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling, licensing and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Lessee will not make (or cause to be made) any alterations, upgrades, upfitting, additions or improvements (collectively, "Alterations") to any Vehicle which (i) could impact or impair the "motor vehicle safety" (as defined by the Motor Vehicle Safety Act) of the Vehicle, or (ii) could impact, impair, void or render unenforceable the manufacturer's warranty. Without the prior written consent of Lessor, Lessee will not make (or cause to be made) any Alterations to any Vehicle which (i) detracts, impairs, damages or alters the Vehicle's nature, purpose, economic value, remaining useful life, functionality, utility, software or controls, or (ii) subjects the Vehicle or any part or component of such Vehicle to any lien, charge or encumbrance. Any Alterations of any nature to a Vehicle are made at Lessee's sole cost, risk and liability, including without limitation, any such Alterations approved by, or made with the assistance or at the direction of Lessor. Any replacement parts added to any Vehicle shall be in at least as good an operating condition as the prior part before the replacement (assuming such part was, at the time of the replacement, in the condition required by the terms of this Agreement). Any Alterations to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4 and shall be free of any liens, charges or encumbrances; provided, however, Lessor shall have the right at any time to require Lessee to remove any such Alteration at Lessee's sole cost, expense and liability. In no event or instance shall the value of any Alterations be regarded as rent. Lessee and Lessor acknowledges and agrees that Lessor will not be required to make any repairs, replacements or Alterations of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any such Vehicle(s) or this Agreement. (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERYAND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OFASIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A RANI JEACTi 1RFR OF ANY VFHiri F City Council 24 — 6 1/16/2024 Initials: EFM Customer (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THATALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. (d) In no event shall Lessor, Servicer or any other agent of Lessor or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Agreement, including, without limitation, any breach or performance of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Lessor, Servicer or any other agent of Lessor or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the due date of the next following monthly rent payment with respect to such Totaled Vehicle the total of (i) all rent and other amounts, if any, due at the time of such payment and allocable to the Totaled Vehicle plus (ii) the replacement value, as determined by Lessor in good faith, of the Totaled Vehicle immediately prior to the Casualty Occurrence. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations: (i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage per accident with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): State of Vehicle Registration Coverage Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, $1,000,000 Combined Single Limit Bodily Injury and Property Damage New York, Pennsylvania, Rhode Island, and Vermont per accident - No Deductible Florida $500,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Occurrence and $50,000 Property Damage per accident (100/300/50) - No Deductible (ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $1,000 per accident - Collision and $1,000 per accident - Comprehensive). If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the eve r, Servicer, any other City Council 24 — 7 1/16/2024 Initials: EFM Customer agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney -in -fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice. 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantor or if Lessee admits that it cannot pay its debts as they become due, makes an assignment for the benefit of creditors, is the subject of a voluntary or involuntary petition for bankruptcy, is adjudged insolvent or bankrupt, or a receiver or trustee is appointed for any portion of Lessee's assets or property; (g) if more than one (1) payment by Lessee to Lessor is returned by Lessee's bank for any reason within a twelve (12) month period; or (h) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, Servicer of Lessor, or any direct or indirect subsidiary of Servicer of Lessor, Enterprise Holdings, Inc. or a subsidiary or affiliate of Enterprise Holdings, Inc. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. City Council 24 — 8 1/16/2024 Initials: EFM Customer Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee (i) either the Vehicle (in the condition required by Section 4) or the estimated undamaged wholesale value of the Vehicle (as determined by Lessor in good faith) plus (ii) all accrued and unpaid rent for such Vehicle for the period ending on, and all other amounts owed by Lessee with respect to such Vehicle as of, the date all of the amounts owed by Lessee to Lessor under this clause (e) (including the amounts owed under this subclause (i)) are paid in full (the "Payment Date") plus (iii) an amount equal to three (3) months rent plus (iv) Thirty Percent (30%) of the total future rent due under the applicable Schedule for the period commencing on the Payment Date and ending on the last day of the scheduled Term; and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Without Lessor's prior written consent, Lessee shall not use or include Lessor's, Servicer's, any other agent of Lessor's names or trademarks orally or in writing in any media, customer lists or marketing materials. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles). 18. NON -PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Walkaway Lease Agreement. City Council 24 — 9 1/16/2024 Initials: EFM Customer 19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Walkaway Lease Agreement as of the day and year first above written. LESSOR: Enterprise FM Trust LESSEE: See Attached Signature Page By: Enterprise Fleet Management, Inc. its attorney in fact Signature: Signature: By: By. Title: Address: Title: Address: Date Signed Date Signed: Initials: EFM ART 24 - 10 1 /16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAM RA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 —11 1/16/2024 i0:I:n:11110 FLEET MANAGEMENT MASTER EQUITY LEASE AGREEMENT This Master Equity Lease Agreement is entered into this 16th day of January , 20 24 , by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on the signature page below ("Lessee"). 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms and conditions set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement, each of which are incorporated herein as part of a single, unitary Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor. 2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule. 3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules, Open -End (Equity) Lease Rate Quotes, and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. Lessee agrees to pay Lessor interest charges, in connection with the acquisition of a Vehicle, for the period between the date Lessor issues payment to acquire such Vehicle and the date the Vehicle is delivered to Lessee. Such interest charges shall be included in each Schedule. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applicable Term (whether by reason of expiration, early termination or otherwise). (b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date. (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment after the end of the applicable Term (subject to Lessor's right to recoup any amounts Lessor would owe to Lessee under this Section 3(c) against any obligations of Lessee to Lessor under this Agreement). Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle. (d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to and recouped against any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. (e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate"). City Council 24 — 12 1/16/2024 Initials: EFM Customer (f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate. (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. (h) In the event Lessor, Servicer or any other agent of Lessor arranges for rental vehicle(s) with a subsidiary or affiliate of Enterprise Holdings, Inc., Lessee shall be fully responsible for all obligations under any applicable rental agreement. 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances (including without limitation such federal, state and local laws, statutes, rules, regulations and ordinances governing autonomous vehicles and automated driving systems and any parts, components and products related thereto) and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. In connection with autonomous vehicles and automated driving systems and the parts, components and products related thereto, Lessee agrees to comply with all applicable guidance and professional standards issued, released or published by governmental and quasi -governmental agencies, including without limitation the federal guidance for automated vehicles published by the Department of Transportation and the Federal Automated Vehicle Policy issued by the U.S. Department of Transportation and the National Highway Traffic Safety Administration. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro -rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, licensing, registration, delivery, purchase, sale, rental, and Lessee's use or operation of the Vehicles. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same. 6. LICENSE AND CHARGES: Each Vehicle will be titled, registered and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor - owned vehicle. 7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling, licensing and/or registration laws of such other state. 8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Lessee will not make (or cause to be made) any alterations, upgrades, upfitting, additions or improvements (collectively, "Alterations") to any Vehicle which (i) could impact or impair the "motor vehicle safety" (as defined by the Motor Vehicle Safety Act) of the Vehicle, or (ii) could impact, impair, void or render unenforceable the manufacturer's warranty. Without the prior written consent of Lessor, Lessee will not make (or cause to be made) any Alterations to any Vehicle which (i) detracts, impairs, damages or alters the Vehicle's nature, purpose, economic value, remaining useful life, functionality, utility, software or controls, or (ii) subjects the Vehicle or any part or component of such Vehicle to any lien, charge or encumbrance. Any Alterations of any nature to a Vehicle are made at Lessee's sole cost, risk and liability, including without limitation, any such Alterations approved by, or made with the assistance or at the direction of Lessor. Any replacement parts added to any Vehicle shall be in at least as good an operating condition as the prior part before the replacement (assuming such part was, at the time of the replacement, in the condition required by the terms of this Agreement). Any Alterations to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4 and shall be free of any liens, charges or encumbrances; provided, however, Lessor shall have the right at any time to require Lessee to remove any such Alteration at Lessee's sole cost, expense and liability. In no event or instance shall the value of any Alterations be regarded as rent. Lessee and Lessor acknowledges and agrees that Lessor will not be required to make any repairs, replacements or Alterations of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any City Council 24 — 13 1/16/2024 Initials: EFM Customer expenditure whatsoever in connection with any such Vehicle(s) or this Agreement (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s). 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OFANY VEHICLE .1:V 1.rTC1aart.]ar-1111111rAr_1.myT.mm04ZX61y1.11FA•iaary4Z (b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle. (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee. (d) In no event shall Lessor, Servicer or any other agent of Lessor or their respective affiliates be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to this Agreement, including, without limitation, any breach or performance of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Lessor, Servicer or any other agent of Lessor or their respective affiliates were advised of the possibility of such damages and/or (iii) the legal or equitable theory (contract, tort or otherwise) upon which a claim, action, cause of action, demand, lawsuit, arbitration, inquiry, proceeding or litigation is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle. 11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability, and that Lessor will suffer immediate and irreparable harm if Lessee fails to comply with such obligations: (i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage per accident with No Deductible is required for each Vehicle capable of transporting more than 8 passengers): State of Vehicle Reaistration Coveraae Connecticut, Massachusetts, Maine, New Hampshire, New Jersey, $1,000,000 Combined Single Limit Bodily Injury and Property Damage New York, Pennsylvania, Rhode Island, and Vermont per accident - No Deductible Florida $500,000 Combined Single Limit Bodily Injury and Property Damage per accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 Per Accident and $50,000 Property Damage per accident (100/300/50) - No Deductible All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage Per Accident or $100,000 Bodily Injury Per Person Per Accident, $300,000 City Council $�a Per iden d 50,000 Property Damage D(00/300/50) — � '�% Initials: EFM Customer - No eductible (ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $1,000 per accident - Collision and $1,000 per accident - Comprehensive). If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney -in -fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action. (b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice. 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law. 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or City Council 24 — 15 1/16/2024 Initials: EFM Customer if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change in the financial condition, a going concern audit comment of Lessee or any guarantor, or if Lessee admits that it cannot pay its debts as they become due, makes an assignment for the benefit of creditors, is the subject of a voluntary or involuntary petition for bankruptcy, is adjudged insolvent or bankrupt, or a receiver or trustee is appointed for any portion of Lessee's assets or property; (g) if more than one (1) payment by Lessee to Lessor is returned by Lessee's bank for any reason within a twelve (12) month period; or (h) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, Servicer of Lessor, or any direct or indirect subsidiary of Servicer of Lessor, Enterprise Holdings, Inc. or a subsidiary or affiliate of Enterprise Holdings, Inc.. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recoverfrom Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative. 15. ASSIGNMENTS Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason. Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS. This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Without Lessor's prior written consent, Lessee shall not use or include Lessor's, Servicer's, any other agent of Lessor's names or trademarks orally or in writing in any media, customer lists or marketing materials. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several. 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of California (determined without reference to conflict of law principles). 18. NON -PETITION Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness City Council 24 — 16 1/16/2024 Initials: EFM Customer of Lessor, it shall not institute against, orjoin any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement. 19. NON -APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written. LESSEE: City of Santa Aria Signature: See Attached Signature Page By: Title: Address: Date Signed: , LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc. its attorney in fact Signature: By: Title: Address: Date Signed: , Initials: EFM r'I"Wheil 24 — 17 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TA AR BBO OSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 — 18 1/16/2024 EXHIBIT 3 --tternrise FLEET MANAGEMENT MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT This Agreement is entered into as of the 16th dayy of January, 2024 , by and between Enterprise Fleet Management, Inc., a Missouri corporation, doing business as "Enterprise Fleet Management' ("EF"), and City of Santa Ana (the "Company"). 1. ENTERPRISE CARDS. EFM will provide the Company with an EFM Card for each vehicle, which EFM Card is an electronic card and is located on the Efleets mobile app and the efleets.com client website, for use in authorizing the payment of charges incurred in connection with the vehicle maintenance program (the "Program") for a vehicle. The Company agrees to be and shall be liable to EFM for all charges made by or for the account of the Company with the EFM Card (otherthan any charges which are the responsibility of EFM under the terms of this Agreement). EFM will invoice the Company for all such charges, and the Company agrees to and shall pay to EFM all invoiced amounts in accordance with the terms of this Maintenance Management and Fleet Rental Agreement (Agreement). EFM reserves the right, and the Company agrees and acknowledges that EFM shall have the right, to change the terms and conditions as set forth in this Agreement for the use of the EFM Card at any time. The EFM Card is and shall remain at all times the property of EFM, and EFM may revoke the Company's right to possess, access, or use the EFM Card at any time and for any reason. The EFM Card is non -transferable. EFM will provide a driver information packet(the "Packet") outlining the Maintenance Management Program. The Parties agree that the Maintenance Management Program is subject to the terms and conditions of the Packet. 2. VEHICLE REPAIRS AND SERVICE: EFM will provide purchase order control by telephone, electronic mail, or in writing authorizing charges forservice, maintenance, or repairs exceeding $125.00, which may change from time to time based on market conditions, or such otheramount as may be established by EFM, in its sole discretion, from time to time under the Program. All charges for service, maintenance or repairs will be invoiced to EFM. Invoices will be reviewed by EFM for accuracy, proper application of any applicable manufacturer's warranty, application of potential discounts and unnecessary, unauthorized repairs. Notwithstanding the above, in the event the repairs and service are the result of damage from an accident or other non -maintenance related cause (including glass claims), these matters will be referred to the Company's Fleet Manager. If the Company prefers that EFM handle the damage repair, the Company agrees to assign the administration of the matter to EFM. EFM will administer such claims in its discretion.The fees for this service will be up to $125.00 per claim and the Company agrees to reimburse for repairs as outlined in this agreement. If the Company desires the assistance of EFM in recovering damage amounts from at fault third parties, a Vehicle Risk Management Agreement must be on file for the Company. 3. BILLING AND PAYMENT: All audited invoices paid by EFM on behalf of the Company will be consolidated and submitted to the Company on a single monthly invoice for the entire Company fleet covered under this Agreement. The Company is liable for, and will pay EFM within twenty (20) days after receipt of an invoice or statement for, all purchases invoiced to the Company by EFM, which were paid by EFM for or on behalf of the Company. EFM will be entitled to retain for its own account, and treat as being paid by EFM for purposes of this Agreement, any discounts it receives from a supplier with respect to such purchases which are based on the overall volume of business EFM provides to such supplier and not solely the Company's business. 4. RENTAL VEHICLES: The EFM Card allows the Company the option to arrange for a rental vehicle at a discounted rate with a subsidiary or affiliate of Enterprise Holdings, Inc. C'EHI") for a maximum of two (2) days without prior authorization from EFM. Extensions beyond two (2) days must be approved by EFM. The Company shall be fully responsible for all obligations under any rental agreementwith a subsidiary or affiliate of EHI pursuant to this Agreement. All drivers of a rental vehicle must be at least twenty one (21) years of age unless otherwise required by law, hold a valid driver's license, be an employee of the Company and authorized by the Company through established reservation procedures and meet all other applicable requirements of the applicable subsidiary or affiliate of EHI. The Company will be provided a specific telephone number for use in arranging a rental vehicle described in this Section. 5. NO WARRANTY- The Company acknowledges that EFM does not perform maintenance or repair services on the Company's vehicles or any rental vehicles and any maintenance or repair services are to be performed by third parties. EFM MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO PRODUCTS, REPAIRS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, OPERATION, CONDITION, SUITABILITY, PERFORMANCE, QUALITY OR FITNESS FOR USE. Any defect in the performance of any product, repair or service will not relieve the Company from its obligations under this Agreement, including without limitation the payment to EFM of monthly invoices. 6. CANCELLATION: Either party may cancel any Card under this Agreement or this Agreement in its entirety at any time by giving thirty (30) days written notice to the other party. The cancellation of any Card or termination of this Agreement will not affect any rights or obligations under this Agreement which shall have previously accrued or shall thereafter arise with respect to any occurrence prior to such cancellation or termination. Upon such cancellation or termination, the Company shall immediately cease using or accessing the EFM Card. Notice to EFM regarding the cancellation of any Card shall specify the Card number and identify the Company's representative. EFM will exercise due care to prevent additional charges from being incurred once the Company has notified EFM of its desire to cancel any outstanding Card under this Agreement. City Council 24 — 19 1/16/2024 Initials: EFM Company 7. NOTICES: Any notice or other communication under this Agreement shall be in writing and delivered in person, electronic mail or mailed postage prepaid by registered or certified mail or sent by express overnight delivery service with a nationally recognized carrier, to the applicable party at its address set forth on the signature page of this Agreement, or at such other address as any party hereto may designate as its address for communications under this Agreement by notice so given. Any such notice or communication sent by mail will be effective and deemed received three (3) days after deposit in the United States mail, duly addressed to the address for the Party set forth below, with registered or certified mail postage prepaid. Any such notice or communication sent by express overnight delivery service with a nationally recognized carrier will be effective and deemed received one (1) day after deposit with such delivery service, duly addressed, with delivery fees prepaid. The Company shall promptly notify EFM of any change in the Company's address. $_ FEES: EFM will charge the Company for the service under this Agreement $ per month per Card. 9. MISCELLANEOUS: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that Company may not assign, transfer or delegate any of its rights or obligations under this Agreement without the prior written consent of EFM. This Agreement is governed by the substantive laws of the State of Missouri (determined without reference to conflict of law principles). IN WITNESS WHEREOF, EFM and the Company have executed this Maintenance Management and Fleet Rental Agreement as of the day and year first above written. COMPANY' City of Santa Aria Signature: See Attached Signature Page By: Title: Address: Date Signed: EFM: Enterprise Fleet Management, Inc. Signature: _ By: Title: Address: Date Signed Initials: EFM Gif 'rMnG -- 24 — 20 1 /16/2024 IN WTINESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:lAa TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 — 21 1/16/2024 103:11:3111111115"! SUPPLEMENTAL AGREEMENT BETWEEN ENTERPRISE FLEET MANAGEMENT, INC AND CITY OF SANTA ANA FOR VEHICLE LEASE AND MAINTENANCE THIS SUPPLEMENTAL AGREEMENT is made and entered into on this 16th day of January 2024, by and between Enterprise Fleet Management, Inc., a Missouri corporation also known as "Servicer" in the Master Equity Lease Agreement ( "Enterprise"), 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"). Enterprise and the City are referred to collectively as "The Parties." RECITALS A. The City of Santa Ana leases vehicles for personnel assigned to the Investigations Bureau at the Santa Ana Police Department ("SAPD"), and for personnel assigned to the Planning and Building Agency ("PBA"), to assist with code enforcement, building inspection and cannabis enforcement activities to protect public health, safety and welfare, enforcing city codes related to nuisance and land use violations. B. The City wishes to contract with Enterprise to facilitate the leasing and maintenance services of vehicles. The Santa Ana Police Department is the only department who will utilize the maintenance program. C. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts awarded by any public agency employing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Enterprise Fleet Management, Inc. (Contract No. 030122-EFM) for procurement of fleet management services, open-end leases, maintenance management programs, etc., as a result of open, competitive bidding on behalf of its members, which includes government agencies. D. Utilizing Sourcewell's contract enables the City to enter into these agreements with Enterprise and obtain the best pricing and allows SAPD and PBA to continue with the existing lease vehicles currently under contract. E. This pricing and services under this Agreement is in accordance with the contract between Enterprise Fleet Management and Sourcewell for Fleet Management Services Request for Proposal #030122-EFM effective until April 18, 2026. F. Enterprise has several Agreements it requires the City to execute for the lease and maintenance of vehicles. This Supplemental Agreement supplements the following Enterprise Agreements: Master Walkaway Lease Agreement (MWLA); Master Equity Lease Agreement (MELA), and Maintenance City Council 24 — 22 1/16/2024 Management and Fleet Rental Agreement, Indemnity Agreement for MWLA, Indemnity Agreement for MELA, and Addendum to Maintenance Management Agreement (collectively "Enterprise Agreements"). 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. COMPENSATION a. The total amount to be expended for the lease and maintenance of vehicles from Enterprise for the Santa Ana Police Department and the Planning and Building Agency shall not exceed $612,936, annually. b. All rent and other charges incurred in connection with the leased vehicles shall be consistent with paragraphs 3, 5 and 6 of the Master Equity Lease Agreement and Master Walkaway Lease Agreement entered into between the parties. c. All vehicle repair and service fees, billing and payments in connection with the leased vehicles shall be consistent with paragraphs 2 and 3 of the Maintenance Management Agreement and Fleet Rental Agreement entered into between the parties. 2. TERM Sections 2 and 3 of the Enterprise Master Equity Lease Agreement and the Enterprise Master Walkaway Lease Agreement will govern the Term, Rent and Other Charges, however, the parties acknowledge, understand and agree, due to the not to exceed amount listed in paragraph 1(a) herein, the City is not obligated by this Supplemental Agreement or any of the Enterprise Agreements to extend the term of the lease or maintenance of any leased vehicles past April 18, 2026. Further, the City retains the option to grant up to one (I) -year renewal of such authority, exercisable by a writing by the City Manager and the City Attorney. Cancellation of maintenance will be in accordance with Section 6 of the Maintenance Management and Fleet Rental Agreement. 3. INSURANCE The City's insurance requirements for the leased vehicles shall be consistent with paragraph 11 in the Master Equity Lease Agreement and Master Walkaway Lease Agreement. City Council 24 — 23 1/16/2024 4. EXECUTION OF AGREEMENTS WITH ENTERPRISE With approval from the City Council, the City Manager shall execute the following seven (7) Agreements between Enterprise and the City: • Mater Walkaway Lease Agreement ("MWLA") • Master Equity Lease Agreement ("MELA") • Maintenance Management and Fleet Rental Agreement • Supplemental Agreement • Indemnity Agreement for MWLA • Indemnity Agreement for MELA • Addendum to Maintenance Management Agreement The parties shall comply with the terms and conditions set forth in all seven Agreements listed herein 5. PRIOR PENDING OR EXISTING LEASE AGREEMENTS The parties agree the Enterprise Agreements referred to herein do not alter, change, modify, amend, revise, supplement or change the terms and conditions for any prior pending and/or existing agreements for vehicles leased by the City from Enterprise prior to the effective date of these Agreements, or January 16, 2024. The City is not obligated by any of the Enterprise Agreements to extend the term of the lease or maintenance of any vehicles past April 18, 2026. Notwithstanding anything to the contrary in This Section 5, City understands and agrees that termination of a lease will be in accordance with Section 3 of the Master Equity Lease Agreement and Master Walkaway Lease Agreement and cancellation of maintenance will be in accordance with Section 6 of the Maintenance Management and Fleet Rental Agreement. 6. 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. 7. INDEMNITY The parties are entering into separate Indemnity Agreements, as identified in paragraph 4 herein which will govern the indemnity obligations between the parties. (Signatures on following page) City Council 24 — 24 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 � d ' m 14 J� 1� By: - -- Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Robert Rodriguez Acting Chief of Police CITY OF SANTA ANA Thomas R. Hatch Interim City Manager ENTERPRISE FLEET MANAGEMENT INC.: Lo Minh Thai Executive Director Planning and Building City Council 24 — 25 1/16/2024 EXHIBIT 5 FLEET MANAGEMENT INDEMNITY AGREEMENT This Agreement is entered into as of the 16th day of January, 2024, by and between Enterprise Fleet Management, Inc., (EFM), a Missouri corporation, and City of Santa Ana. WITNESSETH: INDEMNITY: Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify City of Santa Ana from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which City of Santa Ana may incur by reason of EFM's breach or violation of, or failure to observe or perform, any of its obligations as Servicer (EFM in such capacity, "Servicer") for Enterprise FM Trust in connection with the Master Walkaway Lease Agreement between City of Santa Ana and Enterprise FM Trust dated as of the date hereof, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of the Servicer. Capitalized terms used herein and not defined herein shall have the meanings given in the Lease. IN WITNESS WHEREOF, EFM and City of Santa Ana have executed this Indemnity Agreement as of the day and year first above written. Company: City of Santa Ana (See attached Signature Page) By: Title: Address: Date Signed: EFM: ENTERPRISE FLEET MANAGEMENT INC. By: Title: Address: Date Signed: City Council 24 — 26 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAM RA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 — 27 1/16/2024 i0:I:n:11r. FLEET MANAGEMENT INDEMNITY AGREEMENT This Agreement is entered into as of the 16th day of January, 2024, by and between Enterprise Fleet Management, Inc., (EFM), a Missouri corporation, and City of Santa Ana. WITNESSETH: INDEMNITY: Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify City of Santa Ana from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which City of Santa Ana may incur by reason of EFM's breach or violation of, or failure to observe or perform, any of its obligations as Servicer (EFM in such capacity, "Servicer") for Enterprise FM Trust in connection with the Master Equity Lease Agreement between City of Santa Ana and Enterprise FM Trust dated as of the date hereof, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of the Servicer. Capitalized terms used herein and not defined herein shall have the meanings given in the Lease. IN WITNESS WHEREOF, EFM and City of Santa Ana have executed this Indemnity Agreement as of the day and year first above written. Company: City of Santa Ana (See attached signature page) By: Title: Address: Date Signed: EFM: ENTERPRISE FLEET MANAGEMENT INC. By: Title: Address: Date Signed: City Council 24 — 28 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAM RA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 — 29 1/16/2024 FLEET MANAGEMENT AMENDMENT TO MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT THIS AMENDMENT ("Amendment") dated this 16th day of January, 2024 is attached to, and made a part of, the MAINTENANCE MANAGEMENT AND FLEET RENTAL AGREEMENT entered into on the day of ("Agreement") by and between Enterprise Fleet Management Inc., a Missouri corporation ("EFM") and City of Santa Ana ("Company"). This Amendment is made for good and valuable consideration, the receipt of which is hereby acknowledged by the parties. Section 5 of the Maintenance Management and Fleet Rental Agreement is amended to add the following paragraph: In the event Company notifies EFM of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, EFM will, in good faith, attempt to resolve the Company's claims in a manner satisfactory to all parties and EFM will provide commercially reasonable assistance to Company in any communications and/or negotiations with the vendor or service provider with respect to claims relating to such Vehicle. All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. IN WITNESS WHEREOF, Company and EFM have executed this Amendment to Maintenance Management and Fleet Rental Agreement as of the day and year first above written. City of Santa Ana (Company) By (See attached signature page) Title: Date Signed: ENTERPRISE FLEET MANAGEMENT. INC. By. Title: Date Signed: City Council 24 — 30 1/16/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAM RA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 24 — 31 1/16/2024 Current Police Department Leases Vehicle # Chief'sOffice Division Purpose 1 Chief General Police Duties 1 Executive Officer General (PMA MOU) 1 Internal Affairs Critical Incident Response (PMA MOU) 1 Adjutant General Admin Duties 1 PIO Critical Incident Response Administration 1 Deputy Chief General (PMA MOU) 1 Training Commander General (PMA MOU) 1 Training General/Transport OCSD Academy 1 Human Resources General (Share w/Backgrounds) 2 Backgrounds Field Interviews 1 CDC Loaner Field Operations 1 Deputy Chief General (PMA MOU) 3 Area Commanders General (PMA MOU) 3 Watch Commanders General (PMA MOU) 1 Traffic Commander General (PMA MOU) 2 Directed Patrol Undercover Capabilities 1 Emergency Management EOC Activation Response 1 Traffic General/Major Collision Response Investigations 1 Deputy Chief General (PMA MOU) 3 Commanders General Field Response (PMA MOU) 7 Criminal Investigations Field Response/Interviews 10 Homicide Field Response/Interviews 1 Gangs Undercover Capabilities 7 MMDTF Undercover Capabilities Jail Bureau 1 Jail Administrator General (PMA MOU) Miscellaneous 1 Unassigned Returned to Enterprise due to vacancy City Council 24 — 32 1/16/2024 City Clerk's Office www.santa-ana.org/city-clerks-office Item # 25 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Election of Mayor Pro Tern for 2024 AGENDA TITLE Election of Mayor Pro Tern for 2024 RECOMMENDED ACTION Nominate and elect one Councilmember to serve as Mayor Pro Tern for calendar year 2024. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the December 8, 2020 Special City Council meeting, the City Council decided to make the mayor pro tem position an annual appointment rather than a two-year appointment as was previous practice. At the November 8, 2022 General Municipal Election, the Santa Ana electorate approved amendments to the Santa Ana City Charter, including revisions to Section 405, which now reads: "Each calendar year, at the first meeting in January, the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the city or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403." Section 405 provides that all members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they have previously served as mayor pro tem, with the exception that the mayor pro tem from the previous year cannot be selected as the mayor pro tem for the next year. The mayor pro tem serves at the will and pleasure of the City Council and may be replaced by four affirmative votes of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Mayor Pro Tern History City Council 25 — 1 1/16/2024 Election of Mayor Pro Tern for 2024 January 16, 2024 Page 2 Submitted By: Jennifer L. Hall, City Clerk Approved By: Tom Hatch, Interim City Manager City Council 25 — 2 1/16/2024 CITY OF SANTA ANA HISTORY OF MAYOR PRO TEM d�1�P►[�I►�il 3=1:7 2023 Jessie Lopez 2022 Phil Bacerra 2021 David Penaloza 2019-2020 Juan Villegas 2017-2018 Michele Martinez 2015-2016 Vicente Sarmiento 2013-2014 Sal Tinajero 2011-2012 Claudia Alvarez 2009-2010 Claudia Alvarez 2/2007-2008 Claudia Alvarez 11/2006-2/2007 Carlos Bustamante 2005-11/2006 Lisa Bist 2003-2004 Brett Franklin 2001-2002 Patricia McGuigan 1999-2000 Tom Lutz 1997-1998 Robert Richardson 1995-1996 Robert Richardson 1993-1994 Miguel Pulido 1991-1992 Miguel Pulido 1989-1990 John Acosta City Council 25 — 3 1/16/2024 Planning and Building Agency www.santa-ana.org/planning-division/ Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Vista Heritage Charter School (601 North Fairview Street) AGENDA TITLE Amendment Application No. 2023-04 and Zoning Ordinance Amendment No. 2023-03 for the expansion of Vista Heritage Charter School located at 601 North Fairview Street Published in the Orange County Reporter on January 5, 2024 and notices mailed on January 4, 2023. RECOMMENDED ACTION 1. Approve first reading of an ordinance approving Amendment Application (Zone Change) No. 2023-04. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) 2. Adopt first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned. ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS 3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 — Existing Facilities) of the CEQA Guidelines City Council 26 — 1 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 2 and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. EXECUTIVE SUMMARY Collin Felch, representing Vista Heritage Charter Schools, is requesting approval of Amendment Application (Zone Change) No. 2023-04 and Zoning Ordinance Amendment (ZOA) No. 2023-03 to rezone 601 North Fairview Street (APN: 405-241-04) and expand the boundaries of Specific Development No. 82 (SD-82) to accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Charter School. Approval of the amendment application will allow the change for the zoning of the subject property from Light Industrial (M1) to SD- 82. Furthermore, the zoning ordinance amendment will expand the boundaries of SD-82, and allow Administrative Offices as a permitted use on Parcel 4, and Outdoor Play Areas as a permitted use ancillary to schools on Parcel 2. Staff is recommending approval of the requests subject to conditions of approval that will address any potential negative impacts on the neighboring land uses. Moreover, staff is supporting the applicant's request because the project complies with the General Plan goals and policies and with the applicable zoning district's development standards. The proposed project seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe, and creative environment. Planning Commission Action and Background At its regular meeting on December 11, 2023, the Planning Commission voted 6:0 (Commissioner Ramos absent) following a public hearing to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04 and an ordinance approving Zoning Ordinance Amendment No. 2023-03. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Project Description The amendment application will allow the rezoning of the subject property from M1 to SD-82 and help facilitate the conversion of a 5,837-square-foot industrial building into an administrative office that will serve Vista Heritage Charter School. Furthermore, the proposed administrative office will serve as headquarters for Vista Heritage Charter School that will oversee a total of six charter schools and it will employ a total of ten individuals that are currently employed at different Vista Heritage Charter Schools. The SD-82 boundaries would be expanded to include the subject property (601 N. Fairview Street or Parcel 4 as illustrated on Exhibit 9), which is approximately 39,437 square feet and located north of the existing SD-82 zoning district, and adjacent to Fairview Street and the Pacific Electric right-of-way (ROW). City Council 26 — 2 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 3 As part of the overall scope of work, the applicant also proposes various site improvements at the subject site on Parcel 4, including improved landscape in the parking lot; a fagade remodel to the existing 5,837-square-foot industrial building that is proposed to be converted into an office; construction of a new 2,297-square-foot garden; and new gates to enclose the garden. The new proposed garden will be located in the rear of the existing industrial building to be converted into an administrative office within a gated area and it will serve the Vista Heritage Charter School administrative office employees. Additionally, the building improvements for the converted office building will include fagade modifications to create new glass windows and doors; removal of the garage doors; and the creation of new offices, conference rooms, reception area, storage rooms, and an employee breakroom. Furthermore, the scope of work includes improvements at the Vista Heritage Charter School location (2501 W. Fifth Street or Parcel 2 as illustrated on Exhibit 9) for a new outdoor play area that totals 12,012 square feet and gates to enclose the play area. The existing indoor gym and office spaces will remain for indoor recreation and physical education for the students and administrative purposes, without any proposed changes. The outdoor play area will be located directly adjacent to Vista Heritage Charter School on the north side of the building and will serve as a play area for the school's students during the school's regular business hours. Lastly, the site improvements include a metal wire fence that will be installed by Orange County Transportation Authority (OCTA) along the north property line adjacent to the OC Street Car tracks. At this time, there is no additional square footage being proposed. All the proposed improvements will fall within the existing building. The current student enrollment is 840 students and there is no expansion of student enrollment or school capacity proposed as part of the project. Table 1: Project and Location Information Item Information Project Address and Council Ward 601 North Fairview Street — Ward 5 Nearest Intersection Fairview Street and Fifth Street General Plan Designation Industrial/Flex-Medium (Flex-1.5) Existing Zoning Designation Light Industrial (Ml) Proposed Zoning Designation Specific Development No. 82 (SD-82) Surrounding Land Uses North Pacific Electric Right -of -Way (ROW)/OCT Streetcar and School District Offices East Pacific Electric Right -of -Way (ROW)/OCTA Streetcar South Vista Heritage Charter School and Industrial Businesses West Lydia Romero -Cruz Academy Property Size 0.905 Acres (39,437 square feet) Existing Site Development The subject site contains a one-story, 5,837-square-foot building. Existing Site Uses Auto repair uses to be converted into administrative uses. Tenant Size 5,837 square feet Use Permissions Amendment to allow Administrative Offices as a permitted use on Parcel 4, and Outdoor Play Areas as a permitted use City Council 26 — 3 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 4 ancillary to schools on Parcel 2, within the SD-82 and subject tooperational standards. Zoning Code Sections Affected Uses SAMC Section 41-593 and SD-82 Operational Standards SAMC Section 41-593 and SD-82 Table 2: Development Standards Standard Required by SAMC and SD-82 Provided Permitted Uses Administrative Offices on Parcel Complies: The administrative office 4; and Outdoor Play Areas as a building is 5,837 square feet is permitted use ancillary to located on Parcel 4, and the Outdoor schools on Parcel 2 Play Area is located on Parcel 2. Walls and Screening Roof equipment shall be Complies: New roof mounted screened. mechanical equipment will be screened with a parapet wall. Additionally, the line -of -sight illustrates that the equipment will not be visible to pedestrians in the new vicinity. Landscaping 10-foot wide landscape area is Complies: the site plan illustrates a required along north property 10-foot wide landscape area along line and landscaped planter shall the north property line and landscape meet the commercial landscape planters that comply with commercial standards landscape standards. Parking Per previous entitlements, the Complies: The site plan illustrates 293 site must contain a minimum of parking spaces. 287 parking spaces. Floor Area Ratio FAR 1.5 maximum Complies: 0.14 FAR Project Background On October 6, 2008, the City Council approved several entitlements for the Civic Center Business Park located at the northeast corner of Fifth Street and Fairview Street, including Amendment Application No. 2008-06 (Ordinance No. NS-2777). The amendment application allowed for a zone change of the business park site from M1 to SD-82. The request was initiated by the Templo Calvario Assembly of God Church, which at the time was proposing to expand their worship facilities by constructing a larger sanctuary at 2501 West Fifth Street. However, the specific development still allowed for the retention of the existing office, retail, and industrial uses operating in the business park, by allowing all uses within the Light Industrial (M1) zoning district. Subsequently, on January 21, 2020, the City Council approved additional entitlements affecting the business park, including ZOA No. 2019-01 (Ordinance No. NS-2983), to allow school uses by right. City Council 26 — 4 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 5 Prior to the approval of ZOA No. 2019-01, school uses had been in operation at the business park. Specifically, Templo Calvario operated a preschool and kindergarten at 2609 West Fifth Street since the 1990s. In 2003, the Edward B. Cole Senior Academy occupied the site until it relocated to another Santa Ana location in 2010. From 2011 to 2015, Templo Calvario once again operated a school at this location. In 2015, Vista Heritage Charter School took over operations at the site. In 2019, Vista Heritage Charter School expanded their 6-8t" grade operation located at 2609 W. Fifth Street to include kindergarten through 5t" grades within two adjacent suites, pursuant to approval of ZOA No. 2019-01, which also allowed an increase in student enrollment and school operations. Currently, Vista Heritage Charter School occupies approximately 66,000 square feet of building space and accommodates a maximum of 870 students, at 2601 through 2617 West Fifth Street. Project Analysis The proposed project aims to achieve two primary objectives. First, the zoning ordinance amendment is seeking to expand the boundaries of SD-82 and allow an Administrative Office use on Parcel 4, and an Outdoor Play Areas on Parcel 2, as an ancillary use to the Vista Heritage Charter School. Second, the amendment application intends to amend the zoning map by rezoning the subject property from M1 to SD-82. The following sections of this report provides analysis for the proposed action item and the basis for staff's recommendation of approval for the project. Zoning Ordinance Amendment Pursuant to SAMC Section 41-593.1, the purpose and intent of a specific development (SD) designation is to provide a tailored and flexible zoning approach to address specific and exceptional circumstances associated with certain parcels, while protecting and promoting the public health, safety, and general welfare of the City and its residents. These circumstances may include unique characteristics, historical significance, or specific community needs that deviate from the standard zoning regulations. Moreover, SD designations protect and enhance the value of properties by encouraging the use of good design principles and concepts; encouraging, securing, and maintaining the orderly and harmonious appearance, attractiveness, and aesthetic development; providing a method whereby specific development plans are based on the general plan; and by recognizing the interdependence of land values and aesthetics and providing a method to implement interdependence. For this specific proposal, the applicant is proposing to amend the SD-82 document to allow Administrative Offices as a permitted use on Parcel 4 and Outdoor Play Areas on Parcel 2, ancillary to the existing school. In response to this application, staff is proposing that SD-82 be revised pursuant to Table 3 below: Table 3: Permitted Uses and Operational Standards for SD-82 REQUIREMENT ISSUE AND PROPOSED AMENDMENT STANDARDS: I Issue: City Council 26 — 5 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 6 School traffic may conflict with local traffic patterns and adjacent uses. In Circulation and Parking primarily industrial districts, like SD-82, the impacts could be particularly Management Plan severe. Proposed Amendment: The school prepared a Circulation and Parking Management Plan ("Plan") that was reviewed as part of the Development Project Review (DP) that was submitted in February of 2023. The Plan takes into account the parking, onsite circulation, drop off, and pick up. The Plan identifies how the school buses will pick-up and drop-off students within the front parking lot. The Plan is designed to accommodate the existing school population and to ensure that there is no vehicle queuing off -site or conflicts with the adjacent industrial buildings to the north and west of the site. Future modifications to the Plan may require a traffic analysis to demonstrate compliance. Lastly, at this time, the project does not propose an increase in student enrollment or additional square footage. Physical Education Issue: Activity Area Standards Noise resulting from physical education or after -school sports activities can impact adjacent residents or tenants. Proposed Amendment: Physical education activity areas shall be designed so that their use does not disturb the commercial or industrial uses during regular business hours and residential uses between the hours of 8 p.m. and 7 a.m. As proposed, the physical education activities will be relocated to a designated gated area located directly adjacent to the existing school. In addition, the school's regular hours are Monday through Friday from 8:30 a.m. to 3:00 p.m. Outdoor activities will not take place outside of the school's regular hours. Furthermore, the noise sources are typically intermittent and short in duration. Additionally, the impact of noise diminishes significantly with distance from its origin. The sensitive receptors (residential zones and land uses) are situated approximately 200 feet away. Therefore, the proposed Outdoor Play Area's generated noise would not adversely affect these sensitive receptors. Administrative Offices Issue: The administrative office may increase parking demand and traffic generation of the entire site. Proposed Amendment: The proposed change of use is not expected to impact the parking demand on -site due to specific parking requirements. The administrative office requires three (3) parking spaces per 1,000 square feet; whereas, the auto -repair businesses required five (5) parking spaces per 1,000 square feet. Additionally, the administrative office will only be employing a total of ten (10) individuals and the total increase in trip generation during peak hours is not significant enough to trigger concerns. Maximum Student Issue: Enrollment Number of students can dictate the level of impact on adjacent uses. More students mean more cars or buses picking up or dropping off students, more children on the playground, and more noise. City Council 26 — 6 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 7 Proposed Amendment: The proposed number of students will not increase. The number of student enrollment will remain at a maximum of 870 students. This enrollment cap will remain in the SD document. Industrial Uses Issue: The current list of permitted uses in SD-82 contains various industrial uses, which are no longer consistent with the General Plan land use designation and the designated focus area. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, research and development, among other uses. Moreover, the focus area is intended to transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. Proposed Amendment: The proposed amendment will update the list of permissible uses per zone to establish consistency with the Flex-1.5 General Plan land use designation and the focus area. Amendment Application Currently, the site to the south of 601 N. Fairview Street is zoned SD-82, and the proposed rezoning intends to align the subject site with the existing development to the south. Within the SD-82 regulations, permissible uses encompass industrial, school, and church uses. Expanding the SD-82 boundaries will accommodate additional administrative office use at 601 N. Fairview Street. This zoning adjustment aims to repurpose the existing industrial building, historically serving as an auto -repair business, into an administrative office space. Under the current M1 zoning, only up to 30% of the gross floor area can be allocated for administrative office use. The proposed rezoning, coupled with amendments to the SD- 82 regulations, seeks to enable the existing building's operation as an administrative office without constraint, limited to Parcel 4. More importantly, the rezoning is not anticipated to exacerbate traffic flow, parking demands, or noise impacts. As detailed in Table 3, the proposed rezoning is projected to address and mitigate any potential adverse effects on the surrounding community. General Plan Consistency The proposed zoning amendment advances the vision for the subject site's General Plan Focus Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. The property is located in the West Santa Ana Boulevard Focus Area and is designated as Industrial/Flex-Low (Flex-1.5). This Focus Area envisions a mixed -use corridor with a goal of transitioning out existing auto - City Council 26 — 7 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 8 oriented and traditional industrial uses to clean manufacturing and research and development uses, and live -work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the approval of the subject project will be consistent with the General Plan land use designation and the designated focus area. The Flex-1.5 land use designation encourages a myriad of industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, research and development, among other uses. Furthermore, the West Santa Ana Boulevard Focus Area is intended to transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. Moreover, the approval of the proposed applications will be consistent with the goals and policies of the General Plan, specifically Goals 1, 2, and 3 of the Land Use Element (LU). Goal 1 of the LU provides a land use plan that improves the quality of life and respects the existing community. Policy 1-8 encourages new development to provide a new community benefit. The change of use from auto -repair to office will provide a benefit to the community by reducing the noise, fumes, and waste that stem from auto - repair -like businesses. Additionally, the outdoor play area for the school will allow the school to offer their students a space for recreational purposed within their business hours. Goal 2 of the LU seeks a balance of land uses to meet Santa Ana's diverse needs. Policy 2-6 promotes rehabilitation of properties and encourages increased levels of capital investment to create a safe and attractive environment. Approval of the amendment application and the zoning ordinance amendment will promote the rehabilitation of the existing building with a new fagade and site improvements. Goal 3 of the LU seeks to preserve and improve the character and integrity of existing neighborhoods and districts. Policy 3-7 promotes a clean, safe, and creative environment for Santa Ana's residential, workers, and visitors. Approval of the project will promote a clean, safe, and creative environment for Santa Ana's residents by reducing hazardous waste produced by auto repair businesses, enhancing the architecture of the existing building, and enhancing the site by introducing new landscape. City Council 26 — 8 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 9 Covenants, Conditions, and Restrictions During the development review phase of the project, the City obtained information concerning the Covenants, Conditions, and Restrictions (CC&Rs) governing both Parcel 2 and Parcel 4 illustrated in Exhibit 9. These CC&Rs outline potential use restrictions that could impact these parcels. However, these stipulations do not hinder the City's authority to proceed with the intended rezoning and revising of the SD-82 text. Furthermore, the text of SD-82 requires the update and clarification of these CC&Rs, mandating their refinement and subsequent submission to the City before permit issuance. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations for both the Planning Commission and the City Council public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. In addition to the above noticing, the project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first community meeting was held March 6, 2023. Eleven members of the community attended and posted questions relating to on -site traffic circulation, the outdoor play area, the location of the proposed fences, and parking concerns. The second community meeting was held May 15, 2023, during which 10 members of the community attended and expressed that the site plan did not address the traffic circulation concerns raised previously. Materials from the two required community meetings are included with this report as Exhibit 8, and all materials were published to the project's webpage on the City's website at santa-ana.org/vista-charter-school/. Additional Outreach The applicant organized an additional meeting on May 23, 2023, with stakeholders, City staff, and Orange County Transportation Authority (OCTA) staff to discuss the parking requirements of Parcel 2 and Parcel 4 listed in the CC&Rs and optional overflow parking not listed in the CC&Rs for Templo Calvario. Moreover, on November 3 and November 15, the applicant met with various stakeholders to discuss the proposed site plan, parking requirements, and clarification on the CC&Rs limitations. The purpose of the meetings was to ensure ongoing communication about the steps and substance needed in order to revise the CC&Rs to reflect the current project, should the requested entitlements be approved. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 — Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. City Council 26 — 9 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 10 Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 7 has been prepared, and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualified for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates the change of use of the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscaping, fagade remodel, and new outdoor areas for the office and the school. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions: a) The project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize City Council 26 — 10 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 11 or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The GPU identifies that the Interim Development Standard for the FLEX-1.5 area are those development standards outlined for the M1 zoning designation. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses, and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. ECONOMIC AND FISCAL IMPACTS To date, the proposed project has generated a total of 156 temporary employment opportunities, including environmental engineers, environmental remediation technicians, demolition crew, architects, engineers, development consultants, and an attorney. Additionally, the new administrative office will create ten permanent employment positions. Moreover, the applicant will pay approximately $46,235 in entitlement, plan check, and permit fees. There is no fiscal impact associated with this action. EXHIBIT(S) 1. Amendment Application Ordinance 2. Zoning Ordinance Amendment Ordinance 3. Vicinity Zoning and Aerial Map 4. Site Photo 5. Full Project Plans 6. Renderings 7. Environmental Analysis and Exemption 8. Community Meetings Documents 9. Parcel Map in Recording No. 86-284222 10. Planning Commission Agenda Packet with Public Comments City Council 26 —11 1/16/2024 Vista Heritage Charter School (601 North Fairview Street) January 16, 2024 Page 12 Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 26 — 12 1/16/2024 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Red Hook Capital Partners, LLC with Vista Heritage Charter Schools ("Applicant") representing 2609 W. 5th Street LLC (Property Owner) is requesting approval of Amendment Application (AA) No. 2023-04 to change the zoning designation of the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82) in order to facilitate the change of use of an existing auto -repair business to an administrative office. B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. On April 19, 2022, the City adopted the General Plan Update and it went into effect on May 26, 2022. The approval of the subject project is consistent with the Industrial/Flex-Low (Flex-1.5) General Plan land use designation and the designated West Santa Ana Boulevard Focus Area. The Flex-1.5 land use designation encourage a myriad of industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site's General Plan Focus Ordinance No. NS-XXXX City Council 26 — 13 1/16/ of 7 Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed -use corridor with a goal of transitioning out existing auto -oriented and traditional industrial uses to clean manufacturing and research and development uses, and live -work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the focus area would transition the auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. D. The entire Project as currently proposed entails, among other things, (1) Approval of Amendment Application No. 2023-07 to change the site's zoning designation from Light Industrial (M1) to Specific Development No. 82 (SD-82) and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices as a permitted use on Parcel 4, and an Outdoor Play Area in Parcel 2 ancillary to the Vista Heritage Charter School. E. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. F. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04. G. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04. H. For the reasons contained herein, and each of them, Amendment Application No. 2023-04 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Ordinance No. NS-XXXX City Council 26 — 14 1/16/ of 7 Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. Ordinance No. NS-XXXX City Council 26 — 15 1/16/ of 7 (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation Ordinance No. NS-XXXX City Council 26 — 16 1/16/ 4 of 7 measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2023-04. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2023 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. 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 7. This Ordinance shall become effective thirty (30) days after its adoption. Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page] Ordinance No. NS-XXXX City Council 26 — 17 1/16/ of ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: el. J se Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 26 — 18 1/16/ of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 26 — 19 1/1 67mlof 7 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 20, 2008, the City Council adopted Ordinance No. NS-2777, rezoning the property located at 2501 West Fifth Street, described as Parcels 1 and 2 of Parcel Map No. 84-886, as shown on a map filed in Book 198, Pages 19-20 of Parcels Maps in the Office of the County Recorder of Orange County, California, from Light Industrial (M-1) to Specific Development Plan No. 82 (SD-82). B. On January 21, 2020, the City Council adopted Ordinance No. NS-2983, to amend the Santa Ana Municipal Code (SAMC) to include a definition of "schools"; allow schools as a permitted use in SD-82; to adopt a set of operational standards for schools within SD-82; allow Vista Heritage Charter School to expand to 66,000 square feet in size; and allow Vista Heritage Charter School to expand the student enrollment to 870 students. C. The proposed Project would only affect Parcel 1, 2, and 4, of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. D. The proposed Project entails, among other things, (1) Approval of Amendment Application No. 2023-04 to change the zoning designation for the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82); and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices, Surface Parking, and Private Outdoor Community Areas as a permitted use on Parcel 4, and Outdoor Play Area on Parcel 2, ancillary to the Vista Heritage Charter School. Parcel 2 and 4 are as shown on Parcel Map No. 84-886, as Ordinance No. NS-XXXX City Council 26 — 21 1714 6 shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. E. The approval of the text amendments, permissible uses, and development standards are consistent with the General Plan land use designation of Industrial/Flex-1.5 (Flex 1.5) and the designated West Santa Ana Boulevard Focus Area. On April 19, 2022, the City adopted the General Plan Update which went into effect on May 26, 2022. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. The proposed zoning amendment advances the vision for the subject site's General Plan Focus Area and will bring the site into alignment and compliance with the General Plan through reducing and eliminating traditional heavy industrial and noxious uses currently allowable on the properties. Furthermore, the West Santa Ana Boulevard Focus Area envisions a mixed -use corridor with a goal of transitioning out existing auto - oriented and traditional industrial uses to clean manufacturing and research and development uses, and live -work maker spaces that are compatible and can coexist with residential and other sensitive land uses such as schools, churches, and recreation facilities. In addition, the focus area would transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. F. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at SAMC Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. G. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03. H. On January 16, 2024, the City Council held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2023-3 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the Ordinance No. NS-XXXX City Council 26 — 22 1710654 6 zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per Ordinance No. NS-XXXX City Council 26 — 23 171085 6 acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU Ordinance No. NS-XXXX City Council 26 — 24 171085 6 EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided in Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted A parcel or building within the Specific Development Plan No. 82 (SD- 82) shall be occupied by only the land uses allowed by this Section 3, and as permitted in created Zones, hereinafter referred to as Zone 1, Zone 2, and Zone 3 ("Zones"), as adopted and depicted in Attachment A. Ordinance No. NS-XXXX City Council 26 — 25 1714 6 Zone 1 1. The permitted land uses within Zone 1 shall be as follows: (a) Administrative offices. (b) Surface parking lot for off-street parking purposes only, exclusive to Parcels 1, 2, and 4 of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California, and any future adioining parcels that may form part of the Civic Center Business Park or its future successors. (c) Private outdoor community area, to be accessible to all Zones, but shall not be used exclusively for school purposes, including but not limited to, outdoor play area, school children play area, nor for school recreational activities. Zone 2 2. The permitted land uses within Zone 2 shall be as follows: (a) The compounding, processing or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacturing of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those specified in SAMC section 41-489.5. (f) Warehousing (h) Wholesale establishments where the primary trade is business- to- business sale of products, supplies and equipment. Ordinance No. NS-XXXX City Council 26 — 26 1714 6 W Ordinance No. NS-XXXX City Council 26 — 27 1714 6 0 z 111141 7e I"amme. 1 . m Ir r • . 7 r . .............. 01"I'MA'. W.M.M.- 11111 1 2 - r go Oti's i I 1 r . . Ordinance No. NS-XXXX City Council 26 — 28 1714 6 li�.iSlis�l�lfl�r�•��• i�1�11i �i��� r Ordinance No. NS-XXXX City Council 26 — 29 1714 6 1/ r 3. The following uses are permitted when ancillary to any use permitted or permitted with the approval of a conditional use permit in 7nne 2- (a) Administrative office occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the aross floor area. (c) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 4. The following uses may be permitted in Zone 2 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Principal industrial uses occupying less than seventy (70 percent of the gross floor area with the remainder of the floor area allocated to office use onlv. Ordinance No. NS-XXXX City Council 26 — 30 1/ 2 16 (b) Childcare facilities other than as permitted by section 41-472.1 of tha .Ann(. (c) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworkina or machine shoos. (d) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (e) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. Zone 3 5. The permitted land uses within Zone 3 shall be as follows: (a) Schools and ancillary school uses. 6. The following uses are permitted when ancillary to any uses permitted or permitted with the approval of a conditional use permit in 7nna'I- (a) Outdoor play area, ancillary to school uses. 7. The following uses may be permitted in Zone 3 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on -site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by the City Landscape Associate. (a) A landscape area not less than 5 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Ordinance No. NS-XXXX City Council 26 — 31 1/ 2 16 Fairview Street. (b) All new landscape planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right- of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosure: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/Fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards (a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pick- up areas (limited to rear of building), and the driveways to be used for these functions. (b) A Safety Plan shall be submitted for review and approval. At a minimum, the Plan shall include provisions for student safety to the campus, during school operating hours, and safety exiting the campus. (c) PhySiGal edUGatien aa�tieS shall be limited try indeers enl y No an shall be Rath ante d outside building. rv�ucti �Frti�s��un--v���rrcrcrcr minima im of 10 square feet n��ysiGall aGtivit area per studeRtshall be nroyirJorJ Physical education activities shall be limited to indoors and the outdoor designated gated area. Any changes to the designated outdoor play area shall be submitted to the Plannina Division for review and aaaroval. Ordinance No. NS-XXXX City Council 26 — 32 1/ 16 (d) Student enrollment for the school shall be capped at a maximum of 870 students. (e) A Parking Management Plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The Plan shall include provisions for parking during special events at the school. (f) The school shall submit an annual Special Events Program to Planning Staff and the community association at least 15 days prior to the start of the school year. The Program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. (g) Schools are subject to periodic review by the Planning Division to ensure compliance with the school; Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. 5. Property Maintenance. (a) Graffiti: All graffiti shall be removed from the premises within 24 hours of discovery and/or notification of graffiti on the premises. (b) Parking Lot/Drive Aisles: Parking and driveway areas located on the parcels shall be kept in a good and clean condition. Standards maintenance and repairs of paved surfaces shall be conducted on a regular basis. The normal cleaning and removal of refuse and trash shall occur on the premises. (c) Landscaping: All landscaping shall be maintained at all times. Any dead or missing landscaping shall be replaced in a timely mnnnar Section 5. Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Parking and Access Agreements (a) The CC&Rs governing the subject properties shall be refined and submitted to the City prior to permit issuance of any site improvements, included but not limited to the following: I. Square footage addition to any of the existing buildings Ordinance No. NS-XXXX City Council 26 — 33 1/ 16 II. Fences III. Storage sheds IV. Landscape planters (b) A copy of a recorded and executed reciprocal parking and access agreement shall be provided to the Planning and Building Agency (PBA), prior to permit issuance of any site improvements as listed in Section 5 (a). The reciprocal parking and access agreement shall include language for reciprocal parking and access among legal Parcels 1, 2, and 4, as shown on Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. (c) Alternative to the requirements in Section 5(b), an equivalent action/document can be provided to the PBA ensuring that the subject properties meet all required off-street parking and access requirements. 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. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: n i;", se Montoya Assistant City Attorney Ordinance No. NS-XXXX City Council 26 — 34 1/ 16 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 26 — 35 1/ 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 26 — 36 1/ 2 16 Attachment A City Council 26 — 37 1/16/2024 11/8/23, 6:05 PM coning Zoned — General Agri cul[u ral Community Cam mercial Lcm m u nity Cam mercial -Museum ❑istrict ■ General Commercial ■ Planned Shopping Center ■ Arterial Ca m mercial ■ Commercial Residential ■ South Main Street Commercial District Govemment Center . Light Industrial ■ Heaoy Industrial ■ Open Space land M etro East Overlay Zone ■ Pmtessional Single -Family Residence ■ Two -Family Residence ■ Multiple -Family Residence ■ Suburban Apartment ■ Residential -Estate ■ Specific Development No I ■ Specific Development No- It ■ Specific Development No- 12 ■ Specific Development No- 13 ■ Specific Development No- 15 ■ Specific Development No 16 ■ Specific Development No- 17 ■ Specific Development No- 18 ■ Specific Development No- 19 ■ Specific Development No- 2 ■ Specific Development No- 20 ■ Specific Development No- 21 ■ Specific Development No- 25 ■ Specific Development No- 26 ■ Specific Development No- 27 ■ Specific Development No- 31 ■ Specific Development No- 32 ■ Specific Development No- 34 ■ Specific Development No- 35 ■ Specific Development No- 36 ■ Specific Development No- 38 ■ Specific Development No 39 ■ Specific Development No-4 ■ Specific Development No-40 ■ Specific Development No-41 ■ Specific Development No-42 ■ Specific Development No_43 ■ Specific Development No-44 ■ Specific Development No-46 ■ Specific Development No-48 ■ Specific Development No-49 `q City Council 26 — 38 n 7n?4 ninitAi Man PT71'V UL�F [2dl iphtc racarvar1 https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html / I AA No. 2023-04 and ZOA No. 2023-03 601 N. 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H AN IX MATCH . 46 FL '^ \C'• ADS STORMIECH MATCH IX. G OBSERVATION FORT \ a�Ay pat A�'/n S�+ \ �� MATCH EX. k 4 \ L \o.� rf�l�it ��()l Ry 8J.00 IAJ m Ary SG(1476°kVdq%S I I I i is 1b�'0 � I MATCH � es. 1 8S`s msc`s �A���~ � � LI er:awn y I r =ryIo/ ,.......... Rim 9 �/ �PF Tcx E%. ' MAicH EX. �n� �sM'------�// °mo e s _ j � \ \ cDcr Cked : - Al BY� I_ OECIFIE 4 y/+ // auxwew � 1 a* MATCH IX. MATCH �k'// ��� X__-____ e PRELIMINARY o\ 4 GRADINGAND o e DRAINAGE PLAN TCH IX. MATCH IX. MATCH IX. I Ss 'O OAS City Councild_„'3B',d—R_,,Bg BB-1=23518----------� 26 — 44 _' � ,. 1/16/2,B p ,B }Ct7 - - - --B�°,zaz.AA E -, � CR4PHIC SGNE1. 30 - GENERAL NOTES: 1. ALL WORK MOWN HEREON SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE AGC/APNA STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (CURRENT EDMON) AND SUPPLEMENTAL STANDARD PROVISIONS ISSUED BY AND FOR USE IN THE CITY OF SANTA ANA 2. CONTRACTOR SHALL COMPLY WITH STANDARD PUN 1160. REFER TO HTiP:/NOW.VIRAL-AN4.WV/PNA/DOCUMENS/116D ST.PDF. COPIES ARE AVNUBLE AT TILE PUBUC WORKS COUNTER. 3. WITHIN 72 HOURS AFTER FINAL SUFEACING IS PLACED, ALL WHOLE AND VALVE BOX FRAMES AND COVERS SHALL BE ADJUSTED BY THE DEVELOPER TO FINISH GRADE THIS IS TO BE DONE PRIOR TO PLACING SEAL COAT. 4. AMEN CONSTRUCTION OF ASPHALT CONCRETE (AC) PAVEMENT INCLUDES REPLACEMENT OF PAVEMENT OVER TRENCHES, PATCHES OR CUTS OR AN AC OVERLAY, PAVEMENT SHALL BE COVERED WITH PENETMAON TYPE ASPWLi EMULSION (0.07 GALLONS PER SQUARE YARD) AFTER STREET PAVEMENT HAS BEEN CLEANED. FOG SEAL COAT IS ONT REQUIRED FOR CONSTRUCTION OF NEW STREETS OR WIDENING OF EXISTING STREETS. 5. FEATHER AC WHERE MEETING EXISTING PAVEMENT. FEATHER TO LANE MINIMUM OF 10 FEET OR AS DIRECTED BY THE CITY ENGINEER. 6. THE ENGINEER FOR THE SUBDIVIDER SHALL PROVIDE HUBS IN THE STREET FOR FINISHED SUBGRADE AND FINISHED GRADE AT THE CROWN, AT ALL POINTS WHERE ELEVATIONS ARE SHOWN ON THE PLANS AND AT ANY ADDITONAL POINTS REQUIRED BY THE CITY ENGINEER. 7. AT THE TIME OF COMPACTING THE BASE SOIL AND PREPARING SUBGRADE, IF THE MOISTURE CONTENT IS SUCH THAT THE SPECIFIED RELATIVE COMPACTION CANNOT BE OBTMNED OR THE SUBGRADE IS YIELDING, THE FOLLOWING REMEDIAL ACTION SHALL BE PROVIDED- A. REMOVE EXCESS MOISTURE BY SCARFY1NG AND AERATING, OR B. EXCAVATE UNSTABLE AREAS AND BACKFILL WITH SUTABLE MATERIAL OR BASE, OR C. INCREASE THE AGGREGATE WE SECTION, OR D. STABILIZE THE BASEMENT SOIL WTM SUITABLE ADDITIVES, OR E PROVIDE AN ALTERNATE METHOD SUITABLE 1D THE CITY ENGINEER 8. WATER MANS AND SERVICES ARE TO BE INSTALLED BY TEE DEVELOPER AFTER THE CURB AND GUTTER 6 CONSTRUCTED AND BEFORE TEE WE UNDER THE AN SURFACING IS LAID. CONTACT WATER OMSION SUPERVISOR AT 714-647-3343 TO ARRANGE SCHEDULING FOR WATER SYSTEM WORK BY THE CITY. 9. THE SUDOMDER SHALL RELOCATE PLAY EXISTING PUBUC DAMES LOCATED IN A DEDICATED RIGHT-0E-WAY, AS REQUIRED BY THE CITY. C�TT OF SANTA ANA PUBUIC �N0HK2 A91EHICIf PROJECT DP NO.2023-10; MID NO.2023-180301 VISTA HERITAGE GLOBAL ACADEMY EXPANSION 601 N FAIRVIEW ST SANTA ANA, 92703 GENERAL NOTES FOR PUBUC WORKS PERMITTED WORK ON WATER DISTRIBUTION SYSTEM: 1. CONSTRUCTION AND INSTALLATION OF ALL WATER MAINS AND APPURTENANCES SHALL BE IN ACCORDANCE WITH THE CITY OF SANTA ANA STANDARD PLANS AND SPECIFICATIONS. WHERE THE STANDARD PLANS ARE SILENT, CONSTRUCTION AND INSTALLATION OF SEWER MANS AND APPURTENANCES SHALL CONFORM TO THE AMERICAN WATER WORKS ASSOCIATION (AMA) SPEWICATRMIS AND THE STANDARD SPECIFICATIONS FOR PUBIC WORKS CONSTRUCTION, 2012 EDITION. 2. CONSTRUCTION OF WATER AWNS AND APPURTENANCES SHALL ONLY BE PERFORMED BY QUALIFIED CONTRACTORS WITH A VAUD CAUFORNIA CONTRACTOR A OR C34 UCENSE. 3. NO PERSON, OTHER THAN CITY OF SANTA ANA WATER RESOURCES DIVISION STAFF CUMMED BY THE STATE OF CALIFORNIA AS A WATER DISTRIBUTOR OPERATOR SHALL BE ALLOWED TO OPERATE THE CLAWS WATER SYSTEM VALVE. 4. NO PERSON, OTHER THAN CITY OF SANTA ANA WATER RESOURCES DIVISION STAFF CERTIFIED BY THE STATE OF CWFORNR AS A WATER DISTRIBUTOR OPERATOR SHALL SHUT WATER SERVICE OFF TO ANY CUSTOMER. 5. PRIOR TO THE MART OF CONSTRUCTION, THE CONTRACTOR SHALL. SUBMIT TO THE CITY FOR RUM AND APPROVAL 'DISINFECIION AND FLUSHING PLAN' PER THE CITY OF SANTA ANA DESIGN GUIDEUNES AND STANDARD DRAWINGS. 6. ALL NEWLY CONSTRUCTED WATER MANS AND APPURTENANCES SHALL BE DISINFECTED AND TESTED IN ACCORDANCE WITH AWWA SPECIFICATIONS, SECTION CIMYS, PRIOR TO CONNECTING TO THE GAYS WATER DISTRIBUTION SYSTEM. DISINFECTION TESTING RESULTS SHALL BE SUBAITO TO THE WATER RESOURCES DIVISION WHEN REQUIRED FOR REVIEW AND APPROVAL PRIOR TO CONNECTING TO THE CTY'S WATER DISTRIBUTION SYSTEM. 7. WATER MANS WILL BE HYDROSTATIC TESTED AT 200 PSI FOR 2 HOURS. NEW WATER MANS CANNOT BE TESTED AGAINST AN EXISTING VALVE BUT CAN BE TESTED USING A TEST PLATE. 8. REQUESTS TO SHUT DOWN THE WATER DISTRIBUTION SYSTEM FOR TIE-INS OR OTHER PURPOSES SHALL BE COORDINATED WITH THE WATER RESOURCES DMSION STAFF AT LEAST 2 WEEKS IN ADVANCE THROUGH THE CITY INSPECTOR. ALL CUSTOMERS AFFECTED BY THE PROPOSED SHUT DOWN SHALLBE NOTIFIED IN WRITING 48 XOURS IN ADVANCE BY THE CONTRACTOR. 9. THE CITY OF VITA ANA WATER RESOURCES DIVISION CANNOT GUMANDEE A COMPLETE SNUACM OF EXISTING MANS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DMATERING AND ISOLATION OF CONSTRUCTION FOR TESTING OR ANY OTHER PURPOSES. 10. ALL FIRE HYDRANTS WHICH ARE OUT OF SEANCE OR NEW ARE HYDRANTS WHICH HAVE NOT BEEN ACCEPTED FOR SERVICE SHALL BE COVERED WITH A SMALL INDICATING THAT THE HYDRANTS ARE NOT IN SERVICE. 11. MAMANING WATER SERVICE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR FOR ANY SHUTDOWN LASTING LONGER THAN FOUR (4) HOURS. METHOD OF PROVIDING TEMPORARY SERVICE MUST BE APPROVED BY THE WATER RESOURCES DIVISION. THE WATER SHALL BE SAE FOR DRINKING IN ACCORDANCE WON STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD (SWRCB) DRINKING WATER PROGRAM (DWP). 12 WATER METER WILL NOT BE INSTALLED NOR WATER TURNED ON UNTIL THE BACKFLOW DEVICES REWIRED FOR LOCATION MA(NOT TO SCALE) SPECIAL NOTES 1. THE Cltt ENGINEER'S SIGNATURE ON THESE PUNS DOES NOT CONSTRUE /PRIM& O ANY OF THE FOLLOWING NOTES, AND THE CITY SHALL NOT BE HELD RESPONSIBLE FOR THEN ENFORCEMENT. 2. NEITHER THE OWNER NOR THE ENGINEER WILL ENFORCE SAFETY MEASURES OR REGULATIONS. THE CONTRACTION SHALL DESIGN, CONSTRUCT, AND MAMAN ALL SAFETY OENiCES, INCLUDING TRENCH SHOEING AND TRAFFIC CONITR04 AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCH, STATE, AND FEDI SAFETY AND HEALTH STANDARDS, LAWS, AND REGULATIONS. 3. THE CONTRACTOR BVML ADJUST Al EXISTING FACILITIES TO FINAL GRADE AT NO NIDMOM COST TO THE GUY. 4. THE CONTRACTOR SHALL REMOVE. REPLACE, AND/OR RELOCATE ALL MUM F91 H THAT INTERFERE WITH THE WORK HEREON AT NO ADDITIONAL COST TO THE CITY OR DEVELOPER. 5. TIE CONTACTOR 6HAL REMOVE, REPLACE, AND/OR RELOCATE ALL EXISTING UNDSOAPE, HANDSCAPE, IRRIGATON SYSTEMS, DAMES, AND/OR READ IMPROVEMENTS WHICH CONFLICT IN ANY WAY WON THE INSIALLARON OR FUNCTION OF THE PROPOSED IMPROVEMENTS Ai ND ADDITIONAL COST TO THE QTY. 6. CONTRACTOR TO VERIFY CLEARANCE Ai ALL METY CROSSING. IF INTERFERENCE OCCURS, OTHER THAN NOTED ON PAN, CONTRACTOR TO CONTACT DESIGN EMMNEER MR POSSIBLE RE➢ESIGK IF RITE N I 10. PERMIT NOTE: THE MIMING AND IRRIGATION SYSTEMS HAVE BEEN INSTALLED, TESTED, APPROVED ARM CERTIFIED. CONTACT UNFFl51BLE CONTRACTOR TO RELOCATE UTILITY AT NO EXPENSE TO ENGINEER NO PERM R WILL BE ISSUED FOR INSTALLATION OF UNDERGROUND UTILITY UNES UNTIL STUD UTILITY THE WATER RESOURCES DMSION AT 714-647-3320. 7. CONTRACTOR IS RESPONSIBLE FOR ANY CAMGE TO SIDEWXN AND STREET. CONTRACTOR AGREES TO REPNR AND REPIACE ALL MIMING PUBLIC STREET UNES ARE SHOWN ON THE STREET IMPROVEMENT PEWS AND THEM LOCATIONS ARE CERTF1ED BY THE PRIVATE ENGINEER AND APPROVED BY THE CITY. 13. ALL WATER MAINS SHALL BE AWWA C-900 PVC, DR14 PIPE OR AWWA C-151 DUCTILE IRON PIPE. ALL OTHER MPROVEMENTS DAMAGED DUNK CONSOUCTON. PIPE MATERIALS REQUIRE SPECIAL REVIEW AND APPROVAL FROM THE WATER RESOURCES DIVISION. PRIVATE ENGINEER'S NOTICE TO CONTRACTORS 11. VCO SEWER CONNEWDNS ARE TO BE CONSTRUCTED FROM SEWER MANS TO THE PROPERTY UNE. THE 14. WATER MANS SHALL HAVE 36" MINIMUM COMER TO FINISHED GRADE. ANY DEVIATION FROM THIS REQUIREMENT DEVELOPER IS TO FURNISH THE CITY WITH THE LOCATION OF EACH CONNECTION. AL SEVER LATERALS ARE REQUIRES APPROVAL FROM THE WATER RESOURCES DIVISION. PRIVATE AND PUBUC DAMES, IF SHOWN, REFLECT AVAILABLE RECORD DATA TO BE REFERENCED ON CURB. THE CONTRACTOR SHALL BE RESPONBBLE FOR LOCATINGL LA G ANES AFFECTING 12. ALL VCP JOINTS SHALL BE PLASTIC MECHANICAL COMPRESSION 401M OR BANDSEALS. 15. CONTRACTOR TO VERIFY DEPTH AND LOCATION OF ALL UTIMES PRIOR TO TRENCHING. 16. PRIVATE WATER APPURTENANCES SUCH AS BACKROW PREVENTERS, ARE HYDRANTS AND STANDPIPES, AND THIS WOW AND FOR ANY DAMAGE OR PROTECTION TO THESE UNES. PRIOR TO STARTING=CONS7RUCIION OF THIS PROJECT, THE CONTRACTOR SHALL UNCOVER AL EXISTING UTIUTY UNES AFFECTING THIS WORK AND VERIFY THE ELEVATION 13. IT SHALL BE TIE RESPONSIBILITY OF THE SEWER CONTRACTOR TO EXPOSE ALL JOIN POINTS TO THE VALVES SHALL BE PAINTED AS FOLLOWS: A DOMESTIC WATER: BLUE OF SAID UTTUTY LINES. EXISTING SEWER AND TO HAVE THE LOCATION AND ELEVATION VERIFIED PRIOR TO ANY SEWER STAKES EL POABLE IRRIGTON: GREEN AL CONTACTORS AND SUBCONTRACTORS PERFORMING ANY WORK SHOWN ON BEING FURNISHED. C. RECYCLED IRRIGATION: PURPLE OR RELATED TO THESE PUNS SHALL CONDUCT THEIR OPERATIONS SO THAT ALL 14, R SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO HAVE ALL FLOW WE ELEVATIONS AT ALL SERER D. FIRE PROTECTION: OSHA SAFETY RED EMPLOYEES ARE PROVIDED A SAFE PLACE TO WORK AND THE PUBUC IS PROTECTED. ALL CONTRACTORS AND SUBCONTRACTORS SHALL COMPLY VAN THE MANHOLES VERIFIED PRIOR TO ANY PIPE 8CONTRA *ASOR BULLY FLAW LINE ELEVATIONS ARE TO BE 17. DO NOT CUT OR SNAP CUT OR MILL ASBESTOS CEMENT PIPE. WHERE JOINING EXISTING ASBESTOS CEMENT PIPE, EXPOSE SIX FEET IN EACH DIRECTION, LOOKING FOR THE NEAREST JOINT AND JOIN TO NEW PIPE WITH OC RATIONAL SAFELY AID HEALTH REGULATIONS' OF THE U.S. DEPARTMENT OF LABOR, WITHTHE "CONSTRUCTION SAFETY ORDERS" OF THE STATE OF SUBMITTED TO THE CITY PRIOR TO ANY PAVING. A PROPERLY DIMENSIONED ADAPTER PER STANDARD PLAN NUMBER 1443. CALIFORNIA DEPARTMENT OF INDUSTRIAL REGULATIONS AND WITH ULTRANS AREA 15. CAL UNDERGROUND SERVICE ALERT AT 800-422-4133 AT LEAST 48 HOURS (TWIT WORKING DAYS) PRIOR 18. DO NOT TAP EXISTING MANS WITHOUT THE PRESENCE OF A CERTIFIED WATER INSPECTOR. PRESSURE TEST TRAFFIC CONTROL HANDBOOK (WATCH). HOWEVER. THE CONSTRUCTION ENGINEER AND THE CITY OF SANTA ANA SHALL NOT BE RESPONSIBLE IN ANY WAY FOR TO ANY EXCAVATION WHICH MAY DAMAGE OR INTERRUPT THE SERVICE OF ANY UNDERGROUND UTILITY UNE. TAPPING SLEEVE IN THE PRESENCE OF A CERTIFIED WATER INSPECTOR BEFORE TAPPING EXISTING MAN. SAID COMPLIANCE BY THE CONTACTOR OR ANY SUBCONTRACTORS. 16. USE FULL DEPTH HEADER FOR VERTICAL FACES OF ROG CONSTRUCTOR. 17. ANY PERMANENT BARRICADE OR SAFETY SIGN OMITTED ON THE PLANS AND CONSIDERED NECESSARY BY THE CITY SHALL BE INSTALLED BY THE DEVELOPER AT NO COST TO THE CITY. 18. STREET UGHTNG: BEFORE ANY ELECTRICAL CABLE OR CONDUIT IS PLACED FOR STREET UGHTS, THE LOCATIONS FOR THE PROPOSED STREET UGHTS ARE TO BE VERIFIED BY THE CONSTRUCTION INSPECTOR AT 714-647-5074 AFTER THESE LOCATIONS HAVE BEEN MARKED OUT AS SHOWN ON THE IMPROVEMENT PLANS BY THE DEVELOPER/CONTRACTOR. 19. CLEANUP AND DUST CONTROL THE CONTACTOR SHALL KEEP THE WORK9IE CLEAN AND FREE FROM RUBBISH AND DEBRIS AT THE END OF EVERY WO KING DAY AND PROTECT EXISTING IMPROVEMENTS PER SECTION 7-9 OF THE STANDARD SPECIFICATION FOR PUBUC WORKS CONSTRUCTION. 20. CONTACT TREE SECTION SUPEMSOR 714-647-3337 BEFORE INSTALLING ANY TREES. 21. TO OBTAIN A PERMIT TO ACCESS WATER FROM AFIRE HYDRANT CONTACT THE CITY YARD AT (714)-647-3380. F NO, REVISIONS 19. FINAL ACCEPTANCE WILL NOT OCCUR UML ORIGINAL RECORD DRAWINGS ON MMYIAR AND DIGIT& FORMAT ARE DELIVERED TO AND ACCEPTED BY THE CITY'S INSPECTOR. SHOW AL FIELD CHANGES ON RECORD DRAWINGS. 20. TRENCH PLATES SHALL BE FLUSH WITH PAVEMENT AND BE NON-SKID. 21. WHEN PUBLIC WATER FACILITIES ARE LOCATED ON PRIVATE PROPERTY, EASEMENT DOCUMENTS ARE TO BE SUBMITTED TO CRY FOR APPROVAL PRIOR TO A PERMIT BEING ISSUED. 22. AL RECYCLED WATER PROJECTS REWIRE KNEW AND APPROVAL FROM THE WATER RESOURCES DMSION. 23. REMOVE FROM THE FIELD UPPER AND LOWER ARE HYDRANT DRY BARREL AND 24' X 36' IRON VAULT UD COVERS AND DELIVER UNDAMAGED TO THE CRY WATER RESOURCES DIVISION YARD LOCATED AT 215 S. CENTER STREET. PRIOR NOTIFICATION OF THE DEANERY IS REQUIRED AT 714-647-3320. A WATER MAN FITTINGS SHALL BE FLANGE OR MECHANICAL JOINTS ONLY, NO PUSH -ON JOINT FRANCS ALLOWED. 25. CONTRACTORS SHALL NOT REMOVE OR DISPOSE EXISTING WATER METERS. CONTACTOR SHALL APPLY FOR AN ABANDON WATER METER APPLICATION. CONTRACTOR SHALL CONTACT WATER RESOURCES DIVISION AT 714-647-3320 FOR EXISTING METER REMOVALS, 26. INSTALLATION OF NEW WATER METER SERVICE CURB STOP SHALL BE DONE AFTER INSTALLATION OF NEW CURB AND GUTTER OR AFTER CONTRACTOR HAS ESTABLISHED THE PROPOSED CURB GRADE BY STAKING OF THE PROPOSED CORE. REFERENCES FURTHERMORE, THE CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF WNSIRUCNON OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE UNITED TO NORMAL WORKING HOURS, AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE OWNER, ENGINEER, AND THE CITY OF SANTA ANA HARMLESS FROM ANY AND AL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING THE WBILIIY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER, THE ENGINEER, OR THE CITY OF SANTA ANA. F THE PRNA THE UNDERSIMMED CALL ENGINEER HEREBY CERTIFIES THAT THEY HAVE WE EVERY REIDM IJE EFFORT TO RESEARCH, DETERMINE LOCATION AND DEPICT ALL EXISTING DAMES (GAS, EIECTR AL TELEPHONE, WATER, SEWER, STREET UGH, AND TRAFFIC SIGMA, ETC.) SHOWN ON THESE PLANS; AND THAT THE MURES DEPICTED HEREON DIRECTLY REVEU RELEVANT INFORMATION CONTAINED ON ARMY COMPANY DIRMONGS WAND BY TIE UNDERSIGNED CNL ENGINEER. //w/,/�/� _` 1 �� O6(73/202T AU KHAMSI DATE R.C.E. NO. 24M VICINITY M(NOT TO KALE) All - America City 1I I I I1 PROJECT DIRECTORY: SITE ADDRESS: 601 N. FAIRVIEW STREET STUDIO W ARCHITECTS SANTA ANA, CA 92703 424 32ND STREET NEWPORT BEACH, CA 92663 OWNER: 949.774.2920 CONTACT: TOW PACHECO-TAYLOR SCHOLARSHIP PREP FACMY HOLDINGS, LUC 770 THE CITY DRIVE SOUTH, SUITE 420D FdL.itlS�E$ KPFF CONSULTING ENGINEERS ORANGE, CA 92868 CONTACT: ANDREW CROWE 140 NEWPORT CENTER DRIVE, PHONE: 714.795.2195 SUITE 1DO IRMNE, CA 92660 TAX ASSESSOR PARCEL NO: TELL 949.478.8800 CONTACT: NI KHAMSI 405-241-04 ROOD NOTE: FLOOD ZONE 'X' NOT IN A SPECIAL FLOOD HAZARD AREA COMMUNITY PANEL NO. 06059CO257J MAP ELATE. DECEMBER 3, 2009 BASIS OF BEARINGS: THE BASIS OF BEARINGS OF THIS SURVEY IS BASED ON FAIRVIEW STREET, BEING NORTH 2807'21' EAST PER PARCEL MAP NO. 84-886. PARCEL MAP BOOK 198, PAGES 19 AND 20 UTILITY SERVICES: WATER: CRY OF SANTA ANA PHONE: 714-647-5454 SEWER: CITY OF SOMA ANA PHONE: 714-647-3380 GAS: SOCAL GAS COMPANY PHONE: 8T7-238-0092 ELECTRICITY: SOCAL EDISON PHONE: 800-655-4555 TVINARNET/PHONE SPECTRUM PHONE: 866-874 M' TRASH: WASTE MANAGEMENT PHONE: 714-558-7761 ARE: ORANGE COUNTY ARE AUTHORITY PHONE: 714-573-5000 SHEET INDEX SHEET NUMBER DESCRIPTION 1 TITLE SHEET I GENERAL NOTES 3 STREET IMPROVEMENT PUN STATEMENT OF WORK: REMOVAL AND RECONSTRUCTION OF EXISTING DRIVEWAY. APPROVED BY DEPUTY PUBUC WORKS DIRECTOR DATE WATER RESOURCE MANAGER Underground G Service Alert Mound CMifom l. TWO WORKING DAYS low. BEFORE YOU DIG CBIIMeMe7ou9g. _ NOTICE TO CONTRACTOR PA N PURSUANT TO ASSEMBLY BILL 42I6 NO EXCAKARGN PERAMT IS VAUD UNLESS ENE C0.'M TOW "`MC" AND OBTAINS A IOC ALERT DOCKET NUMBER. CALL 811 AT LE4S7 iMG NOWNAVG DAYS MOR TO COMINI EXCAVATION. STREET IMPROVEMENTS RTER SCHOOL 601 N.1A6020Z_%SANTA ANA 92703 CITY OF SANTA ANA SHEET 1 OF E GENERAL NOTES FOR PUBUC WORKS PERMITTED WORK ON SEWER COLLECTION SYSTEM: DEMOLITION AND CONSTRUCTION QUANTITIES: ABBREVIATIONS: g R/w 1. CONSTRUCTION AND INSTALLATION OF ALL SEWER MANS AND AC ASPHALTIC CONCRETE PVC POLYVINYL CHLORIDE (5E) APPURTENANCES SHALL BE IN ACCORDANCE WITH THE CITY OF CI CAST IRON PL I PROPERTY LINE NEW CURB SANTA ALA STANDARD PUNS AND SPECIFlCAIONS. WHERE THE ITEM UNIT QUANTITY CL, Q CENTER LINE RCIP RECTANGULAR CAST IRON PIPE & GUTTER STANDARD PLANS RE SILENT. NC CONSTRUCTION AND INSTALLATION TO OF CONSTNUCi COMMERCIAL DRIVEWAY APPROACH PER CITY STD. 1112. TU SEWER MANS AND APPURTENANCES SHALL CONFORM TO THE O CASE 1 G 1 CMU CONCRETE MASONRY UNIT RO ROOF GRAIN I GRIND & 73' 6' q• ' STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, CO CLEANOM RW, R/W RIGHT-OF-WAY OVERLAY 9 2 2012 EDITION. O REMOVE EXISTING DRIVEWAY APPROACH. EA 1 CONC CONCRETE 2. 3' °F AC 1 4' LID NEW 5= SLOPE EQUALS PAVEMENT / DRMT:WAY 2. CONSTRUCTION OF SEWER MANS AND APPURTENANCES SHALL ONLY O3 SO STORM DRAIN �WCM APPROACH CONSINULT PCC SIDEWAL( PER CTIY STD. 1104, CASE 3. W=8'. SF 34 CIF CURB FACE IX. AC & JOIN ON 8' PC BE PERFORMED BY QUAURED CONTRACTORS WITH A VAUD DW DOMESTIC WATER SSMH SANITARY SEWER MANHOLE PAVEMENT CALIFORNIA CAB CONTRACTOR A OR C34 LICENSE O GRIND HUNTS TO CURB ME UNE.F AC PAVEMENT FROM EDGE OF SF 2497 EL OR ELEV ELEVATION SS SANITARY SEWER - ELEC ELECTRIC, ELECTRICAL SN STANDARD ... 3. All NEYVLY CONSTRUCTED SEWER MANS AND APPURTENANCES 0 2' WIDE FULL -DEPTH AC TRENCH. REPLACEMENT OF FULL -DEPTH AC SF 84 IX. R EXIST. IXISIING___________________________________ OL ___ SHALL BE TESTED IN ACCORDANCE WITH STANDARD SPECIFICATIONS SECTION TO MATCH EMISTNG AC SECTION. SDMH STORM DRAW MANHOLE 6' CAB FOR PUBLIC WORKS 0ONSTRUCHON. All NEWLY CONSTRUCTED O ADC FIRE DEPARTMHYGRANTENT CONNECRON TC TOP OF CURB SEWER MANS. LATERALS AND "HOLES MUSE BE INSPECTED VIA 6 MLM TRENCH PER CRY STD. 1150. LF ]] ARECLOSED CIRCUIT TELEVISION CAMERA BY A NATIONAL ASSOCIATION 0 CONSTRUCT V WATER SERVICE WITH 5/8' METER PER STANDARD AT FOOT OR FEET TELL TELEPHONE PAVEMENT OF SEWER SBMCE COMPANIES (NAM) CERTTTED TECHNICIAN PLAN NO. 1401 FOR IRRIGATION USE WATER METER TO BE 15 TRAFFIC SIGNAL B' TRENCH AND VIDEO SUBMITTED IN A DIGITAL FORMAT i0 THE WATER INSTALLED BY CITY FORCES AFTER SUBMISSION R WATER METER IX 1 FV GATE VALVE me TRAFIC SIGNAL SOX SLURRY BACKFlLL RESOURCES DIVISION FOR REVIEW AND FINAL ACCEPTANCE OF APPLICATION AND PAYMENT OF FEES. CONTACT THE WATER AN ARE WATER TYP TYPICAL RESOURCES DIVISION AT 714-647-3320 FOR ASSISTANCE. PAVEMENT rR-'\ CROSS SECTION AT DRIVEWAY WORK. RESRIRATION PER 11 PLAN NO. 11 SO. GPM GALLONS PER MINUTE 1V TELEVISION ] N.i.9.; STA 91+BD.t7 - SM 9.59123T NV HIGH DENSITY PoLYMTYLENE V.I.F. VERIFY IN FIELD 4. All SEWER MANS SHALL BE VITRIFIED CLAY PIPE (VCP) PIPE OR I PVC MR-26 PIPE ALL OTHER PIPE MATD REQUIRE SPECIAL NJ INVERT VLT VAULT REVIEW AND APPROVAL FROM THE WATER RESOURCES DIVISION. MAX. MAXIMUM VCP VITRIFIED CLAY PIPE MIN. MINIMUM (W) WEST 5. TRENCH PLATES SHALL BE FLUSH WITH PAVEMENT AND SHALL BE MH MANHOLE NON SKID. W WATER PoC POINT OF CONNECTION WM WATER METER 6. 00NIRACTR TO VERIFY DEPTH AND LOCATION OF AL. Un RIES PN POST INDICATOR VALVE m, WATER VALVE (52') PRIOR TO TRENCHING. PCC PORLAND CEMENT CONCRETE EX. 6' CF & PRV PRESSURE REDUCING VALVE CURB GUTTER 10' SIDEWALK 7. WHEN PUBLIC SEWER FACILITIES ARE LOCATED ON PRIVATE PROPERTY, EASEMENT DOCUMENTS ARE TO BE SUBMITTED TO CRY GRIND & 11. FOR APPROVAL PRIOR TO A PERMIT BEING ISSUED. OVIDNAY AC 8. FlNA ACCEPTANCE YNLL NOT OCCUR UNTILRIGINI RECORD PAVEMENT DRAWINGS ON MTM AND DIGITAL FORMAT ARE DEUffRED TO AND GENERAL NOTES IX. Ac PAVT]ffM _____ u ACCEPTED BY THE CITY'S INSPECTOR. SHOW ALL FIELD CHANGES 1. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE 'STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION' ................................. --- --- ---- --- S ON RECORD DRAWINGS. AS WRITTEN AND PROMULGATED BY THE 2012 EDITION OF SOUTHERN CALIFORNIA CHAPTER R THE A.P.W.A. --- - --__� t____ _____ _____ ___ ________ G.C.C. JOINT CORERARVE COMMITTEE HEREIN REFERRED TO AS STANDARD SPECIFICATIONS AND THE CITY P______A-------------------- "- - - OFFAN A` OF SANTA ANAL STANDARD PLANS & SPECIFICATIONS (UNLESS SPECIFICIR CALLY NOTED OTHERWISE OR IN THE SPECIAL ----'-----------'---------'----'-------- 9. P11 SEWER REPARS SHALL ED ACCOMPLISHED USING STAINLESS PROVISIONS FORTHIS PROJECT). STEEL DOUBLE BANDED COUMNGS. 2 THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTUTY OR STRUCTURE SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. NO CERTIFICATION IS MADE AS TO ACCURACY OR THOROUGHNESS OF THESE RECORDS TYPICAL CROSS SECTION APPROVAL OF THIS PLAN BY THE CITY OF SANTA ANA DOES NOT CONSTITUTE AN EXISTENCE OR NONEXISTENCE R ANY gR, N N.T.S.; STA 9-11 - SA 9u 27, 5M 96a22P7 - SM 96i69.11 UNDERGROUND UTILITY OR SUBSTRUCTURE WITHIN THE UNITS OF THIS PROJECT. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE LOCATION OF ALL EXISTING UNDERGROUND UTUTIES fBY POTHOLING OR OTTER MEANS). THE CONTRACTOR SHALL NOTIFY UNDERGROUND SERMCE ALERT (811) 48 HOURS BUD E ANY EXCAVATION. S THESE CONSTRUCTION DOCUMENTS WERE CREATED FROM DIGITIZED BASE INFORMATION PROVIDED BY THE CITY OF SANTA ALA. EXACT LAYOUTS OF ALL HARDSCAPE ELEMENTS MAY NEED TO BE MODIFIED AND SOME FIELD ADJUSTMENTS MAY BE NECESSARY. THE CONTRACTOR SHALL INCLUDE AS PART OF THE BID, TIME AND LABOR FOR ANY MODIFICATIONS NECESSARY E TO IMPLEMENT THE INTENT OF THE DRAWINGS. s g z E Underground Service Alert msund cvlmmlA eg TWO WORKING DAYS �� APPROVED BY BEFORE YOU DIG low. - CBIINeMeyouag. _ N � NOTICE TO CONTRACTOR P N DEPUTY PUBLIC WORKS DIRECTOR DATE RWYSUANT To ASSEMBLY BILL 4216 NO EXNK4nOV PERMIT X WATER RESOURCE LIMAGER 5 VAUO UNLESS THE GDNTRACTR CONTACTS AND OBTAINS m A 9G ALERT TICKET NUMBER. CALL 811 AT !EAST iM0 NRIfdVG DA Y5 AWR W GtlM CWG EXCAVA LION. FILE No.: REVISIONS REFERENCES �WDFEsv THEPsUmRHs°0ER °A� STREET IMPROVEMENTS Q0 P Y OF: 09 2023 NDMBER HATE IN T RTER SCHOOL i" EEWWEE°,'�°w„'m® DEGIGNED: WN DRAWN: iN CHECKED: AK J ^�^ x No. C74766 -x WN31RUCi LITY 601 N. F `'M4S6/ Ld}l[lt£IY'FT/' SANTA ANA 92703 4'. DED CIVIL FOR CMS°IRUCDON: PUBLIC WORKS AGENCY �0..CION COMPLETED: DECW EDNN GAMS CITY ENGINEER RCE ND.: 051505 CITY OF SANTA ANA SHEET 20F 3 BEGIN CONSTRUCTION 94+50 I END CONSIRUMON I 95+50 96+00 92 LEGEND: — — — — PROPERTY UNE W EXISTING WATER G EXISTING GAS UNE F EXISTING ELECTRCAL UNE TC EXISTING TELECOMMUNICATION UNE 90 —IRR— PROPOSED IRRIGARON — PROPOSED AC PAVEMENT GRIND AND OVERLAY 2' - 3' OF AC PAVEMENT 1 SURFACE ELEVATION/UBUIY ELEVATION 88 100.CO EXISTING SURFACE ELEVATION/UTIUIY ELEVATION 86 CONSTRUCTION NOTES: Oj CONSTRUCT COMMERCIAL DRIVEWAY APPROACH PER CITY STD. 1112. CASE I. O REMOVE EXISTING DRNEWAY APPROACH. TOP OF CURB PROFILE O CONSTRUCT KC SIDEWALK PER CITY STD. 1104. CASE 3, W=8'. HORIZONTAL SCALE: 1"=10' VERTICAL SCALE: 1"=1 ® GRIND AND OVERLAY OF 2' TO 3' OF AC PAVEMENT FROM EDGE OF WENCH UNTIE TO CURB LANE UNE. 84 96+50 5 2' WIDE TILL -DEPTH AD TRENCH. REPLACEMENT OF FULL -DEPTH AC O SECTION TO MATCH EXISTING AC SECTION. MUTY TRENCH PER CITY STD. 1150. O CONSTRUCT 1' WATER STANCE WITH 5/8' METER PER STANDARD E PUN NO. 1401 FOR IRRIGATION USE. WATER METER TO B INSTALLED 9 CITY FORCES AFTER SUBMISSION OF WATER METER APPLICATION AND PAYMENT OF FEES. CONTACT THE WATER RESOURCES DIVISION AT 714-647-3320 FOR ASSISTANCE PAVEMENT E RESTORATION PER STANDARD PLAN NO. 1150. NOTE: E CONTRACTOR SHALL FIELD VERIFY ALL EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION FOR ANY INTERFERENCE OR CONFLICT WITH NEW UTILITIES. STATIONING NOTES: f _8+50 _ _ _ N. FNRIIEW ST. CENIERUNE 1CO+00.00 = CIVIC CENTER CFNTERUNE 10+00.00 PER R-03092 £ REFERENCE PLANS: F R-03002 STREET IMPROVEMENT PLANS 1-023-25 STREET IMPRON]AENT PLANS WATER ATLAS SHEET NO. F05 T T TR ii F-1 TS I REVISIONS I REFERENCES I. —0Rb, Ii11ErOWRN91G1 I II'll I No. C74766 - DP. 12/31/21 1�01121 \, APPROVED BY \J DEPUTY PUBLIC WORKS DIRECTOR DATE WATER RESOURCE MANAGER Underground Service Alert dSa .cMlfamN TWO WORKING DAYS BEFORE YOU DIG low. PLAN CRB6MaATWaM. 6MN.+� SCALE, 1• - 1c,' NOTICE TO CONTRACTOR SCALE, 0 5 10' 2D' PURSUANT TO A65EMBLY RU 4216 NO EXCAM71M PERMIT IS YAW IMNESi THE CONIRACTOR COVTACTS AND OWNS A DIO ALERT RCRET NUMBER. CALL 611 AT !EAST TEND GRMXIC 6CN£ .WM0 DAYS MOR TO CM4ENCJNG EXCAVATION. STREET IMPROVEMENTS _lvlll+_ RTER SCHOOL 601 N.144,60202*ANTA ANA 92703 PUBLIC WORKS AGENCY CITY OF SANTA ANA SHEET 3 OF 3 Itl.l I EPWIN Em M4. City Council 26 — 48 1/16/2024 <p ' 0) I LUIIVIi� �� °'• ` ll11N ERAOLISHE�"\ 12Q1TMIT A \ f 10 sVA , s �� 9Y �Hq PARKING D \:�r. Lb III uuLL H i I I I I I I i ILDIN I 1 1 1 1 I I 1 Lu il� City Council 26 — 49 ILDIN I .WK b'-VI MON OF SHOWN M ------- AVObLISE (E) FIRE HYDRANT � E Pi6kwan dRb�L&PN - 1 /16/202 STUDIO W ARCHITECTS ru I�ev ui e treet, .774.2920 :0 yp 10 0 PLAN IK G5 -f 1 KI 11, �r r V ,/ 4 III IIIIIIIIII II II;IIIIIi �� � �� y III151 TO z r m zo r enr ar e IIII 111 IIlI1i11111 � � �` �� ��� • c o r s I'I'I III 11. 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IT 5 1/1 I I" STUDIO W ARCHITECTS 132E]�Kri orn • i -7w Exhibit 7 - Environmental Analysis and Exemption CEQA Exemption 15183 — Environmental Documentation Date: December 5, 2023 Project: Vista Charter Public Schools District Office and Outdoor Space Project To: City of Santa Ana CC: Vince Fregoso, Vista Charter Public Schools Ingrid Canedo, Vista Charter Public Schools From: Frances Yau, AICP, Michael Baker International Alan Ashimine, Michael Baker International The City of Santa Ana (City) has received a project application for the proposed Vista Charter Public Schools District Office and Outdoor Space Project (project), located at 601 and 615 North Fairview Street, Santa Ana, Orange County, California (Assessor's Parcel Numbers [APN] 405- 241-04). As documented herein, the proposed project meets the conditions for a statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (California Public Resources Code 21083.3) to allow for a streamlined environmental review process. 1. Project Background On April 19, 2022, the Santa Ana City Council adopted the Golden City Beyond (General Plan Update) and certified the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR), dated October 2021. The General Plan Update provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The General Plan Update consists of the following 12 elements: Community, Economic Prosperity, Mobility, Public Services, Conservation, Noise, Open Space, Safety, Land Use, Historic Preservation, Housing, and Urban Design. According to the GPU EIR, the full buildout of the General Plan Update (year 2045) would result in a net increase of 96,855 person, 36,261 housing units, 5,849,220 nonresidential square footage, and 11,436 jobs as compared to existing conditions in 2019. The GPU EIR was prepared pursuant to Section 15168 of the CEQA Guidelines and allows analysis consistent with the high-level nature of the General Plan Update. The programmatic environmental document may be used to eliminate or reduce the scope of future environmental review for individual projects that are consistent with the General Plan Update pursuant to CEQA Guidelines Section 21083.3 and other streamlining provisions authorized by CEQA. Later projects implemented after the General Plan Update are examined with consideration of the GPU EIR to determine whether subsequent environmental analysis or documentation must be prepared. In addition, the CEQA Guidelines currently provide for streamlining through Section 15183, Projects Consistent with a Community Plan or Zoning, Section 15183.3, Streamlining for Infill Projects, and 15183.5, Tiering and Streamlining the Analysis of Greenhouse Gas Emissions. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: City Council 26 — 61 1/16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Further, as set forth in CEQA Guidelines Section 15183(e), the 15183 exemption applies when all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures. As demonstrated throughout this memorandum, the project would qualify for streamlining of environmental review as a project consistent with a community plan or zoning under CEQA Guidelines Section 15183. 2. Project Description 2.1 Project Location The City is located in central Orange County, generally north of the San Diego Freeway (Interstate 405 [1-405]), south of the Garden Grove Freeway (State Route 22 [SR-22]), and west of the Costa Mesa Freeway (SR-55) and Interstate 5 (1-5). The City is approximately 30 miles southeast of downtown Los Angeles; refer to Exhibit 1, Regional Vicinity. Santa Ana is surrounded by the cities of Orange and Garden Grove to the north, Tustin to the east, Costa Mesa and Irvine to the south, and Fountain Valley and Westminster to the west. The generally north -south trending Santa Ana River traverses the western portion of the City. The approximately 0.9-acre project site is located at 601 and 615 North Fairview Street within the western portion of Santa Ana; refer to Exhibit 2, Site Vicinity. Regional access to the project site is provided via SR-22 and 1-5. Local access to the site is provided via North Fairview Street and West 5th Street. 2.2 Existing Conditions The project site is located within the Fairview Business Park, a highly developed and urbanized area of Santa Ana. The Fairview Business Park is occupied by institutional uses (i.e., Vista Heritage Global Academy and Templo Calvario Church) as well as various commercial and office uses (i.e., Echo Entertainment Inc., Small Wonders Children Center, IPW Industries Inc, A-1 Automotive Core Supplier, La Perla Spice Co., Inc., and Thai Eats). As shown on Exhibit 2, the northern portion of the site consists of one existing approximately 5,837-square foot vacant building formerly occupied by auto repair businesses and associated surface parking along North Fairview Street. The southern portion of the site consists of a surface parking lot shared between Vista Heritage Global Academy and Templo Calvario Church. Minimal landscaping is present on -site; no trees are present within the project boundaries. The site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Dec i y ounci1 26 — 62 1/16/20 ge 2 I 395 Palmdale _ Adelanto i Apple Valley Victorville i i i Hesperia i S A N B E R N A R D I N I C O U N T Y LOS A N G ELES I Lake' C O U N T Y Arrowhead 1 San Fernando ®' Running © ® San Springs ® Burbank Rancho Bernardino Cucamonga © Pasadena � Glendora Fontana tpt Rialto Redlands — West Pomo a Ontario Covina Los Angeles Chino i Riverside ® Whittier ® r Yorba NN Moreno Be Linda Norco Valley © Fullerton I Corona Torrance ® R I V E R S I COUNT QGarden ® Perris Grove® © ORANGE Sun Santa Long C O U N T Y City Beach Ana Irvine Costa HuntingtonMesa ® ` Lake Beach / Elsinore _ Newport Project Beach Mission Viejo Murrieta Site Laguna Beach Laguna Niguel San luan / j Temecula Capistrano l�� \ Dana �r \ Point San 9 Clemente USMC I Fallbrook Camp Pendleton C, ti c o�, jJ VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 NOT TO SCALE Reai�Vicinity N T E R N A T 0 VyAG o u n di.,,. 1N 196390 — `Y Exhibit 1 ► %� F ... tT s } _ - AA. . >� M. !, tiIF 0 PROJECT SITE dlim� Source: Google Earth Pro, June 2023 VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 NOT TO SCALE Site Vicinity I N T E R N A T t3fly ftun�.2• 1N 196390 ` Exhibit 2 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Surrounding uses adjacent to the project site include industrial, commercial, institutional, and residential uses. An existing railroad alignment (currently under construction for electric street cars) bounds the project site to the north and northeast, Vista Heritage Global Academy and office uses are located to the south (within the Fairview Business Center), and North Fairview Street bounds the site to the west and northwest. The Romero -Cruz Academy and Santa Ana River are located further west across North Fairview Street. 2.3 General Plan Designation and Zoning According to the General Plan Update Land Use Element Figure LU-1, Land Use Map, the project site is designated Industrial/Flex-Low (FLEX-1.5).' The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. This land use designation allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the FLEX-1.5 designation allows a maximum 1.5 floor -area -ratio (FAR) and/or 30 dwelling per acre, with a maximum building height of three stories. Based on the City of Santa Ana Zoning Map (Zoning Map), the site is zoned Light Industrial (M1) and Specific Development No. 82 (SD-82).2 According to Ordinance No. NS-2777, permitted uses in the SD-82 District are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial) and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. 2.4 Project Characteristics The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. Specifically, the existing 5,837- square foot building would be remodeled for use as Vista Charter Public Schools district office; refer to Exhibit 3, Conceptual Site Plan. The existing open floor plan would be redesigned to include offices and conference rooms, with the exterior enhanced with new materials and color palette. The remodeled building would have approximately 5,764 square feet of usable interior space. Approximately 10 existing administrative staff would relocate from other Vista Charter educational facilities to the proposed district office; the project would not result in any new jobs. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640-square foot play yard; refer to Exhibit 3. Outdoor areas would serve administrative staff and existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. The community garden, play field, and play yard would not be for public use. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU-1, Land Use Map, April 2022. 2 City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. Dec i y ouncil 26 — 65 1/16/20 ge 5 -------- ________ ________ / s _ ____----------------------------------------------- �Ck .. 10I 'A7 -rrrrrrrrrrrr q�� �� IIIIIIIIIIIIIIIIIIIIIIIIII Illlllllllllli i� � F G[ R IIIIIIIIIIIII y+ U 9C C A_ IIIIIIIIIIIII I I I I I I I I I I I I I I Q� TID Eos UIIDINIY^ l l_lel�l l l l l l i GPRDENE PARCEL zzsi sr� easel n IEleowaos.m. onovovF __ll _ VB•96 B 394.19'(MI 11 IEII 1 Ill 589. 9'26 E '38C.19' R)� .,'IIII ';III IIIII IIIII III III I I I III IRI—SIF 1 •.I I' } PROJECT SITE P aA6Co sfD (E)BUILDING -•111 III II I o DROP EE r ® (E)VISiAGLOBPLACADEMIES 81 SF I PARCELI 5 PARCEL 3 I I ® ® UBE HEGHUCAT�ON SS I I IEI BUILDING (E)BUILDING — 1 I I I 1 1 190 11 W 5TH ST Source: Studio W Architect%June 2023 VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 INTERNATIONAL Council 26 — 66 1/16/ Teptual Site Plan 10=3 IN199999 Exhibit 3 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Ancillary improvements include landscaping, fencing along the perimeters of the proposed outdoor areas, and expansion of the existing parking lot. The front parking lot facing North Fairview Street would provide 20 parking spaces and the side parking lot adjacent to an existing railroad alignment (currently under construction for electric street cars) would provide 43 spaces. In total, the site would provide 63 parking spaces. Similar to existing conditions, the site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Internal drive aisles would provide access to the proposed office building and outdoor areas. The student drop-off and pick-up area and internal circulation pattern would be slightly modified to accommodate the outdoor learning garden space and the outdoor play areas. Specifically, the fenced play yard would have a dual use. During drop-off and pick-up hours, the fence would be opened to allow for vehicles to use as a drop-off/pick-up turnaround area; no play yard activities would occur during these times. During school hours, the play yard fence would be closed for safety and students would be able to utilize the play yard for school activities.; refer to Exhibit 3. 2.4.1 Entitlements To allow the use of the former automotive repair building for the proposed office use, a Zone Change would be required to modify the existing Light Industrial (M 1) zoning for the site to Specific Development No. 82 (SD-82) to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD-82 zoning district to allow an outdoor play area. Under current SD-82 provisions, play areas for children are limited to indoors only. 2.4.2 Project Construction Construction of the proposed project is anticipated to take approximately eight months to complete. The construction activities would include building construction, paving, and architectural coating. Construction activities would comply with the City's Noise Ordinance, Section 18-314(e) of the Santa Ana Municipal Code (Municipal Code) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. Construction equipment and materials staging would occur within the project site. During construction, vehicular access would be provided via existing access points along North Fairview Street and/or West 5th Street. 3. California Environmental Quality Act Regulatory Setting CEQA applies to proposed projects initiated by, funded by, or requiring discretionary approvals from State or local government agencies. CEQA Guidelines apply generally to discretionary actions by agencies which may have a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment, and if the activity meets the conditions for a CEQA Exemption, it is considered exempt from the provisions of CEQA. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Projects that are consistent with the densities and use characteristics considered by the GPU E I R may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions: Dec i y ouncil 26 — 67 1/16/20 ge 7 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 a) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. It is the intention of the City to pursue an exemption for the proposed project. The environmental review contained in Section 4 has been prepared to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under CEQA Guidelines Section 15183. The previously certified GPU EIR serves as the primary environmental compliance document for the project, and the text, standards of conditions, and applicable mitigation measures are incorporated by reference. Per the CEQA Guidelines, the exemption does not need to be circulated for public review but can be included in the staff report prior to making a decision on the project. 4. Environmental Review This section includes an assessment, by issue area, of the proposed project's potential effects on the environment. 4.1 Aesthetics 4.1.1 GPU EIR Findings The GPU EIR concluded that while buildout of the General Plan Update would result in greater density and intensity in the five focus areas, aesthetic impacts would be less than significant with implementation of GPU EIR Regulatory Requirements (RR) AE-1 through AE-3. RR AE-1 requires the City to enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 requires the City to enforce development standards and other general provisions as detailed in the Zoning Code (Municipal Code Chapter 41, Zoning) to ensure consistency between the General Plan and proposed development projects. Last, RR AE-3 requires the City to enforce the development standards and guidelines of adopted specific plans. The GPU EIR also states that visual resources in the City include views from public places of the Santiago Creek along the northern portion of the City and the Santa Ana River along the western portion of the City. There are no State -designated scenic highways in Santa Ana. 4.1.2 Project Analysis The project site is located along North Fairview Street and is currently developed with one existing building formerly occupied by automobile repair businesses and associated surface parking. Due to intervening topography and ornamental vegetation, the Santa Ana River and Santiago Creek are not visible from the project site. The proposed project would renovate a former automotive repair building as the Vista Charter Public Schools district office. Although the proposed project Dec i y ouncil 26 — 68 1/16/20 9e 8 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 would require a Zone Change to modify the site's M1 zoning to SD-82, it would make the site's zoning consistent with the rest of the Fairview Business Park. Additionally, no change in density or building height is proposed. Thus, the proposed project would be consistent with the allowed development density for the site's FLEX-1.5 land use designation established by the General Plan Update and would have similar or lesser significant impacts than those analyzed in the GPU EIR. Furthermore, development would be required to comply with existing standards governing aesthetics for the SD-82 zone, which is consistent with the standards for M1 uses in Municipal Code Chapter 41, Article 111, Division 18. Overall, the project would renovate an unused, vacant automobile repair building as a school district office and provide outdoor areas with a community garden and play areas. Thus, the project would improve the aesthetic character of the project site and complement the existing development in the Fairview Business Park. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista, damage scenic resources within a State -designated scenic highway, or conflict with existing policies governing scenic quality. Moreover, to further reduce impacts associated with the proposed project, implementation of RR AE-1 would ensure compliance with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting and adherence to applicable development standards in the Zoning Code. Additionally, the proposed project would comply with existing outdoor lighting standards for nonresidential buildings in Municipal Code Section 8-211, Special commercial building provisions, which require lighting to be contained on -site. Proposed nighttime lighting on -site for the outdoor areas would be limited to security lighting (i.e., no field lights that could impact neighboring uses at night). Therefore, impacts related to nighttime lighting and glare would be less than significant. 4.1.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR AE- 1 and AE-2 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe aesthetic impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR AE-1 The City shall enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 The City shall enforce development standards and other general provisions as detailed in the Zoning Code (Chapter 41 of the Municipal Code) to ensure consistency between the City's General Plan and proposed development projects. This includes compliance with the requirements of any ordinance adopting specific development plans. 4.2 Agriculture and Forestry Resources 4.2.1 GPU EIR Findings Most of the City, including the project site, is urbanized, developed, and does not provide opportunities for agricultural or forestry use. As stated in the GPU EIR, the City is nearly built out and does not contain any significant agricultural resources or land designated or zoned for agricultural use. Dec i y ounci1 26 — 69 1/16/20 9e 9 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.2.2 Project Analysis The project site is fully developed and consists of a building formerly utilized by automobile repair businesses and a surface parking area within the Fairview Business Park. The project does not involve any land use changes related to agriculture, forest land, or timberland production. The project site and surrounding area are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and do not include lands that qualify as forest land or timberland.3 Additionally, there are no lands in the City under a Williamson Act contract.4 Therefore, no impact to agricultural and forestry resources would occur. 4.2.3 Conclusion Overall, the project is consistent with the General Plan Update, and would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to agriculture and forestry resources than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.3 Air Quality 4.3.1 GPU EIR Findings The GPU EIR determined that the General Plan Update is inconsistent with the Air Quality Management Plan (AQMP) because buildout under the General Plan Update would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (Basin). The GPU EIR included Mitigation Measure AQ-2, which would reduce criteria air pollutant emissions from operational - related activities to the extent feasible; however, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast Air Quality Management District (SCAQMD) thresholds. Therefore, the GPU EIR determined that impacts related to AQMP consistency and air quality emissions would remain significant and unavoidable. The GPU EIR also determined that construction activities associated with buildout of the GPU could generate short-term emissions that exceed the SCAQMD significance thresholds and cumulatively contribute to the nonattainment designations of the Basin. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, the GPU EIR determined that construction time frames and equipment for site -specific development projects have a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Thus, impacts were determined to be significant and unavoidable. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed June 29, 2023. a California Department of Conservation, California Williamson Act Enrollment Finder, https://gis.conservation.ca.gov/portal/home/webmap/viewer. htmI?webmap=18f7488cOa9d4d299f5e9c33b3l 2f3l 2, accessed July 26, 2023. Dec I y ouncil 26 — 70 1/16/202 e 10 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.3.2 Project Analysis The following section evaluates the potential short- and long-term air quality impacts that would result from the construction and operation of the proposed project. The analysis is primarily based upon Attachment A, Air Quality/Greenhouse Gas/Energy Modeling Results. CONSISTENCY WITH APPLICABLE AIR QUALITY PLAN In order to reduce emissions in the Basin, the SCAQMD adopted the 2022 Air Quality Management Plan (2022 AQMP) which establishes a program of rules and regulations directed at reducing air pollutant emissions and achieving State and Federal air quality standards. The AQMP is a regional and multi -agency effort including the SCAQMD, California Air Resources Board (CARB), the Southern California Association of Governments (SCAG), and the U.S. Environmental Protection Agency (EPA). The 2022 AQMP pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020-2045 RTP/SCS), updated emission inventory methodologies for various source categories, and SCAG's latest growth forecasts. SCAG's latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The SCAQMD considers projects that are consistent with the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants, to also have less than significant cumulative impacts. Criteria for determining consistency with the AQMP are defined by the following indicators: Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. i) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertains to pollutant concentrations, rather than to total regional emissions, an analysis of the project's pollutant emissions relative to localized pollutant concentrations is used as the basis for evaluating project consistency. As discussed below, localized concentrations of carbon monoxide (CO), nitrogen oxides (NOx), particulate matter less than 10 microns in diameter (PM,o), and particulate matter less than 2.5 microns in diameter (PM2.5) would be less than significant during project construction and operations. Therefore, the proposed project would not result in an increase in the frequency or severity of existing air quality violations.5 5 Because reactive organic gases (ROGs) are not a criteria pollutant, there is no ambient standard or localized threshold for ROGs. Due to the role ROG plays in ozone formation, it is classified as a precursor pollutant and only a reaional emissions threshold has been established. Dec I y ouncil 26 — 71 1/16/202 e 11 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ii) Would the project cause or contribute to new air quality violations? As discussed below, the proposed project would result in emissions that are below the SCAQMD thresholds. Therefore, the project would not have the potential to cause or affect a violation of the ambient air quality standards. iii) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed project would result in less than significant impacts regarding regional and localized concentrations during project construction and operations As such, the project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD's second criterion for determining project consistency focuses on whether the proposed project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. i) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? Growth projections included in the 2022 AQMP form the basis for the projections of air pollutant emissions and are based on general plan land use designations and SCAG's 2020-2045 RTP/SCS demographics forecasts. The population, housing, and employment forecasts within the 2020-2045 RTP/SCS are based on local general plans as well as input from local governments, such as the City. The SCAQMD has incorporated these same demographic growth forecasts for various socioeconomic categories (e.g., population, housing, employment) into the 2022 AQMP. The project site is designated FLEX-1.5 and is zoned M1 and SD-82 zones. The FLEX- 1.5 designation allows for various office uses, a maximum FAR of 1.5 and a maximum building height of three stories. The proposed project would renovate an existing 5,837- square foot building as an office building for Vista Charter Public Schools. The building is located on a 0.9-acre (39,204 square -foot) site, thus providing an FAR of 0.15. The existing building height would remain the same at 19 feet and four inches. As such, the project would meet the design standards of the FLEX-1.5 designation. Permitted uses in the SD-82 zone are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial), and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. To allow the use of the former automotive repair building for the proposed office use, a Zone Change would Dec i y ouncil 26 — 72 1/16/202 e 12 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 be required to modify the existing M1 zone to SD-82 to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD- 82 zoning district to allow outdoor play areas. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640-square foot play yard. Under current SD-82 provisions, play areas for children are limited to indoors only. Upon approval of the above entitlements, the proposed project would be consistent with the requirements of the General Plan Update and project site's zoning, and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. As discussed in Section 4.14, Population and Housing, Vista Charter Public Schools operates six public charter schools in Los Angeles and Orange County and serves a total of 1,500 students. The proposed project creates an opportunity to have a district office located next to the organization's largest school, Vista Heritage Global Academy. However, it is anticipated that the project would not generate new employment opportunities within the existing organization. Additionally, proposed outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As a result, the proposed project would not directly or indirectly result in substantial unplanned population growth in the area or displace substantial numbers of existing people or housing. Additionally, as the SCAQMD has incorporated these same projections into the 2022 AQMP, it can be concluded that the proposed project would be consistent with the projections included in the 2022 AQMP. A less than significant impact would occur in this regard. ii) Would the project implement all feasible air quality mitigation measures? The proposed project would result in less than significant air quality impacts. Compliance with all feasible emission reduction rules and measures identified by the SCAQMD would be required as identified in RR AQ-2 and AQ-3 below. As such, the proposed project meets this 2022 AQMP consistency criterion. iii) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020- 2045 RTP/SCS. There is an existing bus stop located less than one mile to the west of the project site operated by Orange County Transportation Authority. Further, the project would provide bicycle parking and encourage alternate mode of transportation. Therefore, the project would be consistent with the actions and strategies of the 2020-2045 RTP/SCS As such, the proposed project meets this AQMP consistency criterion. In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed project would not result in a long-term impact on the region's ability to meet State and Federal air quality standards. Further, the proposed project's long-term influence on air quality in the Basin would also be consistent with the SCAQMD and SCAG's goals and policies and is considered consistent with the 2022 AQMP. Dec i y ouncil 26 — 73 1/16/20'2 e 13 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 CRITERIA AIR POLLUTANTS Construction Impacts The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public Schools and is not expected to involve any major construction activities. The project would be constructed over approximately eight months. Earthwork would be balanced on - site and would not require soil import or export. Exhaust emission factors for typical diesel - powered heavy equipment are based on the California Emissions Estimator Model version 2022.1 (CaIEEMod) program defaults. Variables factored into estimating the total construction emissions include the level of activity, length of construction period, number of pieces and types of equipment in use, site characteristics, weather conditions, number of construction personnel, and the amount of materials to be transported on- or off -site. The analysis of daily construction emissions has been prepared utilizing CaIEEMod. Refer to Attachment A for the CaIEEMod outputs and results. Fugitive dust emissions are associated with land clearing, ground excavation, cut -and -fill, and truck travel on unpaved roadways (including demolition as well as construction activities). Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the project site, employee commutes to the project site, emissions produced on -site as the equipment is used, and emissions from trucks transporting materials to/from the site. In addition to gaseous and particulate emissions, the application of asphalt and surface coatings creates ROG emissions, which are 03 precursors. Table 1, Proiect-Generated Construction Emissions, presents the anticipated daily short-term construction emissions. Table 1 Project -Generated Construction Emissions Emissions Source Pollutant (poundslda#,' ROG NOx c0 S02 PM10 Year 1 Construction Emissions2 0.59 5.98 7.14 0.01 0.32 0.27 Year 2 Construction Emissions2 0.89 5.65 7.11 0.01 0.44 0.25 Maximum Daily Emissions 0.89 5.98 7.14 0.01 0.44 0.27 SCAQMD Regional Thresholds 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CaIEEMod version 2022.1. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Source: Refer to Attachment A for assumptions used in this analysis. Construction Emissions Conclusion With the implementation of RR AQ-2 and AQ-3, criteria pollutant emissions during construction of the proposed project would not exceed the SCAQMD significance thresholds; refer to Table 1. Thus, total construction related air emissions would be less than significant. Operational Impacts Long-term operational air quality impacts consist of mobile source emissions generated from project -related traffic and emissions from stationary area and energy sources. It should be noted that emission reductions from the existing uses are not taken into account as they are currently vacant. Area source emissions include those generated by architectural coatings, consumer Dec i y ouncil 26 — 74 1/16/20'2 e 14 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 products, and landscape maintenance equipment associated with the development of the proposed project. Energy source emissions would be generated as a result of electricity and natural gas usage associated with the proposed project. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Emissions associated with each source are detailed in Table 2, Project -Generated Operational Emissions. Table 2 Project -Generated Operational Emissions Emissions Source Pollutant (pounds/day)' ROG NOx CO SOx PM,o PMz.s Project Summer Emissions Area 0.22 <0.01 0.30 <0.01 <0.01 <0.01 Energy <0.01 0.05 0.04 <0.01 <0.01 <0.01 Mobile 0.27 0.18 1.95 <0.01 0.41 0.11 Total Summer Emissions2 0.49 0.23 2.30 <0.01 0.41 0.11 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Project Winter Emissions Area 0.17 0.00 0.00 0.00 0.00 0.00 Energy <0.01 0.05 0.04 <0.01 <0.01 <0.01 Mobile 0.27 0.20 1.85 <0.01 0.41 0.11 Total Winter Emissions2 0.44 0.24 1.89 <0.01 0.41 0.11 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CalEEMod version 2022.1 and are based on 7,000 square feet building area as a conservative analysis. 2. The numbers may be slightly off due to rounding. Source: Refer to Attachment A for assumptions used in this analysis. As shown in Table 2, the total operational emissions for both summer and winter would not exceed established SCAQMD thresholds. Therefore, impacts in this regard would be less than significant. Air Quality Health Impacts Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables (e.g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [e.g., age, gender]). In particular, 03 precursors, VOCs, and NOx, affect air quality on a regional scale. Health effects related to 03 are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations, and, as such, translating project -generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the project's less than significant increases in regional air pollution from criteria air pollutants would have nominal or negligible impacts on human health. As noted in the Brief of Amicus Curiae by the SCAQMD (April 6, 2015) for Sierra Club vs. County of Fresno, the SCAQMD acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form. Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD) (April 13, 2015) for the Sierra Club vs. County of Fresno, SJVAPCD acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project's air emissions and specific human health impacts. Dec i y ouncil 26 - 75 1/16/20'2 e 15 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 The SCAQMD acknowledges that health effects quantification from 03, as an example, is correlated with the increases in ambient level of 03 in the air (concentration) that an individual person breathes. The SCAQMD's Brief of Amicus Curiae for Sierra Club vs. County of Fresno states that it would take a large amount of additional emissions to cause a modeled increase in ambient 03 levels over the entire region. The SCAQMD states that based on their own modeling in the SCAQMD's 2012 AQMP, a reduction of 432 tons (864,000 pounds) per day of NOx and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce 03 levels at highest monitored sites by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify Os -related health impacts caused by NOx or VOC emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations. Thus, as the project would not exceed SCAQMD thresholds for construction and operational air emissions, the project would have a less than significant impact for air quality health impacts. LOCALIZED POLLUTANTS AND SENSITIVE RECEPTORS Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The CARB has identified the following groups of individuals as those most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The closest sensitive receptor to the project site is the Vista Heritage Global Academy School adjacent to the south of the project site. The closest residential uses are located approximately 100 feet to the north of the project site and the existing Romero -Cruz Academy school is located approximately 100 feet to the west. Localized Significance Thresholds Localized Significance Thresholds (LSTs) were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized air quality impacts. The SCAQMD provides the LST lookup tables for one-, two-, and five -acre projects emitting CO, NOx, PM2.5, and/or PM1o. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The project site is located within Source Receptor Area (SRA) 17, Central Orange County. Construction LST The SCAQMD guidance on applying CaIEEMod to LSTs specifies the number of acres a particular piece of equipment would likely disturb per day.6 SCAQMD provides LST thresholds for one-, two, and five -acre site disturbance areas; SCAQMD does not provide LST thresholds for projects over five acres. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools and would not involve any grading or major construction related activities and therefore, there would not be any 6 The number of acres represent the total acres traversed by grading equipment. In order to properly grade a piece of land, multiple passes with equipment may be required. The disturbance acreage is based on the equipment list and days of the grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday. Dec I y ounci1 26 — 76 1/16/20'2 e 16 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 significant on -site localized construction emissions. As such the project's localized construction emissions would not exceed the LSTs for SRA 17 and localized significance impacts from project - related construction would be less than significant. Operational LST According to SCAQMD LST methodology, LSTs would apply to operational activities if the project includes stationary sources or attracts mobile sources that may spend extended periods queuing and idling at the site (i.e., warehouse or transfer facilities). The proposed project does not include such uses. Thus, due to the lack of such emissions, no long-term LST analysis is needed. Operational LST impacts would be less than significant in this regard. Carbon Monoxide Hotspots CO emissions are a function of vehicle idling time, meteorological conditions, and traffic flow. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthful levels (e.g., adversely affecting residents, school children, hospital patients, and the elderly). The Basin is designated as an attainment/maintenance area for the Federal CO standards and an attainment area under State standards. There has been a decline in CO emissions even though vehicle miles traveled (VMT) on U.S. urban and rural roads have increased; estimated anthropogenic CO emissions have decreased 68 percent between 1990 and 2014. In 2014, mobile sources accounted for 82 percent of the nation's total anthropogenic CO emissions.' Three major control programs have contributed to the reduced per -vehicle CO emissions, including exhaust standards, cleaner burning fuels, and motor vehicle inspection/maintenance programs. According to the SCAQMD CEQA Air Quality Handbook, a potential CO hotspot may occur at any location where the background CO concentration already exceeds 9.0 parts per million (ppm), which is the 8-hour California ambient air quality standard. The closest monitoring station to the project site that monitors CO concentration is Anaheim — 812 West Vermont Street, which is located approximately 4.5 miles north of the project site. The maximum CO concentration at Anaheim — 812 West Vermont Street station was measured at 1.976 ppm in 2022.8 Given that the background CO concentration does not currently exceed 9.0 ppm, a CO hotspot would not occur at the project site. Therefore, CO hotspot impacts would be less than significant in this regard. Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies and was identified as a toxic air contaminant by CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, U.S. Environmental Protection Agency, Carbon Monoxide Emissions, https://cfpub.epa.gov/roe/indicator pdf.cfm?i=10, accessed July 3, 2023. 8 California Air Resources Board, Air Quality and Meteorological Information, 4.3.3 https://www.arb.ca.gov/agmis2/agdselect.php?tab=specialrpt, accessed July 3, 2023. Dec I y ouncil 26 — 77 1/16/202 e 17 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, serpentinite and ultramafic rocks are not known to occur within the project area.9 It is possible that the existing on -site structure contains asbestos. According to SCAQMD Rule 1403 requirements, prior to the start of demolition activities, the existing structure shall be thoroughly surveyed for the presence of asbestos by a person that is certified by Cal/OSHA for asbestos surveys. Rule 1403 requires that the SCAQMD be notified a minimum of 10 days before any demolition activities begin with specific details of all asbestos to be removed, start and completion dates of demolition, work practices and engineering controls to be used to contain the asbestos emissions, estimates on the amount of asbestos to be removed, the name of the waste disposal site where the asbestos will be taken, and names and addresses of all contractors and transporters that will be involved in the asbestos removal process. Therefore, through adherence to the asbestos removal requirements, detailed in SCAQMD Rule 1403, a less than significant asbestos impact would occur during construction of the proposed project. Health Risk Impacts of On -Site Sensitive Receptors The project site is located adjacent to an existing railroad and light industrial uses. Therefore, the proposed on -site outdoor play area could be exposed to potential health impacts. It should be noted that according to several court decisions, CEQA analysis is not required to analyze impacts of the existing environment on a proposed project unless the project risks exacerbating existing environmental hazards. As such, the following discussion on the health risk impacts of on -site sensitive receptors is for informational purposes only. The SCAQMD recommends that health risk assessments be conducted for substantial sources of diesel particulate emissions (e.g., truck idling and movements, ship hoteling at ports, and train idling) and has provided guidance for analyzing mobile source diesel emissions.10 Similarly, CARB requires a health risk assessment when siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard or within 1,000 feet of a distribution center that accommodates more than 100 trucks per day.11 It should be noted that emissions of diesel particulate matter from train idling occurs predominantly at railroad yards, train stations, and train stops. Most train idling emissions are concentrated at railroad yards, where switching engines and local yard service operations are performed. The proposed project is located next to a railroad and is not located in the vicinity of a railyard or a train station. The railroad is currently not operational and is being developed to build a fixed guideway system called the Orange County Streetcar (OC Streetcar). The proposed OC Streetcars would be electrically -powered and would not consume diesel and thus, would not generate diesel particulate matter. Furthermore, the light industrial uses located to the south of the project site are small warehouses that do not qualify as a distribution center, and only involve occasional delivery truck trips that are much less than 100 s California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr 2000-019.pdf, accessed April 3, 2023. 10 South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions, December 2002. 11 California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, April 2005. Dec I y ouncil 26 — 78 1/16/20'2 e 18 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 truck trips per day. Therefore, diesel particulate matter emissions generated by the light industrial uses to the south are nominal and would not cause significant health impacts to on -site sensitive receptors (i.e., proposed outdoor play area). As such, on -site sensitive receptors would have less than significant health impacts from the future operations of the OC Streetcar and the existing operations of adjacent light industrial uses, and potential health risk from the future OC Streetcar and existing light industrial uses on on -site sensitive receptors was not quantified. A less than significant impact would occur in this regard. OBJECTIONABLE ODORS According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors. Construction activities associated with the project may generate detectable odors from heavy- duty equipment exhaust and architectural coatings. However, construction -related odors would be short-term in nature and cease upon project completion. In addition, the project would be required to comply with the California Code of Regulations, Title 13, Sections 2449(d)(3) and 2485, which minimize the idling time of construction equipment either by requiring equipment to be shut off when not in use or limiting idling time to no more than five minutes. Compliance with these existing regulations would further reduce the detectable odors from heavy-duty equipment exhaust. Project's compliance with RR AQ-3 would ensure compliance with the SCAQMD Regulation XI, Rule 1113 —Architectural Coating, which would minimize odor impacts from ROG emissions during architectural coating. Any odor impacts to existing adjacent land uses would be short-term and negligible. As such, the project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Impacts would be less than significant in this regard. 4.3.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR AQ-1 though AQ-3 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe air quality impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR AQ-1 (amended) New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 202249 Building Energy Efficiency Standards became effective January 1, 20220. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. Dec i y ouncil 26 — 79 1/16/20'2 e 19 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Rule 402, Nuisance, which states that a project shall not "discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 1113, which limits the volatile organic compound content of architectural coatings. • Rule 1466, Soil Disturbance. Projects that involve earth -moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. 4.4 Biological Resources 4.4.1 GPU EIR Findings According to the GPU EIR, the City is built out with primarily industrial, commercial, and residential uses. Wildlife habitats within the City are generally limited to open space/vacant parcels, the Santa Ana River, and the Santiago Creek. While no development or land use changes are proposed in the City's open space areas, sensitive species may still be present in Santa Ana and vegetation removal for redevelopment in the City could adversely impact special status species and/or migratory birds. Thus, Mitigation Measure BI0-1 would require screening by a qualified biologist to determine if a site -specific biological resources report is required for projects that disturb vegetated land or major streams. No land use changes are proposed on parcels identified with riparian habitat, sensitive natural communities, or wetlands. Additionally, the City is not within a Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area. Thus, the GPU EIR concluded that the General Plan Update would have no impact in those regards. 4.4.2 Project Analysis The project site is located within the General Plan Update West Santa Ana Boulevard Focus Area, which includes 28 open space designated parcels and zero vacant parcels. The project site is urbanized and fully disturbed/developed. The proposed project would renovate a former automotive repair building as the Vista Charter Public Schools district office and redevelop existing surface parking lots into an outdoor community garden, outdoor play field, and outdoor play yard. The project site does not include any wildlife or riparian habitat, sensitive natural communities, or wildlife corridors. Although the project site contains limited ornamental vegetation, the site does not include attributes that would be capable of supporting special status or sensitive plant species, or native resident or migratory species. Additionally, project compliance with RR B-2 would ensure any potential direct or indirect impacts to common bird species comply with California Fish and Game Code Section 3503, which prohibits the take, possession, or needless destruction of any bird's nest or eggs. Further, all proposed activities would occur within Dec i y ouncil 26 — 80 1/16/202 e 20 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 established urbanized areas and not include land uses or activities that would remove or impact any biological resources. No new or substantially more severe impacts would occur compared to the determination in the GPU EIR, and no new mitigation measures are required. As stated, the City is not within an NCCP/HCP area. Therefore, the proposed project would not conflict with an NCCP/HCP or other approved local, regional, or State habitat conservation plan. 4.4.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR B-2 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe biological resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR B-2 Regulatory requirement for potential direct/indirect impacts to common and sensitive bird and raptor species will require compliance with the California Fish and Game Code Section 3503. 4.5 Cultural Resources 4.5.1 GPU EIR Findings The GPU EIR concluded that future development under the General Plan Update could adversely impact the City's numerous historical properties listed in national, State, and local registers. However, impacts would be reduced to less than significant levels upon implementation of RR CUL-1 through CUL-6 and Mitigation Measures CUL-1 through CUL-7. Specifically, Mitigation Measure CUL-1 would require a historical resources assessment (HRA) for structures 45 years or older. Mitigation Measure CUL-2 would require the maximum use of the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings to ensure that projects involving relocation, conversion, rehabilitation, or alteration of a historic resources would not impair any historical significance. In the event that impacts to historical resources cannot be avoided, Mitigation Measure CUL-3 would require the affected historical resources to be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. To reduce impacts to archaeological resources and prior to ground -disturbing activities, Mitigation Measure CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of a qualitied archaeologist. If potentially significant archaeological resources are identified and impacts cannot be avoided, Mitigation Measure CUL-5 requires a Phase II Testing and Evaluation investigation be performed by a qualified archaeologist. If the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. Pursuant to Mitigation Measure CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, a qualified archaeologist must be retained on -call. Overall, implementation of regulatory requirements and Mitigation Measures CUL-1 through CUL-7 would reduce impacts to less than significant levels. Dec i y ouncil 26 — 81 1/16/20'2 e 21 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.5.2 Project Analysis The project site is located within the western portion of the West Santa Ana Boulevard Focus Area and does not contain any historical resources as defined by CEQA Guidelines Section 15064.5(a). Thus, no impacts would occur with regards to historical resources. Although the project would redevelop the shared surface parking lot in the southern portion of the site into an outdoor community garden, play field, and play yard, the proposed project would not require extensive excavation that could uncover previously undiscovered archaeological resources or disturb human remains. Typical excavation depth would be a maximum of four feet for the majority of the site with the deepest excavation of approximately eight feet for an underground infiltration chamber related to stormwater improvements. RR CUL-1 requires that if human remains are discovered within the project site, disturbance of the site must halt until the County coroner has investigated and recommended treatment and disposition of the remains. If the human remains are determined to be Native American in origin, the Native American Heritage Commission must be contacted. Upon implementation of RR CUL-1, impacts would be less than significant in these regards. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. 4.5.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR CUL- 1, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe cultural resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. 4.6 Energy 4.6.1 GPU EIR Findings The GPU EIR determined that implementation of the General Plan Update policies, in conjunction with regulatory requirements, would ensure that energy demand associated with growth under the General Plan Update would not be inefficient, wasteful, or unnecessary. Additionally, the General Plan Update would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Dec i y ouncil 26 — 82 1/16/20'2 e 22 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.6.2 Project Analysis ENERGY CONSUMPTION Construction During construction, the project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Fossil fuels used for construction vehicles and other energy -consuming equipment would be used during building construction, paving, and architectural coatings. Fuel energy consumed during construction would be temporary and would not represent a significant demand on energy resources. In addition, some incidental energy conservation would occur during construction through compliance with State and RR E-1 requirements that heavy-duty diesel equipment not in use for more than five minutes be turned off. Project construction equipment would also be required to comply with the latest U.S. Environmental Protection Agency (EPA) and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Substantial reductions in energy inputs for construction materials can be achieved by selecting green building materials composed of recycled materials that require less energy to produce than non -recycled materials.12 Compliance with RR E-2 and the integration of green building materials can help reduce environmental impacts associated with the extraction, transport, processing, fabrication, installation, reuse, recycling, and disposal of these building industry source materials.13 The project -related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public Schools and is not expected to involve any major construction activities or construction of new structures. As such, the project's fuel consumption from off -road construction equipment use would be nominal and would not significantly increase fuel use in the County. Similarly, the project's fuel consumption from on -road construction vehicle use would be nominal and would not significantly increase fuel use in the County. As such, construction would have a nominal effect on the local and regional energy supplies. It is noted that construction fuel use is temporary and would cease upon completion of construction activities. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or State. Therefore, by complying with RR E-1 and E- 2, construction fuel consumption would not be any more inefficient, wasteful, or unnecessary than other similar development projects of this nature. As such, a less than significant impact would occur in this regard. 12 CalRecycle, Green Building Materials, https://www.calrecycle.ca.gov/greenbuiIding/materials#Material, accessed August 15, 2023. 13 Ibid. Dec i y ouncil 26 — 83 1/16/20'2 e 23 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Operations Transportation Enerav Demand Pursuant to the federal Energy Policy and Conservation Act of 1975, the National Highway Traffic and Safety Administration is responsible for establishing additional vehicle standards and for revising existing standards. Compliance with federal fuel economy standards is not determined for each individual vehicle model. Rather, compliance is determined based on each manufacturer's average fuel economy for the portion of their vehicles produced for sale in the United States. According to the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023, the proposed project would generate 84 average daily trips without taking trip reductions from the existing uses as they are currently vacant. As such, with the 84 average daily trips, the project would have a nominal increase the County's automotive fuel consumption. The project does not propose any unusual features that would result in excessive long-term operational fuel consumption. The key drivers of transportation -related fuel consumption are commuting for work and many personal choices on when to drive to the site for various purposes. Those factors are outside of the scope of the design of the proposed project. However, the project would provide on -site bicycle parking and promote the use of alternate mode of transportation. Additionally, an Orange County Transportation Authority bus stop is located less than 0.1 miles to the west of the project site. As such, this project would encourage and support the use of alternative modes of transportation, thus reducing petroleum fuel consumption. Therefore, fuel consumption associated with vehicle trips generated by the project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. A less than significant impact would occur in this regard. Building Energy Demand Compliance with RR E-3 and E-4 would ensure project's compliance with the most current version of the 2022 Title 24 Building Energy Efficiency Standards (commonly known as Title 24), which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Additionally, the project would exceed the 2022 Title 24 standards. Compliance with the current 2022 Title 24 standards significantly reduces energy usage. As modeled in CaIEEMod and detailed in Attachment A, the project would consume 124,742 kilowatt-hour of electricity and 177,425 kilo British thermal units of natural gas per year, which is nominal compared to regional energy consumption. It should be noted that as a conservative analysis, existing uses on -site were not modeled or deducted from project energy consumption. Furthermore, the electricity provider, SCE, is subject to California's Renewables Portfolio Standard (RPS). The RPS requires investor -owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 60 percent of total procurement by 2030, and 100 percent by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The increase in reliance of such energy resources further ensures that new development projects will not result in the waste of the finite energy resources. Therefore, by using electricity from SCE, the project would be in compliance with RR E-5. As a result, the project would ensure energy consumption to be kept to a minimum through high efficiency lighting, energy efficient appliances, and on -site renewable energy production. Dec i y ouncil 26 — 84 1/16/202 e 24 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Therefore, the project would not cause wasteful, inefficient, and unnecessary consumption of building energy during project operation, or preempt future energy development or future energy conservation. A less than significant impact would occur in this regard. CONSISTENCY WITH APPLICABLE ENERGY PLANS State and regional plans for renewable energy and energy efficiency include the California Energy Commission's Integrated Energy Policy Report (IEPR), Title 24 standards, and CALGreen standards. The project would exceed 2022 Title 24 and CALGreen standards and incorporate all applicable energy efficiency measures in compliance with RR E-1 through E-5. The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public School use. The proposed project would be compliant with all applicable goals and all other all applicable goals and policies by incorporating energy-, water- and waste -efficiency building features as per Title 24 standards. The project would also install water efficient features such as low -flow fixtures and water efficient and drought tolerant irrigation system to further reduce water consumption. Compliance with Title 24 and CALGreen standards would ensure the project's consistency with the IEPR building energy efficiency recommendations, which would ensure project conformance with the State's energy reduction goals. Less than significant impacts would occur in this regard. 4.6.3 Conclusion The project is consistent with the General Plan Update. With implementation of RR E-1 through E-5, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe energy impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. Dec i y ouncil 26 — 85 1/16/20'2 e 25 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.7 Geology and Soils 4.7.1 GPU EIR Findings The GPU EIR concluded that future development under the General Plan Update would be subject to potential seismic -related hazards including strong seismic ground shaking, seismic - related ground failure, and landslides. Further, development associated with the General Plan Update could result in unstable geologic unit or soil conditions, including soil erosion, expansive soils, settlement and collapse, and subsidence. However, implementation of RR G-1, through G- 3 would reduce impacts to less than significant levels. Specifically, RR G-1 and G-2 require development to comply with the most recent version of the California Building Code and Municipal Code Chapter 8, Buildings and Structures, and RR G-3 requires all buildings or structures within the City that require plumbing fixtures be connected to a public sewer per Municipal Code Section 39-51, Mandatory Connections. The GPU EIR also concluded that development under the General Plan Update could impact known and unknown paleontological resources through grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past. Therefore, Mitigation Measures GEO-1 through GEO- 3 require monitoring based on the sensitivity level of sites for paleontological resources. Overall, the GPU EIR concluded that implementation of regulatory requirements and Mitigation Measures GEO-1 through GEO-3 would reduce geology and soil impacts to less than significant levels. 4.7.2 Project Analysis The project site is located in a seismically active area, as is most of southern California. However, the project site is not located within a State -designated Alquist-Priolo Fault Hazard Zone. The nearest fault to the project site is the Bolsa-Fairview Fault (Newport -Inglewood Rose Canyon fault zone), located approximately 5.5 miles to the southwest. No active faults are known to cross the project site. Additionally, the site is not located in an area identified as a potential landslide hazard area by the State or City. However, the project site is located within an area susceptible to liquefaction. As described above, implementation of RR G-1 and G-2 would reduce impacts in this regard to less than significant levels. Consistent with the General Plan, compliance with existing regulations would ensure the proposed project would not result in a significant impact related to seismic hazards or liquefaction. Construction of the proposed project would involve minimal ground -disturbing activities given the nature of the proposed improvements. As mentioned above, while construction activities may result in the potential for erosion to occur, implementation of RR G-1 and G-2 would reduce impacts in this regard to less than significant levels. Consistent with the General Plan, compliance with existing regulations including implementation of regulatory requirements would ensure the proposed project would not result in a significant impact related to erosion. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. Lateral spreading is a type of liquefaction -induced ground failure on mildly sloping ground. However, the project site is located on relatively level ground, and implementation of the proposed project would not increase the risk of landslides. Therefore, no impacts related to lateral spreading would occur. Subsidence is the lowering of surface elevation due to changes occurring underground, such as the extraction of large amounts of groundwater. The proposed project would not involve the extraction of any groundwater, oil, or gas from the project site. Clay -based soils are typically susceptible to expansion. The geologic materials under the project site have very low expansive potential (plasticity index value less than 15) and are classified as non - Dec i y ouncil 26 — 86 1/16/20'2 e 26 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 expansive in accordance with the 2022 California Building Code, Section 1803.5.3.14,15 As such, no impacts related to unstable or expansive soils would occur. In compliance with RR G-3, construction and operation of the proposed project would not involve the use of septic tanks or alternative wastewater disposal systems. As such, compliance with existing regulatory requirements would ensure no impact related to the use of such systems would occur. With regards to paleontological resources, the project site is disturbed and built out in nature; however, sediments in the project site are considered to have paleontological sensitivity increasing with depth. Specifically, the project site is underlain by silty sand of alluvial fan deposits (Qyfsa) which contain "low -to -high" paleontological sensitivity; refer to GPU EIR Figure 5.6-3, Paleontological Sensitivity. As such, in the event of paleontological resource discovery, the proposed project would comply with GPU EIR Mitigation Measure GEO-3, which requires construction work to halt within a 50-foot radius of a find. With adherence to the City's existing requirements for paleontological resources, less than significant impacts related to paleontological resources would occur. 4.7.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR G-1 and G-2 and Mitigation Measure GEO-3 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project - specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to geology and soils than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on -site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with "Unreinforced Masonry Law," found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. 14International Code Council, 2022 California Building Code, Title 24, Part 2, https://codes.iccsafe.org/content/CABC2022P1/chapter-18-soils-and-foundations, accessed July 26, 2023. 15 U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey, https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx, accessed July 26, 2023. Dec 1 y ouncil 26 — 87 1/16/202 e 27 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 4.8 Greenhouse Gas Emissions 4.8.1 GPU EIR Findings The GPU EIR determined that implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the State and City to meet the 2050 goal, but in the meantime, the GPU EIR determined that buildout of the General Plan Update would result in significant and unavoidable GHG impacts. However, the GPU EIR determined that the General Plan Update would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. 4.8.2 Project Analysis The following section evaluates the potential GHG impacts that would result from implementation of the proposed project. This analysis is primarily based upon Attachment A, Air Qualitu/Greenhouse Gas/Energy Modelinq Results. THRESHOLDS OF SIGNIFICANCE Amendments to CEQA Guidelines Section 15064.4 were adopted to assist lead agencies in determining the significance of the impacts of GHG emissions and gives lead agencies the discretion to determine whether to assess those emissions quantitatively or qualitatively. This section recommends certain factors to be considered in the determination of significance (i.e., the extent to which a project may increase or reduce GHG emissions compared to the existing environment; whether the project exceeds an applicable significance threshold; and the extent to which the project complies with regulations or requirements adopted to implement a plan for the reduction or mitigation of GHGs). The amendments do not establish a threshold of significance; rather, lead agencies are granted discretion to establish significance thresholds for their respective jurisdictions, including looking to thresholds developed by other public agencies or suggested by other experts, such as the California Air Pollution Control Officers Association (CAPCOA), so long as any threshold chosen is supported by substantial evidence (CEQA Guidelines Section 15064.7(c)). The California Natural Resources Agency has also clarified that the CEQA Guidelines amendments focus on the effects of GHG emissions as cumulative impacts, and therefore GHG emissions should be analyzed in the context of CEQA's Dec i y ouncil 26 — 88 1/16/202 e 28 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 requirements for cumulative impact analyses (CEQA Guidelines Section 15064(h)(3)).16,17 A project's incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements to avoid or substantially lessen the cumulative problem within the geographic area of the project.18 The GPU EIR describes that if project emissions are below the 3,000 MTCO2e bright -line screening threshold, GHG emissions impacts would be considered less than significant. As such, the analysis utilizes the 3,000 MTCO2e per year numerical threshold of significance for GHG emissions and the methodology for evaluating the project's impacts related to GHG emissions also focuses on its consistency with Statewide, regional, and local plans adopted for the purpose of reducing and/or mitigating GHG emissions. PROJECT -RELATED GHG EMISSIONS Project -related GHG emissions include emissions from direct and indirect sources. Direct project - related GHG emissions include emissions from construction activities, area sources, mobile sources, and refrigerants, while indirect sources include emissions from energy consumption, water demand, and solid waste generation. The CalEEMod, version 2022.1 was used to calculate project -related GHG emissions. Table 3, Estimated Greenhouse Gas Emissions, presents the estimated CO2, N20, and CH4 emissions associated with the proposed project; refer to Attachment A for the CaIEEMod outputs. "California Natural Resources Agency, Final Statement of Reasons for Regulatory Action, pp. 11-13, 14, 16, December 2009, https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/Final_Statement_of_Reasons.pdf, accessed July 13, 2023. " State of California Governor's Office of Planning and Research, Transmittal of the Governor's Office of Planning and Research's Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009, https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/COl.pdf, accessed July 13, 2023. 18 14 CCR Section 15064(h)(3). Dec I y ouncil 26 — 89 1/16/20'2 e 29 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 3 Estimated Greenhouse Gas Emissions Source CO2 CH4 N20 Refrigerants COze Metric Tons/year' Direct Emissions Construction amortized over 30 ears 2.57 <0.01 <0.01 <0.01 2.58 Area Source 0.14 <0.01 <0.01 <0.01 0.14 Mobile Source 55.10 <0.01 <0.01 0.01 56.00 Refrigerants 0.00 0.00 0.00 <0.01 <0.01 Total Direct Emissions2 57.81 <0.01 <0.01 <0.01 58.72 Indirect Emissions Energy 39.50 <0.01 <0.01 0.00 39.70 Solid Waste 0.58 0.06 0.00 0.00 2.03 Water Demand 2.48 0.04 <0.01 0.00 3.78 Total Indirect Emissions2 42.56 0.10 <0.01 0.00 45.51 Total Project -Related Emissionsz 104.23 GPU EIR GHG Significance Threshol'dsl 3,000 MTCO2e Exceeds Thresholds? No Notes: 1. Emissions calculated using California Emissions Estimator Model Version 2022.1 (CaIEEMod) computer model and are based on 7,000 square feet building area as a conservative analysis. 2. Totals may be slightly off due to rounding. Refer to Attachment A, for detailed model in utlout ut data. Direct Project -Related Sources of Greenhouse Gases Construction Emissions. Construction GHG emissions are typically summed and amortized over the lifetime of the project (assumed to be 30 years), then added to the operational emissions.19 The project would comply with RR GHG-1 which restricts non -essential idling of construction equipment and RR GHG-7 which ensures recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during construction. As shown in Table 3, the proposed project would result in 2.58 MTCO2e per year construction emissions when amortized over 30 years (or a total of 77.3 MTCO2e in 30 years). Area Source. Area source emissions were calculated using CaIEEMod and project -specific land use data. Project -related area sources include natural gas consumption for space heating and exhaust emissions from landscape maintenance equipment, such as lawnmowers, shedders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the site. The project would directly result in 0.14 MTCO2e per year from area source emissions; refer to Table 3. Mobile Source. CaIEEMod relies upon trip generation rates from the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023. The proposed project would generate 84 average daily trips without taking trip reduction from the existing uses on -site as they are currently vacant. The project would result in 19 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Draft Guidance Document - Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008). Dec I y ouncil 26 - 90 1/16/202 e 30 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 approximately 56.00 MTCO2e per year of mobile source generated GHG emissions; refer to Table 3. Refrigerants. Refrigerants are substances used in equipment for air conditioning and refrigeration. Most of the refrigerants used today are HFCs or blends thereof, which can have high GWP values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a GWP that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate. The proposed project would result in less than 0.01 MTCO2e per year of GHG emissions from refrigerants; refer to Table 3. Indirect Project -Related Sources of Greenhouse Gases Energy Consumption. Energy consumption emissions were calculated using CalEEMod and project -specific land use data. Southern California Edison (SCE) would provide electricity to the project site. Compliance with RR GHG-1 would ensure project's consistency with 2022 Title 24 standards. The project would also exceed 2022 Title 24 standards, which has been not incorporated in CalEEMod as a conservative analysis. The project would indirectly result in 39.70 MTCO2e per year due to energy consumption; refer to Table 3. Solid Waste. Solid waste associated with operations of the proposed project would result in 2.03 MTCO2e per year; refer to Table 3. Water Demand. The project would comply with RR GHG-3 which ensures adherence to current CALGreen standards that requires increased water efficiency and reduce urban per capita water demand. The project operations would result in a demand of approximately 6.57 million gallons of water per year. Emissions from indirect energy impacts due to water supply would result in 3.78 MTCO2e per year; refer to Table 3. Total Project -Related Sources of Greenhouse Gases As shown in Table 3, the total amount of project -related GHG emissions from direct and indirect sources combined would total 104.23 MTCO2e per year. As such, the project would not exceed the 3,000 MTCO2e bright -line screening threshold and no new impacts would occur. CONSISTENCY WITH APPLICABLE GHG PLANS, POLICIES, OR REGULATIONS The GHG plan consistency analysis for the project is based on the project's consistency with the CARB 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan), and the City's General Plan Update. The 2022 Scoping Plan describes the approach the State will take to achieve carbon neutrality by 2045. The General Plan Update contains goals, policies, and measures that would reduce GHG emissions within the City. Consistency with the 2022 CARB Scoping Plan The 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each Assembly Bill (AB) 32 inventory sector. Provided in Table 4, Consistency with the 2022 Scoping Plan: AB 32 GHG Inventory Sectors, is an evaluation of applicable reduction actions/strategies by emissions source category to determine how the project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan. Dec i y ouncil 26 — 91 1/16/20'2 e 31 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 4 Consistency with the 2022 Scoping Plan: AB 32 GHG Inventory Sectors Actions and Strategies Project Consistency Analysis Smart Growth I Vehicles Miles Traveled VMT Reduce VMT per capita to 25% below Consistent. The project would require installation of bicycle parking in 2019 levels by 2030, and 30% below accordance with the 2022 Title 24 standards and CALGreen Code, which would 2019 levels by 2045 promote alternative mode of transportation to reduce VMT. Additionally, the project would be located near an existing Orange County Transportation Authority transit stop. As such, the project would be consistent with this action. New Residential and Commercial Buildin s All electric appliances beginning 2026 Consistent. The project is expected to consist of natural gas heating and/or (residential) and 2029 (commercial), cooking on -site. The City has not adopted an ordinance or program limiting the contributing to 6 million heat pumps use of natural gas for on -site cooking and/or heating. However, if adopted, the installed statewide by 2030 project would comply with the applicable goals or policies limiting the use of natural gas equipment in the future. Furthermore, the project would install high efficiency lighting and appliances. As such, the project would be consistent with this action. Construction Equipment Achieve 25% of energy demand Consistent. The City has not adopted an ordinance or program requiring electrified by 2030 and 75% electrified by electricity -powered construction equipment. However, if adopted, the project 2045 would be required to comply with the applicable goals or policies requiring the use of electric construction equipment in the future. As such, the project would be consistent with this action. Non -combustion Methane Emissions Divert 75% of organic waste from landfills Consistent. Senate Bill (SB) 1383 establishes targets to achieve a 50 percent by 2025 reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the project would be consistent with this action. Source: California Air Resources Board, 2022 Scoping Plan, November 16, 2022. Consistency with the General Plan Update As previously stated, the project proposes to remodel and reoccupy an existing building to use as an office building. As an infill redevelopment project, the proposed project would require and produce less water, waste, and air quality pollutants compared to a new development. Furthermore, the project would be compliant with General Plan Update Policy 4.1, Policy 4.2, Policy 4.3, Policy 4.4, and Policy 4.5 which incorporate energy-, water- and waste -efficiency building features as per Title 24 standards. The project would also be consistent with General Plan Update Policy 3.11, Policy 1.6, Policy 1.8, and Policy 1.12 by providing bicycle parking spaces on -site and due to the close proximity to the nearby transit station, which would promote alternative modes of transportation. As such, by complying with the City's CAP and Title 24 standards, the project would also be consistent with the applicable GHG goals and policies in the General Plan Update. Consistency Conclusion In summary, the project's characteristics render it consistent with Statewide, regional, and local climate change mandates, plans, policies, and recommendations. More specifically, the GHG plan consistency analysis provided above demonstrates that the project complies with the regulations and GHG reduction goals, policies, actions, and strategies outlined in the 2022 Scoping Plan, and Dec i y ouncil 26 — 92 1/16/20'2 e 32 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 General Plan Update. Consistency with these plans would reduce the impact of the project's incremental contribution of GHG emissions. Accordingly, the project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. Impacts in this regard would be less than significant. 4.8.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR GHG- 1, GHG-2, GHG-3, and GHG -7, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe GHG impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR GHG-1 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building and Energy Efficiency Standards were effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2499, which restricts nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7 California's Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most "new construction" projects (CALGreen §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). 4.9 Hazards and Hazardous Materials 4.9.1 GPU EIR Findings The GPU EIR concluded that buildout of the proposed General Plan Update would include construction activities and operations that would transport, use, or dispose of hazardous materials in proximity to environmental justice (EJ) communities (i.e., disadvantaged communities). Such activity could create a significant hazard to the public or the environment given the proximity of hazardous materials sites which are considered open cases, existing lead -contaminated soils, existing buildings containing asbestos -containing materials (ACM) and/or lead -based paint (LBP), and existing and planned industrial uses throughout the City. Further, there are parts of the City that are within the vicinity of the John Wayne Airport Compatibility Land Use Plan. However, the existing federal, State, and regional regulatory framework regarding hazardous materials is substantial and would apply to all future construction and operation of uses within the City. Further, the GPU EIR included regulatory requirements that are specific to existing hazards and Dec i y ouncil 26 — 93 1/16/202 e 33 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 hazardous materials conditions in the City. Compliance with all applicable regulations would be required of future development in the City and would reduce the proposed General Plan Update's impacts related to hazards or hazardous materials to a less than significant level. According to GPU EIR Figure 2-1, EJ Communities, Neighborhoods, and Focus Areas, the project site is located within an EJ community. However, the proposed project would neither develop any new industrial uses, nor be located on or adjacent to a site listed under Table 5.8-5, Existing Hazardous Materials Sites, of the GPU EIR. Construction activities would use limited amounts of hazardous materials in the form of paints, solvents, glues, roofing materials, and other common construction materials for the proposed building remodel and outdoor play area. Construction activities may include the use of machinery and other equipment that require fueling or maintenance/servicing. These types of materials are not acutely hazardous, and all storage, handling, use, transport, and disposal of these would be required to conform to existing laws and regulations of the California Department of Toxic Substances Control (DTSC), United States Environmental Protection Agency (U.S. EPA), Occupational Safety & Health Administration (OSHA), and Orange County Health Care Agency (OCHCA) Environmental Health Division, which would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Additionally, the storage, handling, use, transport, and disposal of these hazardous materials would cease once construction is complete. Project compliance with RR HAZ-1 would ensure hazardous materials and hazardous wastes are transported in compliance with any applicable State and federal requirements; RR HAZ-2 would ensure hazardous waste generation, transportation, treatment, storage, and disposal would be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263); RR HAZ-4 would ensure demolition activities that could expose works or the public to ACMs or LBPs would be conducted in accordance with any applicable State and federal requirements, and RR HAZ-5 would ensure removal of hazardous materials be conducted as outlined in 29 CFR 1910.120 and 8 CCR 5192. Therefore, with adherence to existing regulations, impacts related to the routine transport, use, or disposal of hazardous materials and accidental release of hazardous materials would be less than significant. 4.9.2 Project Analysis Vista Heritage Global Academy is adjacent to the south of the project site. As stated above, the proposed project would comply with existing regulations to minimize the risks associated with the exposure of sensitive receptors, including the existing school, to hazardous materials to a less than significant level. The types of uses that would emit or release hazardous or acutely hazardous materials into the environment are typically industrial manufacturing facilities, which is not proposed within the project site. The project would renovate an unused, vacant automobile repair building with a school district office and provide outdoor areas for existing students at the Vista Heritage Global Academy. Although the project site is located within 0.25-mile of an existing school, hazardous materials are not typically associated with the proposed institutional (i.e., district office) or recreational (i.e., play yard and play field) uses. Anticipated hazardous materials use during project operations may include minor cleaning products and the occasional use of pesticides and herbicides for landscape maintenance. Further, while the site is located adjacent to an existing railroad alignment, it is currently under construction for future electric street cars. Compliance with applicable laws and regulations regarding the handling and transport of hazardous materials, including RR HAZ-1, HAZ-2, HAZ-4, and HAZ-5 would ensure impacts would be less than significant. The project site is not listed in the State Water Resources Control Board (SWRCB) GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and Dec i y ouncil 26 — 94 1/16/202 e 34 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 cleanups sites; or the DTSC EnviroStor Data Management System which includes Cortese sites; or the U.S. EPA's database of regulated facilities.20 As such, impacts related to hazardous materials sites would be less than significant. The John Wayne Airport is adjacent to the City's southeast boundary. The project site is approximately five miles northwest of the John Wayne Airport. The John Wayne Airport Compatibility Land Use Plan regulates land use development within the vicinity of the airport. According to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, and Figure 5.8-6, Height Restrictions per Federal Air Regulations Part 77, of the GPU EIR, the project site is located outside of the John Wayne Airport's safety compatibility zone and height restriction areas. As such, the proposed project would not result in a safety hazard or excessive noise for people residing and working in the project area. Impacts would be less than significant. Construction equipment and materials staging would occur within the project site. During construction, vehicular access would be provided via existing access points along North Fairview Street and West 5th Street. Operation of the proposed project would not result in population growth or changes to the existing circulation system. All driveways would be 20 feet in width; the modified student drop-off and pick-up area would have a 20-foot turn radius and 72-foot-wide turnaround, providing a more immediate point of access to the proposed development from West 5th Street and adequate space for emergency vehicle access. As such, the proposed project would not interfere with operations of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies; thus, impacts to emergency response planning would be less than significant. The City of Santa Ana is not in a designated fire hazard zone. As such, no impact related to the risk of wildland fires would occur. 4.9.3 Conclusion Overall, the project is consistent with buildout of the General Plan Update. With implementation of RR HAZ-1, HAZ-2, HAZ-4, and HAZ-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to hazards and hazardous materials than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and 20 California Environmental Protection Agency, Cortese Listing, https://calepa.ca.gov/sitecleanup/corteselist/, accessed July 6, 2023. Dec I y ouncil 26 — 95 1/16/202 e 35 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos -containing materials or lead -based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District's Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]). RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury -containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury - containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. 4.10 Hydrology and Water Quality 4.10.1 GPU EIR Findings The GPU EIR concluded that compliance with local, State, and federal regulations and the policies of the proposed General Plan Update would reduce buildout impacts related to groundwater, drainage, hydrology, and water quality. Individual projects would be required to incorporate project -specific source control and treatment Best Management Practices (BMPs), incorporate low impact design (LID)/site design, and comply with applicable regulatory requirements to ensure compliance with regulations governing water quality (e.g., the City's Local Implementation Plan [LIP], Orange County Drainage Area Management Plan and National Pollutant Discharge Elimination System [NPDES] Municipal Separate Storm Sewer System [MS4] Permit from the Santa Ana Regional Water Quality Control Board (RR HYD-4), and the City's Model Water Quality Management Plan [WQMP]). 4.10.2 Project Analysis Construction activities have the potential to degrade water quality through the exposure of surface runoff to exposed soils, dust, and other debris at the project site as well as increase erosion and/or siltation. As the project would develop a 0.9-acre site, the project would not be required to obtain coverage under the NPDES Construction General Permit (CGP). However, project compliance Dec i y ouncil 26 — 96 1/16/202 e 36 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 with RR HYD-5 would ensure adherence to Municipal Code Chapter 18 Article IV regarding prohibitions on illicit connections and discharges, urban runoff control measures, and permit requirements. As a result, water quality impacts associated with construction activities would be less than significant. As the project would introduce new uses (i.e., office and outdoor areas) to the project site, development of a WQMP consistent with the prevailing terms and conditions of the City's LIP, Orange County Drainage Area Management Plan and NPDES MS4 Permit from the Santa Ana Regional Water Quality Control Board, i.e., RR HYD-4, and the City's Model WQMP would be required. The WQMP would include LID/site design and project -specific BMPs to ensure water quality standards or waste discharge requirements are not violated, and to prevent substantial erosion or siltation on- or offsite. Further, existing drainage facilities within the public right-of-way (i.e., West 5th Street and North Fairview Street) would be maintained. Therefore, with compliance to existing regulations to control construction stormwater runoff during operation, impacts related to water quality standards, waste discharge requirements, and storm water drainage would be less than significant, consistent with the General Plan Update. Given the proposed uses, the project would not result in substantial population growth within Santa Ana. According to the GPU EIR, projected water demand from the proposed General Plan Update at buildout, including development of the proposed project, is well within the projected total water demand for 2040 in the City of Santa Ana 2015 Urban Water Management Plan for normal, dry year, and multiple dry year scenarios. Additionally, because the project site was formerly occupied by automotive repair businesses and associated parking area, development of the proposed project would not interfere with groundwater recharge. Therefore, consistent with the General Plan Update, the proposed project would result in less than significant impacts related to groundwater. The GPU EIR determined that sites within the West Santa Ana Boulevard Focus Area that would be updated from single-family to multi -family residential use would become areas with increased impervious surfaces, and as a consequence, areas of increased stormwater runoff peak flows compared to pre -project conditions. The proposed project would renovate an existing building, formerly occupied by automobile repair businesses, into an office building; no change in density is proposed and the building footprint would not change from existing conditions. Additionally, the project proposes new landscaped areas, including a community garden, play field, and play yard, where paved surface parking currently exists. As such, the project would reduce the amount of impervious areas on the project site compared to existing conditions. According to Figure 5.9-4, City of Santa Ana Flood Zones, of the GPU EIR, the project site is not within a 100-year flood hazard area as designated by the Federal Emergency Management Agency (FEMA). According to Figure 5.9-5, Dam Inundation Areas, of the GPU EIR, the project site is within both the Santiago Creek Dam and Prado Dam inundation areas. However, the Santiago Creek Dam has been assessed by the California Division of Safety of Dams (DSOD) to have no existing or potential dam safety deficiencies and the U.S. Army Corps of Engineers' Dam Safety Program is actively implementing risk -reduction measures to remediate the Prado Dam, including routine inspections and ongoing monitoring, spillway modifications to improve downstream flow, and public outreach, to ensure potential inundation hazards are minimized or eliminated.21 The GPU EIR determined that seiche occurrence is lower within inundation zones, 21 U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace.army. mil/Media/News-Releases/Article/1849301 /corps-reclassifies-prado-dam-implements- risk-reduction-measures/, May 15, 2019. Dec I y ouncil 26 — 97 1/16/202 e 37 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 and that the City is too far inland to be at risk of a tsunamis. As such, implementation of the proposed project would result in less than significant impacts in this regard. 4.10.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RRs HYD- 4 and HYD-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to hydrology and water quality than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010 0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site -specific runoff controls and treatments for new development and redevelopment. RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. 4.11 Land Use and Planning 4.11.1 GPU EIR Findings The GPU EIR concluded that the General Plan Update's policies would encourage the preservation or enhancement of the existing residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of the City. A primary goal of the General Plan Update is to preserve and improve the character and integrity of existing neighborhoods and districts; specific policies would reduce the conflict between contrasting land uses and enhance neighborhoods by responsibly integrating new development into existing communities. None of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the City, including the Airport Environs Land Use Plan for the John Wayne Airport, the Orange County Transportation Authority (OCTA) Congestion Management Plan, and the Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As individual projects are considered by the City, each would be subject to a variety of federal, State, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. As such, impacts associated with the General Plan Update with regards to land use and planning would be less than significant. Dec i y ouncil 26 — 98 1/16/20'2 e 38 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.11.2 Project Analysis The proposed project would remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. The project would also redevelop the shared surface parking lot into an outdoor area consisting of a community garden, a play field, and a play yard for administrative staff and existing students associated with the adjacent school; the outdoor areas would not be open to the public. Ancillary improvements include landscaping fencing along the perimeters of the proposed outdoor areas, and expansion of the existing parking lot. Similar to existing conditions, the site would remain accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. The student drop-off and pick-up area and internal site circulation would be slightly modified to accommodate the outdoor learning garden space and the outdoor play areas. The project site is not within a residential community; it is surrounded by industrial uses, with nearby residential uses separated by an existing railroad alignment. As such, development of the proposed project would not divide any established surrounding residential community. The project is subject to the policies and/or regulations of the General Plan Update and Municipal Code at the local level. As previously stated, the project site has a land use designation of Industrial/Flex-Low (FLEX-1.5) and is within the Light Industrial (Ml) and Specific Development No. 82 (SD-82) zones. The FLEX-1.5 designation allows for various office uses, a maximum FAR of 1.5 and a maximum building height of three stories. The proposed project would renovate an existing 5,837-square foot building as an office building for Vista Charter Public Schools. The building is located on a 0.9-acre (39,204 square -foot) site, thus providing an FAR of 0.15. The existing building height would remain the same at 19 feet and four inches. As such, the project would meet the design standards of the FLEX-1.5 designation. Further, as detailed in Table 5, General Plan Update Land Use Element Project Consistency Analysis, the proposed project would be consistent with the applicable General Plan Update Land Use Element goals and policies. Table 5 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Goal LU-1: Provide a land use plan that improves quality of life and respects our existing community. Policy LU-1.1: Foster compatibility between land uses to Consistent. Industrial, commercial, institutional, and residential uses enhance livability and promote healthy lifestyles. surround the project site, including Vista Heritage Global Academy and Templo Calvario Church, which both share parking with the project site, and office uses to the south and the Romero -Cruz Academy to the west. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for use as Vista Charter Public Schools district office. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of a community garden, a play field, and a play yard. Outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Overall, the redevelopment of the project site would be compatible with the adjoining institutional uses. Dec i y ouncil 26 — 99 1/16/20'2 e 39 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 5 [cont'd] General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Policy LU-1.3: Promote the creation of new open space Consistent. According to the GPU EIR, the project site is located and community -serving amenities in park -deficient within an EJ community. The project would redevelop the shared areas that keeps pace with the increase in multi -unit surface parking lot in the southern portion of the site into an outdoor housing development, with priority given to those that area consisting of an approximately 2,297-square-foot community are also within environmental justice area boundaries. garden, an approximately 7,372-square-foot play field, and an approximately 4,640-square-foot play yard. The outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Policy LU-1.8: Ensure that new development projects Consistent. Refer to responses to Policies LU-1.1 and LU-1.3 above. provide a net community benefit. The project would renovate a currently vacant building into a school district office and redevelop a surface parking lot into community and student -serving open space areas. Policy LU-1.9: Evaluate individual new development Consistent. The proposed project would remodel and reoccupy an proposals to determine if the proposals are consistent existing building for use as school district office and include outdoor with the General Plan and to ensure that they do not recreation areas and parking. The intent of the evaluation throughout compound existing public facility and service this document is to minimize adverse physical effects on the deficiencies. environment due to project implementation, including potential inconsistencies with the General Plan and/or increased demand on public services and facilities. Potential adverse effects on the environment related to the development of the proposed project have been evaluated in this document, and specifically throughout this table and in Section 4.15, Public Services. Goal LU-2: Provide a balance of land uses that meet Santa Ana's diverse needs. Policy LU-2.3: Provide a diversity of land uses that Consistent. The project would redevelop an existing surface parking support residents, visitors, and businesses, such as lot into a community garden. Additionally, the project would construct open space, areas for community gatherings, and a play field and play yard for students at Vista Heritage Global outdoor entertainment venues. Academy to use for open sace/recreational activities. Policy LU-2.6: Promote rehabilitation of properties and Consistent. Under existing conditions, the project site is developed encourage increased levels of capital investment to with a former automobile repair business and shares surface parking create a safe and attractive environment. with a neighboring school and church. The project proposes to redevelop the site and renovate the existing building into the Vista Charter Public Schools district office, inclusive of a community garden, play field, play yard, additional parking, and landscaping. Policy LU-2.9: Establish and maintain public open space Consistent. Refer to response to Policies LU-1.3, LU-1.8, and LU- and recreation requirements for new residential and 2.3 above. nonresidential uses to provide sufficient open space and recreational opportunities for Santa Ana residents and visitors. Goal LU-3: Preserve and improve the character and i tegrity of existing neighborhoods and districts. Policy LU-3.1: Support new development which Consistent. Refer to response to Policy LU-1.8 above. provides a net community benefit and contributes to neighborhood character and identity. Policy LU-3.4: Ensure that the scale and massing of Consistent. The project would redevelop an existing building; the new development is compatible and harmonious with project footprint and building height would be similar to existing the surrounding built environment. conditions and would comply with the design standards of the FLEX- 1.5 land use designation. Thus, the project would be compatible with other existing buildings in the Fairview Business Park. Dec i y ounci1 26 — 100 1/16/202 e4o Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 5 [cont'd] General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Goal LU-4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.3: Encourage land uses and strategies that Consistent. As an infill redevelopment project, the proposed district reduce energy and water consumption, waste and noise office and outdoor areas would require/produce less water, waste, generation, soil contamination, air quality impacts, and soil contamination, and air quality pollutants compared to a new light pollution. development. Policy LU-4.8: Collaborate with property owners, Consistent. The project would redevelop the shared surface parking community organizations, and other local stakeholders lot in the southern portion of the site into an outdoor area consisting to identify opportunities for additional open space and of an approximately 2,297-square-foot community garden, an community services, such as community gardens and approximately 7,372-square-foot play field, and an approximately gathering places. 4,640-square-foot play yard. The outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Policy LU-4.9: Encourage public, private and Consistent. Refer to responses to Policies LU-1.3, LU-1.8, and LU- commercial recreational facilities in areas that are park 2.3 above. and open space deficient. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, April 2022. Per RR LU-1, the project must comply with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Permitted uses in the SD-82 zone are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial), and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. To allow the use of the former automotive repair building for the proposed office use, a Zone Change would be required to modify the existing M1 zone to SD-82 to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD-82 zoning district to allow outdoor play areas. Under current SD-82 provisions, play areas for children are limited to indoors only. Upon approval of the above entitlements, the proposed project would be consistent with the requirements of the General Plan Update and project site's zoning, and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. 4.11.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR LU- 1 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to land use and planning than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and Dec i y ouncil 26 — 101 1/16/202 e41 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 development standards that are applicable within these subareas in addition to those in the underlying zoning district. 4.12 Mineral Resources 4.12.1 GPU EIR Findings According to the GPU EIR, the City does not have mineral resource sectors or active or inactive mines. Thus, implementation of the General Plan Update would not cause a loss of availability of known mineral resources. The City is mostly mapped as Mineral Resource Zone (MRZ) 3, which is an area where the significance of mineral deposits cannot be determined from available data. The area in the southeast portion of the City is mapped as MRZ-1, which means an area where no significant mineral resources are present or there is little likelihood that significant mineral resources are present. A small area in the northeast corner of the City is mapped as MRZ-2, which means significant mineral resources are known or very likely. However, the GPU EIR determined that no loss of availability of a known mineral resource would occur, and impacts would be less than significant. 4.12.2 Project Analysis According to Figure 5.11-1, Mineral Resource Zones, of the GPU EIR, which was adapted from the California Division of Mines and Geology map of mineral resource zones around the City, the project site, like most of Santa Ana, is mapped as MRZ-3. Therefore, implementation of the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State and would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan, or other land use plan. Therefore, consistent with the General Plan Update, no impact to mineral resources would occur. 4.12.3 Conclusion As such, the project is consistent with buildout of the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to mineral resources than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.13 Noise 4.13.1 GPU EIR Findings The GPU EIR concluded that implementation of the General Plan Update would result in significant temporary and permanent increases of noise levels throughout the City. Future development in accordance with the General Plan Update would generate both short-term and long-term noise level increases that may impact sensitive receptors. Implementation of the General Plan Update would include regulations designed to protect new sensitive land uses from excessive noise levels. Dec i y ouncil 26 — 102 1/16/20'2 e42 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 The GPU EIR described that Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects potentially occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. The GPU EIR determined that buildout of the General Plan Update would cause substantial traffic noise to increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. While Mitigation Measure N-2 would reduce potential interior noise impacts to future noise sensitive receptors below thresholds, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing residences along affected roadways. Thus, the GPU EIR determined that traffic noise would remain a significant and unavoidable impact. The GPU EIR discussed that construction activity would generate varying degrees of ground vibration, depending on the construction procedures and equipment, that has the potential to exceed the Federal Transit Administration (FTA) criteria for architectural damage (e.g., 0.12 inches per second peak particle velocity (PPV) for fragile or historical resources, 0.2 inches/second PPV for non -engineered timber and masonry buildings, and 0.3 inches/second PPV for engineered concrete and masonry). The GPU EIR determined that implementation of Mitigation Measure N-2 and adherence to associated performance standards, would reduce impacts to less than significant levels. 4.13.2 Project Analysis The following section evaluates potential short- and long-term noise and ground -borne vibration impacts that would result from the proposed project. THRESHOLDS OF SIGNIFICANCE Exterior Noise Standards Chapter 18, Article VI, Noise Control, of the Municipal Code provides criteria for ambient noise measurements as well as noise standards for residential, school, hospital, and church use. When non -transportation (stationary) noise is the noise source of concern, the City applies performance standards from Municipal Code Section 18.312, Exterior Noise Standards, to ensure that noise producers do not adversely affect noise -sensitive land uses. Table 6, Exterior Noise Standards, summarizes the City's exterior noise standards. Table 6 Exterior Noise Standards Time Period Noise Levels dBA L50 L25 Ls L2 Lmax 7:00 a.m. -10:00 p.m. 55 60 65 70 75 10:00 p.m. - 7:00 a.m. 50 55 60 65 70 Note: A 5 dBA penalty shall be applied in the event of an alleged offensive noise such as impact noise, simple tones, speech, music, or an combination of thereof. If the measured ambient level exceeds any of the first four noise limit categories, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. Source: City of Santa Ana, Santa Ana Municipal Code, Section 18.312, Exterior Noise Standards. Dec i y ouncil 26 — 103 1/16/20'2 e43 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Construction Noise Standards The City's noise ordinance exempts noise from construction activities that occur during the daytime. No construction is permitted outside of the hours identified in Municipal Code Section 18-314(e). Specifically, construction activities are restricted to the daytime hours of 7:00 am to 8:00 pm, Monday through Saturday. No construction activities are permitted on Sundays or federal holidays. Additionally, the Federal Transit Administration (FTA) established construction noise threshold of 80 dBA Leq for long-term construction projects, which is conservatively used to analyze the project's construction noise impact. Existing Conditions The project vicinity is characterized by mostly residential and commercial land uses, with urban - related activities (i.e., auto repair mechanical equipment and parking areas) being the primary sources of stationary noise. Most of the existing noise in the project area is generated from traffic along surrounding roadways including North Fairview Street and West 5th Street. Noise Measurements In order to quantify existing ambient noise levels in the vicinity of the project site, Michael Baker International (Michael Baker) conducted three noise measurements on June 28, 2023; refer to Attachment B, Noise Data. The noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the project site. The three ten-minute measurements were taken between 11:00 a.m. and 12:00 p.m. Short-term (Leq) measurements are considered representative of the noise levels throughout the day and relate closely with the noise standards for the project area; refer to Table 7, Noise Measurements. Table 7 Noise Measurements Site No. Location Leq (dBA) Lmin (dBA) Lmax (dBA) Time 1 Northeast of Romero -Cruz Academy building 72.4 87.7 49.9 11:08 a.m. 2 Vista Heritage Global Academy 66.2 80.7 46.5 11:26 a.m. 3 1 Cul-de-sac of West 7th Street 1 51.1 1 79.6 1 41.1 1 11:45 a.m. Notes: dBA = A -weighted decibels, Leq = Equivalent Sound Level; Lmin = Minimum Sound Level; Lmax = Maximum Sound Level, Peak = Highest Instantaneous Sound Level Source: Michael Baker International, May 18, 2023. Meteorological conditions were partly cloudy skies, warm temperatures, with light wind speeds (6 miles per hour), and low humidity. Noise monitoring equipment used for the ambient noise survey consisted of a Bruel & Kjaer Hand-held Analyzer Type 2250 equipped with a Type 4189 pre - polarized microphone. The monitoring equipment complies with applicable requirements of the American National Standards Institute (ANSI) for sound level meters. Noise Sensitive Receptors Noise -sensitive land uses are generally considered to include those uses where noise exposure could result in health -related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as parks, historic sites, cemeteries, and recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and Dec i y ouncil 26 — 104 1/16/20'2 e44 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 other places where low interior noise levels are essential are also considered noise -sensitive land uses. The closest sensitive receptors to the project site are residential uses located approximately 100 feet to the north of the project site and the existing Romero -Cruz Academy School is located approximately 100 feet to the west. PROJECT -GENERATED NOISE IMPACTS It is difficult to specify noise levels that are generally acceptable to everyone; noise that is considered a nuisance to one person may be unnoticed by another. Standards may be based on documented complaints in response to documented noise levels or based on studies of the ability of people to sleep, talk, or work under various noise conditions. Short-term Construction Impacts The project involves remodeling activities associated with paving, building construction, and architectural coating applications and would be completed in approximately eight months. Typical noise levels generated by construction equipment are shown in Table 8, Maximum Noise Levels Generated by Typical Construction Equipment. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Construction noise levels in the project vicinity would fluctuate depending on the particular type, number, and duration of usage for the varying equipment. The effects of construction noise largely depend on the type of construction activities occurring on any given day, noise levels generated by those activities, distances to noise -sensitive receptors, and the existing ambient noise environment in the receptor's vicinity. Construction generally occurs in several discrete phases, with each phase requiring different equipment with varying noise characteristics. These phases alter the characteristics of the noise environment generated on the proposed project site and in the surrounding community for the duration of the construction process. Table 8 Maximum Noise Levels Generated by Typical Construction Equipment Type of Equipment Acoustical Use Factor' Lmax at 50 Feet (dBA) Lmax at 100 Feet dBA Compressor 40 78 72 Crane 40 82 75 Concrete Mixer Truck 40 76 73 Forklift 40 85 72 Paver 50 77 71 Roller 20 80 74 Tractor 40 84 78 Water Truck 40 80 1 1 74 Note: 1. Acoustical Use Factor (percent): Estimates the fraction of time each piece of construction equipment is operating at full power (i.e., its loudest condition) during a construction operation. Source: Federal Highway Administration, Roadway Construction Noise Model FHWA-HEP-05-054 , January 2006. Noise levels depicted in Table 8 represent maximum sound levels (Lmax), which are the highest individual sound occurring at an individual time period. The closest sensitive receptors to the Dec i y ouncil 26 — 105 1/16/202 e 45 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 project site are single-family residences and the Romero -Cruz Academy School located approximately 100 feet to the north and west of the project site, respectively. As shown in Table 8, construction noise levels could range between 71 dBA and 78 dBA at 100 feet. Although sensitive receptors may be exposed to increased noise levels during project construction, construction noise levels would not exceed the FTA threshold of 80 dBA. In addition, construction activities are exempt from the City's thresholds as it is a normal part in the urban life. Furthermore, compliance with RR NOI-2 would ensure that the project construction activities would comply with the City's Noise Ordinance detailed in Municipal Code Section 18-314(e) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. As such, project construction noise would be exempt from the City's noise standards and compliance with hours of construction activities would reduce impacts to less than significant in this regard. Long-term Operational Impacts Mobile Noise Implementation of the project would result in vehicle use on adjacent roadways, thereby increasing vehicular noise in the site vicinity. As determined by the California Department of Transportation (Caltrans) in the Technical Noise Supplement to the Traffic Noise Analysis Protocol (September 2013), a doubling in roadway traffic volumes is required to generate any noticeable increase in roadway noise levels.22 According to the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023, the proposed project would generate 84 average daily trips without taking trip reductions from the existing uses as they are currently vacant. The nearest major roadway segment to the project vicinity is Fairview Street which currently experiences approximately 40,000 average daily trips.23 As such, the project's minimal trip generation (approximately 84 average daily trips) would not double existing traffic volumes along nearby roadways and an increase in traffic noise along local roadways would be imperceptible. Project -related traffic noise impacts would be less than significant. Stationary Noise Impacts Stationary noise sources associated with the proposed project would include mechanical equipment, parking activities, and outdoor play field areas. These noise sources are typically intermittent and short in duration. Noise has a decay rate due to distance attenuation, which is calculated based on the Inverse Square Law. Based upon the Inverse Square Law, sound levels decrease by 6 dBA for each doubling of distance from the source.24 All stationary noise activities would be required to comply with RR NOI-3 in accordance with the City's noise standards. Mechanical Equipment Heating Ventilation and Air Conditioning (HVAC) units typically generate noise levels of approximately 66 dBA Leq at three feet from the source.25 HVAC units are expected to be located 22 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. 21 City of Santa Ana, City of Santa Ana General Plan Circulation Element, https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/04/Circulation-Element.pdf, accessed on July 28, 2023. 21 Cyril M. Harris, Noise Control in Buildings, 1994. 25 Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. Dec I y ouncil 26 — 106 1/16/20'2 e46 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 on the center of the rooftop and the closest sensitive receptor to the HVAC units is the existing Vista Charter Global Academy located at approximately 130 feet to the south. At the distance of 130 feet, HVAC noise levels would attenuate to approximately 33 dBA. Therefore, HVAC noise levels would be below the City's exterior daytime standards of 55 dBA and nighttime standards of 45 dBA in accordance with RR NOI-3 and would be lower than existing ambient noise levels of 66.2 dBA near the nearest sensitive receptor (Vista Charter Global Academy); refer to Table 7. Furthermore, HVAC equipment are already present on the rooftop of the existing building and the project would not introduce additional HVAC equipment. Therefore, the nearest sensitive receptors would not be directly exposed to substantial noise from on -site HVAC equipment and impacts would be less than significant. Parking Areas Traffic associated with parking activities is typically not of sufficient volume to exceed community noise standards, which are based on a time -averaged scale such as the CNEL scale. However, the instantaneous maximum sound levels generated by a car door slamming, engine starting up and car pass -by may be an annoyance to adjacent noise -sensitive receptors. Estimates of the maximum noise levels associated with some parking lot activities are presented in Table 9, Typical Noise Levels Generated by Parking Lots. Table 9 Typical Noise Levels Generated by Parking Lots Noise Source Maximum Noise Levels at 50 Feet from Source Car door slamming 61 dBA Uq Car starting 60 dBA Uq Car idling 53 dBA Uq Source: Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. The project would provide 63 parking spaces on -site. As shown in Table 9, parking activities can result in noise levels up to 61 dBA at a distance of 50 feet. The proposed project would have intermittent parking activities noise due to the movement of vehicles. The nearest sensitive receptors are the existing single-family residences located approximately 100 feet from the proposed parking spaces on the north of the project site. At this distance, noise levels from parking activities would range from 47 dBA to 55 dBA. As previously noted, parking lot noise are instantaneous noise levels compared to noise standards in the CNEL scale, which are averaged over time. As a result, actual noise levels over time resulting from parking lot activities would be far lower than what is identified above. Further, parking activity noise currently exists within the project site and would not represent a new source of noise. Impacts would be less than significant in this regard. Outdoor Play Area The proposed project proposes outdoor play areas along the northern boundary of the existing Vista Charter Global Academy building, in the southern portion of the project site. The play area has the potential to be accessed by groups of children intermittently for gathering, etc. Noise generated by groups of people (i.e., crowds) is dependent on several factors including vocal effort, impulsiveness, and the random orientation of the crowd members. Crowd noise is estimated at 60 dBA at one meter (3.28 feet) away for raised normal speaking.26 This noise level would have a +5 dBA adjustment for the impulsiveness of the noise source, and a -3 dBA adjustment for the 21 M.J. Hayne, et al, Prediction of Crowd Noise, Acoustics, November 2006. Dec i y ouncil 26 — 107 1/16/202 e47 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 random orientation of the crowd members.27 Therefore, crowd noise would be approximately 62 dBA at one meter from the source (i.e., the outdoor gathering areas). The nearest sensitive receptors would be the residential uses to the north of the project site, located approximately 200 feet from the proposed outdoor play areas. Therefore, crowd noise at the nearest sensitive receptor would be 26 dBA, which would not exceed the City's noise standards for residential uses in accordance with RR NOI-3 (i.e., 55 dBA for daytime and 45 dBA for nighttime) and would be lower than existing ambient noise levels of 51.1 dBA near the nearest sensitive receptors (residential uses to the north); refer to Table 7. As a result, noise generated from the outdoor play area would be further reduced. As such, project noise associated with outdoor play area would have a less than significant impact would occur in this regard. PROJECT -GENERATED VIBRATION IMPACTS Project construction activities can generate varying degrees of groundborne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Groundborne vibrations from construction activities rarely reach levels that damage structures. This evaluation uses the FTA architectural damage criterion for continuous vibrations of 0.3 in/sec PPV for engineered concrete and masonry. Typical vibration produced by construction equipment is illustrated in Table 10, Typical Vibration Levels for Construction Equipment. Table 10 Typical Vibration Levels for Construction Equipment Approximate peak particle velocity at Approximate peak particle velocity at Equipment 25 feet(inch/sec) 100 feet inch/sec) Large bulldozer 0.089 0.0111 Loaded trucks 0.076 0.0095 Small bulldozer 0.003 0.0004 Notes: 1. Calculated using the following formula: PPV equip = PPV ref x (25/D)f f where: PPV equip = the peak particle velocity in in/sec of the equipment adjusted for the distance PPV of = the reference vibration level in in/sec from Table 7-4 of the FTA Transit Noise and Vibration Impact Assessment Guidelines D = the distance from the equipment to the receiver Source: California Department of Transportation, Transportation and Construction Vibration Manual, April 2020. The nearest sensitive receptor structure is the existing single-family buildings located approximately 100 feet to the north of anticipated project site. As indicated in Table 10, vibration velocities from typical heavy construction equipment used during project construction would range from 0.0004 to 0.0111 in/sec PPV at 100 feet from the source of activity, which would not exceed the 0.3 in/sec PPV threshold. As such, the impacts would be less than significant. The proposed project use would not generate operational groundborne vibration that could be felt by surrounding uses. Additionally, the proposed project would not involve railroads or substantial 27 Ibid. Dec I y ouncil 26 — 108 1/16/20'2 e48 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 heavy truck operations, and therefore would not result in operational vibration impacts at surrounding uses. No impacts would occur in this regard. EXCESSIVE NOISE NEAR AIRPORTS The nearest airport to the project site is the John Wayne Airport located approximately five miles to the southeast. The project site is not located within two miles of the airport. Additionally, the project site is not located within the vicinity of a private airstrip or related facilities. Therefore, project implementation would not expose people residing or working in the project area to excessive noise levels associated with aircraft. As such, the impacts would be less than significant. NOISE IMPACTS TO ON -SITE SENSITIVE RECEPTORS The project site is located adjacent to an existing railroad alignment. The railroad is currently not operational and is being developed to build a fixed guideway system, OC Streetcar. Due to the proximity of the project site to the railroad alignment, future operations of the railroad have the potential to elevate existing noise levels, particularly during streetcar operations and crossing signal noise along Fairview Street located at approximately 90 feet from the project site. Based on the Santa Ana and Garden Grove Fixed Guideway Project Noise and Vibration Technical Report, prepared by URS Corporation and dated February 2012, noise from the operation of future streetcars have the potential to range from approximately 43 dBA Ldn during crossing activities to 59 dBA Ldn during blowing warning horn at approximately 100 feet. As such, exterior noise levels impacting the project site from the operation of future streetcars would not increase the existing ambient noise levels; refer to Table 7. Furthermore, future noise level impacts from OC Streetcar operations would be within the normally acceptable range of 50 to 70 dBA CNEL.28 As such, noise impacts to on -site sensitive receptors would be less than significant. 4.13.3 Conclusion As such, the project is consistent with buildout of the General Plan Update. Upon implementation of RR N0I-2 and N0I-3, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to noise and vibration than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR N0I-2 Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR N0I-3 Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. 28 State of California Governor's Office of Planning and Research, General Plan Guidelines, Julv 2017. Dec i y ouncil 26 — 109 1/16/20'2 e49 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.14 Population and Housing 4.14.1 GPU EIR Findings The GPU EIR concluded that full buildout of the General Plan Update would result in a population of 431,629 and the City's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Government (COG) 2045 population projections for the City. Furthermore, it is anticipated that General Plan Update buildout would result in 115,053 dwelling units, which exceeds the Orange County COG's housing projections for the City by 38 percent. As such, impacts are considered potentially significant. However, there are no feasible mitigation measures to mitigate the population and housing growth anticipated for the buildout of the General Plan Update. Further, the purpose of the General Plan Update is to provide orderly growth in the City through the distribution, location, balance, and extent of land uses, and the General Plan Update would provide more housing opportunities than currently exist during a time when there is a housing crisis. Still, impacts to population and housing were determined to be significant and unavoidable. 4.14.2 Project Analysis The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. Vista Charter Public Schools operates six public charter schools in Los Angeles and Orange County and serves a total of 1,500 students. The proposed project creates an opportunity to have a district office located next to the organization's largest school, Vista Heritage Global Academy. While the headquarters would provide new office and conference space for employees of Vista Charter Public Schools, it is not anticipated that the project would generate new employment opportunities within the existing organization. Additionally, proposed outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As a result, the proposed project would not directly or indirectly result in substantial unplanned population growth in the area or displace substantial numbers of existing people or housing. Further, as discussed in Section 4.11, Land Use and Planning, the project would meet the design standards of the FLEX-1.5 designation and would be consistent with the applicable General Plan Update Land Use Element goals and policies. Therefore, consistent with the General Plan Update, less than significant impacts to population and housing would occur. 4.14.3 Conclusion As such, the project is consistent with of the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to population and housing than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.15 Public Services 4.15.1 GPU EIR Findings The GPU EIR concluded that introduction of new structures and additional residents and workers to the City would increase the demand for fire and police protection services. However, funding Dec i y ouncil 26 —110 1/16/202 e so Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 for additional staff, equipment, and facilities would come from property taxes, grants, special revenue funds, and the City's general fund as future development accommodated by the General Plan Update occurs. The additional demand for fire and police protection services due to population growth generated within the City would be satisfied through these sources. Additionally, the GPU EIR determined that school districts within the City would have the capacity to accommodate future students generated as a result of the proposed General Plan Update. Should there be a need to expand or construct new facilities, funding for new schools would be obtained from the mitigation fee program pursuant to Senate Bill (SB) 50, and State and federal funding programs. Pursuant to Section 65996 of the Government Code, payment of school fees is deemed to provide full and complete school facilities mitigation. Further, while library services would also experience an increase in demand, property taxes and library fines and fees are expected to satisfy this impact; overall, impacts would be less than significant. 4.15.2 Project Analysis As discussed above, buildout of General Plan Update is projected to increase the population of the City beyond growth projections. However, the project would not contribute to population growth as the proposed district office would serve existing employees and the outdoor recreation areas would serve existing students. As such, the proposed project would not increase demands on existing public services. Additionally, compliance with RR FP-1 would ensure that the proposed project would meet the fire regulations outlined in California Health and Safety Code, and RR SS- 1 would ensure that the proposed project would pay school development fees authorized by Section 65996 of the California Government Code. The project would also generate property tax which further fund fire and police protection services and library services. Therefore, consistent with the General Plan Update, less than significant impacts would occur. 4.15.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR FP- 1 and SS-1 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to public services than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR FP-1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq.). RR SS-1 New residential and commercial development shall pay development fees authorized by Section 65996 of the California Government Code to be "full and complete school facilities mitigation." 4.16 Recreation 4.16.1 GPU EIR Findings The GPU EIR concluded that buildout of the General Plan Update would generate the demand for approximately 564 acres of parkland and recreational facilities assumed to serve the 2045 population. The City is essentially built -out and very limited vacant land is available to be developed with new recreational opportunities. New or expanded facilities would need to occur Dec i y ouncil 26 —111 1/16/202 e 51 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 outside of park -designated parcels and the development of these facilities may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. As such, it was determined that even with implementation of Mitigation Measure REC-1, which would require preparation of a public park utilization study, followed by further mitigation such as land dedication or fair shares contributions for projects resulting in a significant impact based on the study. impacts to recreation were determined to be significant and unavoidable. 4.16.2 Project Analysis As discussed, the project is not anticipated to generate population growth. As such, it is not anticipated that the project would increase demand on the City's existing parks or recreation facilities. Rather, the project proposes to redevelop the existing shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640- square foot play yard. Outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As such, while the project does not provide additional public parkland, it would alleviate demand on existing City recreation facilities that may otherwise be utilized by the students. Environmental impacts associated with the construction of these outdoor areas are addressed in the respective topical sections of this document (i.e., aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation). Further, the proposed project would be required to either dedicate land or pay in -lieu impact fees per Municipal Code Chapter 34, Article VIII, and Chapter 35, Article IV as well as the Quimby Act. The fees collected would be used for development and improvement of public parks and recreation facilities throughout the City. Thus, the proposed project would not cause or accelerate substantial physical deterioration of existing parks or other recreational facilities nor include or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Impacts would be less than significant. 4.16.3 Conclusion As such, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to recreation than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.17 Transportation 4.17.1 GPU EIR Findings The GPU EIR determined that buildout of the General Plan Update would not conflict with a program, plan, ordinance, or policy addressing the circulation system following implementation of RR T-1. RR T-1 requires design and operation of a multimodal circulation system network with all users in mind including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities. The General Plan Update incorporates future networks and policies related to supporting transit, bicycles, and pedestrians in the City, which are consistent with regional and local planning efforts supporting these modes of travel. Additionally, implementation of the Dec i y ouncil 26 —112 1/16/202 e 52 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 General Plan Update would result in a reduction of vehicle miles traveled (VMT) per service population in comparison to existing conditions at the time the GPU EIR was prepared and would achieve a VMT per service population of at least 15 percent lower than the Countywide VMT per service population. The GPU EIR also determined that buildout of the General Plan Update would not substantially increase hazards due to a geometric design feature or result in inadequate emergency access following implementation of RR T-2. RR T-2 requires projects pursuant to the General Plan Update to implement fire protection requirements as detailed in the Orange County Fire Authority's Fire Prevention Guidelines and the California Fire Code. 4.17.2 Project Analysis No changes are proposed to the existing circulation system in the project area and thus, the proposed project would not conflict with any program plan, ordinance or policy addressing the circulation system. According to the City of Santa Ana Traffic Impact Study Guidelines (City Traffic Guidelines), a project can be presumed to have a less -than -significant VMT impact if the project satisfies one of the following screening criteria: 29 • Projects which serve the local community and have the potential to reduce VMT, such as neighborhood K-12 schools and local -serving retail less than 50,000 sq. ft. (Charter schools are excluded from this criteria). • Projects that generate less than 110 net daily trips. • Projects located within Transit Priority Areas (TPAs); refer to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas. • Projects located in a low-VMT generating Traffic Analysis Zone (TAZ). City Traffic Guidelines Appendix B, VMT/SP in Santa Ana as Compared to Orange County Average, shows VMT per service population in Santa Ana as compared to the County average. Low-VMT TAZs per Santa Ana's threshold of significance are any TAZs generating VMT 15 percent below the County average. The proposed project would renovate the approximately 5,837-square foot former automotive repair building as the Vista Charter Public Schools district office. According to the Vista Heritage Global Academy Expansion Trip Generation Assessment (Trip Generation Memo), prepared by Urban Crossroads, Inc. and dated July 24, 2023, the proposed project would generate approximately 84 average daily trips with 14 morning peak hour trips and 12 afternoon peak hour trips; refer to Attachment C, Trip Generation Memo. Therefore, the proposed project would meet the screening criteria related to projects that generate less than 110 net daily trips. Additionally, according to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas, the project site is located within a TPA, which is defined as a 0.5-mile radius around an existing or planned major transit stop (e.g., Metrolink Station, Streetcar Station, etc.) or an existing stop along a high -quality transit corridor. Thus, the project also meets the screening criteria related to projects located within TPAs. 29 City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. Dec i y ouncil 26 —113 1/16/20'2 e 53 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Overall, the project meets two of the VMT screening requirements and thus, no VMT analysis would be required. The project is presumed to have a less than significant VMT impact. Additionally, the project does not propose any changes to the City's existing circulation system and would not introduce incompatible uses to area roadways. The site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Site access would not change as part of the proposed project. Additionally, the proposed project is not anticipated to require road closures during project construction as all proposed improvements would occur within the project boundary. 4.17.3 Conclusion Overall, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe transportation impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.18 Tribal Cultural Resources 4.18.1 GPU EIR Findings The City consulted with applicable Native American tribes in accordance with Senate Bill (SB) 18 and Assembly Bill (AB) 52. Given that tribal cultural resources are site -specific in nature. Future development allowed under the General Plan Update could potentially impact and cause significant adverse impacts to tribal cultural resources. Thus, Mitigation Measures CUL-4 through CUL-7 would reduce such impacts to less than significant levels. Specifically, to reduce impacts to archaeological resources and prior to ground -disturbing activities, Mitigation Measure CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. If potentially significant archaeological resources are identified and impacts cannot be avoided, Mitigation Measure CUL-5 requires a Phase II Testing and Evaluation investigation be performed by an archaeologist meeting the Secretary of the Interior's Standards to determine the significance of the resource(s). Per Mitigation Measure CUL- 6, if the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery must halt while the resources are evaluated for significance by a qualified archaeologist. Pursuant to Mitigation Measure CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, an archaeologist meeting the Secretary's Standards must be retained on -call. The archaeologist must inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. Overall, the GPU EIR determined that implementation of Mitigation Measures CUL-4 through CUL-7 would reduce tribal cultural resources impacts to less than significant levels. Dec i y ouncil 26 —114 1/16/20'2 e 54 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.18.2 Project Analysis Although the project would redevelop the shared surface parking lot in the southern portion of the site into an outdoor community garden, play field, and play yard, the proposed project would not require extensive excavation that could uncover previously undiscovered tribal cultural resources. Typical excavation depth would be a maximum of four feet for the majority of the site with the deepest excavation of approximately eight feet for an underground infiltration chamber related to stormwater improvements. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. 4.18.3 Conclusion Overall, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe tribal cultural resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.19 Utilities and Service Systems 4.19.1 GPU EIR Findings The GPU EIR concluded that increased sewer flow from buildout of the General Plan Update would require pipe upsizing to meet the demands of new residential and commercial uses; however, the Orange County Sanitation District Master Plan accounts for trunk line improvements and the Orange County Sanitation District (OCSD), in general, has a functioning and effective process in place to ensure the regional sewer infrastructure is able to support future developments in the City. Further, OCSD confirmed that wastewater generated by buildout of the General Plan Update would be adequately treated by Treatment Plant No. 1. The GPU EIR also concluded sufficient Orange County Water District water supplies and Orange County Public Works stormwater drainage facilities would be available to serve the full General Plan Update buildout from existing entitlements and resources, and new or expanded entitlements would not be required beyond those improvements already planned for the City. 4.19.2 Project Analysis Based on wastewater generation rates for commercial uses in the West Santa Ana Focus Area, contained within Volume III, Appendix H-a, of the GPU EIR, the proposed project would generate approximately 2,036 gallons of wastewater per day.30 The proposed project would connect to existing wastewater infrastructure, which would have the capacity to serve the project demand in addition to existing service commitments and would not require the expansion of existing facilities. Compliance with RR U-2 would ensure that OCSD connection fees are paid in accordance with Ordinance No. OCSD-40. Additionally, as discussed above, runoff from the proposed project is currently collected by stormwater drainage facilities in the surrounding roadway. The proposed project would implement BMPs contained in the WQMP to capture and infiltrate stormwater runoff. 30 Based on a rate of 2,262 gallons of wastewater per day per acre for a 0.9-acre site. The GPU EIR separated land uses into either residential or commercial in order to determine average wastewater generation. While it is acknowledged that the proposed project would involve office use, commercial rates were deemed most appropriate in order to compare the proposed project to the analysis contained within the GPU EIR. Dec I y ouncil 26 —115 1/16/202 e 55 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Any runoff leaving the project site would continue to drain to the existing drain inlets in the project area, and the proposed project would not require or result in the construction of new or expanded storm water drainage facilities. Based on water demand rates for commercial uses, contained within Volume III, Appendix H-b, of the GPU EIR, the proposed project would require approximately 2,250 gallons of water per day, which would be met by the City's supplies.31 However, compliance with RR U-5 would ensure that the project is designed pursuant to the water conservation and efficiency requirements of the Municipal Code, and RR U-6 would ensure water connection fees are paid. Therefore, consistent with the General Plan Update, impacts related to water supplies, wastewater treatment, and storm water drainage from the proposed project would be less than significant. The proposed project would generate a nominal amount of solid waste during construction activities. However, the proposed project would comply with the CALGreen Building Code Standards, which requires that at least 65 percent of nonhazardous construction and demolition waste generated during most new construction be recycled and/or salvaged for reuse. During operations, the proposed project would generate approximately 34.8 pounds of solid waste per day, typical of office uses.32,33 According to the GPU EIR, solid waste generated in the City is transferred to Orange County solid waste landfill system which has ample capacity to accommodate increased volumes of waste from the City through 2053. Furthermore, the proposed project would be required to comply with the requirements of AB 341, which mandates recycling for commercial land uses, and AB 1826, which requires that any organic waste generated in amounts over a certain threshold would be recycled. Therefore, the proposed project would not generate solid waste in excess of State or local standards or of the future capacity of local infrastructure, and would comply with all applicable federal, State, and local solid waste regulations. Consistent with the General Plan Update, impacts would be less than significant. The site is currently served by SCE and Southern California Gas Company (SoCalGas). Project impacts with regards to electricity and natural gas services would be nominal given that operations of the proposed office would utilize minimal electricity and natural gas. As summarized under Section 4.6, Energy, the project would not result in substantial energy consumption, upon compliance with existing regulatory requirements, including the 2022 Title 24 Building Energy Efficiency Standards and 2012 Appliance Efficiency Regulations pursuant to RR E-3 and E-4. Additionally, the project would be required to pay connection and ongoing user fees to SCE and SoCalGas to offset project impacts on existing dry utility services and resources. Thus, impacts with regards to dry utilities would be less than significant. 4.19.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR U-2, U-5, U-6, HYD-4, and HYD-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to utilities and service systems than anticipated by the GPU EIR. 31 Based on a rate of 2,500 gallons of water per day per acre for a 0.9-acre site. The GPU EIR separated land uses into either residential or commercial in order to determine average water demand. While it is acknowledged that the proposed project would involve office use, commercial rates were deemed most appropriate in order to compare the proposed project to the analysis contained within the GPU EIR. 32 Based on a rate of 0.006 pounds of solid waste per day per square foot for a 5,800square foot office building. 33 CalRecycle, Estimated Solid Waste Generation Rates, https://www2.calrecycle.ca.gov/wastecharacterization/general/rates, accessed August 10, 2023. Dec I y ouncil 26 —116 1/16/202 e 56 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Applicable GPU EIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.6, Energy, for RR E-3 and EA and Section 4.10, Hydrology and Water Quality, for RR HYD-4 and HYD-5. RR U-2 Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-5 Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6 Water connection fees shall be paid in accordance with Chapter 39, Article II of the City's Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. 4.20 Wildfire 4.20.1 GPU EIR Findings The GPU EIR concludes that buildout of the General Plan Update would not substantially impair an adopted emergency response plan or emergency evacuation plan, exacerbate wildfire risks thereby creating elevated particulate concentration exposure to people, nor would it expose people or structures to significant risks. The General Plan Update would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant which could exacerbate fire risk. 4.20.2 Project Analysis The CEQA Guidelines require analysis of wildfire risk in State responsibility areas (SRAs) and/or lands classified as very high fire hazard severity zones. As stated in the GPU EIR, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about four miles east along the western edge of Loma Ridge. The nearest FHSZ in a local responsibility area (LRA) is about 3.8 miles at the southern tip of the Peters Canyon Regional Park. Therefore, the project site is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the City is a wildland-urban interface. As such, no impact related to wildfire risk would occur due to development of the proposed project. 4.20.3 Conclusion As such, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to wildfire than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. Dec i y ouncil 26 —117 1/16/20'2 e 57 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 5. Findings As discussed in Section 3.0, the City of Santa Ana intends to pursue a CEQA exemption for the proposed project pursuant to CEQA Guidelines Section 15183. As stated in CEQA Guidelines Section 15183(d), the exemption requires a project to meet the following conditions: 1. The project is consistent with: a. A community plan adopted as part of a general plan, b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or c. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The General Plan Update and GPU EIR were adopted and certified by the Santa Ana City Council in 2022. The project site is located within the General Plan Update West Santa Ana Boulevard Focus Area. This portion of the City was historically a more industrial area; the General Plan Update intends to transition the area from a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. Additionally, the industrial portion of the focus area (where the project site is located) is envisioned and designated Industrial/Flex (FLEX) to promote new opportunities, including new clean industrial/manufacturing, maker -type spaces, and other uses that are more compatible with the surrounding residential areas than traditional industrial uses. The project site has a land use designation of Industrial/Flex-Low (FLEX-1.5), which is intended for office/industrial flex spaces, small-scale research and development, clean manufacturing, and live -work uses. The proposed project would redevelop a former automotive repair building into a school district office, which is a permitted use under the FLEX-1.5 designation and considered in the analysis of the GPU EIR. Additionally, the General Plan Update encourages adaptive reuse of existing industrial buildings within this focus area, which would be achieved with implementation of the project. As such, the GPU EIR adequately anticipated and analyzed the impacts of this project, identified applicable mitigation measures necessary to reduce impacts of the project, and the project implements the applicable mitigation measures. The project, therefore, qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183. Overall, the project qualifies for the exemption because the following findings can be made: a) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Based on General Plan Update Land Use Element Figure LU-1, Land Use Map, the project site is designated Industrial/Flex-Low (FLEX-1.5). The FLEX-1.5 designation allows a maximum 1.5 FAR and/or 30 dwelling per acre, with a maximum building height of three stories. The proposed project would renovate the approximately 5,837-square foot former automotive repair building as the Vista Charter Public Schools district office. The project site is approximately 0.9-acre. Thus, the project would result in a 0.15 FAR. Additionally, the building would maintain its existing building height of approximately 19.3 feet. Thus, the proposed project would be consistent with the site's FLEX-1.5 designation development density established by the General Dec i y ouncil 26 -118 1/16/202 e 58 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Plan Update. Additionally, the project would be consistent with applicable General Plan Update Land Use Element policies as detailed in Table 5. Overall, the project would be consistent with Criterion A. b) There are no project specific effects which are peculiar to the project or its site. The project site is located within the Fairview Business Park in an industrial area of Santa Ana. The Fairview Business Park is currently developed with institutional (Vista Heritage Global Academy and Templo Calvario Church), industrial, and office uses. As stated, the site's FLEX- 1.5 land use designation is intended to provide context -appropriate development in areas with existing industrial uses. The proposed Vista Charter Public Schools district office and outdoor open space areas would complement and serve the existing Vista Heritage Global Academy located adjacent to the site's southern boundary. Additionally, upon approval of the required Zone Change and Zoning Ordinance Amendment, project development would be required to comply with applicable standards for the SD-82 zone, which is consistent with the standards for Light Industrial uses in Municipal Code Sections 41-473 through 41-481. As such, the proposed project would not result in effects which are peculiar to the project or its site and the project would be consistent with Criterion B. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. The GPU EIR concluded that buildout of the General Plan Update would result in a total of 115,053 residential units and 72,967,816 square feet of non-residential development by 2045. The proposed project, which is consistent with the General Plan Update, involves renovating an existing 5,837-square foot building and developing outdoor open space areas on an approximately 0.9-acre site. The project would meet the development density requirement for the FLEX-1.5 designation and thus, was considered in the planned development of the General Plan Update and would have similar or lesser significant impacts than analyzed in the GPU EIR. As discussed in Section 4.0, there are no project specific impacts which the GPU EIR failed to analyze as significant effects. The proposed project is consistent with Criterion C. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. As stated, buildout of the proposed project is consistent with the General Plan Update and thus, was considered in the GPU EIR analysis. No off -site improvements are proposed in the project area and the size and nature of the project would not result in cumulatively considerable environmental impacts. Overall, there are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The project is consistent with Criterion D. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. As discussed in Section 4.0, the proposed project would result in similar and/or lesser impacts than the GPU EIR. There is no substantial new information which result in more severe impacts than anticipated by the GPU EIR. Therefore, the proposed project is consistent with Criterion E. As shown, the proposed project is consistent with Criteria A through E under CEQA Guidelines Section 15183. As such, the proposed project qualifies for the CEQA exemption. Dec i y ouncil 26 —119 1/16/20'2 e 59 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 REFERENCES Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. California Air Resources Board, 2022 Scoping Plan, November 16, 2022. California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, April 2005. California Air Resources Board, Air Quality and Meteorological Information, https://www.arb.ca.gov/agmis2/agdselect.php?tab=specialrpt, accessed July 3, 2023. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed June 29, 2023. California Department of Conservation, California Williamson Act Enrollment Finder, https://gis.conservation.ca.gov/portal/home/webmap/viewer.html?webmap=l 8f7488cOa9 d4d299f5e9c33b312f312, accessed July 26, 2023. California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https:Hww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2023. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. California Department of Transportation, Transportation and Construction Vibration Manual, April 2020. California Environmental Protection Agency, Cortese Listing, https://calepa.ca.gov/sitecleanup/corteselist/, accessed July 6, 2023. CalRecycle, Estimated Solid Waste Generation Rates, https://www2.calrecycle.ca.gov/wastecharacterization/general/rates, accessed August 10, 2023. CalRecycle, Green Building Materials, https://www.calrecycle.ca.gov/greenbuiIding/materials#Material, accessed August 15, 2023. California Natural Resources Agency, Final Statement of Reasons for Regulatory Action, pp. 11- 13, 14, 16, December 2009, https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/Final_Statement_of_Reasons.pdf , accessed July 13, 2023. City of Santa Ana, City of Santa Ana Climate Action Plan, December 2015. City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. Dec i y ouncil 26 — 120 1/16/20'2 e 60 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU- 1, Land Use Map, April 2022. City of Santa Ana, City of Santa Ana General Plan Circulation Element, https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/04/Circulation- Element.pdf, accessed on July 28, 2023. City of Santa Ana, Santa Ana Municipal Code, codified through Ordinance No. NS-3049, adopted July 18, 2023. Cyril M. Harris, Noise Control in Buildings, 1994. Federal Highway Administration, Roadway Construction Noise Model (FHWA-HEP-05-054), January 2006. International Code Council, 2022 California Building Code, Title 24, Part 2, https://codes.iccsafe.org/content/CABC2022Pl /chapter-18-soils-and-foundations, accessed July 26, 2023. Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. M.J. Hayne, et al, Prediction of Crowd Noise, Acoustics, November 2006. South Coast Air Quality Management District, Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008. South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions, December 2002. South Coast Air Quality Management District, Rule 1113 Architectural Coatings, http://www.agmd.gov/docs/default-source/rule-book/reg-xi/r1113.pdf, accessed June 15, 2023. Southern California Association of Governments, 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy — Connect SoCal, September 3, 2020. State of California Governor's Office of Planning and Research, Transmittal of the Governor's Office of Planning and Research's Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009, https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/COl.pdf, accessed July 13, 2023. Urban Crossroads, Inc., Vista Heritage Global Academy Expansion Trip Generation Assessment, July 24, 2023. U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace. army.mil/Media/News-Releases/Article/l849301/corps- reclassifies-prado-dam-implements-risk-reduction-measures/, May 15, 2019. U.S. Environmental Protection Agency, Carbon Monoxide Emissions, https://cfpub.epa.gov/roe/indicator—pdf.cfm?i=10, accessed July 3, 2023. Dec i y ouncil 26 — 121 1/16/202 e 61 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey, https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx, accessed July 26, 2023. Dec i y ouncil 26 — 122 1/16/20'2 e 62 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT A AIR QUALITY/GREENHOUSE GAS/ENERGY MODELING RESULTS City Council 26 — 123 1/16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Vista Charter School Expansion Detailed Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User -Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.1. Construction Emissions Compared Against Thresholds 2.2. Construction Emissions by Year, Unmitigated 2.3. Construction Emissions by Year, Mitigated 2.4. Operations Emissions Compared Against Thresholds 2.5. Operations Emissions by Sector, Unmitigated 2.6. Operations Emissions by Sector, Mitigated 3. Construction Emissions Details 3.1. Building Construction (2023) - Unmitigated 3.2. Building Construction (2023) - Mitigated City Council 26 — 124 1 / 63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 3.3. Building Construction (2024) - Unmitigated 3.4. Building Construction (2024) - Mitigated 3.5. Paving (2024) - Unmitigated 3.6. Paving (2024) - Mitigated 3.7. Architectural Coating (2024) - Unmitigated 3.8. Architectural Coating (2024) - Mitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.1.2. Mitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.2. Electricity Emissions By Land Use - Mitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.2.4. Natural Gas Emissions By Land Use - Mitigated 4.3. Area Emissions by Source 4.3.2. Unmitigated City Council 26 — 125 2/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 4.3.1. Mitigated 4.4. Water Emissions by Land Use 4.4.2. Unmitigated 4.4.1. Mitigated 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated 4.5.1. Mitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.6.2. Mitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.7.2. Mitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 4.8.2. Mitigated 4.9. User Defined Emissions By Equipment Type City Council 26 — 126 3/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 4.9.1. Unmitigated 4.9.2. Mitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated 4.10.4. Soil Carbon Accumulation By Vegetation Type - Mitigated 4.10.5. Above and Belowground Carbon Accumulation by Land Use Type - Mitigated 4.10.6. Avoided and Sequestered Emissions by Species - Mitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off -Road Equipment 5.2.1. Unmitigated 5.2.2. Mitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.3.2. Mitigated City Council 26 — 127 4/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.9.2. Mitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.1.2. Mitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment City Council 26 — 128 5/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.10.4. Landscape Equipment - Mitigated 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.11.2. Mitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.12.2. Mitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.13.2. Mitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.14.2. Mitigated 5.15. Operational Off -Road Equipment 5.15.1. Unmitigated 5.15.2. Mitigated 5.16. Stationary Sources City Council 26 — 129 6/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary 6.2. Initial Climate Risk Scores 6.3. Adjusted Climate Risk Scores City Council 26 — 130 7/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores 7.2. Healthy Places Index Scores 7.3. Overall Health & Equity Scores 7.4. Health & Equity Measures 7.5. Evaluation Scorecard 7.6. Health & Equity Custom Measures 8. User Changes to Default Data City Council 26 — 131 8/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 1. Basic Project Information 1.1. Basic Project Information Project Name Construction Start Date Operational Year Lead Agency Land Use Scale Analysis Level for Defaults Windspeed (m/s) Precipitation (days) Location County City Air District Air Basin TAZ EDFZ Electric Utility Gas Utility App Version • 11•' -191 Land Use Subtype L;� Vista Charter School Expansion 11 /1 /2023 2024 Project/site County 2.50 18.6 Santa Ana, CA, USA Orange Santa Ana South Coast AQMD South Coast 5990 7 Southern California Edison Southern California Gas 2022.1.1.14 9/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General Office 7.00 1000sgft 0.16 7,000 2,297 Building 1.3. User -Selected Emission Reduction Measures by Emissions Sector Construction C-10-C Construction C-11 Construction C-12 2. Emissions Summary 2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer (Max) Unmit. 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Mit. 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Reduced Daily, - - - - - - - - - - - - Winter (Max) Unmit. 0.71 0.59 5.98 7.14 0.01 0.28 0.23 0.44 0.26 0.05 0.27 - Mit. 0.71 0.59 5.98 7.14 0.01 0.28 0.23 0.44 0.26 0.05 0.27 - Reduced Water Unpaved Construction Roads Limit Vehicle Speeds on Unpaved Roads Sweep Paved Roads 1,061 1,061 0.04 0.01 0.97 1,067 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.03 1,378 1,372 1,372 0.06 0.02 0.03 1,378 City Council 26 - 133 1/16/2024 10/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Average - - - - - - - - - - - - Daily (Max) Unmit. 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Mit. 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Reduced Annual - - - - - - - - - - - - (Max) Unmit. 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - Mit. 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - Reduced 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily - - - - - - - - - - - - - Summer (Max) 2024 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Daily - - - - - - - - - - - - - Winter (Max) 2023 0.71 0.59 5.98 7.14 0.01 0.28 0.04 0.32 0.26 0.01 0.27 - 2024 0.70 0.59 5.65 7.11 0.01 0.26 0.23 0.44 0.24 0.05 0.25 - Average - - - - - - - - - - - - Daily 2023 0.08 0.07 0.71 0.85 < 0.005 0.03 < 0.005 0.04 0.03 < 0.005 0.03 - 2024 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Annual - G-ity Cou-ncil - - - - -26 - 1-34 - - - 11 / 63 301 301 0.01 < 0.005 0.06 303 301 301 0.01 < 0.005 0.06 303 49.9 49.9 < 0.005 < 0.005 0.01 50.1 49.9 49.9 < 0.005 < 0.005 0.01 50.1 NBCO2 CO2T CH4 N2O R CO2e 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.01 1,378 1,371 1,371 0.06 0.02 0.03 1,377 164 164 0.01 < 0.005 0.01 165 301 301 0.01 < 0.005 0.06 303 - - - 1 /1-&/2024 - - Vista Charter School Expansion Detailed Report, 7/26/2023 2023 0.02 0.01 0.13 0.16 < 0.005 0.01 < 0.005 0.01 0.01 < 0.005 0.01 - 2024 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - 2.3. Construction Emissions by Year, Mitigated Criteria Pollutants(lb/day for daily, ton/yr for annual and GHGs(lb/day for daily, MT/yr for annual Daily - - - - - - - - - - - - - Summer (Max) 2024 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Daily - - - - - - - - - - - - - Winter (Max) 2023 0.71 0.59 5.98 7.14 0.01 0.28 0.04 0.32 0.26 0.01 0.27 - 2024 0.70 0.59 5.65 7.11 0.01 0.26 0.23 0.44 0.24 0.05 0.25 - Average - - - - - - - - - - - - Daily 2023 0.08 0.07 0.71 0.85 < 0.005 0.03 < 0.005 0.04 0.03 < 0.005 0.03 - 2024 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Annual - - - - - - - - - - - - 2023 0.02 0.01 0.13 0.16 < 0.005 0.01 < 0.005 0.01 0.01 < 0.005 0.01 - 2024 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - 2.4. Operations Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer KA ..\ 27.1 27.1 < 0.005 < 0.005 < 0.005 27.2 49.9 49.9 < 0.005 < 0.005 0.01 50.1 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.01 1,378 1,371 1,371 0.06 0.02 0.03 1,377 164 164 0.01 < 0.005 0.01 165 301 301 0.01 < 0.005 0.06 303 27.1 27.1 < 0.005 < 0.005 < 0.005 27.2 49.9 49.9 < 0.005 < 0.005 0.01 50.1 City Council 26 - 135 12/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Unmit. 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Unmit. 0.30 0.44 0.24 1.89 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 Average - - - - - - - - - - - - - - - - - - Daily (Max) Unmit. 0.26 0.40 0.20 1.66 < 0.005 0.01 0.30 0.31 0.01 0.08 0.08 5.89 585 591 0.63 0.02 0.62 614 Annual- - - - - - - - - - - - - - - - - - (Max) Unmit. 0.05 0.07 0.04 0.30 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/dav for dailv. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) Daily, Summer (Max) Mobile 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Area 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Mobile 0.29 n 97 n 9n 1 aF < n nns < n nns n 4n n 41 < n nns n i n n 11 - 4�a 41a n ni n ro 0.05 446 City Council 26 - 136 1/16/2024 13/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Area - 0.17 - - Energy 0.01 < 0.005 0.05 0.04 Water - - - - Waste - - - - Refrig. - - - - Total 0.30 0.44 0.24 1.89 Average - - - - Daily Mobile 0.22 0.20 0.15 1.41 Area 0.04 0.20 < 0.005 0.21 Energy 0.01 < 0.005 0.05 0.04 Water - - - - Waste - - - - Refrig. - - - - Total 0.26 0.40 0.20 1.66 Annual - - - - Mobile 0.04 0.04 0.03 0.26 Area 0.01 0.04 < 0.005 0.04 Energy < 0.005 < 0.005 0.01 0.01 Water - - - - Waste - - - - Refrig. - - - - Total 0.05 0.07 0.04 0.30 < 0.005 < 0.005 - < 0.005 0.01 0.40 < 0.005 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 0.01 0.30 < 0.005 < 0.005 0.06 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 < 0.005 0.06 2.6. Operations Emissions by Sector, Mitigated < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 2.38 12.6 15.0 0.25 0.01 - 22.8 - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 - - - - - - - - - 0.02 0.02 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 0.30 < 0.005 0.08 0.08 - 333 333 0.02 0.01 0.60 338 < 0.005 < 0.005 - < 0.005 - 0.86 0.86 < 0.005 < 0.005 - 0.86 < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 - - - - - - - - - 0.02 0.02 0.31 0.01 0.08 0.08 5.89 585 591 0.63 0.02 0.62 614 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 < 0.005 < 0.005 - < 0.005 - 39.5 39.5 < 0.005 < 0.005 - 39.7 - - - - 0.39 2.08 2.48 0.04 < 0.005 - 3.78 - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 - - - - - - - - - < 0.005 < 0.005 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) CO2e Ou 14/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, Summer (Max) Mobile 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Area 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Mobile 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Area - 0.17 - - - - - - - - - - - - - - Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.30 0.44 0.24 1.89 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 Average - - - - - - - - - - - - - - - Daily Mobile 0.22 0.20 0.15 1.41 < 0.005 < 0.005 0.30 0.30 < 0.005 0.08 0.08 - 333 333 0.02 0.01 0.60 338 Area 0.04 0.20 < 0.005 0.21 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.86 0.86 < 0.005 < 0.005 - 0.86 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - - - - - 0.02 0.02 Total 0.26 9.49-9.29 4.66 49.996 9.94 939 @.;4 9.94 9.98 9.989-89 686 694 9.6; 9.920.62 614 City Council 26 - 138 1/16/2024 15/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Annual Mobile 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Area 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 Energy < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 39.5 39.5 < 0.005 < 0.005 - 39.7 Water - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - 3.78 Waste - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Refrig. - - - - - - - - - - - - - - - - < 0.005 < 0.005 Total 0.05 0.07 0.04 0.30 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 3. Construction Emissions Details 3.1. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite Daily, - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.69 0.58 5.93 7.00 0.01 0.28 - 0.28 0.26 - 0.26 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average Daily Off -Road 0.08 0.07 0.71 0.84 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment iNBCO2 CO2T CH4 N20 R CO2e 1,305 1,305 0.05 0.01 - 1,309 0.00 0.00 0.00 0.00 0.00 0.00 156 156 0.01 < 0.005 - 156 City Council 26 - 139 1/16/2024 16/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road 0.02 0.01 0.13 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.13 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.2. Building Construction (2023) - Mitigated Criteria Pollutants (lb/dav for daily. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) 0.00 0.00 0.00 0.00 0.00 0.00 25.8 25.8 < 0.005 < 0.005 - 25.9 0.00 0.00 0.00 0.00 0.00 0.00 29.5 29.5 < 0.005 < 0.005 < 0.005 29.8 37.6 37.6 < 0.005 0.01 < 0.005 39.2 0.00 0.00 0.00 0.00 0.00 0.00 3.57 3.57 < 0.005 < 0.005 0.01 3.62 4.49 4.49 < 0.005 < 0.005 0.01 4.68 0.00 0.00 0.00 0.00 0.00 0.00 0.59 0.59 < 0.005 < 0.005 < 0.005 0.60 0.74 0.74 < 0.005 < 0.005 < 0.005 0.78 0.00 0.00 0.00 0.00 0.00 0.00 17/63 CO2e Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite - - - - - - - - - - - - - - - - - - Daily, Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Off -Road 0.69 0.58 5.93 7.00 0.01 0.28 - 0.28 0.26 - 0.26 - 1,305 1,305 0.05 0.01 - 1,309 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.08 0.07 0.71 0.84 < 0.005 0.03 - 0.03 0.03 - 0.03 - 156 156 0.01 < 0.005 - 156 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - - - - - - - - - Off -Road 0.02 0.01 0.13 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - 25.8 25.8 < 0.005 < 0.005 - 25.9 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.13 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - 29.5 29.5 < 0.005 < 0.005 < 0.005 29.8 Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - 37.6 37.6 < 0.005 0.01 < 0.005 39.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 141 1/16/2024 18/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Average Daily Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.3. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.67 0.56 5.60 6.98 0.01 0.26 - 0.26 0.23 - 0.23 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - Daily Off -Road 0.08 0.07 0.66 0.82 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - City Council - - - - -26 - 1-42 - - - 19/63 3.57 3.57 < 0.005 < 0.005 0.01 3.62 4.49 4.49 < 0.005 < 0.005 0.01 4.68 0.00 0.00 0.00 0.00 0.00 0.00 0.59 0.59 < 0.005 < 0.005 < 0.005 0.60 0.74 0.74 < 0.005 < 0.005 < 0.005 0.78 0.00 0.00 0.00 0.00 0.00 0.00 iNBCO2 CO2T CH4 N20 R CO2e 1,305 1,305 0.05 0.01 - 1,309 0.00 0.00 0.00 0.00 0.00 0.00 153 153 0.01 < 0.005 - 154 0.00 0.00 0.00 0.00 0.00 0.00 1 /1-&/2024 - - - - - Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.01 0.01 0.12 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.12 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.4. Building Construction (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - 25.4 25.4 < 0.005 < 0.005 - 25.5 0.00 0.00 0.00 0.00 0.00 0.00 28.9 28.9 < 0.005 < 0.005 < 0.005 29.2 37.2 37.2 < 0.005 0.01 < 0.005 38.8 0.00 0.00 0.00 0.00 0.00 0.00 3.44 3.44 < 0.005 < 0.005 0.01 3.48 4.36 4.36 < 0.005 < 0.005 0.01 4.55 0.00 0.00 0.00 0.00 0.00 0.00 0.57 0.57 < 0.005 < 0.005 < 0.005 0.58 0.72 0.72 < 0.005 < 0.005 < 0.005 0.75 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 143 1/16/2024 20 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Off -Road 0.67 0.56 5.60 6.98 0.01 0.26 - 0.26 0.23 - 0.23 - 1,305 1,305 0.05 0.01 - 1,309 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.08 0.07 0.66 0.82 < 0.005 0.03 - 0.03 0.03 - 0.03 - 153 153 0.01 < 0.005 - 154 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - - - - - - - - - Off -Road 0.01 0.01 0.12 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - 25.4 25.4 < 0.005 < 0.005 - 25.5 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.12 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - 28.9 28.9 < 0.005 < 0.005 < 0.005 29.2 Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - 37.2 37.2 < 0.005 0.01 < 0.005 38.8 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Average - - - - - - - - - - - - - - - - - - Daily City Council 26 - 144 1/16/2024 21 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.5. Paving (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - - Daily 3.44 3.44 < 0.005 < 0.005 0.01 3.48 4.36 4.36 < 0.005 < 0.005 0.01 4.55 0.00 0.00 0.00 0.00 0.00 0.00 0.57 0.57 < 0.005 < 0.005 < 0.005 0.58 0.72 0.72 < 0.005 < 0.005 < 0.005 0.75 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 145 1/16/2024 22/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.07 0.06 0.53 0.63 < 0.005 0.02 - 0.02 0.02 - 0.02 - Equipment Paving - 0.00 - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road 0.01 0.01 0.10 0.11 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Worker 0.07 0.06 0.07 1.05 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Worker 0.07 0.06 0.08 0.91 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 E;ft. D0SoUT0:0p5 0.02 0.00 0.00 < 0.005 < 205- 1®* < 0.005 < 0.005 - 23 / 63 97.0 97.0 < 0.005 < 0.005 - 97.3 0.00 0.00 0.00 0.00 0.00 0.00 16.1 16.1 < 0.005 < 0.005 - 16.1 0.00 0.00 0.00 0.00 0.00 0.00 237 237 < 0.005 0.01 0.97 241 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 226 226 < 0.005 0.01 0.03 228 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 27.0 27.0 < 0.005 < 0.005 0.05 27.3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 < 0.0051 /1602024 0.01 4.52 4.46 4.46 Vista Charter School Expansion Detailed Report, 7/26/2023 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.6. Paving (2024) - Mitigated Criteria Pollutants(lb/day for daily, ton/yr for annual and GHGs(lb/day for daily, MT/yr for annual Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - - - - Daily Off -Road 0.07 0.06 0.53 0.63 < 0.005 0.02 - 0.02 0.02 - 0.02 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Hnnuai - - - - - - - - - - City Council 26 - 147 24/63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 97.0 97.0 < 0.005 < 0.005 - 97.3 0.00 0.00 0.00 0.00 0.00 0.00 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.01 0.01 0.10 0.11 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Paving - 0.00 - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Worker 0.07 0.06 0.07 1.05 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Worker 0.07 0.06 0.08 0.91 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.7. Architectural Coating (2024) - Unmitigated Criteria Poll utant9k/99YOIdaily, ton/yr for annual) and GHGs (lb/O foo Mily, MT/yr for annual) 25 / 63 16.1 16.1 < 0.005 < 0.005 - 16.1 0.00 0.00 0.00 0.00 0.00 0.00 237 237 < 0.005 0.01 0.97 241 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 226 226 < 0.005 0.01 0.03 228 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 27.0 27.0 < 0.005 < 0.005 0.05 27.3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.46 4.46 < 0.005 < 0.005 0.01 4.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.17 0.14 0.91 1.15 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Architect - 0.75 - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - Daily Off -Road 0.02 0.02 0.11 0.14 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Architect - 0.09 - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Architect - 0.02 - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - 134 134 0.01 < 0.005 - 134 0.00 0.00 0.00 0.00 0.00 0.00 15.7 15.7 < 0.005 < 0.005 - 15.8 0.00 0.00 0.00 0.00 0.00 0.00 2.60 2.60 < 0.005 < 0.005 - 2.61 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 149 1/16/2024 26 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, - - - - - - - - - - - - Summer (Max) Worker < 0.005 < 0.005 < 0.005 0.03 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.8. Architectural Coating (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.17 0.14 0.91 1.15 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Architect - 0.75 - - - - - - - - - - urA 6.07 6.07 < 0.005 < 0.005 0.02 6.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.69 0.69 < 0.005 < 0.005 < 0.005 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.11 0.11 < 0.005 < 0.005 < 0.005 0.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NBCO2 CO2T CH4 N20 R CO2e 0.00.005 134 Coatings City Council 26 - 150 27 / 63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Daily, - - - - - Winter (Max) Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.02 0.02 0.11 0.14 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 15.7 15.7 < 0.005 < 0.005 - 15.8 Equipment Architect - 0.09 - - - - - - - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - Off -Road < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 2.60 2.60 < 0.005 < 0.005 - 2.61 Equipment Architect - 0.02 - - - - - - - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Worker < 0.005 < 0.005 < 0.005 0.03 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 - 6.07 6.07 < 0.005 < 0.005 0.02 6.16 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - - - - - - - Daily City Council 26 - 151 1/16/2024 28 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer (Max) General 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Office Building Total 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Daily, - - - - - - - - - - - Winter (Max) General 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Office Building Total 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Annual - City Council - - - - -26 - 1-52 - - 29 / 63 0.69 0.69 < 0.005 < 0.005 < 0.005 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.11 0.11 < 0.005 < 0.005 < 0.005 0.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CO2e 457 457 0.02 0.02 1.86 465 457 457 0.02 0.02 1.86 465 439 439 0.03 0.02 0.05 446 439 439 0.03 0.02 0.05 446 1 /1-r/2024 - - Vista Charter School Expansion Detailed Report, 7/26/2023 General 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Office Building Total 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 4.1.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Office Building Total 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Office Building Total 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Annual - - - - - - - - - - - - - - - - - - General 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Office Building Total 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated City Council 26 - 153 1/16/2024 30/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building Total — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building Total — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Annual — — — — — — — — — — — — — — — — General — — — — — — — — — — — — 30.1 30.1 < 0.005 < 0.005 — 30.2 Office Building Total — — — — — — — — — — — — 30.1 30.1 < 0.005 < 0.005 — 30.2 4.2.2. Electricity Emissions By Land Use - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building City Council 26 — 154 1/16/2024 31 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Daily, - - - - - - - - Winter (Max) General - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Office Building Total - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Annual- - - - - - - - - - - - - - - - - - General - - - - - - - - - - - - 30.1 30.1 < 0.005 < 0.005 - 30.2 Office Building Total - - - - - - - - - - - - 30.1 30.1 < 0.005 < 0.005 - 30.2 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, Summer (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Annual - Gty Council - - - - -26 - 1-55 - - - - - - 1/1-6/2024 32/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 Office Building Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 4.2.4. Natural Gas Emissions By Land Use - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land TOG ROG NOx CO S02 �PMIIOE �PM10D �PMIIOT �PM2.51E �PM2.51D �PM2.5`r �BCO2 �NBCO2 �CO2`r �CH4 �N20 R �CO2e Use Daily, Summer (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Annual - - - - - - - - - - - - - - - - - - General < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 Office Building Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 4.3. Area Emissions by Source 4.3.2. Unmitigated City Council 26 - 156 1/16/2024 33/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) Consum — 0.15 — — — — — — — — — — — — — — — — er Products Architect — 0.02 — — — — — — — — — — — ural Coatings Landsca 0.05 0.05 < 0.005 0.30 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.25 1.25 < 0.005 < 0.005 — 1.26 pe Equipme nt Total 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.25 1.25 < 0.005 < 0.005 — 1.26 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Consum — 0.15 — — — — — — — — — — — — — — — — er Products Architect — 0.02 — — — — — — — — — — — — — — — — ural Coatings Total — 0.17 — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Consum — 0.03 — — — — — — — — — — — — — — — — er Products Architect — < 0.005 — — — — — — — — — — — — — — — — ural Coatings City Council 26 — 157 1/16/2024 34/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Landsca 0.01 0.01 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 pe Equipme Total 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 4.3.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Consum - 0.15 - - - - - - - - - - - - - - - - er Products Architect - 0.02 - - - - - - - - - - - - - ural Coatings Landsca 0.05 0.05 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 pe Equipme nt Total 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Consum - 0.15 - - - - - - - - - - - - - - - - er Products Architect - 0.02 - - - - - - - - - - - - - - - - ural Coatings Total - 0.17 - - - - - - - - - - - - - - - - Annual - - - - - - - - - - - - - - - - - - City Council 26 - 158 1/16/2024 35/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Consum - 0.03 - - - - - - - - - - - - - - - - er Architect - < 0.005 - - - - - - - - - - ural Coatings Landsca 0.01 0.01 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 pe Equipme nt Total 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 4.4. Water Emissions by Land Use 4.4.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Annual - - - - - - - - - - - - - - - - - - City Council 26 - 159 1/16/2024 36/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General - - - - - - - - - - - Office Building Total - - - - - - - - - - - 4.4.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 0.39 2.08 2.48 0.04 < 0.005 - 3.78 0.39 2.08 2.48 0.04 < 0.005 - 3.78 Land TOG ROG NOx CO S02 �PMIIOE �PM10D �PMIIOT �PM2.51E �PM2.51D �PM2.5`r �BCO2 �NBCO2 ICO2T �CH4 �N20 R �CO2e Use D. Summer 0.01 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Daily, - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Annual - - - - - - - - - - - - - - - - - General - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - Office Building Total - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated City Council 26 - 160 1/16/2024 37/63 22.8 22.8 22.8 3.78 Mi.] Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Annual - - - - - - - - - - - - - - - - - - General - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Office Building Total - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 4.5.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building City Council 26 - 161 1/16/2024 38 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Daily, - - - - - - - - Winter (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Annual General - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Office Building Total - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, Summer (Max) General - - - - - - - - - - - - - - - - 0.02 0.02 Office Building Total - - - - - - - - - - - - - - 0.02 0.02 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - - - - - - 0.02 0.02 Office Building City Council 26 - 162 1/16/2024 39/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total — — — — — — — — — — — — — — — — 0.02 0.02 Annual — — — — General — — — — — < 0.005 < 0.005 Office Building Total — — — — — — — — — — — — — — — — < 0.005 < 0.005 4.6.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — — — — — 0.02 0.02 Office Building Total — — — — — — — — — — — — — — — — 0.02 0.02 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) General — — — — — — — — — — — — — — — — 0.02 0.02 Office Building Total 0.02 0.02 Annual — — — — — — — — General — — — — — — — — — — — — — — — — < 0.005 < 0.005 Office Building Total — — — — — — — — — — — — — — — — < 0.005 < 0.005 4.7. Offroad Ity oQQORRQuncll 26 — 163 1/16/2024 40 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) nt Equipme NEENNEENEEN - Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.7.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — City Council 26 — 164 1/16/2024 41 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.8.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — City Council 26 — 165 1/16/2024 42/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) nt Equipme - Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.9.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total— — — — — — — — — — — — — — — — — — City Council 26 — 166 1/16/2024 43 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total— — — — — — — — — — — — — — — — 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/dav for dailv. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) City Council 26 — 167 1/16/2024 44/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total — — — — — — — — — — — — Daily, — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — Annual — — — — — — — — — — — — Total — — — — — — — — — — — — 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — Summer (Max) Avoided — — — — — — — — — — — — Subtotal — — — — — — — — — — — — Sequest — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — Remove — — — — — — — — — — — — d Subtotal — — — — — — — — — — — — Daily, — — — — — — — Winter (Max) Avoided — — — — — — — — — — — — Subtotal — — — — — — — — — — — — Sequest — — — — — — — — — — — — ered Subtotal — City Council _ _ _ _ _26 — 168 _ _ 45/63 1 /16/2024 _ Vista Charter School Expansion Detailed Report, 7/26/2023 Remove — — — — — — — — — — — — — — — — — — Subtotal — — — — — — Annual — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — Remove — — — — — — — — — d Subtotal — — — — — — — — — — — — — — — — — — 4.10.4. Soil Carbon Accumulation By Vegetation Type - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — City Council 26 — 169 1/16/2024 46 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.10.5. Above and Belowground Carbon Accumulation by Land Use Type - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.6. Avoided and Sequestered Emissions by Species - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — — — — — — — Remove — — — — — — — — — — — — — — — d Subtotal — — — — — — — — — - - CRY Council — — — — —26 — 170 — — — — — — 1/1-6/2024 — — 47 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, Winter (Max) Avoided Subtotal Sequest ered Subtotal Remove d Subtotal Annual — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — — — — — — — Remove — — — — — — — — — — — — — — — — — — d Subtotal — — — — — — — — — — — — — — — 5. Activity Data 5.1. Construction Schedule Building Construction Building Construction 11/1/2023 2/29/2024 5.00 87.0 — Paving City oun�il Z 71 1/16/2024 48/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Architectural Coating Architectural Coating 5.2. Off -Road Equipment 5.2.1. Unmitigated Building Construction Cranes Diesel Building Construction Forklifts Diesel Building Construction Tractors/Loaders/Backh Diesel oes Paving Tractors/Loaders/Backh Diesel oes Paving Cement and Mortar Diesel Mixers Paving Pavers Diesel Paving Rollers Diesel Architectural Coating Air Compressors Diesel 5.2.2. Mitigated 5/1 /2024 6/30/2024 5.00 43.0 - Average 1.00 4.00 367 0.29 Average 2.00 6.00 82.0 0.20 Average 2.00 8.00 84.0 0.37 Average 1.00 7.00 84.0 0.37 Average 4.00 6.00 10.0 0.56 Average 1.00 7.00 81.0 0.42 Average 1.00 7.00 36.0 0.38 Average 1.00 6.00 37.0 0.48 Building Construction Cranes Diesel Average 1.00 4.00 367 0.29 Building Construction Forklifts Diesel Average 2.00 6.00 82.0 0.20 Building Construction Tractors/Loaders/Backh Diesel Average 2.00 8.00 84.0 0.37 oes Paving Tractors/Loaders/Backh Diesel Average 1.00 7.00 84.0 0.37 oes Paving Cement and Mortar Diesel Average 4.00 6.00 10.0 0.56 Mixers Paving FaAers City Council Diesel Average 26 - 172uu 1/16/20 49/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Paving Rollers Diesel Average 1.00 7.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.3. Construction Vehicles 5.3.1. Unmitigated Building Construction Building Construction Worker 2.24 18.5 LDA,LDT1,LDT2 Building Construction Vendor 1.15 10.2 HHDTMHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck — — HHDT Paving — — — — Paving Worker 17.5 18.5 LDA,LDT1,LDT2 Paving Vendor — 10.2 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck — — HHDT Architectural Coating — — — — Architectural Coating Worker 0.45 18.5 LDA,LDT1,LDT2 Architectural Coating Vendor — 10.2 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck — — HHDT 5.3.2. Mitigated Building Construction — Building ConstructionCity Council Worker 2.24 26 — 173 18.5 LDAPT64924 50/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Building Construction Vendor 1.15 10.2 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck — — HHDT Paving — — — — Paving Worker 17.5 18.5 LDA,LDT1,LDT2 Paving Vendor — 10.2 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck — — HHDT Architectural Coating — — — — Architectural Coating Worker 0.45 18.5 LDA,LDT1,LDT2 Architectural Coating Vendor — 10.2 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck — — HHDT 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies Non -applicable. No control strategies activated by user. 5.5. Architectural Coatings Architectural Coating 0.00 0.00 10,500 3,500 — 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name iviaieriai irnpvried kcy) iviaieriai r_xporiU ' " • i�cres uraded kacresj iviaieriai uemoiisned ksy. i • , Vista Charter School Expansion Detailed Report, 7/26/2023 Paving 0.00 0.00 5.6.2. Construction Earthmoving Control Strategies Water Exposed Area 3 5.7. Construction Paving General Office Building 0.00 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) kWh per Year • 2023 0.00 532 2024 0.00 532 5.9. Operational Mobile Sources 5.9.1. Unmitigated General Office 84.0 Building 5.9.2. Mitigated 15.5 4.90 22,962 0.00 74% 570 0.03 0.03 WE 0% 105 74% wl < 0.005 < 0.005 33.3 155,892 City Council 26 — 175 1/16/2024 52/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General Office 84.0 15.5 4.90 22,962 570 Building 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.1.2. Mitigated 5.10.2. Architectural Coatings C no 10,500 3,500 105 5.10.3. Landscape Equipment Snow Days day/yr 0.00 Summer Days day/yr 250 5.10.4. Landscape Equipment - Mitigated Snow Days Summer Days 5.11. Operational Energy Consumption City Council day/yr 0.00 day/yr 250 26 — 176 53/63 33.3 155,892 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N20 and Natural Gas (kBTU/yr) .all, • General Office Building 124,742 532 0.0330 5.11.2. Mitigated Electricity (kWh/yr) and CO2 and CH4 and N20 and Natural Gas (kBTU/yr) Electricity (kWh/yr)• M General Office Building 124,742 532 0.0330 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated General Office Building 5.12.2. Mitigated General Office Building 5.13. Operational Waste Generation 5.13.1. Unmitigated 1,244,136 1,244,136 Land Use -M M- General Office Building 6.51 City Council 26 — 177 54/63 0.0040 0.0040 29,770 29,770 177,425 177,425 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.13.2. Mitigated General Office Building 6.51 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated General Office Building Household refrigerators R-134a and/or freezers General Office Building Other commercial A/C R-410A and heat pumps 5.14.2. Mitigated General Office Building Household refrigerators R-134a and/or freezers General Office Building Other commercial A/C R-410A and heat pumps 5.15. Operational Off -Road Equipment 5.15.1. Unmitigated 5.15.2. Mitigated 1,430 0.02 0.60 0.00 1.00 2,088 < 0.005 4.00 4.00 18.0 1,430 0.02 0.60 0.00 1.00 2,088 < 0.005 4.00 4.00 18.0 55/63 1/1 Vista Charter School Expansion Detailed Report, 7/26/2023 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type Initial Acre - I E I Final Acres 56/63 Vista Charter School Expansion Detailed Report, 7/26/2023 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary Cal -Adapt midcentury 2040-2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise stronqlv throuqh 2050 and then plateau around 2100. Temperature and Extreme Heat 9.03 annual days of extreme heat Extreme Precipitation 3.50 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth Wildfire 1.31 annual hectares burned Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal -Adapt, 2040-2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about 3/4 an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal -Adapt (2040-2059 average under RCP 8.5), and consider different increments of sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions - - and temperature possibilities (MIR005F#t&hg%R9iiL 50 meters (m) by 50 m, or about 164 feet (ft) by 1t �t.— 180 1/16/2024 57/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal -Adapt (2040-2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIR005). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. 6.2. Initial Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 0 0 N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 0 0 N/A Wildfire 1 0 0 N/A Flooding N/A N/A N/A N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Air Quality Degradation 0 0 0 N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures. 6.3. Adjusted Climate Risk Scores Temperature and Extreme Heat 1 1 1 2 Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 1 1 2 Wildfire 1 1 1 2 Flooding N/A N/A N/A N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A City Council 26 — 181 1/16/2024 58/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Air Quality Degradation 1 1 1 2 The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures. 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores The maximum CalEnviroScreen score is 100. A hiah score (i Exposure Indicators AQ-Ozone AQ-PM AQ-DPM Drinking Water Lead Risk Housing Pesticides Toxic Releases Traffic Effect Indicators than 50) reflects a hiaher pollution burden compared to other census tracts in the state. 57.0 73.5 78.3 46.5 77.7 0.00 87.5 44.2 CleanUp Sites 94.8 Groundwater 0.00 Haz Waste Facilities/Generators 86.4 Impaired Water Bodies 0.00 Solid Waste FR 7 City Council 26 — 182 1/16/2024 59/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Sensitive Population Asthma 55.5 Cardio-vascular 45.8 Low Birth Weights 88.0 Socioeconomic Factor Indicators — Education 97.9 Housing 88.7 Linguistic 96.9 Poverty 92.8 Unemployment 49.9 7.2. Healthy Places Index Scores The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. Economic Above Poverty 5.41511613 Employed 49.83959964 Median HI 5.838573078 Education — Bachelor's or higher 10.61208777 High school enrollment 100 Preschool enrollment 45.81034262 Transportation — Auto Access 2.669061979 Active commuting 93.17336071 Social — 2-parent households City Council 26 — 183 1/16/2024 60/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Voting 4.401385859 Neighborhood — Alcohol availability 16.27101245 Park access 35.81419222 Retail density 96.35570384 Supermarket access 94.25125112 Tree canopy 20.51841396 Housing — Homeownership 5.800076992 Housing habitability 4.516874118 Low-inc homeowner severe housing cost burden 15.57808289 Low-inc renter severe housing cost burden 43.07712049 Uncrowded housing 1.680995765 Health Outcomes — Insured adults 1.860644168 Arthritis 54.3 Asthma ER Admissions 49.4 High Blood Pressure 58.0 Cancer (excluding skin) 87.6 Asthma 14.8 Coronary Heart Disease 23.5 Chronic Obstructive Pulmonary Disease 17.9 Diagnosed Diabetes 11.9 Life Expectancy at Birth 95.7 Cognitively Disabled 39.7 Physically Disabled 45.1 Heart Attack ER Admiccinnc 785 City Council 26 — 184 1/16/2024 61 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Mental Health Not Good 7.3 Chronic Kidney Disease 14.8 Obesity 19.9 Pedestrian Injuries 94.3 Physical Health Not Good 7.3 Stroke 17.3 Health Risk Behaviors — Binge Drinking 57.0 Current Smoker 9.3 No Leisure Time for Physical Activity 3.2 Climate Change Exposures — Wildfire Risk 0.0 SLR Inundation Area 0.0 Children 0.5 Elderly 69.3 English Speaking 1.3 Foreign -born 93.3 Outdoor Workers 21.6 Climate Change Adaptive Capacity — Impervious Surface Cover 11.1 Traffic Density 55.3 Traffic Access 23.0 Other Indices — Hardship 96.6 Other Decision Support — 2016 Voting 31.1 City Council 26 — 185 1/16/2024 62/63 Vista Charter School Expansion Detailed Report, 7/26/2023 7.3. Overall Health & Equity Scores CalEnviroScreen 4.0 Score for Project Location (a) 90.0 Healthy Places Index Score for Project Location (b) 12.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) Yes Project Located in a Low -Income Community (Assembly Bill 1550) Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. 7.4. Health & Equity Measures No Health & Equity Measures selected. 7.5. Evaluation Scorecard Health & Equity Evaluation Scorecard not completed. 7.6. Health & Equity Custom Measures No Health & Equity Custom Measures created. 8. User Changes to Default Data Construction: Construction Phases Construction: Architectural Coatings Operations: Vehicle Data As per the information provided. As per SCAQMD Rule 1113. As per VISTA HERITAGE GLOBAL ACADEMY EXPANSION TRIP GENERATION ASSESSMENT City Council 26 — 186 63/63 1 /16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT B NOISE DATA City Council 26 — 187 1/16/2024 Site Number: NM-1 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:08 AM Location: Northeast of Romero -Cruz Academy main building, southeast of the field Source of Ambient Noise: Traffic along Fairview Street Noise Data Leq (dB) LmaX(dB) Lmin (dB) 72.4 87.7 49.9 Category Type Vendor E ui ment Model Serial No. Cert. Date Note Sound Level Meter Bruel & Kjmr 2250 3011133 06/04/2023 Microphone Bruel & Kjaer 4189 3086765 06/04/2023 Sound Pream Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K mr 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: artly Cloud Note: dBA Offset = 0.01 Sensor Height ft : 5 ft Est. Wind Ave Speed (mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 188 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:08:36 End Time: 06/28/2023 11:18:36 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_001 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 72.4 87.7 49.9 Time 11:08:36 AM 11:18:36 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 189 1/16/2024 VCS_001 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:08:36 AM - 11:18:36 AM 100 90 80 70 60 50 40 30 20 10 0 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.3% Cumulative: 4.5% L1 = 81.9 dB L5 = 78.0 dB L10 = 75.9 dB L50 = 69.1 dB L90 = 56.1 dB L95 = 54.3 dB L99 = 52.1 dB dB City Council 26 — 190 1/16/2024 VCS_001 dB 140 120 100 80 60 40 — — — — — — 20 11:09:00 AM 11:11:00 AM 11:13:00 AM 11:15:00 AM 11:17:00 AM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:13:35 AM - 11:13:36 AM LAleq=61.7 dB LAFinax=61.7 dB LCpeak=82.4 dB LAFmin=60.5 dB VCS_001 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 61.7 61.7 60.5 Time 11:13:35 AM 0:00:01 Date 06/28/2023 City Council 26 — 191 1/16/2024 dB 06/28/2023 11:13:35 AM - 11:13:36 AM 140 120 100 80 60 40 20 0 12.50 31.50 63 _ LZeq Cursor: (A) Leq=61.1 dB VGS_001 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_001 Periodic reports dB 140 120 100 80 60 40 20 11:10:00 AM 11:20:00 AM 11:30:00 AM 11:40:00 AM 11:50:00 AM 12:00:00 PM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:08:36 AM - 12:08:36 PM LAleq=74.1 dB LAFinax=87.7 dB LCpeak=107.6 dB LAFmin=49.9 dB City Council 26 — 192 1/16/2024 VCS_001 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 74.1 87.7 49.9 Time 11:08:36 AM 0:10:00 Date 06/28/2023 City Council 26 — 193 1/16/2024 V c E VCS_001 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR na/9R/9n93 11 •nR•3R AM _ 11.1 R•3R AM I L1 = 81.9 dB L5 = 78.0 dB L10 = 75.9 dB L50 = 69.1 dB L95 = 54.3 dB L99 = 52.1 dB 1 4- I 1 4- 1 4- L- J 1 t-- I -L 1 L-1 1 L I I I 9n in 4n fin Rn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.3% Cumulative: 4.5% dB City Council 26 — 194 1/16/2024 Site Number: NM-2 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:26 AM Location: East of southern driveway access to Vista Heritage Global Academy Source of Ambient Noise: Traffic along 5th Street and Fairview Street Noise Data Leq (dB) Lmax(dB) Lmin (dB) 66.2 80.7 46.5 Equipment Category Type Vendor Model Serial No. Cert. Date Note Sound Level Meter Bruel & K'aar 2250 3011133 06/04/2023 Microphone Bruel & K mr 4189 3086765 06/04/2023 Sound Preamp Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K'aer 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: Partly Cloud Note: dBA Offset = 0.01 Sensor Height (ft): 5 ft Est. Wind Ave Speed mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 195 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:26:27 End Time: 06/28/2023 11:36:27 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_002 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 66.2 80.7 46.5 Time 11:26:27 AM 11:36:27 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 196 1/16/2024 vcs_002 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:26:27 AM - 11:36:27 AM 100 90 80 70 60 50 40 30 20 10 0 +I I L-J I LL I -L I L L L L L L I L I L Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.2% L1 = 76.2 dB L5 = 72.6 dB L10 = 70.4 dB L50 = 61.3 dB L90 = 53.4 dB L95 = 51.1 dB L99 = 48.2 dB dB City Council 26 — 197 1/16/2024 VCS_002 dB 140 120 100 r r 80 60 � r 40 — — L — — — — — — 20 11:27:00 AM 11:29:00 AM 11:31:00 AM 11:33:00 AM 11:35:00 AM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:31:26 AM - 11:31:27 AM LAleq=73.0 dB LAFinax=67.5 dB LCpeak=81.9 dB LAFmin=60.4 dB VCS_002 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 73.0 67.5 60.4 Time 11:31:26 AM 0:00:01 Date 06/28/2023 City Council 26 — 198 1/16/2024 dB 06/28/2023 11:31:26 AM - 11:31:27 AM 140 120 100 80 60 40 20 0 12.50 31.50 63 _ LZeq Cursor: (A) Leq=62.9 dB Vcs_002 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_002 Periodic reports dB 140 120 100 80 60 40 20 11:30:00 AM 11:40:00 AM 11:50:00 AM 12:00:00 PM 12:10:00 PM 12:20:00 PM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:26:27 AM - 12:26:27 PM LAIeq=68.6 dB LAFinax=80.7 dB LCpeak=100.6 dB LAFmin=46.5 dB City Council 26 — 199 1/16/2024 VCS_002 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 68.6 80.7 46.5 Time 11:26:27 AM 0:10:00 Date 06/28/2023 City Council 26 — 200 1/16/2024 V c E VCS_002 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR na/9R/9n93 11.9R•97 AM _ 11.3R•97 AM 1 4- 1 1 4II I L-J I t-- I -L I I --Ii i i i i 9n in 4n fin Fn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.2% L1 = 76.2 dB L5 = 72.6 dB L10 = 70.4 dB L50 = 61.3 dB L90 = 53.4 dB L95 = 51.1 dB L99 = 48.2 dB dB City Council 26 — 201 1/16/2024 Site Number: NM-3 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:45 AM Location: Cul-de-sac of West 7th Street Source of Ambient Noise: Traffic along Fairview Street Noise Data Leq (dB) Lmax(dB) Lmin (0) 51.1 79.6 41.1 Equipment Category Type Vendor Model Serial No. Cert. Date Note Sound Level Meter Bruel & K'aer 2250 3011133 06/04/2023 Microphone Bruel & K'aer 4189 3086765 06/04/2023 Sound Preamp Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K'aer 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: Partly Cloud Note: dBA Offset = 0.01 Sensor Height (ft): 5 ft Est. Wind Ave Speed mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 202 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:45:06 End Time: 06/28/2023 11:55:06 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_003 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 51.1 79.6 41.1 Time 11:45:06 AM 11:55:06 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 203 1/16/2024 VCS_003 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:45:06 AM - 11:55:06 AM 100 90 80 70 60 50 40 30 20 10 0 1 L 1 �I 1 4I I� �I LILLILIIL Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.0% L1 = 59.2 dB L5 = 53.7 dB L10 = 51.2 dB L50 = 45.6 dB L90 = 43.2 dB L95 = 42.7 dB L99 = 41.9 dB dB City Council 26 — 204 1/16/2024 VCS_003 dB 140 120 — — — — — — — — — — — — — — — — — — — 100 80 60 40 — — — — — — — — — — — — — — — — — 20 11:46:00 AM 11:48:00 AM 11:50:00 AM 11:52:00 AM 11:54:00 AM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:50:05 AM - 11:50:06 AM LAleq=48.2 dB LAFinax=48.3 dB LCpeak=68.4 dB LAFmin=47.6 dB VCS_003 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 48.2 48.3 47.6 Time 11:50:05 AM 0:00:01 Date 06/28/2023 City Council 26 — 205 1/16/2024 dB 06/28/2023 11:50:05 AM - 11:50:06 AM 140 120 100 80 60 40 20 0 12.50 31.50 _ LZeq Cursor: (A) Leq=47.9 dB VGS_003 63 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_003 Periodic reports dB 140 120 100 + 80 60 40 20 11:50:00 AM 12:00:00 PM 12:10:00 PM 12:20:00 PM 12:30:00 PM 12:40:00 PM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:45:06 AM - 12:45:06 PM LAIeq=58.6 dB LAFinax=79.6 dB LCpeak=90.1 dB LAFmin=41.1 dB City Council 26 — 206 1/16/2024 VCS_003 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 58.6 79.6 41.1 Time 11:45:06 AM 0:10:00 Date 06/28/2023 City Council 26 — 207 1/16/2024 V c E VCS_003 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR nR/9A19n93 11.AS-nR AM _ 11.5.ri•nr, AM fi l + + 1 4- 1-� 1 1 4- 1 � 4- I 9n in 4n fin Fn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.0% L1 = 59.2 dB L5 = 53.7 dB L10 = 51.2 dB L50 = 45.6 dB L90 = 43.2 dB L95 = 42.7 dB L99 = 41.9 dB dB City Council 26 — 208 1/16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT C TRIP GENERATION MEMO City Council 26 — 209 1/16/2024 URBAN I CROSSROADS DATE: July 24, 2023 TO: Ingrid Canedo, Red Hook Capital Partners FROM: Jose Alire/Robert Vu, Urban Crossroads, Inc. JOB NO: 14724D-02 TG Memo VISTA HERITAGE GLOBAL ACADEMY EXPANSION TRIP GENERATION ASSESSMENT Urban Crossroads, Inc. is pleased to provide the following Trip Generation Assessment for the Vista Heritage Global Academy Expansion development (Project), which is located at 601 North Fairview Street in the City of Santa Ana. The purpose of this assessment is to describe the proposed Project trip generation and provide a comparison to the existing building zoned as Light Manufacturing (M1). EXHIBIT A: PRELIMINARY SITE PLAN Council 26 — 210 1/16/2024 Ingrid Canedo, Red Hook Capital Partners July 24, 2023 Page 2 of 3 PROPOSED PROJECT The Project site currently contains an existing 5,837 square -foot industrial building that will be converted into an administrative office building. A 12,186 SF building was demolished and redeveloped into parking spaces as part of the expansion. In addition, the applicant is proposing to improve the site with 17,497 square feet of student outdoor spaces, on -site parking, and landscaping. Vista Heritage Global Academy is not increasing the maximum number of students with this expansion. TRIP GENERATION Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. In order to develop the traffic characteristics of the existing land use and the proposed Project, trip -generation statistics published in the ITE Trip Generation Manual (11 th Edition) were used. EXISTING USE As noted previously, the site is designated as Light Manufacturing (M1) and is currently developed with a 5,837 square foot industrial building on -site. The trip generation for the existing use is summarized in Table 1. As shown in Table 1, the existing industrial building generates a total of 28 two-way trips per day with 4 AM peak hour trips and 4 PM peak hour trips. Land Use Manufacturing Land Use Manufacturing TABLE 1: EXISTING USE TRIP GENERATION ITE z AM Peak Hour PM Peak Hour Units Daily LU Code In Out Total In Out Total 140 TSF 0.52 0.16 0.68 0.23 0.51 0.74 4.75 AM Peak Hour PM Peak Hour Daily Quantity UnitS2 In Out Total In Out Total 5.837 TSF 3 1 4 1 3 4 28 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. Z TSF = thousand square feet PROPOSED PROJECT The proposed Project includes the redevelopment of the existing building into a 5,764 school district office building. The trip generation summary illustrating daily, and peak hour trip generation estimates for the proposed Project are also summarized in Table 2. The proposed Project is anticipated to generate 84 two-way trips per day with 14 AM peak hour trips and 12 PM peak hour trips. V ur�r—�OSSROADS 26 — 211 141kA1Aq?4Aerno Ingrid Canedo, Red Hook Capital Partners July 24, 2023 Page 3 of 3 TABLE 2: PROPOSED PROJECT TRIP GENERATION SUMMARY ITE Z AM Peak Hour PM Peak Hour Units Daily Land Use LU Code In Out Total In Out Total School District Office 528 TSF 1.18 1.18 2.36 1.02 1.02 2.04 14.37 AM Peak Hour PM Peak Hour Daily Land Use Quantity UnitS2 In Out Total In Out Total School District Office 5.837 TSF 7 7 14 6 6 12 84 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. Z TSF = thousand square feet TRIP GENERATION COMPARISON Table 3 compares the trip generation of the proposed Project to the existing use (currently adopted). The resulting net change in trips is also identified in Table 3 and has been calculated by subtracting the existing use from the proposed Project. As shown, the Project is anticipated to generate a net increase of 56 two-way trips per day, 10 more AM peak hour trips, and 8 more PM peak hour trips as compared to the existing use. TABLE 3: TRIP GENERATION COMPARISON AM Peak Hour PM Peak Hour Land Use In Out Total In Out Total Daily Existing Use 3 1 4 1 3 4 28 Proposed Project 7 7 14 6 6 12 84 Net Change (Proposed - Existing) 4 6 10 5 3 8 56 FINDINGS The development of the proposed Project (school district office) is anticipated to generate more trips than the existing (currently approved) industrial use. The net increase in trip generation and total trips generated are below 50 peak hour trips. As such, additional traffic analysis beyond this trip generation assessment does not appear to be necessary as the effects on transportation operations (level of service) are not significant. If you have any questions or comments, I can be reached at rvu@urbanxroads.com. Respectfully submitted, URBAN CROSSROADS, INC. 1 Jose Alire, P.E. Senior Traffic Engineer Robert Vu, P.E. Transportation Engineer V ur�r—�OSSROADS 26 — 212 141kA1Aq?4Aerno Exhibit 8 - Community Meeting Documents M �' kx uan FY .` E kd March 10, 2023 Ms. Fernanda Arias Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA. 92702 RE: Submittal of March 6, 2023, Sunshine Meeting documents —Vista Charter Public Schools Dear Ms. Arias, On behalf of Vista Charter Public Schools and Red Hook Capital Partners, please find the enclosed materials required by the Sunshine Ordinance for the March 6, 2023 meeting for the Vista Charter Public Schools proposed zone change (amendment application) and amendments to the SD-82 zoning district at 601 N. Fairview Street. The following material are provided for your use: 1. Community meeting notice (English and Spanish) 2. List of property owners within 1000 feet of the site 3. List of occupants within 1000 feet of the site 4. The 1000-foot notification radius map 5. Proof of publication in the local newspaper 6. Meeting agenda 7. Sign -in sheet 8. Copy of the PowerPoint presentation for the meeting 9. Meeting minutes/Questions and answers This letter confirms, under penalty of perjury, that the required meeting, notifications and materials were prepared and distributed in accordance with the Sunshine Ordinance of the City of Santa Ana. Respectfully, Vince FregosC! o The Fregoso Group On behalf of Vista Charter Public Schools City Council 26 — 213 1/16/2024 SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE You are invited to attend a Community Meeting for the project described below: Subject: Amend the zoning of the northwest parcel from industrial to Specific Development No. 82 (SD-82) to be consistent with the majority of the parcel and to amend the Operational Standards of the SD-82 zoning to allow outdoor recreation areas. Spanish language translators will be available during the meeting. Location: 2609 West Fifth Street (Vista Heritage Bay 3 Cafeteria) Meeting Date: Monday, March 6, 2023 Meeting Time: 5:30 pm to 6:30 pm Meeting Location: Vista Heritage Bay 3 Cafeteria 2609 West Fifth Street Notification A Project Site: Meeting Site: For more information, contact Vince Fregoso at 714-904-4506 or Ingrid Canedo at 818-309-3664 City Council 26 — 214 1/16/2024 SUNSHINE ORDINANCE AVISO DE REUNION COMUNITARIA Esta invitado en asistir a una reunion comunitaria al trato del proyecto de desarrollo descrito en adelante: Prop6sito: Enmendar la zonificaci6n industrial de la propiedad ubicada en la parte noroeste de la escuela. El emendar la zonificacion Nu. 82 (SD-82) para que coincida con la parte mayoria del terreno junto, que viene siendo la escuela. La modificaci6n tambien agregara terminos generales a la zona SD-82 para incluir actividades fisicas al aire libre. Traductores en lenguaje espanol estardn presentes durante la reuni6n. Ubicaci6n: 2609 West Fifth Street (la cafeteria de bay 3 de Vista Heritage School) Fecha de reuni6n: Lunes, 6 de Marzo de 2023 Hora de reuni6n: 5:30 p. m. a 6:30 p. m. Lugar de reuni6n: La cafeteria de bay 3 de Vista Heritage School 2609 West Fifth Street Notification A Project Site: Meeting Site: Para m6s informaci6n, comuniquese con Vince Fregoso al 714-904-4506 o Ingrid Canedo al 818-309-3664 City Council 26 — 215 1/16/2024 #1 !, 004-152-01 !US MAPS 4 LESS ARMANDO & JOSEFINA E ESPARZA 2222 W 10TH ST �v�vr�.ratJirisntaps4less.cai�t ( (909) 997-9357 SANTA ANA CA 92703 ORDER NO: 2023-26 DATE:02109/2023 #3 004-152-10 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #6 004-152-13 ESTHER AVALOS MAFFEY 2225 W 9TH ST SANTA ANA CA 92703 #9 004-153-02 ESTELA LORA GUERRERO 2230 W 9TH ST SANTA ANA CA 92703 #12 004-153-05 REBECCA P CAMPOS 2218 W 9TH ST SANTA ANA CA 92703 #15 004-153-08 LONG TRAN 2206 W 9TH ST SANTA ANA CA 92703 #18 004-153-11 RODOLFO & STELLA LICERIO 2141 W CIVIC CENTER DR SANTA ANA CA 92703 #21 004-153-14 IGNACIO D GONZALES 2205 CIVIC CENTER DR WEST SANTA ANA CA 92703 #24 004-153-18 MASTAN INC 811 N FAIRVIEW ST SANTA ANA CA 92703 #27 004-183-02 CARLOS H PEREGRINA 2130 W 9TH ST SANTA ANA CA 92703 #4 004-152-11 HOLLY NHIHA LE 2217 W 9TH ST SANTA ANA CA 92703 #7 004-152-14 CANDIDA G OLIVAS 2229 W 9TH ST SANTA ANA CA 92703 #10 004-153-03 STEVEN HUU & TAMMY CHANH NGUYEN 6945 ALTAIR CT CORONA CA 92880 #13 004-153-06 TEODULO MONTIEL ADAME 2214 W 9TH ST SANTA ANA CA 92703 #16 004-153-09 DANIEL PEREZ & JILL E AVILA 2202 W 9TH ST SANTA ANA CA 92703 #19 004-153-12 NGOC TRAN 2145 W CIVIC CENTER DR SANTA ANA CA 92703 #22 004-153-16 SOUTHLAND HOMES REAL ESTATE & INVESTMENT 10448 SALINAS RIVER CIR FOUNTAIN VALLEY CA 92708 #25 004-153-20 EDELIRA MORENO 2209 W CIVIC CENTER DR SANTA ANA CA 92703 #28 004-183-03 VICTORIA FLORES RODRIGUEZ 2126 W 9TH ST SANTA ANA CA 92703 #2 004-152-09 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #5 004-152-12 ERIC R LOPEZ 2221 W 9TH ST SANTA ANA CA 92703 #8 004-153-01 WINSTON HUYNH 2234 W 9TH ST SANTA ANA CA 92703 #11 004-153-04 DIOSFORO & MARIA E SERNA 2222 W 9TH ST SANTA ANA CA 92703 #14 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BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 City Council 26 — 223 1/16/2024 #1 #2 #3 004-152-01 004-152-09 004-152-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W 10TH ST 2209 W 9TH ST 2213 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #4 #5 #6 004-152-11 004-152-12 004-152-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W 9TH ST 2221 W 9TH ST 2225 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #7 #8 #9 004-152-14 004-153-01 004-153-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2229 W 9TH ST 2234 W 9TH ST 2230 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #10 #11 #12 004-153-03 004-153-04 004-153-05 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 9TH ST 2222 W 9TH ST 2218 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #13 #14 #15 004-153-06 004-153-07 004-153-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 9TH ST 2210 W 9TH ST 2206 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #16 #17 #18 004-153-09 004-153-10 004-153-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 9TH ST 2137 W CIVIC CENTER DR 2141 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #19 #20 #21 004-153-12 004-153-13 004-153-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2145 W CIVIC CENTER DR 2201 W CIVIC CENTER DR 2205 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #22 #23 #24 004-153-16 004-153-17 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W CIVIC CENTER DR 2221 W CIVIC CENTER DR 809 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #24 #24 #24 004-153-18 004-153-18 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 811 N FAIRVIEW ST 813 N FAIRVIEW ST 815 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #25 #26 #27 004-153-20 004-183-01 004-183-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W CIVIC CENTER DR 2134 W 9TH ST 2130 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 224 1/16/2024 #28 #29 #30 004-183-03 004-193-15 004-183-16 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2126 W 9TH ST 2129 W CIVIC CENTER DR 2133 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #31 #32 #33 004-183-17 004-183-22 004-183-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2119 W CIVIC CENTER OR 2121 W CIVIC CENTER DR 2125 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #34 #35 #36 007-021-02 007-021-03 007-021-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 6TH ST 2321 W 6TH ST 2317 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #37 #38 #39 007-021-05 007-021-06 007-021-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2309 W 6TH ST 2307 W 6TH ST 2339 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #40 #41 #42 007-021-10 007-021-14 007-022-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2331 W 6TH ST 2333 W 6TH ST 2430 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #43 #44 #45 007-022-04 007-022-05 007-022-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2334 W 6TH ST 2328 W 6TH ST 2324 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #46 #47 #48 007-022-07 007-022-09 007-022-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2318 W 6TH ST 2304 W 6TH ST 2424 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #49 #50 #51 007-022-16 007-022-17 007-022-19 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 5TH ST 2317 W 5TH ST 2310 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #52 #53 #54 007-022-20 007-022-21 007-022-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2414 W 6TH ST 2418 W 6TH ST 2338 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #55 #56 #57 007-022-24 007-022-25 007-022-26 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2329 W 5TH ST SANTA ANA CA 92703 City Council 26 — 225 1/16/2024 #58 #59 #60 007-022-29 007-022-30 007-022-31 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2415 W 5TH ST 2301 W 5TH ST 2314 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #61 #62 #63 007-022-32 007-022-33 007-110-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2301 W 5TH ST 2315 W 5TH ST 2308 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #64 #65 #66 007-120-24 007-120-25 007-120-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2400 W 5TH ST 2401 CAPE COD WAY Al2 2350 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #67 #68 #69 007-120-27 007-120-28 007-120-43 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2351 CAPE COD WAY 2330 W 5TH ST 2341 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #70 #71 #72 007-120-44 007-120-46 007-120-48 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2331 CAPE COD WAY 2321 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 #73 #74 #75 007-121-01 007-121-02 007-121-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2430 W 5TH ST 2410 W 5TH ST 411 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #76 #77 #78 007-121-04 007-121-05 007-121-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 410 NANTUCKET PL 401 N SULLIVAN ST 400 NANTUCKET PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #79 #80 #81 007-121-07 007-121-08 007-121-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 321 N SULLIVAN ST 301 N SULLIVAN ST 2430 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #82 #83 #84 007-121-10 007-141-04 007-141-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2420 CAPE COD WAY 302 N SULLIVAN ST 2602 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #85 #86 #87 007-141-24 007-141-26 007-141-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2520 W 5TH ST 2518 W 5TH ST 408 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 226 1/16/2024 #88 #89 #90 007-141-31 007-141-35 007-141-42 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 406 N SULLIVAN ST 412 N SULLIVAN ST 402 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #91 #92 #93 007-141-66 007-141-67 007-141-76 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 419 N FAIRVIEW ST 401 N FAIRVIEW ST 308 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #94 #95 #96 007-141-77 007-142-01 007-351-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 404 N SULLIVAN ST 404 N FAIRVIEW ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #97 #98 #99 007-351-02 007-351-03 007-351-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 711 N FAIRVIEW ST 2230 W CIVIC CENTER DR 2226 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #100 #101 #102 007-351-05 007-351-06 007-351-07 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W CIVIC CENTER DR 2218 W CIVIC CENTER DR 2214 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #103 #104 #105 007-351-08 007-351-09 007-351-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2210 W CIVIC CENTER DR 2206 W CIVIC CENTER DR 2202 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #106 #107 #108 007-351-11 007-351-14 007-351-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2148 W CIVIC CENTER DR 2136 W CIVIC CENTER DR 2132 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #109 #110 #111 007-351-16 007-351-19 007-351-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2128 W CIVIC CENTER DR 2116 W CIVIC CENTER DR 2144 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #112 #113 #114 007-351-26 007-351-28 007-351-30 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2140 W CIVIC CENTER DR 2124 W CIVIC CENTER DR 2120 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #115 #116 #117 007-351-32 007-352-02 007-352-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2112 W CIVIC CENTER DR 2105 W 7TH ST 2109 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 227 1/16/2024 #118 #119 #120 007-352-04 007-352-05 007-352-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2113 W 7TH ST 2117 W 7TH ST 2121 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #121 #122 #123 007-352-07 007-352-08 007-352-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2125 W 7TH ST 2129 W 7TH ST 2133 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #124 #125 #126 007-352-10 007-352-11 007-352-12 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2137 W 7TH ST 2201 W 7TH ST 2205 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #127 #128 #129 007-352-13 007-352-14 007-352-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W 7TH ST 2213 W 7TH ST 2217 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #130 4131 #132 007-352-16 007-352-17 007-352-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2221 W 7TH ST 2225 W 7TH ST 2229 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #133 #134 #135 007-352-19 007-352-20 007-352-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2233 W 7TH ST 2237 W 7TH ST 2242 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #136 #137 #138 007-352-24 007-352-25 007-352-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2238 W 7TH ST 2234 W 7TH ST 2230 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #139 #140 #141 007-352-27 007-352-28 007-352-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 7TH ST 2222 W 7TH ST 2218 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #142 #143 #144 007-352-30 007-352-31 007-352-32 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 7TH ST 2210 W 7TH ST 2206 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #145 #146 #147 007-352-33 007-352-34 007-352-35 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 7TH ST 2138 W 7TH ST 2134 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 228 1/16/2024 #148 #149 #150 007-352-36 007-352-37 007-352-38 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2130 W 7TH ST 2126 W 7TH ST 2122 W 7TH ST SANTA ANA CA 92703 SANTA ANA £A 92703 SANTA ANA CA 92703 #151 #152 #153 007-352-39 007-352-40 007-352-41 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2118 W 7TH ST 2114 W 7TH ST 2110 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #154 #155 #156 007-352-42 007-352-46 198-151-35 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2106 W 7TH ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 #157 #158 #159 405-211-01 405-211-02 405-211-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 730 N FAIRVIEW ST 750 N FAIRVIEW ST 720 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #160 #161 #162 405-211-04 405-211-07 405-211-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 804 N FAIRVIEW ST 2502 W 9TH ST 2506 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #163 #164 #165 405-211-09 405-211-10 405-211-11 CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 2510 W 9TH ST 2520 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #166 #167 #168 405-211-12 405-211-13 405-211-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2526 W 9TH ST 2534 W 9TH ST 2604 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #169 #170 #171 405-211-15 405-211-16 405-211-17 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2608 W 9TH ST 2612 W 9TH ST 2616 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #172 #173 #174 405-211-18 405-211-19 405-211-20 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2620 W 9TH ST 2624 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #175 #176 #177 405-211-22 405-211-23 405-211-36 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 916 FAIRWAY 920 FAIRWAY SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 229 1/16/2024 #178 #179 #180 405-212-01 405-212-02 405-212-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2611 W 9TH ST 933 FAIRWAY 924 MARENGO PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #181 #182 #183 405-212-10 405-212-11 405-213-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2535 W 9TH ST 2605 W 9TH ST 1002 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #184 #185 #186 405-213-02 405-213-04 405-213-05 NO CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2517 W 9TH ST 2521 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #187 #188 4189 405-213-06 405-213-07 405-213-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 923 MARENGO PL 927 MARENGO PL 2507 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #190 #191 #192 405-221-01 405-221-02 405-221-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT NO CURRENT OCCUPANT #193 #194 #195 405-221-05 405-221-07 405-241-01 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2701 W 5TH ST SANTA ANA CA 92703 #196 #197 #19$ 405-241-01 405-241-02 405-241-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 501 N FAIRVIEW ST SANTA ANA CA 92703 #199 #199 #199 405-241-04 405-241-04 405-241-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 601 N FAIRVIEW ST 651 N FAIRVIEW ST 633 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #199 #199 #200 405-241-04 405-241-04 939-45-057 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 643 N FAIRVIEW ST 615 N FAIRVIEW ST 2519 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #201 #202 4203 939-45-057 939-45-058 939-45-058 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W STH ST 2511 W 5TH ST 2511 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 230 1/16/2024 #204 #205 #206 939-45-059 939-45-059 939-45-060 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2501 W 5TH ST 2501 W 5TH ST 2617 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #207 #208 #209 939-45-060 939-45-061 939-45-061 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2617 W 5TH ST 2609 W 5TH ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #210 #211 #212 939-45-062 939-45-062 939-45-063 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2601 W 5TH ST 2601 W 5TH ST 563 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 563 N FAIRVIEW ST 559 N FAIRVIEW ST 559 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 939-45-066 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 555 N FAIRVIEW ST 555 N FAIRVIEW ST 551 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #219 #220 #221 939-45-066 939-45-067 939-45-067 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 551 N FAIRVIEW ST 547 N FAIRVIEW ST 547 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 539 N FAIRVIEW ST 539 N FAIRVIEW ST 531 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #225 #226 #227 939-45-069 939-45-070 939-45-070 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 531 N FAIRVIEW ST 527 N FAIRVIEW ST 527 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #228 #229 #230 939-45-071 939-45-071 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 523 N FAIRVIEW ST 523 N FAIRVIEW ST 2501 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #230 #231 #231 939-45-072 939-45-072 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH ST 519 N FAIRVIEW ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 231 1/16/2024 #231 939-45-072 CURRENT OCCUPANT 523 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 563 N FAIRVIEW ST SANTA ANA CA 92703 #234 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 547 N FAIRVIEW ST SANTA ANA CA 92703 #232 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 #235 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 555 N FAIRVIEW ST SANTA ANA CA 92703 #233 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 City Council 26 — 232 1/16/2024 RADIUS MAP 1000' SUBJECT PROPERTY ADDRESS: 601 N. FAIRVIEW AVE., SANTAANA, CA92703 APN : 405-241-04 u 95 H H CO I Map Date: 2/9/2023 Graphic Data Source Orange County Geographic Information System Base Parcel Database (Derived from APN Maps) Coordinate System: NAD 1983 StatePlane California V FIPS O405 Feet Datum: North American 1983 ' / W 10TH ST Legend jV/ © ® Subject Property 1000' Radius Mailing Lisl W 9TH 2d 2� 9 U 11 12 13 14 95 16 2$ 27 4`28 22 25 21 27} 19 1$ 17 ;� f` S6 97 9s 134 155 135 136 147 W CIVIC CENTER DR W 7TH ST Latest equalized assessment rolls obtained from the Orange ORDER NO. 2023-26 County Assessor's Office through ParcelQuest, a vendor service on 2/9/2023 1 US MAPS 4 LESS MiNING + Ft•K44FERING 0 250 500 1,000 www,radlusolaps41ess.corn ! (909)997.9357 N City Council 26 — 233 1/16/2024 ORANGE COUNTY REPORTER SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Ingrid Canedo VISTA HERITAGE GLOBAL ACADEMY 2609 W. 5TH STREET SANTA ANA, CA 92703 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description Vista Sunshine Meeting Notice 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): 02/24/2023 An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. 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) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 uaii�iwiuiu OR# 3674151 26 — 234 1 /16/2024 AGENDA SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE Monday, March 6, 2023 1. Welcome & Overview: Collin Felch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies 2. Vista Heritage Global Academies Santa Ana Project Details: Team: Don Wilson, Don Wilson, Ed.D., Superintendent, Vista Heritage Global Academies & Collin Felch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies • Introduction to the Vista Organization • Purpose of District office Space • Purpose of Outdoor Site improvements • Why Santa Ana • Benefits on converting what was on parcel previously into what it can/will be & how does that benefit the community? 3. Land Use Team • Site Overview & Zoning: Vince Fergoso, Principal, The Fergoso Group • Lot Size • Current Zone & use • Proposed Zone Amendments: • Proposed Use • Requested Application • Next Steps & Where we are at 4. Architecture Team —Tony Pacheco -Taylor, AIA, LEED® AP, Studio W Architects, • Building Gross ftz • Exterior architectural Improvements • Site Accessibility modifications • Interior spaces • Interior Upgrades created during improvements • Architectural features • Overall site and structural improvements summary 5. Transportation Engineer & Robert Uv, Traffic Engineer, Urban Xroods 0 Previous Pick up and Drop off & Revised Pick up and Drop Off City Council 26 — 235 1/16/2024 SUNSHINE ORDINANCE SIGN IN SHEET Monday, March 6, 2023 NAME EMAIL PHONE iF. C-C-p QN I/ 4h -V-taq urwQUA4, • vj*t n- 7Lj -,"3 - oO C", City Council 26-236 1/16/2024 Vista Charter Public Schools District Office & Outdoor Space Coming 2024 u City Council 26 — 237 1/16/2024 Who we are: • Vista Charter Public Schools operates 6 free public charter schools in Los Angeles and Orange County serving a total of 1,500 students. C City Council 26 — 238 Purpose of District office Space: • Vista Charter Public Schools Headquarters • Host Monthly Board Meetings 1 /16/2024 Location: • 68% of VCPS student enrollment is currently in Orange County 5 ' I ST Vista District Office ACADEMY s CARVER ELEMENTARY SCHOOL ' GARFIELD ELEMENTARY SCHOOL � STREETCAR ROUTE MAINTENANCE AND 749 • STOP STORAGE F ACILITY(MSF) ONE-WAVTPAVEL ri • WILLOWICK: POTENTIAL FUTURE STOP dPh0WPutil6 $V•wtosancle 0 IANTATRANS ANA CIVIC CENTER DISTRICT TRANSPORTATION CENTER ORTATIREGIONALEN STATION DISTRICT LOSSAN RAIL CORRIDOR Cit TRICT & 26 — 239 Organizational Hub: • Auto shop acquisition created an opportunity to have a district office located next to our largest school. West Santa Ana Branch Transit Corridor 1 /16/2024 COMMUNITY IMPACT UA LIN , a. " . a Echo Entertaimen . . I '' i 55: 5z ni, i ?4rN w . i OUTDOOR SITE IMPROVEMENTS 17 I pill -t 'El �f4+,34 irk : J , Fr Wpx' dAr"�r 1ij+� J�.ir?' !73 ref Y a -i +�. � i_ x^ f�'"�,�.•tit ,y,�o�¢ 4�' � 4gd hw ��Ar,�t. r �r `y,' `� F; y�+5 i "R.,`• S+�Y� � Y"- V � t,t^�. n �' f r++.; AW 1 G . 2609 W. 5TH ST. & 601 N. FAIRVIEW PARCEL DIVISION AND PARKING DESIGNATION MAP ---''PARCEL4 E\CLL'SIV UILDIN _ c F1 • PARCEL 4 V. VEHICULAR INGRFSS/FGRFSS 1lI, I I I I I `I !i 3— i k VI•A ISn MPLO SHARED CXY EI PARKINGBUILDING C f7---3 L4i ABI;SINFSS PAPARKING Ei G lllll al'SISE�SS PARK R VISTA GLOBAL B ✓ M AC:ADEMIFS i _PARCEL 2 TE�PFo N — I U;s i r R — R ;BUILaNc D s — R VLSTArMMPLO SHARED --� PARKING- �II��II�I i 11 �lll��ill City Council -W16/2024 WEaT FIFTH A TART ENLARGED SITE PLAN • Additional lot to provide support functions (does not increase school capacity) • Provides 72 additional parking spaces/reduces impact to Business Park • Enhances student drop-off/pick-up functions • Encourages commercial use that is consistent with Business Park uses • Requires additional Sunshine Meeting (similar to this meeting) • Requires zone change for automotive parcel and amendment to Operational Standards to allow outdoor play area • Planning Commission review and recommendation • City Council action City Council 26 — 244 1 /16/2024 Ak 19'-4- AWAiSE'r- rm L J 1P rt WEST ELEVATION j 4.�.. -TO P-ARAPET PAINTED METAL CANOPY - KELLY MOORE BLACK - EAST ELEVATION 10.5 tr2OL �C 0' F.F. City Council 26 — 245 1/16/2024 10'-5 1 I .L) CA _ 19'-4" OL T.O. PARAPET 2 _ NVPY 6 3 7 F.F. NORTH ELEVATION SOUTH ELEVATION City Council 26 — 246 1/16/2024 CURRENT ROUTE (E) PAAICNG 3 r Ayy� J EXISTING Hy� BUKEIING 1I7� t (NOT 7N Z e e SCOPEI r g LN) PUBLIC ELFMEATfnRY z C11AflTER SOiOOL EWING e BUILDING iUP a ._ INOT IN -_ SCOPE) ,I.� Di Veh-de Circulation Bus Circulation e' Personal vehicle loading zone Bus loading zone EXISTING BUILDING INOT IN SCOPE) (WI Sth St 02 JA I VISTA HERITAGE CHARTER SCHOOL EXPANSION I TRAFFIC IMPACT ANALYSIS EXISTING - BIALOING INOT IN = SCOPE) _ 103 t PROPOSED ROUTE IN 5TH ST City Council 26 — 247 1/16/2024 CURRENT ROUTE IQ PAAICNG 1 � EIIRTING BUILDING SCOPEI '� (E) WAREHOUSE - Bl11lAING IiDNED SO-07] < j?11 PUBLK ELENiENTAAT ' EXISTING CHARTER SCHOOL � c n e BUIICNC w [Nat M scam v Dl Vehicle Circulation Rus Circulaton — Personal vehicle loading zone B� Bus loading zone EXISTING BUILDING (NOT N SCDPEI -'~ STIEXI NG = auLoING - ENOT IN — SDDPE) (w) sth s� ID3 3A I VISTA HERITAGE CHARTER SCHOOL EXPANSION I TRAFFIC IMPACT ANALYSIS PROPOSED ROUTE \ \ \ \ (E) BOLLARDS. TYP. DROP OFF REF:BIA5.1 SITE PLAN -TURN AROUND ANALYSIS 1"=20'-0" 1 v 72'-2' J City Council 26 — 248 1/16/2024 �III!'iiiliilliiill II IIII I I Il I diillllllllllllllllllll��iin��, 1 THANK Y City Council Vista Charter Public Schools Sunshine Ordinance Meeting Notes -- March 6, 2023 Q: Where will the outside play area be located? A Where the parking lot directly behind the building is currently located. Q: How big is the play area? A: Unsure. We will check and follow-up. Q: Will the play area affect the flow of traffic? A: No plans to impact the existing traffic flows. The Fairview Avenue curb cut will be used by the new office tenant. Q: Where is the playground located on the master site plan? A: Playground area was pointed out on the map. Q: Why is the zoning being changed? A: To allow an office use that is 100 percent office - the current M-1 zoning does not allow a building that is 100 percent office. Also, we are proposing to amend the operational standards and allow an outdoor play area (currently prohibited). Q: What fencing is proposed? A: Fencing to secure the outdoor play area and outdoor learning area will be installed (fencing identified on the site p(an) Q: Concerns with trucks (up to 50 feet in length) being able to turn west to Fairview Street with the change in circulation A: Will look at ways to accommodate truck traffic City Council 26 — 250 1/16/2024 Q: Concerns that the project may impact and/or violate existing CC&R's A: Both the school and the association will separately look at the CC&Rs for any impacts to the document. Q: Will fencing separate the children's play area from vehicular traffic? A: Yes Q: Concerns with the safety of students and existing pinch points at the south and west ends of the parking lot adjacent to the school and industrial building. A: Traffic engineer to review pinch points and identify potential solutions Q: Project needs to consider potential parking violations by Templo Calvario A: Will work with the City to identify any potential violations of existing entitlements Q: What is the timing of the project? A: School would like to have all improvements completed by beginning of 2024 school year Q: Why outside playground now when original approval had indoor play area only? A: Will provide response at Eater date City Council 26 — 251 1/16/2024 THE FREGOSO GROUP May 31, 2023 Ms. Fernanda Arias Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA. 92702 RE: Submittal of May 15, 2023, Second Sunshine Meeting documents — Vista Charter Public Schools Dear Ms. Arias, On behalf of Vista Charter Public Schools and Red Hook Capital Partners, please find the enclosed materials required by the Sunshine Ordinance for the May 15, 2023 second Sunshine Meeting for the Vista Charter Public Schools proposed zone change (amendment application) and amendments to the SD-82 zoning district at 601 N. Fairview Street. The following material are provided for your use: 1. Community meeting notice (English and Spanish) 2. List of property owners within 1000 feet of the site 3. List of occupants within 1000 feet of the site 4. The 1000-foot notification radius map S. Proof of publication in the local newspaper 6. Meeting agenda 7. Sign -in sheet 8. Copy of the PowerPoint presentation for the meeting 9. Meeting minutes/Questions and answers This letter confirms, under penalty of perjury, that the required meeting, notifications and materials were prepared and distributed in accordance with the Sunshine Ordinance of the City of Santa Ana. Respectfully, Vince Fregoso The Fregoso Group On behalf of Vista Charter Public Schools City Council 26 — 252 1/16/2024 SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE You are invited to attend a Community Meeting for the project described below: Subject: Amend the zoning of the northwest parcel from Industrial to Specific Development No. 82 (SD-82) to be consistent with the majority of the parcel and to amend the Operational Standards of the SD-82 zoning to allow outdoor recreation areas. Spanish language translators will be available during the meeting. Location: 2609 West Fifth Street (Vista Heritage Bay 2 Cafeteria) Meeting Date: Monday, May 25, 2023 Meeting Time: 6:30 pm to 7:30 pm Meeting Location: Vista Heritage Bay 3 Cafeteria 2609 West Fifth Street Notification Area: Project Site: Meeting Site: For more Information, contact Vince Fregoso at 714-904-4506 or Ingrid Canedo at 818-309-3664 City Council 26 — 253 1/16/2024 SUNSHINE ORDINANCE AVISO DE REUNION COMUNITARIA Esta invitado a asistir a una reunion comunitaria para del proyecto descrito a continuacion: Proposito. Modificar la zonificacion industrial de la propiedad ubicada en la parte noroeste de la escuela de la zona industrial a desarrollo especifico No. 82 (SD-82) para que coincida con la mayor parte del terreno junto, que viene siendo la escueia. La modificacion tambidn agregara terminos generales a la zona SD-82 para incluir actividades fisicas al afire fibre. Traductores en lenguaje espanol estarAn presentes durante la reunion. Ubicaclon: 2609 West Fifth Street (la cafeteria de bay 2 de Vista Heritage School) Fecha de reunion: Lunes, 15 de Mayo de 2023 Hora de reunion: 6:30 p. m. a 7:30 p. m. Lugar de reunion: La cafeteria de bay 3 de Vista Heritage School 2609 West Fifth Street Area de Notificacioi Sitio de Projecto: Sito de Reunion: Para mcis informacion, comuniquese con Vince Fregoso al 714-904-4506 o Ingrid Canedo al 818-309-3664 City Council 26 — 254 1/16/2024 #1 004-152-01 IUS MAPS 4 LESS ARMANDO & JOSEFINA E ESPARZA r'LA?0411;G .2222 W 107H ST W mi-radiusmaos4less.com 1 (909) 997-9357 SANTA ANA CA 92703 ORDER NO: 2023-26 DATE: 02/09/2023 #3 004-152-10 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #6 004-152-13 ESTHER AVALOS MAFFEY 2225 W 9TH ST SANTA ANA CA 92703 #9 004-153-02 ESTELA LORA GUERRERO 2230 W 9TH ST SANTA ANA CA 92703 #12 004-153-05 REBECCA P CAMPOS 2218W9TH ST SANTA ANA CA 92703 #15 004-153-08 LONG TRAN 2206 W 9TH ST SANTA ANA CA 92703 #18 004-153-11 RODOLFO & STELLA LICERIO 2141 W CIVIC CENTER DR SANTA ANA CA 92703 #21 004-153-14 IGNACIO D GONZALES 2205 CIVIC CENTER DR WEST SANTA ANA CA 92703 #24 004-153-18 MASTAN INC 811 N FAIRVIEW ST SANTA ANA CA 92703 #27 004-183-02 CARLOS H PEREGRINA 2130 W 9TH ST SANTA ANA CA 92703 #4 0D4-152-11 HOLLY NHIHA LE 2217 W 9TH ST SANTA ANA CA 92703 #7 004-152-14 CANDIDA G OLIVAS 2229 W 9TH ST SANTA ANA CA 92703 #10 004-153-03 STEVEN HUU & TAMMY CHANH NGUYEN 6945 ALTAIR CT CORONA CA 92880 #13 004-153-06 TEODULO MONTIELADAME 2214 W 9TH ST SANTA ANA CA 92703 #16 004-153-09 DANIEL PEREZ & JILL E AVILA 2202 W 9TH ST SANTA ANA CA 92703 #19 004-153-12 NGOC TRAN 2145 W CIVIC CENTER DR SANTA ANA CA 92703 #22 004-153-16 SOUTHLAND HOMES REAL ESTATE & INVESTMENT 10448 SALINAS RIVER CIR FOUNTAIN VALLEY CA 92708 #25 004-153-20 EDELIRA MORENO 2209 W CIVIC CENTER DR SANTA ANA CA 92703 #28 004-183-03 VICTORIA FLORES RODRIGUEZ 2126 W 9TH ST SANTA ANA CA 92703 #2 004-152-09 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #5 004-152-12 ERIC R LOPEZ 2221 W 9TH ST SANTA ANA CA 92703 #8 004-153-01 WINSTON HUYNH 2234 W 9TH ST SANTA ANA CA 92703 #11 004-153-04 DIOSFORO & MARIA E SERNA 2222 W 9TH ST SANTA ANA CA 92703 #14 004-153-07 ANTONIO RODRIGUEZ TRUJILLO 2210 W 9TH ST SANTA ANA CA 92703 #17 004-153-10 RICARDO H & ANA L HARO 2137 CIVIC CENTER DR WEST SANTA ANA CA 92703 #20 004-153-13 ANDY 0 MUNOZ 2019 VALENCIA ST SANTA ANA CA 92706 #23 004-153-17 JUAN D & CAROLYN E MEDRANO 2221 W CIVIC CENTER DR SANTA ANA CA 92703 #26 004-183-01 SERGIO MORENO JUAREZ 2134 W 9TH ST SANTA ANA CA 92703 #29 004-183-15 ANDREW JONATHAN & DIANA ROSE MUNOZ 2129 W CIVIC CENTER DR SANTA ANA CA 92703 City Council 26 — 255 1/16/2024 #30 #32 004-183-16 004-183-17 DAVID NGUYEN MICHAEL B MATTINGLEY 3361 RURAL CIR 4006 CALLE MARLENA CORONA CA 92882 SAN CLEMENTE CA 92672 #33 #34 004-183-24 007-021-02 REYNALDO & ZOILA VERGARA TURN HOANG NGUYEN 2125 CIVIC CTR 7662 LEHIEN PL SANTA ANA CA 92703 WESTMINSTER CA 92683 #36 #37 007-021-04 007-021-05 NESTOR ALEJANDRES GEORGE 8 COBARRUVIA 2317 6TH ST 2309 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #39 #40 007-021-08 007-021-10 JOSE & YOLANDA ZAVALA TUNG DINH PHAN 2339 6TH ST 14822 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6TH ST SANTA ANA CA 92703 #38 007-021-06 EUGENEJONES 12921 ROSALIND DR SANTA ANA CA 92705 #41 007-021-14 JPACIFIC INTERNATIONAL 13043 BACH WAY CERRITOS CA 90703 TR6TH SA GARDEN #44 007-022-05 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #47 007-022-09 JAKE J YOON 2301 5TH ST SANTA ANA CA 92703 #50 007-022-17 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #53 007-022-21 LA RIVA ROSIE V DE 2418 6TH ST SANTA ANA CA 92703 #56 007-022-25 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #59 007-022-30 JAKE 1 YOON 23015TH ST SANTA ANA CA 92703 City Council 26 — 256 1/16/2024 #60 #61 #62 007-022-31 007-022-32 007-022-33 MICHAEL A MAD ZOEFF JAKE J YOON MICHAEL A MAD ZOEFF 211 MARIGOLD AVE 2301 5TH ST 211 MARIGOLD AVE CORONA DEL MAR CA 92625 SANTA ANA CA 92703 CORONA DEL MAR CA 92625 #63 #64 #65 007-110-01 007-120-24 007-120-25 KEVIN OVERGAAUW RICK D KAGASOFF T R KIRWAN 2308 5TH ST 2023 HELIOTROPE 5133 LORELEI AVE SANTA ANA CA 92703 SANTA ANA CA 92706 LAKEWOOD CA 90712 #66 #67 #68 007-120-26 007-120-27 007-120-28 JOSE LUIS CHOCOTECO CHARLES A HATFIELD CHUNG-YEN & YEN -LING HHANG 1002 ROSITA ST 25852 PECOS RD 19819 MT SCHELIN CIR SANTA ANA CA 92703 LAGUNA HILLS CA 92653 FOUNTAIN VALLEY CA 92708 #69 #70 #71 007-120-43 007-120-44 007-120-46 KELLY E CHAPMAN KELLY E CHAPMAN DION C CHAPMAN 24242 SANTA CLARA AVE 11 24242 SANTA CLARA AVE 11 30442 BENECIA DANA POINT CA 92629 DANA POINT CA 92629 LAGUNA NIGUEL CA 92677 #72 #73 #74 007-120-48 007-121-01 007-121-02 ORANGE COUNTY TRANSIT RICK D KAGASOFF FIFTH STREET CAPITAL WEST P O BOX 3005 2023 HELIOTROPE 55 FANLIGHT GARDEN GROVE CA 92840 SANTA ANA CA 92705 IRVINE CA 92620 #75 #76 #77 007-121-03 007-121-04 007-121-05 MARANATHA REAL ESTATE HOLDINGS LLC HBBF RICK D KAGASOFF 411 SULLIVAN ST 410 NANTUCKET PL 2023 HELIOTROPE DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92706 #78 #79 #80 007-121-06 007-121-07 007-121-08 RICK D KAGASOFF CYMC LLC CYMC LLC 2023 HELIOTROPE 321 SULLIVAN ST 301 SULLIVAN ST SANTA ANA CA 92705 SANTA ANA CA SANTA ANA CA 92703 #81 #82 #83 007-121-09 007-121-10 007-141-04 CYMC LLC RICK D KAGASOFF CHRIS R SOLDAN 2430 CAPE COD WAY 2023 HELIOTROPE DR 7243 CAMBRIA CIR SANTA ANA CA 92703 SANTA ANA CA 92706 ORANGE CA 92869 #84 #85 #86 007-141-11 007-141-24 007-141-26 SPACE PROPERTIES TWO LLC EXTRA PHUC VIET TRAN RICK D KAGASOFF 2795 COTTONWOOD PKWY #400 126 MAXINE ST 2023 HELIOTROPE SALT LAKE CITY UT 84121 SANTA ANA CA 92703 SANTA ANA CA 92706 #87 #88 #89 007-141-29 007-141-31 007-141-35 W& M PROPERTIES W& M PROPERTIES F C B PROPERTIES 1479 MUSTANG AVE 1479 MUSTANG AVE 6138 JAMESALAN ST ORANGE CA 92869 ORANGE CA 92869 CYPRESS CA 90630 City Council 26 — 257 1/16/2024 #90 #91 #92 007-141-42 007-141-66 007-141-67 CHRIS R SOLDAN MAS LLC YIA ANA MINI STORAGE SANTA 7243 CAMBRIA CIR 16741 GLENHAVEN LN 5901 ENCINA RD C-5 ORANGE CA 92869 HUNTINGTON BEACH CA 92647 GOLETA CA 93117 #93 #94 #95 007-141-76 007-141-77 007-242-01 CHRIS R SOLDAN W & M PROPERTIES GOODWILL INDUSTRIES OF ORANGE COUNTY 7243 CAMBRIA CIR 1479 MUSTANG AVE CA ORANGE CA 92869 ORANGE CA 92869 410 FAIRVIEW ST SANTA ANA CA 92703 #96 #97 #98 D07-351-01 007-351-02 007-351-03 MOHAMMAD ARAFEEN QUERASHI MOHAMMAD ARAFEEN QUERASHI MARIA FLORES 6633 PASEO FIESTA DR 6633 PASEO FIESTA DR 2230 CIVIC CENTER DRIVE WEST ANAHEIM HILLS CA 92703 ANAHEIM HILLS CA 92703 SANTA ANA CA 92701 #99 #100 #101 007-351-04 007-351-05 007-351-06 JOHN A MONREAL KENNY QUYEN LIEU EZEQUIEL SEGURA 2226 CIVIC CENTER DR WEST 2222 CIVIC CENTER DR 2218 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #102 #103 #104 007-351-07 007-351-08 007-351-09 RODRIGO SANTIAGO PACHECO REYMUNDO & EVA M DOMINGUEZ JOSE PATINO 2214 CIVIC CENTER DR 2210 CIVIC CENTER DR WEST 2206 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #105 #106 #107 007-351-10 007-351-11 007-351-14 NHUT NGOC NGUYEN RAYMOND M ZAMORA NOE & MIREYA VARGAS 801 COURTNEY 2148 CIVIC CENTER DR WEST 2136 CIVIC CENTER DR FULLERTON CA 92833 SANTA ANA CA 92703 SANTA ANA CA 92703 #108 #109 #110 007-351-15 007-351-16 007-351-19 ANDRES FLORES VINA PROPERTIES FAUSTO MACHADO 2132 CIVIC CTR 7241 WESTMINSTER BLVD 2116 CIVIC CENTER DR WEST SANTA ANA CA 92703 WESTMINSTER CA 92683 SANTA ANA CA 92703 #111 #112 #113 007-351-24 007-351-26 007-351-28 VENA & JULIE F SCANLAN EPIFANIO GONZALEZ ALEJANDRO GAVINA 2144 CIVIC CENTER DR 2140 CIVIC DR 2124 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #114 #115 #116 007-351-30 007-351-32 007-352-02 CONSTANTINO SALINAS RODRIGUEZ JOSE D ORTIZ CHRISTOPHER A OVIEDO 2120 CIVIC CENTER DRIVE WEST 2112 CIVIC CENTER DR 2105 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #117 #118 #119 007-352-03 007-352-04 007-352-05 ESTEVAN N RAMIREZ ROGELIO SILVA LUIS MELCHOR PENALOZA 2110 7TH ST 2113 7TH ST 2117 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 258 1/16/2024 #120 #121 #122 007-352-06 007-352-07 007-352-08 JARELY MELCHOR HUAN NGUYEN RAUL LOPEZ 21217TH ST 2125 7TH ST 2129 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #123 #124 #125 007-352-09 007-352-10 007-352-11 YANLING SUN JAIME MUNOZ SIMONA M PERALES 2133 7TH ST 1730 WASHINGTON 22017TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #126 #127 #128 007-352-12 007-352-13 007-352-14 ROMAN ANTHONY REYNA JOANNA L PETERSON HECTOR MELENDEZ 2205 7TH ST 2533 HESPERIAN ST 2213 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #129 #130 #131 007-352-15 007-352-16 007-352-17 SERGIO GASCA MANRIQUEZ MACXIMILLIANO P CEBALLOS ELVA MENDEZ 2217 7TH ST 2221 17TH ST 2225 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #132 #133 #134 007-352-18 007-352-19 007-352-20 FERNANDO RODRIGUEZ CHAVEZ VICTOR MANUEL PEREZ JOSE V VALDEZ 2229 7TH ST 2233 7TH ST 2237 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #135 #136 #137 007-352-23 007-352-24 007-352-25 THACH JADE HOANG CHUONG MAI JUAN DIAZ 2242 7TH ST 2238 7TH ST 2234 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #138 #139 #140 007-352-26 007-352-27 007-352-28 ROBERT ANTHONY FLORES CATHY L BUENDIA RACHEL CAMACHO 2230 7TH ST 2226 7TH ST 1242 CEDAR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92707 #141 #142 #143 007-352-29 007-352-30 007-352-31 CATALINA & JOSE A ANDRADE JOHNNY C NGUYEN ESTHER C GONZALEZ 2218 7TH ST 2214 7TH ST 2210 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #144 #145 #146 007-352-32 007-352-33 007-352-34 KHIET DO MARGARITA CORTES LILIANA FAUSTO 2206 7TH ST 2202 7TH ST 2138 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #147 #148 #149 007-352-35 007-352-36 007-352-37 BRAD & WENDY PEIKERT BRAD & WENDY PEIKERT ENRIQUE PENA 2130 7TH 5T 2130 7TH ST 2126 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 259 1/16/2024 #150 #151 #152 007-352-38 007-352-39 007-352-40 ISRAEL VERGARA ALVAREZ ISRAEL & ELEAZER MONTES VERGARA AGUSTIN & MARICELA ANAYA 2122 7TH ST 2118 7TH ST 2114 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #153 007-352-41 ESTEVAN N RAMIREZ 2110 7TH ST SANTA ANA CA 92703 #156 198-151-35 KIM EAR KUONG 12636 CASA BONITA PL VICTORVILLE CA 92392 #159 405-211-03 SCHOOL SANTA ANA UNIFIEDDISTRICT 1601 CHESTNUT AVE SANTA ANA CA 92701 #162 405-211-08 ROSA MENDIVIL 1424 LOWELLST SANTA ANA CA 92706 #165 405-211-11 LUIS B & MARIA D L RODRIGUEZ 2520 9TH ST SANTA ANA CA 92703 #168 405-211-14 DANH C NGUYEN 2606 9TH ST SANTA ANA CA 92703 #171 405-211-17 ALFREDA & PABLO JUAREZ 2618 9TH ST SANTA ANA CA 92703 #174 405-211-20 BERTRAM F RUDOLPH P 0 BOX 2302 CARMEL CA 93921 #177 405-211-36 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #154 007-352-42 EDNA L MEJIA 1239 BAKER ST SANTA ANA CA 92707 #157 405-211-01 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #160 405-211-04 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #163 405-211-09 THAI JENNIFER LOAN 9350 BOLSA AVE SPC 58 WESTMINSTER CA 92683 #166 405-211-12 JUAN JUAREZ HERNANDEZ 2528 9TH ST SANTA ANA CA 92703 #169 405-211-15 MAIRA & NOEL ISRAEL AYALA 1718 TURQUOISE DR CORONA CA 92882 #172 405-211-18 NGUYEN VIET CAO 16576 MTTODD ST FOUNTAIN VALLEY CA 92708 #175 405-211-22 TAI VAN LAM 11460 VIA PLAYA CORTES WAY SAN DIEGO CA 92124 #178 405-212-01 MY TRAN DUE LUU 9509 PRICHARD ST BELLFLOWER CA 90706 #155 007-352-46 MOHAMMAD ARAFEEN QUERASHI 6633 PASEO FIESTA DR ANAHEIM HILLS CA 92703 #158 405-211-02 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #161 405-211-07 GERALD L HIGDON 12692 BONITA HEIGHTS DR SANTA ANA CA 92705 #164 405-211-10 ORVILLE N ROSEBEARY 16461 VENUS DR WESTMINSTER CA 92683 #167 405-211-13 FELIX CIBRIAN 2534 9TH ST SANTA ANA CA 92703 #170 405-211-16 IRMA OROZCO 11858 MAYFLOWER CIR FOUNTAIN VALLEY CA 92708 #173 405-211-19 RODOLFO MUNOZ 2624 9TH ST SANTA ANA CA 92703 #176 405-211-23 SOUTHLAND HOMES REAL 10448 SALINAS RIVER CI FOUNTAIN VALLEY CA 92708 #179 405-212-02 GUADALUPE OLEA 933 FAIR WAY SANTA ANA CA 92703 City Council 26 — 260 1/16/2024 #180 #181 #182 405-212-09 405-212-10 405-212-11 MARCELINO & EUSTOLIA JUAREZ TENTH DO MANUEL GARCIA RIZO 924 MARENGO PL 422 MAXINE ST 2607 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92704 SANTA ANA CA 92703 #183 405-213-01 DENISE LE 1002 FAIRVIEW ST SANTA ANA CA 92703 #186 405-213-05 CUAUHTEMOC FERNANDEZ 25219TH ST SANTA ANA CA 92703 #189 405-213-14 OF SANTA ANA CITY 20 CIVIC CENTER PLAZA M-30 SANTA ANA CA 92701 #192 405-221-03 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #195 405-241-01 PARCEL HOLD #198 405-241-03 KITCHENS QOZB FAIRVIEW 402 OCEAN VIEW AVE ENCI N ITAS CA 92024 #201 939-45-057 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #204 939-45-059 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #207 939-45-060 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #184 405-213-02 DENISE LE 1002 FAIRVIEW ST SANTA ANA CA 92703 #187 405-213-06 RAYMOND CC YANG 2628 DEEGAN OR SANTA ANA CA 92704 #190 405-221-01 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #193 405-221-05 ORANGE COUNTY TRANSIT P O BOX 3005 GARDEN GROVE CA 92840 #196 405-242-01 PARCEL HOLD #199 405-241-04 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #202 939-45-059 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #205 939-45-059 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #208 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #185 405-213-04 JORGE G FRUTOS 2517 9TH ST SANTA ANA CA 92703 #188 405-213-07 DIANA MELINA VALENZUELA PEREZ 927 MARENGO PL SANTA ANA CA 92703 #191 405-221-02 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #194 405-221-07 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #197 405-241-02 ORANGE COUNTY TRANSIT P 0 BOX 3005 GARDEN GROVE CA 92840 #200 939-45-057 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #203 939-45-058 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #206 939-45-060 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #209 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 City Council 26 — 261 1/16/2024 #210 #211 #212 939-45-062 939-45-062 939-45-063 2609 W 5TH STREET 2609 W 5TH STREET GENERATION TILE & MARBLE NEW 2900 TEMPLE ST 2900 TEMPLE ST 563 FAIRVIEW ST LOS ANGELES CA 90026 LOS ANGELES CA 90026 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 GENERATION TILE & MARBLE NEW WILBERT MARRUFO WILBERT MARRUFO 563 FAIRVIEW ST 559 FAIRVIEW ST 559 FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 939-45-066 WILBERT MARRUFO WILBERT MARRUFO DHANANIAYA N MHASKAR 555 FAIRVIEW ST 555 FAIRVIEW ST 3972 BARRANCA PKWY J158 SANTA ANA CA 92703 SANTA ANA CA 92703 IRVINE CA 92606 #219 #220 #221 939-45-066 939-45-067 939-45-067 DHANANIAYA N MHASKAR SCOTTY LEE SCOTTY LEE 3972 BARRANCA PKWY J158 13791 DIEPPE CIR 13791 DIEPPE CIR IRVINE CA 92606 GARDEN GROVE CA 92843 GARDEN GROVE CA 92843 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURTIS & BETTY TOM CURTIS & BETTY TOM EN HONG & JANG LAN SHEN 24982 LUNA BONITA DR 24982 LUNA BONITA DR 3314 MEADOWRIDGE LAGUNA HILLS CA 92653 LAGUNA HILLS CA 92653 ORANGE CA 92867 #225 #226 #227 939-45-069 939-45-070 939-45-070 EN HONG & JANG LAN SHEN EDWARD DONLEY EDWARD DONLEY 3314 MEADOWRIDGE 19432 CLOVER 19432 CLOVER ORANGE CA 92867 SANTA ANA CA 92705 SANTA ANA CA 92705 #228 #229 #230 939-45-071 939-45-071 939-45-072 BARRY J UNCK BARRY J EINCK ROBERT C HUNT 14681 DAN BERRY CIR 14681 DANBERRY CIR 28371 MODJESKA CANYON RD TUSTIN CA 92780 TUSTIN CA 92780 MODJESKA CA 92676 #231 #232 #233 939-45-072 939-45-073 939-45-073 ROBERT C HUNT TAI TAN PHAM TAI TAN PHAM 28371 MODJESKA CANYON RD 302 TULIP TREE AVE 302 TULIP TREE AVE MODJESKA CA 92676 ORANGE CA 92865 ORANGE CA 92865 #234 939-45-074 HANH BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 #235 939-45-074 HANH BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 City Council 26 — 262 1/16/2024 #1 #2 #3 004-152-01 004-152-09 004-152-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W 10TH ST 2209 W 9TH ST 2213 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #4 #5 #6 004-152-11 004-152-12 004-152-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W 9TH ST 2221 W 9TH ST 2225 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #7 #8 #9 004-152-14 004-153-01 004-153-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2229 W 9TH ST 2234 W 9TH ST 2230 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #10 #11 #12 004-153-03 004-153-04 004-153-05 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 9TH ST 2222 W 9TH ST 2218 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #13 #14 #15 004-153-06 004-153-07 004-153-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 9TH ST 2210 W 9TH ST 2206 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #16 #17 #18 004-153-09 004-153-10 004-153-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 9TH ST 2137 W CIVIC CENTER DR 2141 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #19 #20 #21 004-153-12 004-153-13 004-153-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2145 W CIVIC CENTER DR 2201 W CIVIC CENTER DR 2205 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #22 #23 #24 004453-16 004-153-17 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W CIVIC CENTER DR 2221 W CIVIC CENTER OR 809 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #24 #24 #24 004-153-18 004-153-18 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 811 N FAIRVIEW ST 813 N FAIRVIEW ST 815 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #25 #26 #27 004-153-20 004-183-01 004-183-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W CIVIC CENTER DR 2134 W 9TH ST 2130 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 263 1/16/2024 #28 #29 #30 004-183-03 004-183-15 004-183-16 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2126 W 9TH ST 2129 W CIVIC CENTER DR 2133 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #31 #32 #33 004-183-17 004-183-22 004-183-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2119 W CIVIC CENTER DR 2121 W CIVIC CENTER DR 2125 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #34 #35 #36 007-021-02 007-021-03 007-021-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 6TH ST 2321 W 6TH ST 2317 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #37 #38 #39 007-021-05 007-021-06 007-021-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2309 W 6TH ST 2307 W 6TH ST 2339 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #40 #41 #42 007-021-10 007-021-14 007-022-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2331 W 6TH ST 2333 W 6TH ST 2430 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #43 #44 #45 007-022-04 007-022-05 007-022-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2334 W 6TH ST 2328 W 6TH ST 2324 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #46 #47 #48 007-022-07 007-022-09 007-022-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2328 W 6TH ST 2304 W 6TH ST 2424 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #49 #50 #51 007-022-16 007-022-17 007-022-19 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 5TH ST 2317 W 5TH ST 2310 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #52 #53 #54 007-022-20 0D7-022-21 007-022-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2414 W 6TH ST 2418 W 6TH ST 2338 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #55 #56 #57 007-022-24 007-022-25 007-022-26 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2329 W 5TH ST SANTA ANA CA 92703 City Council 26 — 264 1/16/2024 #58 #59 #60 007-022-29 007-022-30 007-022-31 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2415 W 5TH ST 2301 W STH ST 2314 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #61 #62 #63 007-022-32 007-022-33 007-110-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2301 W 5TH ST 2315 W 5TH ST 2308 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #64 #65 #66 007-120-24 007-120-25 007-120-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2400 W STH ST 2401 CAPE COD WAY Al2 2350 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #67 #68 #69 007-120-27 007-120-28 007-120-43 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2351 CAPE COD WAY 2330 W STH ST 2341 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #70 #71 #72 007-120-44 007-120-46 007-120-48 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2331 CAPE COD WAY 2321 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 #73 #74 #75 007-121-01 007-121-02 007-221-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2430 W STH ST 2410 W 5TH ST 411 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #76 #77 #78 007-121-04 007-121-05 007-121-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 410 NANTUCKET PL 401 N SULLIVAN ST 400 NANTUCKET PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #79 #80 #81 007-121-07 0D7-121-08 007-121-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 321 N SULLIVAN ST 301 N SULLIVAN ST 2430 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #82 #83 #84 007-121-10 007-141-04 007-141-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2420 CAPE COD WAY 302 N SULLIVAN ST 2602 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #85 #86 #87 007-141-24 007-141-26 007-141-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2520 W 5TH ST 2518 W STH ST 408 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 265 1/16/2024 #88 #89 #90 007-141-31 007-141-35 007-141-42 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 406 N SULLIVAN ST 412 N SULLIVAN ST 402 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #91 #92 #93 007-141-66 007-141-67 007-141-76 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 419 N FAIRVIEW ST 401 N FAIRVIEW ST 308 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #94 #95 #96 007-141-77 007-142-01 007-351-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 404 N SULLIVAN ST 404 N FAIRVIEW ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #97 #98 ##99 007-351-02 007-351-03 007-351-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 711 N FAIRVIEW ST 2230 W CIVIC CENTER DR 2226 W CIVIC CENTER OR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #100 #101 #102 007-351-05 007-351-06 007-351-07 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W CIVIC CENTER DR 2218 W CIVIC CENTER DR 2214 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #103 #104 #105 007-351-08 007-351-09 007-3S1-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2210 W CIVIC CENTER DR 2206 W CIVIC CENTER DR 2202 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #106 #107 #108 007-351-11 007-351-14 007-351-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2148 W CIVIC CENTER DR 2136 W CIVIC CENTER DR 2132 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #109 #110 #111 007-351-16 007-351-19 007-351-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2128 W CIVIC CENTER DR 2116 W CIVIC CENTER DR 2144 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #112 #113 #114 007-351-26 007-351-28 007-351-30 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2140 W CIVIC CENTER DR 2124 W CIVIC CENTER DR 2120 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #115 #116 #117 007-351-32 007-352-02 007-352-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2112 W CIVIC CENTER DR 2105 W 7TH ST 2109 W 7TN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 266 1/16/2024 #118 #119 #120 007-352-04 007-352-05 007-352-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2113 W 7TH ST 2117 W 7TH ST 2121 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #121 #122 #123 007-352-07 007-352-08 007-352-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2125 W 7TH ST 2129 W 7TH ST 2133 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #124 #125 #126 007-352-10 007-352-11 007-352-12 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2137 W 7TH ST 2201 W 7TH ST 2205 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #127 #128 #129 007-352-13 007-352-14 007-352-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W 7TH ST 2213 W 7TH ST 2217 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #130 #131 #132 007-3S2-16 007-352-17 007-352-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2221 W 7TH ST 2225 W 7TH ST 2229 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #133 #134 #135 007-352-19 007-352-20 007-352-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2233 W 7TH ST 2237 W 7TH ST 2242 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #136 #137 #138 007-352-24 007-352-25 007-352-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2238 W 7TH ST 2234 W 7TH ST 2230 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #139 #140 #141 007-352-27 007-352-28 007-352-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 7TH ST 2222 W 7TH ST 2218 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #142 #143 #144 007-352-30 007-352-31 007-352-32 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 7TH ST 2210 W 7TH ST 2206 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #145 #146 #147 007-352-33 007-352-34 007-352-35 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 7TH ST 2138 W 7TH ST 2134 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 267 1/16/2024 #148 #149 #150 007-352-36 007-352-37 007-352-38 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2130 W 7TH ST 2126 W 7TH ST 2122 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #151 #152 #153 007-352-39 007-352-40 007-352-41 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2118 W 7TH ST 2114 W 7TH ST 2110 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #154 #155 #156 007-352-42 007-352-46 198-151-35 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2106 W 7TH ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 #157 #158 #159 405-211-01 405-211-02 405-211-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 730 N FAIRVIEW ST 750 N FAIRVIEW ST 720 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #160 #161 #162 405-211-04 405-211-07 405-211-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 804 N FAIRVIEW ST 2502 W 9TH ST 2506 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #163 #164 #165 405-211-09 405-211-10 405-211-11 CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 2510 W 9TH ST 2520 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #166 #167 #168 405-211-12 405-211-13 405-211-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2526 W 9TH ST 2534 W 9TH ST 2604 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #169 #170 #171 405-211-15 405-211-16 405-211-17 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2608 W 9TH ST 2612 W 9TH ST 2616 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #172 #173 #174 405-211-18 405-211-19 405-211-20 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2620 W 9TH ST 2624 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #175 #176 #177 405-211-22 405-211-23 405-211-36 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 916 FAIR WAY 920 FAIR WAY SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 268 1/16/2024 #178 #179 #180 405-212-01 405-212-02 405-212-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2611 W 9TH ST 933 FAIRWAY 924 MARENGO PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #181 #182 #183 405-212-10 405-212-11 405-213-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2535 W 9TH ST 2605 W 9TH ST 1002 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #184 #185 #186 405-213-02 405-213-04 405-213-05 NO CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2517 W 9TH ST 2521 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #187 #188 #189 405-213-06 405-213-07 405-213-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 923 MARENGO PL 927 MARENGO PL 2507 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #190 #191 #192 405-221-01 405-221-02 405-221-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT NO CURRENT OCCUPANT #193 #194 #195 405-221-05 405-221-07 405-241-01 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2701 W 5TH ST SANTA ANA CA 92703 #196 #197 #198 405-241-01 405-241-02 405-241-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 501 N FAIRVIEW ST SANTA ANA CA 92703 #199 #199 #199 405-241-04 405-241-04 405-241-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 601 N FAIRVIEW ST 651 N FAIRVIEW ST 633 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #199 #199 #200 405-241-04 405-241-04 939-45-057 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 643 N FAIRVIEW ST 615 N FAIRVIEW ST 2519 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #201 #202 #203 939-45-057 939-45-058 939-45-058 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH 5T 2511 W 5TH ST 2511 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 269 1/16/2024 #204 #205 #206 939-45-059 939-45-059 939-45-060 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2501 W 5TH ST 2501 W 5TH ST 2617 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #207 #208 #209 939-45-060 939-45-061 939-45-061 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2617 W 5TH ST 2609 W 5TH ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #210 #211 #212 939-45-062 93945-062 939-45-063 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2601 W 5TH ST 2601 W 5TH 5T 563 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 563 N FAIRVIEW ST 559 N FAIRVIEW ST 559 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 93945-066 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 555 N FAIRVIEW ST 555 N FAIRVIEW ST 551 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #219 #220 #221 939-45-066 939-45-067 939-45-067 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 551 N FAIRVIEW ST 547 N FAIRVIEW ST 547 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 539 N FAIRVIEW ST 539 N FAIRVIEW ST 531 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #225 #226 #227 939-45-069 939-45-070 939-45-070 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 531 N FAIRVIEW ST 527 N FAIRVIEW ST 527 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #228 #229 #230 939-45-071 939-45-071 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 523 N FAIRVIEW ST 523 N FAIRVIEW ST 2501 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #230 #231 #231 939-45-072 939-45-072 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH ST 519 N FAIRVIEW ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 270 1/16/2024 #231 939-45-072 CURRENT OCCUPANT 523 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 563 N FAIRVIEW ST SANTA ANA CA 92703 #234 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 547 N FAIRVIEW ST SANTA ANA CA 92703 #232 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 #235 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 555 N FAIRVIEW ST SANTA ANA CA 92703 #233 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 City Council 26 — 271 1/16/2024 RADIUS MAP 10009 SUBJECT PROPERTY ADDRESS: 601 N. FAIRVIEW AVE., SANTAANA, CA92703 AP N: 405-241-04 Map Date: 2/9/2023 Graphic Data Source Orange County Geographic Information System Base Parcel Database (Derived from APN Maps) Coordinate System: NAD 1963 StatePlane California V FIPS O405 Feet Datum: North American 1983 Legend 6 P • III /� �E ` IIIIIIIIIIII, Latest equalized assessment rolls obtained from the Orange County Assessor's Office through ParcelQuest, a vendor service on 2/9/2023 /'� 0 250 500 1,D00 N Feet ORDER NO. 2023-26 IUS MAPS 4 LESS PLANNING + ENGINEERIhIG www.radiusmaps4less.com I (9o9) 997.93s7 City Council 26 — 272 1/16/2024 ORANGE COUNTY REPORTER -- SINCE 1921 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 643 2027 1 Fax (714) 542-6541 Ingrid Canedo VISTA HERITAGE GLOBAL ACADEMY 2609 W. 5TH STREET SANTA ANA, CA - 92703 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: Vista Sunshine Meeting Notice 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 cleric 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 Callfomla by the Superior Court of the County of ORANGE, State of Celtfomla, under date 0612011922. 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: 05/0512023 Executed on: 051OW023 At Los Angeles, Callfamla I certify (or declare) under penalty of perjury that the foregoing Is true and correct. OR#: 3698354 This space far fW" stamp only City Council 26 — 273 1/16/2024 AGENDA SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE Monday, May 15, 2023 1. Welcome & Overview: Collin Fetch, Ed.D., Assistant Super intendent, Vista Heritage Global Academies 2. Vista Heritage Global Academies Santa Ana Project Details: Slides 1-5) Team: Collin Fetch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies • Introduction to the Vista Organization (Slides 1-2) • Why Santa Ana (Slide 3) • Benefits of converting parcel 4 from what it previously was into what it can/will be. (Slide 4) • How does that benefit the community? (Slide 5) 3. Land Use Team: (Slides 6-7) Vince Fergoso, Principal, The Fergoso Group • Project Details (Slide 6) • Current Zone & use (Slide 6) • Proposed Zone Amendments (Slide 6) • Proposed Use (Slide 6) • Requested Application (Slide 6) • Next Steps & Where we are at (Slide 6) • Parking Distribution per CC & R (Slide 7) 4. Architecture Team: (Slides 8-10) Tony Pacheco -Taylor, AIA, tEED®AP, Studio W Architects, • Updated site plan (Slide 8) • Exterior architectural improvements (Slide 8) ■ Ft' of outdoor areas ■ Architectural features • Upgrades from development (Slide 8) ■ Landscaping ■ Pedestrian • Accessibility ■ Aesthetic — Elevations (Slides 9-10) 5. Traffic Team: (Slides 11-12) Robert Uv, Traffic Engineer, Urban Xroads • Changes to pick up and drop off queue (Slide 11) • Changes in routing to pick up and drop off circulation (Slide 12) City Council 26 — 274 1/16/2024 UNSHINE ORDINANCE SIGN IN SHEET Monday, May 15, 2023 NAME I EMAIL PHONE ^ J i D 1 - #2 u1�. 657+ // �a b1 Y � N b. C�►y)�-!3 -�s33 1N t X ' P'laYY Vvti1m 1gH1 h�4 1 Cl H - e2i -- 76 / S - City Counci 26 — 275 1 /16/2024 V vn CL O � O �— V O o 025 t mo v M L cli � City Council 26 — 276 1/ U_ Z. � C CL O N qj tto 4- a LG) M 4-1-1 12 '� C aj M 4, CL 0 to v Q CD U Cn CD N Ln- 0 L O 4-0as o City Council 26 - 277 1 IW V m O O V U N � N O m M R > = -r O O m "5C _ CL N C Q N W O 0 m m O • znv Me ` A4.� - a L � s tl3 � pg c � • as � CL Cg ti v U U iG S a fG JyTY 00 • �, 1/16 02 1 .. City Council �Q6 — 278 ivw,3 ;; z;, Q) G O O :N v —Ne m OL- m CL a� O V C Rf 4-+ .0 •� G' 4 a--+ O m V) Q1 cu C O a--+ • v) C O V N - m E ...► CL ,� m C •E � C U v C C .� O CID i \ C C > to `_� V)G COC taA v O cu C O `O Q. m 1O •� C O •� CU 0 O O v E .4 O N O m U C O V O t pU 2 V) U 'a C O `a � <( U Q- W W C: • • • • • City Council 26 - 281 RS m O O O 0 V) 1 /16/2024 86-284292 City Council 26 — 282 1/16/2024 z W W caC J z w z 0 a LLJ w IL b LL I ?A I LL bLL City Council W H 2 = 0 a (_ . . . . . . ..... I , 26 — 285 1 /16/2024 uI D O W Z w (9 Z Q 2 V w Ln O a O W- a .r i I A7FIY 471117Wd fl) 9N1j Wd0) M 0 U 3i r LLJ y Council 26 - 286 1/16/2024 w H O O W IA O a O cc a w H oOc H LU City C :S'�(�,� aY14, --91 mvd (3113) 1 !, 7 26 - 287 I, - 024 Vista Charter Public School Sunshine Ordinance Meeting No. 2 Meeting Notes — May 15, 2023 Follow Up Meeting — May 23, 2023 Q: How will access be provided for our large trucks? A. We are still reviewing options for meeting the school's needs while maintaining truck access. At the follow up meeting on 5/23, Vista presented a new revised a new circulation plan that demonstrated the neighbor's concerns of how larger vehicles moved through the park. The revised plan will be submitted to the city for further review. Q: Will the plans be revised to provide truck access? A: If changes are made, the plans will be revised and will be resubmitted to the city. The plans have since been revised to demonstrate access for larger commercial vehicles. Q: How can you gate off the alley if there are reciprocal easements? A: A review of the easements does not show specific truck easements between the properties, We have a team continuing to review documents related to easements, and the business park should do the same. This issue has been resolved in the redesign reflected in the latest site plans. Q: The truck issue was raised at the first meeting. Why wasn't it addressed? A: The plans for the site are still evolving, and we couldn't address the truck issue until we finalized the site plan for the school. With this feedback, we will be able to address the issue and will have a separate meeting to review the revised plans. The issue has been since resolved and communicated on 5/23. Q: How big is the old auto building/new office building? A: The building is approximately 5,800 square feet in size. The demolished auto mechanic structure was approximately ±11,000 square ft. City Council 26 — 289 1/16/2024 Q: Is the building one or two stories in height? A: The building is one story in height but does contain a small (1,200 square foot) mezzanine. Q: How many will be working in the building? A: Approximately 10 employees will occupy the building. Q: Parking needs to be reverified as there will not be 70 new parking spaces on the north parcel but more like 15. A: The 64 new spaces referred to are the number of stalls on the north parcel that will now be available for the industrial park to utilize. These spaces were previously exclusive to the former automotive uses. Approximately 44 spaces will be new as they will be where the demolished building was located. Q: What is the maximum size of truck that will be studied? A: We will be looking at turning movements for 50-foot long trucks. Q: The 2019 approved SD prohibited outdoor play areas. Why the changes to allow an outdoor play area now? A: A combination of factors such as typical schools have outdoor play areas, families prefer outdoor areas, an lessons learned from covid are led to the decision to pursue an outdoor play area. Q: Our biggest concern besides truck circulation is we can't find a parking spot. A: The revised site plan will provide additional parking opportunities for the industrial park to use. Q: Will this project move forward if we can't address the truck circulation issue? A: We still intend to find a solution that works for all parties. However, the plan will be to move forward if an acceptable option is not found. City Council 26 — 290 1/16/2024 r 86-284222 Exhibit 9 - Parcel Map in Recording 86-284222 C.1--- `4 \ - 4 t�4 � T j T T _Z Cm r_ N gn Ui Q ;'f1FCTi, 41 � 4. der I W r City ounce — 29 1 1/16/2024 Order: 58602205755 Page 11 of 11 Requested By: NextAce TPXML Login , Printed: 8/19/2022 8:26 AM Doc: 1986-284222 AGREAS 07-02-1986 3. AMENDMENT APPLICATION NO. 2023-04 AND ZONING ORDINANCE AMENDMENT NO. 2023-03 FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET LOCATED WITHIN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT. Project Applicant: Enrique Diaz with Red Hook Capital Partners, LLC (Applicant) on behalf of Vista Heritage Charter Schools (Property Owner) Proposed Project: Applicant is requesting approval of Amendment Application (AA) No. 2023-04 (Zone Change) and Zoning Ordinance Amendment (ZOA) No. 2023-03, to rezone the subject property from Light Industrial (M1) to Specific Development No. 82 (SD-82), expand the boundaries of SD-82 to include the subject property, and to modify SD-82 to allow Administrative Offices as a permitted use and Outdoor Play Areas as a permitted use, ancillary to schools. The requested approvals would accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Heritage Charter School, and allow an outdoor play area adjacent to the existing school. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt under Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023-40 will be filed for this project. Recommended Action: 1. Recommend that the City Council adopt an Application (Zone Change) No. 2023-04. 2. Recommend that the City Council adopt Ordinance Amendment (ZOA) No. 2023-03. ordinance approving Amendment an ordinance approving Zoning City Council 26 — 292 1/16/2024 Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report December 11, 2023 Topic: AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street. RECOMMENDED ACTION 1. Recommend that the City Council adopt an ordinance approving Amendment Application (Zone Change) No. 2023-04. 2. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2023-03 as conditioned. EXECUTIVE SUMMARY Enrique Diaz with Red Hook Capital Partners, LLC, representing Vista Heritage Charter Schools, is requesting approval of Amendment Application (Zone Change) No. 2023-04 and Zoning Ordinance Amendment (ZOA) No. 2023-03, to rezone 601 North Fairview Street (APN: 405-241-04) and expand the boundaries of Specific Development No. 82 (SD-82) to accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Charter School. Approval of the amendment application will allow the change for the zoning of the subject property from Light Industrial (M 1) to SD-82. Furthermore, the zoning ordinance amendment will expand the boundaries of SD-82, and allow Administrative Offices as a permitted use on Parcel 4, and Outdoor Play Areas as a permitted use ancillary to schools on Parcel 2. Staff is recommending approval of the requests subject to conditions of approval that will address any potential negative impacts on the neighboring land uses. Moreover, staff is supporting the applicant's request because the project complies with the General Plan goals and policies and with the applicable zoning district's development standards. The proposed project seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe, and creative environment. City Council 26 — 293 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 2 DISCUSSION Project Description The amendment application will allow the rezoning of the subject property from M1 to SD- 82 and help facilitate the conversion of a 5,837-square-foot industrial building into an administrative office that will serve Vista Heritage Charter School. Furthermore, the proposed administrative office will serve as headquarters for Vista Heritage Charter School that will oversee a total of six charter schools and it will employ a total of ten individuals that are currently employed at different Vista Heritage Charter Schools. The SD-82 boundaries would be expanded to include the subject property (601 N. Fairview Street or Parcel 4 as illustrated on Exhibit 9), which is approximately 39,437 square feet and located north of the existing SD-82 zoning district, and adjacent to Fairview Street and the Pacific Electric right-of-way (ROW). As part of the overall scope of work, the applicant also proposes various site improvements at the subject site on Parcel 4, including improved landscape in the parking lot; a fagade remodel to the existing 5,837-square-foot industrial building that is proposed to be converted into an office; construction of a new 2,297-square-foot garden; and new gates to enclose the garden. The new proposed garden will be located in the rear of the existing industrial building to be converted into an administrative office within a gated area and it will serve the Vista Heritage Charter School administrative office employees. Additionally, the building improvements for the converted office building will include fagade modifications to create new glass windows and doors; removal of the garage doors; and the creation of new offices, conference rooms, reception area, storage rooms, and an employee breakroom. Furthermore, the scope of work includes improvements at the Vista Heritage Charter School location (2501 W. Fifth Street or Parcel 2 as illustrated on Exhibit 9) for a new outdoor play area that totals 12,012 square feet and gates to enclose the play area. The existing indoor gym and office spaces will remain for indoor recreation and physical education for the students and administrative purposes, without any proposed changes. The outdoor play area will be located directly adjacent to Vista Heritage Charter School on the north side of the building and will serve as a play area for the school's students during the school's regular business hours. Lastly, the site improvements include a metal wire fence that will be installed by Orange County Transit Authority (OCTA) along north property line adjacent to the OC Street Car tracks. At this time, there is no additional square footage being proposed. All the proposed improvements will fall within the existing building. The current student enrollment is 840 students and there is no expansion of student enrollment or school capacity proposed as part of the project. City Council 26 — 294 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 3 Table 1: Project and Location Information Item Information Project Address and Council Ward 601 North Fairview Street — Ward 5 Nearest Intersection Fairview Street and Fifth Street General Plan Designation Industrial/Flex-Medium (Flex-1.5) Existing Zoning Designation Light Industrial (M1) Proposed Zoning Designation Specific Development No. 82 (SD-82) Surrounding Land Uses North Pacific Electric Right -of -Way (ROW)/OCT Streetcar and School District Offices East Pacific Electric Right -of -Way (ROW)/OCT Streetcar South Vista Heritage Charter School and Industrial Businesses West Lydia Romero -Cruz Academy Property Size 0.905 Acres (39,437 square feet) Existing Site Development The subject site contains a one-story, 5,837-square-foot building. Existing Site Uses Auto repair uses to be converted into administrative uses. Tenant Size 5,837 square feet Use Permissions Amendment to allow Administrative Offices as a permitted use on Parcel 4, and Outdoor Play Areas as a permitted use ancillary to schools on Parcel 2, within the SD-82 and subject toopera ional standards. Zoning Code Sections Affected Uses SAMC Section 41-593 and SD-82 Operational Standards SAMC Section 41-593 and SD-82 Table 2: Development Standards Standard Required by SAMC and SD-82 Provided Permitted Uses Administrative Offices on Parcel Complies: The administrative office 4; and Outdoor Play Areas as a building is 5,837 square feet is permitted use ancillary to located on Parcel 4, and the Outdoor schools on Parcel 2 Play Area is located on Parcel 2. Walls and Screening Roof equipment shall be Complies: New roof mounted screened. mechanical equipment will be screened with a parapet wall. Additionally, the line -of -sight illustrates that the equipment will not be visible to pedestrians in the new vicinity. Landscaping 10-foot wide landscape area is Complies: the site plan illustrates a required along north property 10-foot wide landscape area along line and landscaped planter shall the north property line and landscape meet the commercial landscape planters that comply with commercial standards landscape standards. Parking Per previous entitlements, the Complies: The site plan illustrates 293 site must contain a minimum of parking spaces. 287 parking spaces. City Council 26 — 295 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 4 Standard Required by SAMC and SD-82 Provided Floor Area Ratio FAR 1.5 maximum I Complies: 0.14 FAR Project Background On October 6, 2008, the City Council approved several entitlements for the Civic Center Business Park located at the northeast corner of Fifth Street and Fairview Street, including Amendment Application No. 2008-06 (Ordinance No. NS-2777). The amendment application allowed for a zone change of the business park site from M1 to SD-82. The request was initiated by the Templo Calvario Assembly of God Church, which at the time was proposing to expand their worship facilities by constructing a larger sanctuary at 2501 West Fifth Street. However, the specific development still allowed for the retention of the existing office, retail, and industrial uses operating in the business park, by allowing all uses within the Light Industrial (M1) zoning district. Subsequently, on January 21, 2020, the City Council approved additional entitlements affecting the business park, including ZOA No. 2019-01 (Ordinance No. NS-2983), to allow school uses by right. Prior to the approval of ZOA No. 2019-01, school uses had been in operation at the business park. Specifically, Templo Calvario operated a preschool and kindergarten at 2609 West Fifth Street since the 1990s. In 2003, the Edward B. Cole Senior Academy occupied the site until it relocated to another Santa Ana location in 2010. From 2011 to 2015, Templo Calvario once again operated a school at this location. In 2015, Vista Heritage Charter School took over operations at the site. In 2019, Vista Heritage Charter School expanded their 6-8th grade operation located at 2609 W. Fifth Street to include kindergarten through 5th grades within two adjacent suites, pursuant to approval of ZOA No. 2019-01, which also allowed an increase in student enrollment and school operations. Currently, Vista Heritage Charter School occupies approximately 66,000 square feet of building space and accommodates a maximum of 870 students, at 2601 through 2617 West Fifth Street. Project Analysis The proposed project aims to achieve two primary objectives. First, the zoning ordinance amendment is seeking to expand the boundaries of SD-82 and allow an Administrative Office use on Parcel 4, and an Outdoor Play Areas on Parcel 2, as an ancillary use to the Vista Heritage Charter School. Second, the amendment application intends to amend the zoning map by rezoning the subject property from M1 to SD-82. The following sections of this report provides analysis for the proposed action item and the basis for staff's recommendation of approval for the project. City Council 26 — 296 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 5 Zoning Ordinance Amendment Pursuant to SAMC Section 41-593.1, the purpose and intent of a specific development (SD) designation is to provide a tailored and flexible zoning approach to address specific and exceptional circumstances associated with certain parcels, while protecting and promoting the public health, safety and general welfare of the City and its residents. These circumstances may include unique characteristics, historical significance, or specific community needs that deviate from the standard zoning regulations. Moreover, SD designations protect and enhance the value of properties by encouraging the use of good design principles and concepts; encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development; providing a method whereby specific development plans are based on the general plan; and by recognizing the interdependence of land values and aesthetics and providing a method to implement interdependence. For this specific proposal, the applicant is proposing to amend the SD-82 document to allow Administrative Offices as a permitted use on Parcel 4 and Outdoor Play Areas on Parcel 2, ancillary to the existing school. In response to this application, staff is proposing that SD-82 be revised pursuant to Table 3 below: Table 3: Permitted Uses and Operational Standards for SD-82 REQUIREMENT ISSUE AND PROPOSED AMENDMENT STANDARDS: Issue: School traffic may conflict with local traffic patterns and adjacent uses. In Circulation and Parking primarily industrial districts, like SD-82, the impacts could be particularly Management Plan severe. Proposed Amendment: The school prepared a Circulation and Parking Management Plan ("Plan") that was reviewed as part of the Development Project Review (DP) that was submitted in February of 2023. The Plan takes into account the parking, onsite circulation, drop off, and pick up. The Plan identifies how the school buses will pick-up and drop-off students within the front parking lot. The Plan is designed to accommodate the existing school population and to ensure that there is no vehicle queuing off -site or conflicts with the adjacent industrial buildings to the north and west of the site. Future modifications to the Plan may require a traffic analysis to demonstrate compliance. Lastly, at this time, the project does not propose an increase in student enrollment or additional square footage. City Council 26 — 297 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 6 REQUIREMENT ISSUE AND PROPOSED AMENDMENT Physical Education Issue: Activity Area Noise resulting from physical education or after -school sports activities can Standards impact adjacent residents or tenants. Proposed Amendment: Physical education activity areas shall be designed so that their use does not disturb the commercial or industrial uses during regular business hours and residential uses between the hours of 8 p.m. and 7 a.m. As proposed, the physical education activities will be relocated to a designated gated area located directly adjacent to the existing school. In addition, the school's regular hours are Monday through Friday from 8:30 a.m. to 3:00 p.m. Outdoor activities will not take place outside of the school's regular hours. Furthermore, the noise sources are typically intermittent and short in duration. Additionally, the impact of noise diminishes significantly with distance from its origin. The sensitive receptors (residential zones and land uses) are situated approximately 200 feet away. Therefore, the proposed Outdoor Play Area's generated noise would not adversely affect these sensitive receptors. Administrative Offices Issue: The administrative office may increase parking demand and traffic generation of the entire site. Proposed Amendment: The proposed change of use is not expected to impact the parking demand on -site due to specific parking requirements. The administrative office requires three (3) parking spaces per 1,000 square feet; whereas, the auto - repair businesses required five (5) parking spaces per 1,000 square feet. Additionally, the administrative office will only be employing a total of ten (10) individuals and the total increase in trip generation during peak hours is not significant enough to trigger concerns. Maximum Student Issue: Enrollment Number of students can dictate the level of impact on adjacent uses. More students mean more cars or buses picking up or dropping off students, more children on the playground and more noise Proposed Amendment: The proposed number of students will not increase. The number of student enrollment will remain at a maximum of 870 students. This enrollment cap will remain in the SD document. Industrial Uses Issue: The current list of permitted uses in SD-82 contains various industrial uses, which are no longer consistent with the General Plan land use designation and the designated focus area. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, research and development, among other uses. Moreover, the focus area is intended to transition a group of auto -oriented neighborhoods and City Council 26 — 298 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 7 REQUIREMENT ISSUE AND PROPOSED AMENDMENT institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. Proposed Amendment: The proposed amendment will update the list of permissible uses per zone to establish consistency with the Flex-1.5 General Plan land use designation and the focus area. Amendment Application Currently, the site to the south of 601 N. Fairview Street is zoned SD-82, and the proposed rezoning intends to align the subject site with the existing development to the south. Within the SD-82 regulations, permissible uses encompass industrial, school, and church uses. Expanding the SD-82 boundaries will accommodate additional administrative office use at 601 N. Fairview Street. This zoning adjustment aims to repurpose the existing industrial building, historically serving as an auto -repair business, into an administrative office space. Under the current M1 zoning, only up to thirty percent of the gross floor area can be allocated for administrative office use. The proposed rezoning, coupled with amendments to the SD-82 regulations, seeks to enable the existing building's operation as an administrative office without constraint, limited to Parcel 4. More importantly, the rezoning is not anticipated to exacerbate traffic flow, parking demands, or noise impacts. As detailed in Table 3, the proposed rezoning is projected to address and mitigate any potential adverse effects on the surrounding community. General Plan Consistency The approval of the subject project will be consistent with the General Plan land use designation and the designated focus area. The subject site is located within the Industrial/Flex-Low (Flex-1.5) General Plan land use designation. The Flex-1.5 land use designation encourages a myriad of industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, research and development, among other uses. Furthermore, the site is located within one of the five focus areas as prescribed by the General Plan. Specifically, the site is located within the West Santa Ana Boulevard Focus Area. The focus area is intended to transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to City Council 26 — 299 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 8 residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. Moreover, the approval of the proposed applications will be consistent with the goals and policies of the General Plan, specifically Goals 1, 2, and 3 of the Land Use Element (LU). Goal 1 of the LU provides a land use plan that improves the quality of life and respects the existing community. Policy 1-8 encourages new development to provide a new community benefit. The change of use from auto -repair to office will provide a benefit to the community by reducing the noise, fumes, and waste that stem from auto -repair -like businesses. Additionally, the outdoor play area for the school will allow the school to offer their students a space for recreational purposed within their business hours. Goal 2 of the LU seeks a balance of land uses to meet Santa Ana's diverse needs. Policy 2-6 promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. Approval of the amendment application and the zoning ordinance amendment will promote the rehabilitation of the existing building with a new fagade and site improvements. Goal 3 of the LU seeks to preserve and improve the character and integrity of existing neighborhoods and districts. Policy 3-7 promotes a clean, safe, and creative environment for Santa Ana's residential, workers and visitors. Approval of the project will promote a clean, safe, and creative environment for Santa Ana's residents by reducing hazardous waste produced by auto repair businesses, enhancing the architecture of the existing building, and enhancing the site by introducing new landscape. Covenants, Conditions and Restrictions During the development review phase of the project, the City obtained information concerning the Covenants, Conditions, and Restrictions (CC&Rs) governing both Parcel 2 and Parcel 4 illustrated in Exhibit 9. These CC&Rs outline potential use restrictions that could impact these parcels. However, these stipulations do not hinder the City's authority to proceed with the intended rezoning and revising of the SD-82 text. Furthermore, the text of SD-82 requires the update and clarification of these CC&Rs, mandating their refinement and subsequent submission to the City before permit issuance. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 5. There are no established Neighborhood Associations in the vicinity as the property is surrounded by offices and the City of Costa Mesa. At the time this report was printed, no issues of concern were raised regarding the proposed development. City Council 26 — 300 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 9 In addition to the above noticing, the project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first community meeting was held March 6, 2023. Eleven members of the community attended and posted questions relating to on -site traffic circulation, the outdoor play area, the location of the proposed fences, and parking concerns. The second community meeting was held May 15, 2023, during which 10 members of the community attended and expressed that the site plan did not address the traffic circulation concerns raised previously. Materials from the two required community meetings are included with this report as Exhibit 8, and all materials were published to the project's webpage on the City's website at santa-ana.org/vista-charter-school/. Additional Outreach The applicant organized an additional meeting on May 23, 2023 with stakeholders, City staff, and Orange County Transportation Authority (OCTA) staff to discuss the parking requirements of Parcel 2 and Parcel 4 listed in the CC&Rs and optional overflow parking not listed in the CC&Rs for Templo Calvario. Moreover, on November 3 and November 15, the applicant met with various stakeholders to discuss the proposed site plan, parking requirements, and clarification on the CC&Rs limitations. The purpose of the meetings was to ensure ongoing communication about the steps and substance needed in order to revise the CC&Rs to reflect the current project, should the requested entitlements be approved. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15301 Existing Facilities (Class 1 — Existing Facilities) of the CEQA Guidelines and per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 7 has been prepared, and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualified for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis City Council 26 — 301 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 10 evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates the change of use of the existing 5,837- square-foot building from auto -repair to administrative office and site improvements that include new landscaping, fagade remodel, and new outdoor areas for the office and the school. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions: a) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The GPU identifies that the Interim Development Standard for the FLEX-1.5 area are those development standards outlined for the M1 zoning designation. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, City Council 26 — 302 1/16/2024 AA No. 2023-04 and ZOA No. 2023-03 for Vista Heritage Charter School at 601 North Fairview Street December 11, 2023 Page 11 assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project, identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. The Project, therefore, qualifies for an exemption from additional environmental review as set forth in State CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of this report. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. ECONOMIC AND FISCAL IMPACTS To date, the proposed project has generated a total of 156 temporary employment opportunities, including environmental engineers, environmental remediation technicians, demolition crew, architects, engineers, development consultants, and an attorney. Additionally, the new administrative office will create ten permanent employment positions. Moreover, the applicant will pay approximately $46,235 in entitlement, plan check, and permit fees. There is no fiscal impact associated with this action. EXHIBIT(S) 1. Amendment Application Ordinance 2. Zoning Ordinance Amendment Ordinance 3. Vicinity Zoning and Aerial Map 4. Site Photo 5. Full Project Plans 6. Renderings 7. Environmental Analysis and Exemption 8. Community Meetings Documents 9. Parcel Map in Recording No. 86-284222 10. Copy of Public Notices Submitted By: Fernanda Arias, Assistant Planner II Approved By: Minh Thai, Executive Director, Planning and Building Agency City Council 26 — 303 1/16/2024 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-04 AMENDING THE ZONING FOR THE PROPERTY LOCATED AT 601 NORTH FAIRVIEW STREET (APN: 405-241-04) FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 82 (SD-82) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Red Hook Capital Partners, LLC with Vista Heritage Charter Schools ("Applicant") representing 2609 W. 5t" Street LLC (Property Owner) is requesting approval of Amendment Application (AA) No. 2023-04 to change the zoning designation of the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82) in order to facilitate the change of use of an existing auto -repair business to an administrative office. B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. On April 19, 2022, the City adopted the General Plan Update and it went into effect on May 26, 2022. The approval of the subject project is consistent with the Industrial/Flex-Low (Flex-1.5) General Plan land use designation and the designated West Santa Ana Boulevard Focus Area. The Flex-1.5 land use designation encourage a myriad of industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. Furthermore, the focus area is intended to transition a group of auto -oriented neighborhoods and Ordinance No. NS-XXXX City Council 26 — 304 1/16/ of 6 institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. D. The entire Project as currently proposed entails, among other things, (1) Approval of Amendment Application No. 2023-07 to change the site's zoning designation from Light Industrial (M1) to Specific Development No. 82 (SD-82) and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices as a permitted use on Parcel 4, and an Outdoor Play Area in Parcel 2 ancillary to the Vista Heritage Charter School. E. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. F. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-04. G. For the reasons contained herein, and each of them, Amendment Application No. 2023-04 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review Ordinance No. NS-XXXX City Council 26 — 305 1/16/ of 6 pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards ... then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. (D) Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Ordinance No. NS-XXXX City Council 26 — 306 1/16/ of 6 The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Amendment Application No. 2023-04. This decision is Ordinance No. NS-XXXX City Council 26 — 307 1/16/ 4 of 6 based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2023 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. 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 7. This Ordinance shall become effective thirty (30) days after its adoption. Section 8. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: ohs om J e Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 26 — 308 1/16/ of CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 26 — 309 1/16/ of 6 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2023-03 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) TO EXPAND THE BOUNDARIES OF THE SD-82 AND TO AMEND VARIOUS SECTIONS OF THE SD-82 TO ALLOW FOR THE CREATION OF THREE (3) LAND USE ZONES, NEW PERMITTED USES AND ANCILLARY USES, AND ADMINISTRATIVE REQUIREMENTS FOR PROPERTY MAINTENANCE, COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) AND RECIPROCAL PARKING AND ACCESS AGREEMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 20, 2008, the City Council adopted Ordinance No. NS-2777, rezoning the property located at 2501 West Fifth Street, described as Parcels 1 and 2 of Parcel Map No. 84-886, as shown on a map filed in Book 198, Pages 19-20 of Parcels Maps in the Office of the County Recorder of Orange County, California, from Light Industrial (M-1) to Specific Development Plan No. 82 (SD-82). B. On January 21, 2020, the City Council adopted Ordinance No. NS-2983, to amend the Santa Ana Municipal Code (SAMC) to include a definition of "schools"; allow schools as a permitted use in SD-82; to adopt a set of operational standards for schools within SD-82; allow Vista Heritage Charter School to expand to 66,000 square feet in size; and allow Vista Heritage Charter School to expand the student enrollment to 870 students. C. The proposed Project would only affect Parcel 1, 2, and 4, of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. D. The proposed Project entails, among other things, (1) Approval of Amendment Application No. 2023-04 to change the zoning designation for the property located at 601 North Fairview Street (APN: 405-241-04) from Light Industrial (M1) to Specific Development No. 82 (SD-82); and (2) approval of Zoning Ordinance Amendment No. 2023-03 to expand the boundaries of SD-82 and to allow for Administrative Offices, Surface Parking, and Private Outdoor Community Areas as a permitted use on Parcel 4, and Outdoor Play Area on Parcel 2, ancillary to the Vista Heritage Charter School. Parcel 2 and 4 are as shown on Parcel Map No. 84-886, as Ordinance No. NS-XXXX City Council 26 — 311 1714 5 shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. E. The approval of the text amendments, permissible uses, and development standards are consistent with the General Plan land use designation of Industrial/Flex-1.5 (Flex 1.5) and the designated West Santa Ana Boulevard Focus Area. On April 19, 2022, the City adopted the General Plan Update which went into effect on May 26, 2022. The Flex-1.5 land use designation encourages industrial uses that do not produce significant air pollutants including office -industrial flex spaces, small-scale clean manufacturing, among other uses. Furthermore, the focus area is intended to transition a group of auto -oriented neighborhoods and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. In order to accomplish the goals of the General Plan, the focus area promotes infill development while respecting established neighborhoods and providing buffers from industrial to residential neighborhoods. The proposed project will create a buffer from industrial uses to residential by changing the use of an auto -repair building into an office space. Additionally, the proposed project proposes landscape improvements and a community garden that will further act as buffers and accomplish the goals of the General Plan. F. The applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at SAMC Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. G. On December 11, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2023-03. H. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2023-3 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-40). In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair maintenance, permitting, Ordinance No. NS-XXXX City Council 26 — 312 1714 5 leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The subject project is proposing the change of use of an existing industrial building that was previously used for an auto repair business to be used for administrative office purposes. Additionally, the project is exempt from further review pursuant to Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, the Project is exempt from further review. This type of exemption analysis evaluates whether the potential environmental impacts of the proposed change of use for the existing 5,837-square-foot building from auto -repair to administrative office and site improvements that include new landscape, fagade remodel, and new outdoor areas for the office and the school are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). A rezoning that is consistent with an adopted general plan falls within this exemption. (A) As set forth in CEQA Guidelines Section 15183(a), projects that are "consistent with the development density established by the existing zoning, community plan or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." The CEQA Guidelines further state that "[i]f an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards .. . then an additional EIR need not be prepared for the project solely on the basis of that impact." CEQA Guidelines Section 15183(c). (B) The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. A project is consistent with the GPU if its development density is the same or less than the standard expressed for the involved parcel in the general plan for which an EIR has been certified, and the project complies with the density -related standards contained in that plan. CEQA Guidelines section 15183(i)(2). Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. (C) The GPU identifies that the Interim Development Standard for the FLEX-1.5 area is M1. The M1 zone provides for a variety of light industrial uses, including warehousing, manufacture, assembly, machine shops, wholesale businesses and ancillary uses such as office uses that do not exceed thirty (30) percent of the gross floor area. The Project would result in a FAR of 0.14, which is within the projections of the GPU EIR, which evaluated a density of 1.5 FAR on the site. The GPU EIR adequately anticipated and analyzed the impacts of this Project and identified applicable mitigation measures necessary to reduce impacts of the Project, and the Project implements the applicable mitigation measures. Ordinance No. NS-XXXX City Council 26 — 313 171085 5 (D) Specifically, the Project qualifies for the exemption because the following findings can be made: 1. The Project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. The Project would result in a FAR of 0.14, which is less than the maximum FAR of 1.5 allowable in the FLEX-1.5 designated area, which is the development density established by the GPU and analyzed in the GPU EIR. The Project site has an Interim Development Standard of M-1 (light Industrial zone). The M-1 zone does not have density requirements. 2. There are no Project specific effects which are peculiar to the Project or its site, and which the GPU EIR failed to analyze as significant effects. The subject property is similar to other properties in the area, including its land use designation and zoning. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects. In addition, as explained further in the prepared Exemption Checklist, project impacts were adequately analyzed by the GPU EIR; and as detailed in the GPU EIR, development projects pursuant to the GPU, such as the proposed Project, could result in potentially significant impacts to air quality, greenhouse gas emissions, and noise. However, applicable mitigation measures specified within the GPU EIR would reduce potential impacts to a less than significant level. 3. There are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The Project is consistent with the density and use characteristics of the development considered by the GPU EIR and would represent a small part of the growth that was forecast for build -out of the GPU. The GPU EIR considered the incremental impacts of the Project, and as explained further in the prepared Exemption Checklist, no potentially significant off -site or cumulative impacts have been identified which were not previously evaluated. 4. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR. As explained in the prepared Exemption Checklist, no new information has been identified which would result in a determination of a more severe impact than what had been anticipated by the GPU EIR. 5. As explained in the prepared Exemption Checklist, the Project will undertake feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation measures will be undertaken through Project design, compliance with regulations and ordinances, and through the Project's conditions of approval. (E) The Project therefore qualifies for an exemption from additional environmental review as set forth in Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The full exemption analysis is provided as Exhibit 7 of the staff report accompanying this Ordinance. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-40 will be filed for this project. Ordinance No. NS-XXXX City Council 26 — 314 1714 5 Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et. seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted she felIE)WORg uses are petted OR the C�ii-str�C� A parcel or building within" the Specific Development Plan No. 82 (SD- 82) shall be occupied by only the land uses allowed by this Section 3, and as permitted in created Zones, hereinafter referred to as Zone 1, Zone 2, and Zone 3 ("Zones"), as adopted and depicted in Attachment A. Zone 1 1. The permitted land uses within Zone 1 shall be as follows: (a) Administrative offices. (b) Surface parking lot for off-street parking purposes only, exclusive to Parcels 1, 2, and 4 of Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California, and any future adjoining parcels that may form part of the Civic Center Business Park or its future successors. Ordinance No. NS-XXXX City Council 26 — 315 1714 5 (c) Private outdoor community area, to be accessible to all Zones, but shall not be used exclusivelv for school auraoses. includina but not limited to, outdoor play area, school children play area, nor for school recreational activities. Zone 2 2. The aermitted land uses within Zone 2 shall be as follows: (a) The compounding, processing or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacturing of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those specified in SAMC section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those specified in SAMC section 41-489.5. (f) Warehousing (h) Wholesale establishments where the primary trade is business- to- business sale of products, supplies and equipment. Ordinance No. NS-XXXX City Council 26 — 316 1714 5 OWN . M I.... KNOW 111111111P. INN-0- pp- r Ordinance No. NS-XXXX City Council 26 — 317 1714 5 1 I 1 r Ordinance No. NS-XXXX City Council 26 — 318 1714 5 -- - - - ��� 7e--* r _ -- Ordinance No. NS-XXXX City Council 26 — 319 1714 5 ■ rINS 3. The following uses are permitted when ancillary to any use permitted or permitted with the approval of a conditional use permit in Zone 2: (a) Administrative office occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the aross floor area. (c) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 4. The following uses may be permitted in Zone 2 subject to the aaaroval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Principal industrial uses occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use onlv. (b) Childcare facilities other than as permitted by section 41-472.1 of the SAMC. (c) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturina operations such as woodworking or machine shops. (d) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (e) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. Ordinance No. NS-XXXX City Council 26 — 320 1/ 2 15 7nnP A 5. The aermitted land uses within Zone 3 shall be as follows: (a) Schools and ancillary school uses. 6. The following uses are permitted when ancillary to any uses permitted or permitted with the approval of a conditional use permit in Zone 3: (a) Outdoor play area, ancillary to school uses. 7. The following uses may be permitted in Zone 3 subject to the approval of a conditional use permit in accordance with Section 41- 638 of the SAMC: (a) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on -site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by the City Landscape Associate. (a) A landscape area not less than 5 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscape planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right- of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. Ordinance No. NS-XXXX City Council 26 — 321 1/ 2 15 (b) Trash Enclosure: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (c) Lighting Standards/Fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards (a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pick- up areas (limited to rear of building), and the driveways to be used for these functions. (b) A Safety Plan shall be submitted for review and approval. At a minimum, the Plan shall include provisions for student safety to the campus, during school operating hours, and safety exiting the campus. (c) DhysiGal Gt'�aG�tieSshall be limited to indeers only. No an i shall ho nidi i e d outside b iilidi�A rv�rcrctNa�rtie-S�r�uir-v�EerrcraEtccr-var..rra� minimum of 10 square feet of hySiGal ac ivitm y area —peg studeRtshall be nreyilJor! Physical education activities shall be limited to indoors and the outdoor designated gated area. Any changes to the designated outdoor play area shall be submitted to the Planning Division for review and approval. (d) Student enrollment for the school shall be capped at a maximum of 870 students. (e) A Parking Management Plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The Plan shall include provisions for parking during special events at the school. (f) The school shall submit an annual Special Events Program to Planning Staff and the community association at least 15 days prior to the start of the school year. The Program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. Ordinance No. NS-XXXX City Council 26 — 322 1/ 15 (g) Schools are subject to periodic review by the Planning Division to ensure compliance with the school; Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. 5. Property Maintenance. (a) Graffiti: All graffiti shall be removed from the premises within 24 hours of discovery and/or notification of graffiti on the premises. (b) Parking Lot/Drive Aisles: Parking and driveway areas located on the parcels shall be kept in a good and clean condition. Standards maintenance and repairs of paved surfaces shall be conducted on a regular basis. The normal cleaning and removal of refuse and trash shall occur on the premises. (c) Landscaping: All landscaping shall be maintained at all times. Any dead or missing landscaping shall be replaced in a timely manner_ Section 5. Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Parking and Access Agreements (a) The CC&Rs governing the subject properties shall be refined and submitted to the City prior to permit issuance of any site improvements, included but not limited to the followina: I. Square footage addition to any of the existing buildings II. Fences III. Storaae sheds IV. Landscape planters (b) A copy of a recorded and executed reciprocal parking and access agreement shall be provided to the Planning and Building Agency (PBA), prior to permit issuance of any site improvements as listed in Section 5 (a). The reciprocal parking and access agreement shall include language for reciprocal parking and access among legal Parcels 1, 2, and 4, as shown on Parcel Map No. 84-886, as shown on a Map filed in Book 198, Pages 19-20 of Parcel Maps in the Office of the County Recorder of Orange County, California. (c) Alternative to the requirements in Section 5(b), an equivalent action/document can be provided to the PBA ensuring that the subject properties meet all required off-street parking and access requirements. Ordinance No. NS-XXXX City Council 26 — 323 1/ 2 15 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. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 1 I l ;k� Jc 3e Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 26 — 324 1/ 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 26 — 325 1/ 2 15 0 I NFL iZs n K City City Council 26 — 326 1 /16/2024 11/8/23, 6:05 PM coning Zoned — General Agri cul[u ral Community Cam mercial Lcm m u nity Cam mercial -Museum ❑istrict ■ General Commercial ■ Planned Shopping Center ■ Arterial Ca m mercial ■ Commercial Residential ■ South Main Street Commercial District Govemment Center . Light Industrial ■ Heaoy Industrial ■ Open Space land M etro East Overlay Zone ■ Pmtessional Single -Family Residence ■ Two -Family Residence ■ Multiple -Family Residence ■ Suburban Apartment ■ Residential -Estate ■ Specific Development No I ■ Specific Development No- It ■ Specific Development No- 12 ■ Specific Development No- 13 ■ Specific Development No- 15 ■ Specific Development No 16 ■ Specific Development No- 17 ■ Specific Development No- 18 ■ Specific Development No- 19 ■ Specific Development No- 2 ■ Specific Development No- 20 ■ Specific Development No- 21 ■ Specific Development No- 25 ■ Specific Development No- 26 ■ Specific Development No- 27 ■ Specific Development No- 31 ■ Specific Development No- 32 ■ Specific Development No- 34 ■ Specific Development No- 35 ■ Specific Development No- 36 ■ Specific Development No- 38 ■ Specific Development No 39 ■ Specific Development No-4 ■ Specific Development No-40 ■ Specific Development No-41 ■ Specific Development No-42 ■ Specific Development No_43 ■ Specific Development No-44 ■ Specific Development No-46 ■ Specific Development No-48 ■ Specific Development No-49 `q City Council 26 — 327 n 7n?4 ninitAi Man PT71'V UL�F [2dl iphtc racarvar1 https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html / I AA No. 2023-04 and ZOA No. 2023-03 601 N. Fairview Street R1 m- WOW `"'7 r O R1 1 -I c2W Tr 1112 iiiii R1 - - R2 lid R1 �s t uF R2 r FI iiak4r:lr.r� F: R.1 R1 R2 D 8 mi rf N11. JJI �Li1:tJ 15 M 1 '� N11 r IW.I - rt it dt r� �-- � . Wiffliam N 400 feet Exhibit 3 - Vicinity Zoning and Aerial Map 1/2 11/8/23, 6:05 PM City Council 26 — 328 1 /16/2024 https://apps.spatialstream.com/1andvision/production/CurrentBuiId/HtmI/printpreview.htm1 2/2 _ _ ± a _ , �.��'�►�� w s •yy !.` �• e ��:a � '`era .. ..__ r __ --` � - - }�• ' � * ._ r t-;V ��bt tltl ■■ �, Frt#�� � �_: yh }��� ■■ E�� ■ 1��1Ji f�!1� /i _ VISTA CHARTERTENANT SCHOOL PHASE IV 601 N FAIRVIEW, SANTA ANA, CA 92703 VISTA HERITAGE GLOBAL ACADEMY 1 J� Ij7 ! l DRAWING INDEX PROJECT DIRECTORY BHT. NO. DESCRIPTION D.E,.IFLOPER RED HOOK CAPITAL PARTNERS �..... NSTA HERITAGE GLOBAL ACADEMY ARCHITECT STUDIO W Pf2CHITECTS CIV& ENGINEER KPFF LANDSCAPE= ARCHITECT MBLA LANDSCAPE ARCHITECTURE. INC. SURVEY ENGINEER PROJECT DATA 11°"!PlA4��SaEI. .. VICINITY MAP T ' r.nr'E: r'Yii,xN •r�� `4('(-i 'K� PROJECT NARRATIVE PROJECT SCOPE OF WORK CODES AND REGULATIONS .aaccx�.® .a.<w w..., ..°..° I" STUDIO W ARCHITECTS s .0 ,...,. �., 0�,<Ll VISTA HERITAGE GLOBAL ACADEMY M IYSTN STREET SANTA ANA, CA 92703 CONDMONAL USE PERMIT VISTA CHARTER SCHOOL PHASE IV 601 N FAFmrw. SANTA ANA, CA 02703 COVER SHEET A0.1 City Council zo — 41 POLICE DEPARTMENT NOTES: N, STUDIO W ARCHITECTS ! : n. hm- -A-om.wn 0 4.'�W 0 wE�0LN1 VISTA HERITAGE GLOBAL ACADEMY 2609 W 5TH STREET SANTA ANA, CA 92700 CowmoNAE USE PERWT VISTA CHARTER SCHOOL PHASE N 601 N FAIFW W SANTA ANA. CA 971W POLICE DEPARTMENT NOTES mu A0.7 mow. ae. City Council POLICE DEPARTMENT NOTES (CONT.) : :u.rou we�wsxn+se s+wa BURGLAR BAR PACKAGE suwwe sw sass sEc�. I" STUDIO W ARCHITECTS o' M1 yw 4 nEl NAM VISTA HERITAGE GLOBAL ACADEMY 2W9 W-TH STREET SANTA ANA. CA 92703 CMWIONAL USE PEAW VISTA CHARTER SCHOOL PHASEIV 901 N GAIWEW, SAVA ANA, CA 92703 POLICE DEPARTMENT NOTES d. +ww..oa�e. n.wgr+.mo. a A0,8 A 49 y / t.. 2 y ..rrrr..•...■r..................................................■.= ■ ■ cars i ■ .rr as ,� :8{ i Y 11 .', (tom' ,d 6^ M ■ Y ■ �, X X _ r.t. ......... ...................f.. r. . R A QdARGED GRADING KAM uc. r.rs r A EGEND' a v� .�• . nn ` 9L roan Is -- i y '� �(�Ay LMLITY CONSTRUCTION NOTES. 'Y S1bfY ■.■I FA • � 11)G 8 MO SAS FlII R/ILIa tl1Y Q SWIA MM O6 �� •••• ' � •••�♦• t ®,ta'IS' OYpI r.+fM O110F5C Gml ■YM 1F1Pn •• ■!' III;/�� ®Xr.O .rwwror ..omw.rc +ur.egl WCM 11 . � ♦ ,� ••.vae - ®M3 .S.rlEd �S-r!W ML�MIgI 6WEW. 41 Ulm II Jw ---------------------- ir !1 M . ram, 0. �i n ■j w� 0. Ofl�Naltlu RY!! , W� Ix _ �i �•\ ,7I w� t Wt. Y r ) PU1N J 0 0 2 U [� > R w LU F— Cn s Q (r Q am a Q Z LL Zm U U) (� Isl.lcwr+_ �e 6RYM7! a.r. er T. �s sv■nrleo PRELIMINARY GRADING AND DRAINAGE PLAN SHEET C1.30 City Council 26 — 333 1/16/2024 CUY OF SANTA ANA pMC3UIC rMJOO G3KS G^QQ[EKC1w PROJECT DP NO.2023-1Q MID NO. 2023-180301 • VISTA HERITAGE GLOBAL ACADEMY EXPANSION 601 N FAIRVIEW ST SANTA ANA, 92703 CN TOR PVBLIC ORIts PERMITTEDf (]ENERA! 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OrIEA .L SL 11F CLTnRACiOA WISL N011rT UNOrAtllgw. 9[AAlCf ALOIT AIt) " R s &'JOIE Mr FacAVAnRt A 11A.g LTRSiwIC1R1. 10ONOIi�[tAt�T�m [MY *dOn2lL 0A54 iNCOfoYaTM PRO'AO[aRpgTWTJ(A �n 6 SiWTA 1A[�555RY V cOmnA.Cird $HALL MU AS PA Oi MR Eb9..[ NVO LIS]n f� M'Y iIRHE1CAS NAS rSCFil�aRY 0 M w II' Plirlll p n{ ORAA:YGS REFERENCES Wn w�Exi�v NnF On .,m e CM 1G J Parn[RT .• IvlROi suw*r arnuu. B CROSS SECTION ATDR wt a R,S. N M r431 - N I1�.7.T PiF a]1 I [tPBA Wnu 10 SG[TALK I i u• PA+MRI IIAGOIr .._ _ nr /—a', TW SCAL CROSS SECTION I R ♦ K , - rT I1.aAY; m - . w•f UvdoiB d=Aln .alnonTT Fr T1BEFEYG) DA 010 ...I a+..>. NOTICE TO CONTRACTOR orrwT +nmuc ■oaa 1NtEGio1 iArcA REswrcl RARwIx aT[ �""Y � ° uT�ol/m.�"'..v°ioim ,ems A urL AI[nT ndTr <.rl. nl AF,r sr t.o rowwo Alga /anT r"L"o°�o.Iwaw FlCAw1w. eLn�! STREET IMPROVEMENTS VALLEY VISTA CHARTER SCHOOL 601 N. rARMCW STREET, SANTA ANA 92703 City Council 26 — 335 — 1/16/2024 62 ; Y I� ^- 29 i� Y S9 92 LEGEND: <a S --- -- - - maun ut �.8 ^Y to esi [v-1 - it rsl [,slwa reu i. A'A) � � R IpniRG va lRx rrslw § plfi aaRrx ur f0 RADRabsn eR' DRIArYr' - [5 rG 1tt[cexrMletlgx ua rr E rr M -�� rmrv� w�Ia - 1yfi1 - PRDIJSm C P.M[M [rE ® mliD MG dAllwr l' - )' p C R�lCYFxf d �•. mr6vAtYR �m�r 91m.Q i 11� `ee / a(MNMMrIn aenohi � - p �.(��) dTMr Sr.MKT tttwt'DxMam 6ev(ror U�Wr6illl[� _ N CONSTRUCTION NOTES; ©rclmgn cu.rwa orw�R. wrorw rRR err sro � nR aec QQ roar[ [w*r`c tRncrn wtroW c TOP a Cm ►ROF11t Q crxslnx'1 Rtt mr.0 rq an SN rin. rAs[ >. �.R' r10RIZONIAL SC&L. 1'a 10 VERRCdL SCALE- I'_ 1" O EnD wio aroaAY Qi 1' fi !' Y K PnT.xrn rADy mCL d _ +ru«,r uns A cure wt rRc 6t )' Mr nal-orYni K ngRor. aWxl.Yxr N Mt-p91F K N+ED � 9nNR ID Irrle� Fr6I1f. K SEC1gR. p glum iRrrpN P[A cAr zm. �Im 1 O CuSrnn �- eR r ��M Y• KIW T/ S�MpN Rr.ri rD. i. ,ER wrtR ro x T,� rrsuulu a�an rortts rru v�rs u rar rrp wPuraior no nrRln r [Rrs cort.cl ni wrrr 95-0 usTo�xrlor°;i;'s bm n°1Ae w riw +ti561rrC1 rw.arirr NOTE; FAIRVIEW STREET Ad CpR1NJClAl1 rqr AYr IttFMRFMtl ON CGir¢t >r,rr Krr ul VSS. i. I. STAT11OrW4 NOTES. '. r]+DO _ rS. Y; _ W+Ip � x fM1LR 51 aNr[Iel[ im.mo0 . O.lt mrtu (Llifpl>t[ 'o.W w REFERENCE PLANS: _ R-�TDu sr P -I n..s Ell 6 --__- _ - - - -_ MPRDr[6 pr Nri RLBIS rrMR eRFr:rPr p1t[ Yi[R R[SpNIrE xruNG UWwgxw. M SOMM AW L� Tw�cYa �c PLAN Y~ NOTICE TO CONTRACTCR .r•. y�MISr.CK�I �rf�rl���r STREET IMPROVEMENTS VALLEY VISTA CHARTER SCHOOL 601 N. FAiRNFW STREET, SANTA ANA 92703 PUBLIC WORKS A ENCY CITY OF SANTA ANA City Council 26 — 336 1/16/2024 � Y OBSTYlG ■U■�IIIi TO BE '> RENOVATED f yf `' .wrwrvww �.� PRELIMINARY PLANTING NOTES EMSTING BUNDING # } PLANT LEGEND PRELIMINARY WELD CALCULATIONS w�.mwcensr� _.- r mar .. r.a •ri yTu.w.r.n.n.aw N, STUDIO W ARCHITECTS .R.'.xiEtt EN[iEEn — 1 ILK Yip G° VISTA HERITAGE GLOBAL ACADEMY 28M W M STREET S NTA APK CA 927W CONDMONAL WE PERWT VISTA CHARTER SCHOOL PHASE IV 401 N iAlftE W. SANTA ANA CA 92107 PRELIMINARY LANDSCAPE PLAN .more PL1 � y City Counci �i ■ KEYNOTES I/ GENERAL NOTES .; s PARKING ANALYSIS Ii - Ch, " I I - LEGEND W STH ST I y ounce — 4� I" STUDIO W ARCHITECTS o 0 O..ox �i�d �r wH ISTA HERITAGE GLOBAL ACADEMY 2099 w 5TH STREET SMITA ANA, G 92703 CONDMOWL USE PEFW VISTA CHARTER SCHOOL PHASE N 601 N FAPV*V. SWA,AN& CA 92703 SITE PLAN DEMO .Im N�nAv .rf� 91.new A1.0 CLEAN AIR VEHICLE PARKING sib _.NIP# t......a .� . ., �, STUDIO W ACCESSIBLE PARKING ARCHITECTS OTE MAN -TURN AROONO ANALYMFI'•R� 1 i!l aw n. xua suaaw..n .mm wwnw.. I s wa PARKING ANALYSIS LEGEND W STH ST i3 i 0-- VISTA HERITAGE GLOBAL ACADEW 2_09 W STH STREET SANTA ANA, CA W703 COWNT OL USE PERMIT VISTA CHARTER SCHOOL PHASE IV $01 N FARWEW, SANfA ANA, CA S2703 SITE PLAN OVERALL .ppYrun Nweer Pwq,./.M. A1.1 STUDIO W ARCHITECTS LEGEND PARCEL4 0 0 ®R .......... --- - --------- %ASTA HERITAGE GLOBAL ACADEMY P8RCEL2 2M W STK STREET SANTA ANA, CA 92703 CONOMONAIL USE PERMT JL VISTA CHARTER SCHOOL M'j.) PHASE IV 601 Is FAIIRVIEW. SANTA ANA, CA . j ENLARGED SITE PLAN A1.2 aq CF CF C", 41c, T 1 • I - 1 -- ---1 I I I er.xi �� Ru erzu.r ....&TAIRPLANI MEZZAMME PLAN ri.' • *+t FIRST FLOOR AREA 5,877 SF (INCLUDING MEZZ.) N, STUDIO W ARCHITECTS s�vewwu.® er ear w..e sv. � ... srmw.vnem.wn GENERAL NOTES remvuv a�rore. wvnoevr t a ee..nW.r�w e...vaa,.. ca�r�a.nra..eaa" 70tct� a C) VISTA HERITAGE GLOBAL ACADEMY 26091N 5TH STREET SANTA ANA, CA 92707 CONDITIONAL USE PERMIT LEGEND VISTA CHARTER SCHOOL PHASEIV 601 N FAEMEW, SANTA ANA, CA 9I707 FLOOR PLAN A2.1 a ,o City Council T q J `r T Y �7 KEYNOTES GENERAL NOTES STUDIO W ARCHITECTS r y Clo., 0 -- wEvftµ VISTA HERITAGE GLOBAL ACADEMY 2609 W 5TH STREET SANTA ANA, CA WM CONDITIONk USE PERMT LEGEND VISTA CHARTER SCHOOL PHASE N ® wa ...iuMr�r, arr a 601 N FAWWEW, SANTA ANA, CA 92701 ROOF PLAN MWMM NMM Rwwn r,M r1+va'11i, a 3O - A4.1 City Council 1 !!amp■ ■■■■■ ���Mm ■■ MEMO 1� WEST ELEVATo I$ WWTH LEVATM +T•,'a 11 .� :�.w., .o......� S M EAST ELEVATION 9 SOUTH ELEVATOR • - - KEYNOTES STUDIO W ARCHI I ECTS wsw � S�YFIf [TI RanA�Sw o..amw...nm....,,W. ...,mmw.Nwy..s. VISTA HERITAGE GLOBAL ACADEMY 2W W SIN STREET SMITA MA CA 22M CONDITIONAL 119E POW VISTA CHARTER SCHOOL PHASE IV 601 N 7ARM W SANTA ANA CA 927M COLORED EXTERIOR ELEVATIONS A5,1 ounce .TLTli1 u..'r.w tui � WruufiianeexM. �e`mee STUDIO W ME tECT1oN 1-•.o� 1 ARCHITECTS .�.�rn Aiere i4CN.f!10.i - - -.•a.u.WwawrtmvfYJ - -- M•n ,eoa r., nnw.d. Mie'wU.( $. ERE AECTNNN 7 WE EECTM ] aim w wee �]� floe lLatl sCs1YE w�� �wv ncrd.p sxeb wv9WiYM.Mwetpepn e t VISTA HERITAGE GLOBAL ACADEMY 26H W STN STREET SANTA ANA. CA 92703 CONDITIONAL 11SE PF.R►fi VISTA CHARTER SCHOOL PHASE IV 601 N FAIRVIEW, SANTA ANA, CA E27M SITE SECTIONS Amk�m Nnb� 6rrgM� A62 ounce Q LM VOL OORNAMENTAL '.'1 ORNAMENTAL DOUBLE GATE -PULL ,�,.a B SIDEELEVATIOil1 FENCE TYPICAL 1?•�fy W 4-02 STANDARD$105 WELDED WIRE MESNFENCINO 2 RAIL WROUGHT IRON FENCE sv•�'4 7 FENCE FOOTIN6ATBUILDINC --Li r 2 rzz lift 1111111116111f ertn �5 1 ORNAMENTAL DOUBLE GATE I?-'b I c, wn,oc.. � u .rgLnw `4 ITM- I" STUDIO W ARCHITECTS w.s yuo-,w.4.aws.oam F k 41nn0Y14i • o.n V 52uRIL MEINAM VISTA HERITAGE GLOBAL ACADEMY 2609 W 5TH STREET SANTA ANA. CA 42703 CONDITIONAL USE PERNAT VISTA CHARTER SCHOOL PHASE IV 601 N FARVIEW, SANTA ANA. CA 92703 SITE DETALS A�Nin4w hw4q llniss -, A1a.z Lity Louncil 2b — Job NIP# STUDIO W A R C H I T E C T 5 I�1 pl��aNu r MA�.'+1ur� nw SAt A)p�eplEN tmtzmi ANORFn BYJi6A a l!N63.. 'ISTA HERITAGE GLOBAL ACADEMY M w 5TH STREET SAWAANA, CA 92703 CDNDITIDNAI USE PERMIT 'ISTA CHARTER SCHOOL PHASE N 01 N FASMEW. SANTA AN& CA 99703 ELECTRICAL SITE PLAN �xm Hsu m w Ell rrY I I IM I M I p 9 I" STUDIO W ARCHITECTS Y OE [3�111 011111114 0 Drr VISTA HERITAGE GLOM ACADEMY 26NWFiSTREET SWAANA,CAq27U3 CMIYTXA4 USE PERMIT VISTA CHARTER SCHOOL PHASE 601 IN FAjMyw. SWA ANA rA 927M SITE LIGHTING PHOTOMETRIC PLAN E1.2 City Council 26- MANDATORY CALGREEN CHECKLIST .. , , tv a, ..Jw sw.a ay.�w a� .a r.Jw. ..•n w.. rw. r. imw rra wsi®r. i r.o.m SAC l � Yd"i . utln`nj ° : . TTT m�nYc : a.:.:,e,. +Era ass"ir.we n WATSi REDUCi10N RXTUFE ROW RATES ww. rwM.e I awv Iw VJ. a•. tl w .� r[a.,o rypn w wuwrs/n¢r WATER CONSERVATION RxTu E R-ow RATES PLUMBING EflUPMENT SCHEDULE +wK. ¢wLh r�..s M.OYiL�.•.A4i-Y4M1! - uu rra ,i ao e.w.al .0 w .",i .W �walrY) „ . • ^ wwx.o °YtA WEp s`�[i waiClr�[i .w , tlM1 wp iwu. rltu,.�E .f. PLM PLUMBING PPE MATERIAL SC1EDi1LE �D. 2- ,... Y�r, u,w. r„J• .w r w.or m101`°sn°°`.s �.e o Iv`^"...r ••a °Y "+'a w..a,.a. w tx .n ... rw .ru.. 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A DOlESIC Mi w.iE9 L2M.G NIP# STUDIO W ARCHITECTS aWmwwv.o w'm,e t9e.n swr ot: �...9uew1M4erur. am `.w401Rw�N � w EnCAEED !So Y ' Owwu.0 g. 0..•.-..�.r!„ r¢. uvpr VISTA HERITAGE GLOBAL ACADEMY m W 5TH STREET SANTA ANA, CA W707 CONDF7 0W USE PERIAT VISTA CHARTER SCHOOL PHASE IV 601 N FAIRVIEW. SMTA ANA, CA 92701 PLUMBING SCHEDULES .xanm am .x.a..a"nramr nJ..ro�Jw.e. ;°- Pa2 ounce i -7w Exhibit 7 - Environmental Analysis and Exemption CEQA Exemption 15183 — Environmental Documentation Date: December 5, 2023 Project: Vista Charter Public Schools District Office and Outdoor Space Project To: City of Santa Ana CC: Vince Fregoso, Vista Charter Public Schools Ingrid Canedo, Vista Charter Public Schools From: Frances Yau, AICP, Michael Baker International Alan Ashimine, Michael Baker International The City of Santa Ana (City) has received a project application for the proposed Vista Charter Public Schools District Office and Outdoor Space Project (project), located at 601 and 615 North Fairview Street, Santa Ana, Orange County, California (Assessor's Parcel Numbers [APN] 405- 241-04). As documented herein, the proposed project meets the conditions for a statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (California Public Resources Code 21083.3) to allow for a streamlined environmental review process. 1. Project Background On April 19, 2022, the Santa Ana City Council adopted the Golden City Beyond (General Plan Update) and certified the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR), dated October 2021. The General Plan Update provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The General Plan Update consists of the following 12 elements: Community, Economic Prosperity, Mobility, Public Services, Conservation, Noise, Open Space, Safety, Land Use, Historic Preservation, Housing, and Urban Design. According to the GPU EIR, the full buildout of the General Plan Update (year 2045) would result in a net increase of 96,855 person, 36,261 housing units, 5,849,220 nonresidential square footage, and 11,436 jobs as compared to existing conditions in 2019. The GPU EIR was prepared pursuant to Section 15168 of the CEQA Guidelines and allows analysis consistent with the high-level nature of the General Plan Update. The programmatic environmental document may be used to eliminate or reduce the scope of future environmental review for individual projects that are consistent with the General Plan Update pursuant to CEQA Guidelines Section 21083.3 and other streamlining provisions authorized by CEQA. Later projects implemented after the General Plan Update are examined with consideration of the GPU EIR to determine whether subsequent environmental analysis or documentation must be prepared. In addition, the CEQA Guidelines currently provide for streamlining through Section 15183, Projects Consistent with a Community Plan or Zoning, Section 15183.3, Streamlining for Infill Projects, and 15183.5, Tiering and Streamlining the Analysis of Greenhouse Gas Emissions. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: City Council 26 — 350 1/16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Further, as set forth in CEQA Guidelines Section 15183(e), the 15183 exemption applies when all feasible mitigation measures identified in the applicable general plan are implemented by the public agency with jurisdiction to require such mitigation measures. As demonstrated throughout this memorandum, the project would qualify for streamlining of environmental review as a project consistent with a community plan or zoning under CEQA Guidelines Section 15183. 2. Project Description 2.1 Project Location The City is located in central Orange County, generally north of the San Diego Freeway (Interstate 405 [1-405]), south of the Garden Grove Freeway (State Route 22 [SR-22]), and west of the Costa Mesa Freeway (SR-55) and Interstate 5 (1-5). The City is approximately 30 miles southeast of downtown Los Angeles; refer to Exhibit 1, Regional Vicinity. Santa Ana is surrounded by the cities of Orange and Garden Grove to the north, Tustin to the east, Costa Mesa and Irvine to the south, and Fountain Valley and Westminster to the west. The generally north -south trending Santa Ana River traverses the western portion of the City. The approximately 0.9-acre project site is located at 601 and 615 North Fairview Street within the western portion of Santa Ana; refer to Exhibit 2, Site Vicinity. Regional access to the project site is provided via SR-22 and 1-5. Local access to the site is provided via North Fairview Street and West 5th Street. 2.2 Existing Conditions The project site is located within the Fairview Business Park, a highly developed and urbanized area of Santa Ana. The Fairview Business Park is occupied by institutional uses (i.e., Vista Heritage Global Academy and Templo Calvario Church) as well as various commercial and office uses (i.e., Echo Entertainment Inc., Small Wonders Children Center, IPW Industries Inc, A-1 Automotive Core Supplier, La Perla Spice Co., Inc., and Thai Eats). As shown on Exhibit 2, the northern portion of the site consists of one existing approximately 5,837-square foot vacant building formerly occupied by auto repair businesses and associated surface parking along North Fairview Street. The southern portion of the site consists of a surface parking lot shared between Vista Heritage Global Academy and Templo Calvario Church. Minimal landscaping is present on -site; no trees are present within the project boundaries. The site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Dec i y ounci1 26 — 351 1/16/20 ge 2 I 395 Palmdale _ Adelanto i Apple Valley Victorville i i i Hesperia i S A N B E R N A R D I N I C O U N T Y LOS A N G ELES I Lake' C O U N T Y Arrowhead 1 San Fernando ®' Running © ® San Springs ® Burbank Rancho Bernardino Cucamonga © Pasadena � Glendora Fontana tpt Rialto Redlands — West Pomo a Ontario Covina Los Angeles Chino i Riverside ® Whittier ® r Yorba NN Moreno Be Linda Norco Valley © Fullerton I Corona Torrance ® R I V E R S I COUNT QGarden ® Perris Grove® © ORANGE Sun Santa Long C O U N T Y City Beach Ana Irvine Costa HuntingtonMesa ® ` Lake Beach / Elsinore _ Newport Project Beach Mission Viejo Murrieta Site Laguna Beach Laguna Niguel San luan / j Temecula Capistrano l�� \ Dana �r \ Point San 9 Clemente USMC I Fallbrook Camp Pendleton C, ti c o�, jJ VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 NOT TO SCALE Reai�Vicinity N T E R N A T 0 VyAG o u n di.,,. 1N 196390 26 — `Y Exhibit 1 ► %� F ... tT s } _ - AA. . >� M. !, tiIF 0 PROJECT SITE dlim� Source: Google Earth Pro, June 2023 VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 NOT TO SCALE Site Vicinity I N T E R N A T t3fly ftun�.2• 1N 196390 ` Exhibit 2 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Surrounding uses adjacent to the project site include industrial, commercial, institutional, and residential uses. An existing railroad alignment (currently under construction for electric street cars) bounds the project site to the north and northeast, Vista Heritage Global Academy and office uses are located to the south (within the Fairview Business Center), and North Fairview Street bounds the site to the west and northwest. The Romero -Cruz Academy and Santa Ana River are located further west across North Fairview Street. 2.3 General Plan Designation and Zoning According to the General Plan Update Land Use Element Figure LU-1, Land Use Map, the project site is designated Industrial/Flex-Low (FLEX-1.5).' The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. This land use designation allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the FLEX-1.5 designation allows a maximum 1.5 floor -area -ratio (FAR) and/or 30 dwelling per acre, with a maximum building height of three stories. Based on the City of Santa Ana Zoning Map (Zoning Map), the site is zoned Light Industrial (M1) and Specific Development No. 82 (SD-82).2 According to Ordinance No. NS-2777, permitted uses in the SD-82 District are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial) and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. 2.4 Project Characteristics The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. Specifically, the existing 5,837- square foot building would be remodeled for use as Vista Charter Public Schools district office; refer to Exhibit 3, Conceptual Site Plan. The existing open floor plan would be redesigned to include offices and conference rooms, with the exterior enhanced with new materials and color palette. The remodeled building would have approximately 5,764 square feet of usable interior space. Approximately 10 existing administrative staff would relocate from other Vista Charter educational facilities to the proposed district office; the project would not result in any new jobs. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640-square foot play yard; refer to Exhibit 3. Outdoor areas would serve administrative staff and existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. The community garden, play field, and play yard would not be for public use. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU-1, Land Use Map, April 2022. 2 City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. Dec i Y ouncil 26 — 354 1/16/20 ge 5 -------- ________ ________ / s _ ____----------------------------------------------- �Ck .. 10I 'A7 -rrrrrrrrrrrr q�� �� IIIIIIIIIIIIIIIIIIIIIIIIII Illlllllllllli i� � F G[ R IIIIIIIIIIIII y+ U 9C C A_ IIIIIIIIIIIII I I I I I I I I I I I I I I Q� TID Eos UIIDINIY^ l l_lel�l l l l l l i GPRDENE PARCEL zzsi sr� easel n IEleowaos.m. onovovF __ll _ VB•96 B 394.19'(MI 11 IEII 1 Ill 589. 9'26 E '38C.19' R)� .,'IIII ';III IIIII IIIII III III I I I III IRI—SIF 1 •.I I' } PROJECT SITE P aA6Co sfD (E)BUILDING -•111 III II I o DROP EE r ® (E)VISiAGLOBPLACADEMIES 81 SF I PARCELI 5 PARCEL 3 I I ® ® UBE HEGHUCAT�ON SS I I IEI BUILDING (E)BUILDING — 1 I I I 1 1 190 11 W 5TH ST Source: Studio W Architect%June 2023 VISTA CHARTER PUBLIC SCHOOLS DISTRICT OFFICE AND OUTDOOR SPACE PROJECT CEQA EXEMPTION 15183 INTERNATIONAL Council 26 — 355 1/16/ Teptual Site Plan 10=3 IN199999 Exhibit 3 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Ancillary improvements include landscaping, fencing along the perimeters of the proposed outdoor areas, and expansion of the existing parking lot. The front parking lot facing North Fairview Street would provide 20 parking spaces and the side parking lot adjacent to an existing railroad alignment (currently under construction for electric street cars) would provide 43 spaces. In total, the site would provide 63 parking spaces. Similar to existing conditions, the site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Internal drive aisles would provide access to the proposed office building and outdoor areas. The student drop-off and pick-up area and internal circulation pattern would be slightly modified to accommodate the outdoor learning garden space and the outdoor play areas. Specifically, the fenced play yard would have a dual use. During drop-off and pick-up hours, the fence would be opened to allow for vehicles to use as a drop-off/pick-up turnaround area; no play yard activities would occur during these times. During school hours, the play yard fence would be closed for safety and students would be able to utilize the play yard for school activities.; refer to Exhibit 3. 2.4.1 Entitlements To allow the use of the former automotive repair building for the proposed office use, a Zone Change would be required to modify the existing Light Industrial (M 1) zoning for the site to Specific Development No. 82 (SD-82) to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD-82 zoning district to allow an outdoor play area. Under current SD-82 provisions, play areas for children are limited to indoors only. 2.4.2 Project Construction Construction of the proposed project is anticipated to take approximately eight months to complete. The construction activities would include building construction, paving, and architectural coating. Construction activities would comply with the City's Noise Ordinance, Section 18-314(e) of the Santa Ana Municipal Code (Municipal Code) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. Construction equipment and materials staging would occur within the project site. During construction, vehicular access would be provided via existing access points along North Fairview Street and/or West 5th Street. 3. California Environmental Quality Act Regulatory Setting CEQA applies to proposed projects initiated by, funded by, or requiring discretionary approvals from State or local government agencies. CEQA Guidelines apply generally to discretionary actions by agencies which may have a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment, and if the activity meets the conditions for a CEQA Exemption, it is considered exempt from the provisions of CEQA. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an EIR was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Projects that are consistent with the densities and use characteristics considered by the GPU E I R may qualify for the CEQA Guidelines Section 15183 Exemption process. This exemption process may be used when a project meets the following conditions: Dec i y ouncil 26 — 356 1/16/20 ge 7 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 a) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. b) There are no project specific effects which are peculiar to the project or its site. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. It is the intention of the City to pursue an exemption for the proposed project. The environmental review contained in Section 4 has been prepared to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under CEQA Guidelines Section 15183. The previously certified GPU EIR serves as the primary environmental compliance document for the project, and the text, standards of conditions, and applicable mitigation measures are incorporated by reference. Per the CEQA Guidelines, the exemption does not need to be circulated for public review but can be included in the staff report prior to making a decision on the project. 4. Environmental Review This section includes an assessment, by issue area, of the proposed project's potential effects on the environment. 4.1 Aesthetics 4.1.1 GPU EIR Findings The GPU EIR concluded that while buildout of the General Plan Update would result in greater density and intensity in the five focus areas, aesthetic impacts would be less than significant with implementation of GPU EIR Regulatory Requirements (RR) AE-1 through AE-3. RR AE-1 requires the City to enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 requires the City to enforce development standards and other general provisions as detailed in the Zoning Code (Municipal Code Chapter 41, Zoning) to ensure consistency between the General Plan and proposed development projects. Last, RR AE-3 requires the City to enforce the development standards and guidelines of adopted specific plans. The GPU EIR also states that visual resources in the City include views from public places of the Santiago Creek along the northern portion of the City and the Santa Ana River along the western portion of the City. There are no State -designated scenic highways in Santa Ana. 4.1.2 Project Analysis The project site is located along North Fairview Street and is currently developed with one existing building formerly occupied by automobile repair businesses and associated surface parking. Due to intervening topography and ornamental vegetation, the Santa Ana River and Santiago Creek are not visible from the project site. The proposed project would renovate a former automotive repair building as the Vista Charter Public Schools district office. Although the proposed project Dec i y ouncil 26 - 357 1/16/20 9e 8 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 would require a Zone Change to modify the site's M1 zoning to SD-82, it would make the site's zoning consistent with the rest of the Fairview Business Park. Additionally, no change in density or building height is proposed. Thus, the proposed project would be consistent with the allowed development density for the site's FLEX-1.5 land use designation established by the General Plan Update and would have similar or lesser significant impacts than those analyzed in the GPU EIR. Furthermore, development would be required to comply with existing standards governing aesthetics for the SD-82 zone, which is consistent with the standards for M1 uses in Municipal Code Chapter 41, Article 111, Division 18. Overall, the project would renovate an unused, vacant automobile repair building as a school district office and provide outdoor areas with a community garden and play areas. Thus, the project would improve the aesthetic character of the project site and complement the existing development in the Fairview Business Park. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista, damage scenic resources within a State -designated scenic highway, or conflict with existing policies governing scenic quality. Moreover, to further reduce impacts associated with the proposed project, implementation of RR AE-1 would ensure compliance with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting and adherence to applicable development standards in the Zoning Code. Additionally, the proposed project would comply with existing outdoor lighting standards for nonresidential buildings in Municipal Code Section 8-211, Special commercial building provisions, which require lighting to be contained on -site. Proposed nighttime lighting on -site for the outdoor areas would be limited to security lighting (i.e., no field lights that could impact neighboring uses at night). Therefore, impacts related to nighttime lighting and glare would be less than significant. 4.1.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR AE- 1 and AE-2 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe aesthetic impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR AE-1 The City shall enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 The City shall enforce development standards and other general provisions as detailed in the Zoning Code (Chapter 41 of the Municipal Code) to ensure consistency between the City's General Plan and proposed development projects. This includes compliance with the requirements of any ordinance adopting specific development plans. 4.2 Agriculture and Forestry Resources 4.2.1 GPU EIR Findings Most of the City, including the project site, is urbanized, developed, and does not provide opportunities for agricultural or forestry use. As stated in the GPU EIR, the City is nearly built out and does not contain any significant agricultural resources or land designated or zoned for agricultural use. Dec i y ounci1 26 — 358 1/16/20 9e 9 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.2.2 Project Analysis The project site is fully developed and consists of a building formerly utilized by automobile repair businesses and a surface parking area within the Fairview Business Park. The project does not involve any land use changes related to agriculture, forest land, or timberland production. The project site and surrounding area are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and do not include lands that qualify as forest land or timberland.3 Additionally, there are no lands in the City under a Williamson Act contract.4 Therefore, no impact to agricultural and forestry resources would occur. 4.2.3 Conclusion Overall, the project is consistent with the General Plan Update, and would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to agriculture and forestry resources than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.3 Air Quality 4.3.1 GPU EIR Findings The GPU EIR determined that the General Plan Update is inconsistent with the Air Quality Management Plan (AQMP) because buildout under the General Plan Update would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (Basin). The GPU EIR included Mitigation Measure AQ-2, which would reduce criteria air pollutant emissions from operational - related activities to the extent feasible; however, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast Air Quality Management District (SCAQMD) thresholds. Therefore, the GPU EIR determined that impacts related to AQMP consistency and air quality emissions would remain significant and unavoidable. The GPU EIR also determined that construction activities associated with buildout of the GPU could generate short-term emissions that exceed the SCAQMD significance thresholds and cumulatively contribute to the nonattainment designations of the Basin. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, the GPU EIR determined that construction time frames and equipment for site -specific development projects have a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Thus, impacts were determined to be significant and unavoidable. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed June 29, 2023. a California Department of Conservation, California Williamson Act Enrollment Finder, https://gis.conservation.ca.gov/portal/home/webmap/viewer. htmI?webmap=18f7488cOa9d4d299f5e9c33b3l 2f3l 2, accessed July 26, 2023. Dec I y ouncil 26 — 359 1/16/202 e 10 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.3.2 Project Analysis The following section evaluates the potential short- and long-term air quality impacts that would result from the construction and operation of the proposed project. The analysis is primarily based upon Attachment A, Air Quality/Greenhouse Gas/Energy Modeling Results. CONSISTENCY WITH APPLICABLE AIR QUALITY PLAN In order to reduce emissions in the Basin, the SCAQMD adopted the 2022 Air Quality Management Plan (2022 AQMP) which establishes a program of rules and regulations directed at reducing air pollutant emissions and achieving State and Federal air quality standards. The AQMP is a regional and multi -agency effort including the SCAQMD, California Air Resources Board (CARB), the Southern California Association of Governments (SCAG), and the U.S. Environmental Protection Agency (EPA). The 2022 AQMP pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020-2045 RTP/SCS), updated emission inventory methodologies for various source categories, and SCAG's latest growth forecasts. SCAG's latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The SCAQMD considers projects that are consistent with the AQMP, which is intended to bring the Basin into attainment for all criteria pollutants, to also have less than significant cumulative impacts. Criteria for determining consistency with the AQMP are defined by the following indicators: Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. i) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertains to pollutant concentrations, rather than to total regional emissions, an analysis of the project's pollutant emissions relative to localized pollutant concentrations is used as the basis for evaluating project consistency. As discussed below, localized concentrations of carbon monoxide (CO), nitrogen oxides (NOx), particulate matter less than 10 microns in diameter (PM,o), and particulate matter less than 2.5 microns in diameter (PM2.5) would be less than significant during project construction and operations. Therefore, the proposed project would not result in an increase in the frequency or severity of existing air quality violations.5 5 Because reactive organic gases (ROGs) are not a criteria pollutant, there is no ambient standard or localized threshold for ROGs. Due to the role ROG plays in ozone formation, it is classified as a precursor pollutant and only a reaional emissions threshold has been established. Dec I y ouncil 26 — 360 1/16/202 e 11 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ii) Would the project cause or contribute to new air quality violations? As discussed below, the proposed project would result in emissions that are below the SCAQMD thresholds. Therefore, the project would not have the potential to cause or affect a violation of the ambient air quality standards. iii) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed project would result in less than significant impacts regarding regional and localized concentrations during project construction and operations As such, the project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD's second criterion for determining project consistency focuses on whether the proposed project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. i) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? Growth projections included in the 2022 AQMP form the basis for the projections of air pollutant emissions and are based on general plan land use designations and SCAG's 2020-2045 RTP/SCS demographics forecasts. The population, housing, and employment forecasts within the 2020-2045 RTP/SCS are based on local general plans as well as input from local governments, such as the City. The SCAQMD has incorporated these same demographic growth forecasts for various socioeconomic categories (e.g., population, housing, employment) into the 2022 AQMP. The project site is designated FLEX-1.5 and is zoned M1 and SD-82 zones. The FLEX- 1.5 designation allows for various office uses, a maximum FAR of 1.5 and a maximum building height of three stories. The proposed project would renovate an existing 5,837- square foot building as an office building for Vista Charter Public Schools. The building is located on a 0.9-acre (39,204 square -foot) site, thus providing an FAR of 0.15. The existing building height would remain the same at 19 feet and four inches. As such, the project would meet the design standards of the FLEX-1.5 designation. Permitted uses in the SD-82 zone are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial), and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. To allow the use of the former automotive repair building for the proposed office use, a Zone Change would Dec i y ouncil 26 — 361 1/16/202 e 12 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 be required to modify the existing M1 zone to SD-82 to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD- 82 zoning district to allow outdoor play areas. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640-square foot play yard. Under current SD-82 provisions, play areas for children are limited to indoors only. Upon approval of the above entitlements, the proposed project would be consistent with the requirements of the General Plan Update and project site's zoning, and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. As discussed in Section 4.14, Population and Housing, Vista Charter Public Schools operates six public charter schools in Los Angeles and Orange County and serves a total of 1,500 students. The proposed project creates an opportunity to have a district office located next to the organization's largest school, Vista Heritage Global Academy. However, it is anticipated that the project would not generate new employment opportunities within the existing organization. Additionally, proposed outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As a result, the proposed project would not directly or indirectly result in substantial unplanned population growth in the area or displace substantial numbers of existing people or housing. Additionally, as the SCAQMD has incorporated these same projections into the 2022 AQMP, it can be concluded that the proposed project would be consistent with the projections included in the 2022 AQMP. A less than significant impact would occur in this regard. ii) Would the project implement all feasible air quality mitigation measures? The proposed project would result in less than significant air quality impacts. Compliance with all feasible emission reduction rules and measures identified by the SCAQMD would be required as identified in RR AQ-2 and AQ-3 below. As such, the proposed project meets this 2022 AQMP consistency criterion. iii) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020- 2045 RTP/SCS. There is an existing bus stop located less than one mile to the west of the project site operated by Orange County Transportation Authority. Further, the project would provide bicycle parking and encourage alternate mode of transportation. Therefore, the project would be consistent with the actions and strategies of the 2020-2045 RTP/SCS As such, the proposed project meets this AQMP consistency criterion. In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed project would not result in a long-term impact on the region's ability to meet State and Federal air quality standards. Further, the proposed project's long-term influence on air quality in the Basin would also be consistent with the SCAQMD and SCAG's goals and policies and is considered consistent with the 2022 AQMP. Dec i y ouncil 26 — 362 1/16/20'2 e 13 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 CRITERIA AIR POLLUTANTS Construction Impacts The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public Schools and is not expected to involve any major construction activities. The project would be constructed over approximately eight months. Earthwork would be balanced on - site and would not require soil import or export. Exhaust emission factors for typical diesel - powered heavy equipment are based on the California Emissions Estimator Model version 2022.1 (CaIEEMod) program defaults. Variables factored into estimating the total construction emissions include the level of activity, length of construction period, number of pieces and types of equipment in use, site characteristics, weather conditions, number of construction personnel, and the amount of materials to be transported on- or off -site. The analysis of daily construction emissions has been prepared utilizing CaIEEMod. Refer to Attachment A for the CaIEEMod outputs and results. Fugitive dust emissions are associated with land clearing, ground excavation, cut -and -fill, and truck travel on unpaved roadways (including demolition as well as construction activities). Exhaust emissions from construction activities include emissions associated with the transport of machinery and supplies to and from the project site, employee commutes to the project site, emissions produced on -site as the equipment is used, and emissions from trucks transporting materials to/from the site. In addition to gaseous and particulate emissions, the application of asphalt and surface coatings creates ROG emissions, which are 03 precursors. Table 1, Proiect-Generated Construction Emissions, presents the anticipated daily short-term construction emissions. Table 1 Project -Generated Construction Emissions Emissions Source Pollutant (poundslda#,' ROG NOx c0 S02 PM10 Year 1 Construction Emissions2 0.59 5.98 7.14 0.01 0.32 0.27 Year 2 Construction Emissions2 0.89 5.65 7.11 0.01 0.44 0.25 Maximum Daily Emissions 0.89 5.98 7.14 0.01 0.44 0.27 SCAQMD Regional Thresholds 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CaIEEMod version 2022.1. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. Source: Refer to Attachment A for assumptions used in this analysis. Construction Emissions Conclusion With the implementation of RR AQ-2 and AQ-3, criteria pollutant emissions during construction of the proposed project would not exceed the SCAQMD significance thresholds; refer to Table 1. Thus, total construction related air emissions would be less than significant. Operational Impacts Long-term operational air quality impacts consist of mobile source emissions generated from project -related traffic and emissions from stationary area and energy sources. It should be noted that emission reductions from the existing uses are not taken into account as they are currently vacant. Area source emissions include those generated by architectural coatings, consumer Dec i y ouncil 26 — 363 1/16/20'2 e 14 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 products, and landscape maintenance equipment associated with the development of the proposed project. Energy source emissions would be generated as a result of electricity and natural gas usage associated with the proposed project. Mobile sources are emissions from motor vehicles, including tailpipe and evaporative emissions. Emissions associated with each source are detailed in Table 2, Project -Generated Operational Emissions. Table 2 Project -Generated Operational Emissions Emissions Source Pollutant (pounds/day)' ROG NOx CO SOx PM,o PMz.s Project Summer Emissions Area 0.22 <0.01 0.30 <0.01 <0.01 <0.01 Energy <0.01 0.05 0.04 <0.01 <0.01 <0.01 Mobile 0.27 0.18 1.95 <0.01 0.41 0.11 Total Summer Emissions2 0.49 0.23 2.30 <0.01 0.41 0.11 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Project Winter Emissions Area 0.17 0.00 0.00 0.00 0.00 0.00 Energy <0.01 0.05 0.04 <0.01 <0.01 <0.01 Mobile 0.27 0.20 1.85 <0.01 0.41 0.11 Total Winter Emissions2 0.44 0.24 1.89 <0.01 0.41 0.11 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CalEEMod version 2022.1 and are based on 7,000 square feet building area as a conservative analysis. 2. The numbers may be slightly off due to rounding. Source: Refer to Attachment A for assumptions used in this analysis. As shown in Table 2, the total operational emissions for both summer and winter would not exceed established SCAQMD thresholds. Therefore, impacts in this regard would be less than significant. Air Quality Health Impacts Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables (e.g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [e.g., age, gender]). In particular, 03 precursors, VOCs, and NOx, affect air quality on a regional scale. Health effects related to 03 are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations, and, as such, translating project -generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the project's less than significant increases in regional air pollution from criteria air pollutants would have nominal or negligible impacts on human health. As noted in the Brief of Amicus Curiae by the SCAQMD (April 6, 2015) for Sierra Club vs. County of Fresno, the SCAQMD acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form. Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD) (April 13, 2015) for the Sierra Club vs. County of Fresno, SJVAPCD acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project's air emissions and specific human health impacts. Dec i y ouncil 26 - 364 1/16/20'2 e 15 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 The SCAQMD acknowledges that health effects quantification from 03, as an example, is correlated with the increases in ambient level of 03 in the air (concentration) that an individual person breathes. The SCAQMD's Brief of Amicus Curiae for Sierra Club vs. County of Fresno states that it would take a large amount of additional emissions to cause a modeled increase in ambient 03 levels over the entire region. The SCAQMD states that based on their own modeling in the SCAQMD's 2012 AQMP, a reduction of 432 tons (864,000 pounds) per day of NOx and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce 03 levels at highest monitored sites by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify 03-related health impacts caused by NOx or VOC emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations. Thus, as the project would not exceed SCAQMD thresholds for construction and operational air emissions, the project would have a less than significant impact for air quality health impacts. LOCALIZED POLLUTANTS AND SENSITIVE RECEPTORS Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The CARB has identified the following groups of individuals as those most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The closest sensitive receptor to the project site is the Vista Heritage Global Academy School adjacent to the south of the project site. The closest residential uses are located approximately 100 feet to the north of the project site and the existing Romero -Cruz Academy school is located approximately 100 feet to the west. Localized Significance Thresholds Localized Significance Thresholds (LSTs) were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized air quality impacts. The SCAQMD provides the LST lookup tables for one-, two-, and five -acre projects emitting CO, NOx, PM2.5, and/or PM1o. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The project site is located within Source Receptor Area (SRA) 17, Central Orange County. Construction LST The SCAQMD guidance on applying CaIEEMod to LSTs specifies the number of acres a particular piece of equipment would likely disturb per day.6 SCAQMD provides LST thresholds for one-, two, and five -acre site disturbance areas; SCAQMD does not provide LST thresholds for projects over five acres. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools and would not involve any grading or major construction related activities and therefore, there would not be any 6 The number of acres represent the total acres traversed by grading equipment. In order to properly grade a piece of land, multiple passes with equipment may be required. The disturbance acreage is based on the equipment list and days of the grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday. Dec I y ounci1 26 — 365 1/16/20'2 e 16 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 significant on -site localized construction emissions. As such the project's localized construction emissions would not exceed the LSTs for SRA 17 and localized significance impacts from project - related construction would be less than significant. Operational LST According to SCAQMD LST methodology, LSTs would apply to operational activities if the project includes stationary sources or attracts mobile sources that may spend extended periods queuing and idling at the site (i.e., warehouse or transfer facilities). The proposed project does not include such uses. Thus, due to the lack of such emissions, no long-term LST analysis is needed. Operational LST impacts would be less than significant in this regard. Carbon Monoxide Hotspots CO emissions are a function of vehicle idling time, meteorological conditions, and traffic flow. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthful levels (e.g., adversely affecting residents, school children, hospital patients, and the elderly). The Basin is designated as an attainment/maintenance area for the Federal CO standards and an attainment area under State standards. There has been a decline in CO emissions even though vehicle miles traveled (VMT) on U.S. urban and rural roads have increased; estimated anthropogenic CO emissions have decreased 68 percent between 1990 and 2014. In 2014, mobile sources accounted for 82 percent of the nation's total anthropogenic CO emissions.' Three major control programs have contributed to the reduced per -vehicle CO emissions, including exhaust standards, cleaner burning fuels, and motor vehicle inspection/maintenance programs. According to the SCAQMD CEQA Air Quality Handbook, a potential CO hotspot may occur at any location where the background CO concentration already exceeds 9.0 parts per million (ppm), which is the 8-hour California ambient air quality standard. The closest monitoring station to the project site that monitors CO concentration is Anaheim — 812 West Vermont Street, which is located approximately 4.5 miles north of the project site. The maximum CO concentration at Anaheim — 812 West Vermont Street station was measured at 1.976 ppm in 2022.8 Given that the background CO concentration does not currently exceed 9.0 ppm, a CO hotspot would not occur at the project site. Therefore, CO hotspot impacts would be less than significant in this regard. Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by State, Federal, and international agencies and was identified as a toxic air contaminant by CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, U.S. Environmental Protection Agency, Carbon Monoxide Emissions, https://cfpub.epa.gov/roe/indicator pdf.cfm?i=10, accessed July 3, 2023. 8 California Air Resources Board, Air Quality and Meteorological Information, 4.3.3 https://www.arb.ca.gov/agmis2/agdselect.php?tab=specialrpt, accessed July 3, 2023. Dec I y ouncil 26 — 366 1/16/202 e 17 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, serpentinite and ultramafic rocks are not known to occur within the project area.9 It is possible that the existing on -site structure contains asbestos. According to SCAQMD Rule 1403 requirements, prior to the start of demolition activities, the existing structure shall be thoroughly surveyed for the presence of asbestos by a person that is certified by Cal/OSHA for asbestos surveys. Rule 1403 requires that the SCAQMD be notified a minimum of 10 days before any demolition activities begin with specific details of all asbestos to be removed, start and completion dates of demolition, work practices and engineering controls to be used to contain the asbestos emissions, estimates on the amount of asbestos to be removed, the name of the waste disposal site where the asbestos will be taken, and names and addresses of all contractors and transporters that will be involved in the asbestos removal process. Therefore, through adherence to the asbestos removal requirements, detailed in SCAQMD Rule 1403, a less than significant asbestos impact would occur during construction of the proposed project. Health Risk Impacts of On -Site Sensitive Receptors The project site is located adjacent to an existing railroad and light industrial uses. Therefore, the proposed on -site outdoor play area could be exposed to potential health impacts. It should be noted that according to several court decisions, CEQA analysis is not required to analyze impacts of the existing environment on a proposed project unless the project risks exacerbating existing environmental hazards. As such, the following discussion on the health risk impacts of on -site sensitive receptors is for informational purposes only. The SCAQMD recommends that health risk assessments be conducted for substantial sources of diesel particulate emissions (e.g., truck idling and movements, ship hoteling at ports, and train idling) and has provided guidance for analyzing mobile source diesel emissions.10 Similarly, CARB requires a health risk assessment when siting new sensitive land uses within 1,000 feet of a major service and maintenance rail yard or within 1,000 feet of a distribution center that accommodates more than 100 trucks per day.11 It should be noted that emissions of diesel particulate matter from train idling occurs predominantly at railroad yards, train stations, and train stops. Most train idling emissions are concentrated at railroad yards, where switching engines and local yard service operations are performed. The proposed project is located next to a railroad and is not located in the vicinity of a railyard or a train station. The railroad is currently not operational and is being developed to build a fixed guideway system called the Orange County Streetcar (OC Streetcar). The proposed OC Streetcars would be electrically -powered and would not consume diesel and thus, would not generate diesel particulate matter. Furthermore, the light industrial uses located to the south of the project site are small warehouses that do not qualify as a distribution center, and only involve occasional delivery truck trips that are much less than 100 s California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr 2000-019.pdf, accessed April 3, 2023. 10 South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions, December 2002. 11 California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, April 2005. Dec I y ouncil 26 — 367 1/16/20'2 e 18 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 truck trips per day. Therefore, diesel particulate matter emissions generated by the light industrial uses to the south are nominal and would not cause significant health impacts to on -site sensitive receptors (i.e., proposed outdoor play area). As such, on -site sensitive receptors would have less than significant health impacts from the future operations of the OC Streetcar and the existing operations of adjacent light industrial uses, and potential health risk from the future OC Streetcar and existing light industrial uses on on -site sensitive receptors was not quantified. A less than significant impact would occur in this regard. OBJECTIONABLE ODORS According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed project does not include any uses identified by the SCAQMD as being associated with odors. Construction activities associated with the project may generate detectable odors from heavy- duty equipment exhaust and architectural coatings. However, construction -related odors would be short-term in nature and cease upon project completion. In addition, the project would be required to comply with the California Code of Regulations, Title 13, Sections 2449(d)(3) and 2485, which minimize the idling time of construction equipment either by requiring equipment to be shut off when not in use or limiting idling time to no more than five minutes. Compliance with these existing regulations would further reduce the detectable odors from heavy-duty equipment exhaust. Project's compliance with RR AQ-3 would ensure compliance with the SCAQMD Regulation XI, Rule 1113 —Architectural Coating, which would minimize odor impacts from ROG emissions during architectural coating. Any odor impacts to existing adjacent land uses would be short-term and negligible. As such, the project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Impacts would be less than significant in this regard. 4.3.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR AQ-1 though AQ-3 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe air quality impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR AQ-1 (amended) New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 202249 Building Energy Efficiency Standards became effective January 1, 20220. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. Dec i y ouncil 26 — 368 1/16/20'2 e 19 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Rule 402, Nuisance, which states that a project shall not "discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 1113, which limits the volatile organic compound content of architectural coatings. • Rule 1466, Soil Disturbance. Projects that involve earth -moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. 4.4 Biological Resources 4.4.1 GPU EIR Findings According to the GPU EIR, the City is built out with primarily industrial, commercial, and residential uses. Wildlife habitats within the City are generally limited to open space/vacant parcels, the Santa Ana River, and the Santiago Creek. While no development or land use changes are proposed in the City's open space areas, sensitive species may still be present in Santa Ana and vegetation removal for redevelopment in the City could adversely impact special status species and/or migratory birds. Thus, Mitigation Measure BI0-1 would require screening by a qualified biologist to determine if a site -specific biological resources report is required for projects that disturb vegetated land or major streams. No land use changes are proposed on parcels identified with riparian habitat, sensitive natural communities, or wetlands. Additionally, the City is not within a Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area. Thus, the GPU EIR concluded that the General Plan Update would have no impact in those regards. 4.4.2 Project Analysis The project site is located within the General Plan Update West Santa Ana Boulevard Focus Area, which includes 28 open space designated parcels and zero vacant parcels. The project site is urbanized and fully disturbed/developed. The proposed project would renovate a former automotive repair building as the Vista Charter Public Schools district office and redevelop existing surface parking lots into an outdoor community garden, outdoor play field, and outdoor play yard. The project site does not include any wildlife or riparian habitat, sensitive natural communities, or wildlife corridors. Although the project site contains limited ornamental vegetation, the site does not include attributes that would be capable of supporting special status or sensitive plant species, or native resident or migratory species. Additionally, project compliance with RR B-2 would ensure any potential direct or indirect impacts to common bird species comply with California Fish and Game Code Section 3503, which prohibits the take, possession, or needless destruction of any bird's nest or eggs. Further, all proposed activities would occur within Dec i y ouncil 26 — 369 1/16/202 e 20 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 established urbanized areas and not include land uses or activities that would remove or impact any biological resources. No new or substantially more severe impacts would occur compared to the determination in the GPU EIR, and no new mitigation measures are required. As stated, the City is not within an NCCP/HCP area. Therefore, the proposed project would not conflict with an NCCP/HCP or other approved local, regional, or State habitat conservation plan. 4.4.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR B-2 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe biological resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR B-2 Regulatory requirement for potential direct/indirect impacts to common and sensitive bird and raptor species will require compliance with the California Fish and Game Code Section 3503. 4.5 Cultural Resources 4.5.1 GPU EIR Findings The GPU EIR concluded that future development under the General Plan Update could adversely impact the City's numerous historical properties listed in national, State, and local registers. However, impacts would be reduced to less than significant levels upon implementation of RR CUL-1 through CUL-6 and Mitigation Measures CUL-1 through CUL-7. Specifically, Mitigation Measure CUL-1 would require a historical resources assessment (HRA) for structures 45 years or older. Mitigation Measure CUL-2 would require the maximum use of the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings to ensure that projects involving relocation, conversion, rehabilitation, or alteration of a historic resources would not impair any historical significance. In the event that impacts to historical resources cannot be avoided, Mitigation Measure CUL-3 would require the affected historical resources to be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. To reduce impacts to archaeological resources and prior to ground -disturbing activities, Mitigation Measure CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of a qualitied archaeologist. If potentially significant archaeological resources are identified and impacts cannot be avoided, Mitigation Measure CUL-5 requires a Phase II Testing and Evaluation investigation be performed by a qualified archaeologist. If the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. Pursuant to Mitigation Measure CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, a qualified archaeologist must be retained on -call. Overall, implementation of regulatory requirements and Mitigation Measures CUL-1 through CUL-7 would reduce impacts to less than significant levels. Dec i y ouncil 26 — 370 1/16/20'2 e 21 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.5.2 Project Analysis The project site is located within the western portion of the West Santa Ana Boulevard Focus Area and does not contain any historical resources as defined by CEQA Guidelines Section 15064.5(a). Thus, no impacts would occur with regards to historical resources. Although the project would redevelop the shared surface parking lot in the southern portion of the site into an outdoor community garden, play field, and play yard, the proposed project would not require extensive excavation that could uncover previously undiscovered archaeological resources or disturb human remains. Typical excavation depth would be a maximum of four feet for the majority of the site with the deepest excavation of approximately eight feet for an underground infiltration chamber related to stormwater improvements. RR CUL-1 requires that if human remains are discovered within the project site, disturbance of the site must halt until the County coroner has investigated and recommended treatment and disposition of the remains. If the human remains are determined to be Native American in origin, the Native American Heritage Commission must be contacted. Upon implementation of RR CUL-1, impacts would be less than significant in these regards. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. 4.5.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR CUL- 1, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe cultural resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. 4.6 Energy 4.6.1 GPU EIR Findings The GPU EIR determined that implementation of the General Plan Update policies, in conjunction with regulatory requirements, would ensure that energy demand associated with growth under the General Plan Update would not be inefficient, wasteful, or unnecessary. Additionally, the General Plan Update would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Dec i y ouncil 26 — 371 1/16/20'2 e 22 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.6.2 Project Analysis ENERGY CONSUMPTION Construction During construction, the project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Fossil fuels used for construction vehicles and other energy -consuming equipment would be used during building construction, paving, and architectural coatings. Fuel energy consumed during construction would be temporary and would not represent a significant demand on energy resources. In addition, some incidental energy conservation would occur during construction through compliance with State and RR E-1 requirements that heavy-duty diesel equipment not in use for more than five minutes be turned off. Project construction equipment would also be required to comply with the latest U.S. Environmental Protection Agency (EPA) and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Substantial reductions in energy inputs for construction materials can be achieved by selecting green building materials composed of recycled materials that require less energy to produce than non -recycled materials.12 Compliance with RR E-2 and the integration of green building materials can help reduce environmental impacts associated with the extraction, transport, processing, fabrication, installation, reuse, recycling, and disposal of these building industry source materials.13 The project -related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public Schools and is not expected to involve any major construction activities or construction of new structures. As such, the project's fuel consumption from off -road construction equipment use would be nominal and would not significantly increase fuel use in the County. Similarly, the project's fuel consumption from on -road construction vehicle use would be nominal and would not significantly increase fuel use in the County. As such, construction would have a nominal effect on the local and regional energy supplies. It is noted that construction fuel use is temporary and would cease upon completion of construction activities. There are no unusual project characteristics that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or State. Therefore, by complying with RR E-1 and E- 2, construction fuel consumption would not be any more inefficient, wasteful, or unnecessary than other similar development projects of this nature. As such, a less than significant impact would occur in this regard. 12 CalRecycle, Green Building Materials, https://www.calrecycle.ca.gov/greenbuiIding/materials#Material, accessed August 15, 2023. 13 Ibid. Dec i y ouncil 26 — 372 1/16/20'2 e 23 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Operations Transportation Enerav Demand Pursuant to the federal Energy Policy and Conservation Act of 1975, the National Highway Traffic and Safety Administration is responsible for establishing additional vehicle standards and for revising existing standards. Compliance with federal fuel economy standards is not determined for each individual vehicle model. Rather, compliance is determined based on each manufacturer's average fuel economy for the portion of their vehicles produced for sale in the United States. According to the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023, the proposed project would generate 84 average daily trips without taking trip reductions from the existing uses as they are currently vacant. As such, with the 84 average daily trips, the project would have a nominal increase the County's automotive fuel consumption. The project does not propose any unusual features that would result in excessive long-term operational fuel consumption. The key drivers of transportation -related fuel consumption are commuting for work and many personal choices on when to drive to the site for various purposes. Those factors are outside of the scope of the design of the proposed project. However, the project would provide on -site bicycle parking and promote the use of alternate mode of transportation. Additionally, an Orange County Transportation Authority bus stop is located less than 0.1 miles to the west of the project site. As such, this project would encourage and support the use of alternative modes of transportation, thus reducing petroleum fuel consumption. Therefore, fuel consumption associated with vehicle trips generated by the project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. A less than significant impact would occur in this regard. Building Energy Demand Compliance with RR E-3 and E-4 would ensure project's compliance with the most current version of the 2022 Title 24 Building Energy Efficiency Standards (commonly known as Title 24), which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Additionally, the project would exceed the 2022 Title 24 standards. Compliance with the current 2022 Title 24 standards significantly reduces energy usage. As modeled in CaIEEMod and detailed in Attachment A, the project would consume 124,742 kilowatt-hour of electricity and 177,425 kilo British thermal units of natural gas per year, which is nominal compared to regional energy consumption. It should be noted that as a conservative analysis, existing uses on -site were not modeled or deducted from project energy consumption. Furthermore, the electricity provider, SCE, is subject to California's Renewables Portfolio Standard (RPS). The RPS requires investor -owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 60 percent of total procurement by 2030, and 100 percent by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The increase in reliance of such energy resources further ensures that new development projects will not result in the waste of the finite energy resources. Therefore, by using electricity from SCE, the project would be in compliance with RR E-5. As a result, the project would ensure energy consumption to be kept to a minimum through high efficiency lighting, energy efficient appliances, and on -site renewable energy production. Dec i y ouncil 26 — 373 1/16/202 e 24 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Therefore, the project would not cause wasteful, inefficient, and unnecessary consumption of building energy during project operation, or preempt future energy development or future energy conservation. A less than significant impact would occur in this regard. CONSISTENCY WITH APPLICABLE ENERGY PLANS State and regional plans for renewable energy and energy efficiency include the California Energy Commission's Integrated Energy Policy Report (IEPR), Title 24 standards, and CALGreen standards. The project would exceed 2022 Title 24 and CALGreen standards and incorporate all applicable energy efficiency measures in compliance with RR E-1 through E-5. The project proposes to remodel and reoccupy an existing building to use as an office building for Vista Charter Public School use. The proposed project would be compliant with all applicable goals and all other all applicable goals and policies by incorporating energy-, water- and waste -efficiency building features as per Title 24 standards. The project would also install water efficient features such as low -flow fixtures and water efficient and drought tolerant irrigation system to further reduce water consumption. Compliance with Title 24 and CALGreen standards would ensure the project's consistency with the IEPR building energy efficiency recommendations, which would ensure project conformance with the State's energy reduction goals. Less than significant impacts would occur in this regard. 4.6.3 Conclusion The project is consistent with the General Plan Update. With implementation of RR E-1 through E-5, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe energy impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. Dec i y ouncil 26 — 374 1/16/20'2 e 25 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.7 Geology and Soils 4.7.1 GPU EIR Findings The GPU EIR concluded that future development under the General Plan Update would be subject to potential seismic -related hazards including strong seismic ground shaking, seismic - related ground failure, and landslides. Further, development associated with the General Plan Update could result in unstable geologic unit or soil conditions, including soil erosion, expansive soils, settlement and collapse, and subsidence. However, implementation of RR G-1, through G- 3 would reduce impacts to less than significant levels. Specifically, RR G-1 and G-2 require development to comply with the most recent version of the California Building Code and Municipal Code Chapter 8, Buildings and Structures, and RR G-3 requires all buildings or structures within the City that require plumbing fixtures be connected to a public sewer per Municipal Code Section 39-51, Mandatory Connections. The GPU EIR also concluded that development under the General Plan Update could impact known and unknown paleontological resources through grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past. Therefore, Mitigation Measures GEO-1 through GEO- 3 require monitoring based on the sensitivity level of sites for paleontological resources. Overall, the GPU EIR concluded that implementation of regulatory requirements and Mitigation Measures GEO-1 through GEO-3 would reduce geology and soil impacts to less than significant levels. 4.7.2 Project Analysis The project site is located in a seismically active area, as is most of southern California. However, the project site is not located within a State -designated Alquist-Priolo Fault Hazard Zone. The nearest fault to the project site is the Bolsa-Fairview Fault (Newport -Inglewood Rose Canyon fault zone), located approximately 5.5 miles to the southwest. No active faults are known to cross the project site. Additionally, the site is not located in an area identified as a potential landslide hazard area by the State or City. However, the project site is located within an area susceptible to liquefaction. As described above, implementation of RR G-1 and G-2 would reduce impacts in this regard to less than significant levels. Consistent with the General Plan, compliance with existing regulations would ensure the proposed project would not result in a significant impact related to seismic hazards or liquefaction. Construction of the proposed project would involve minimal ground -disturbing activities given the nature of the proposed improvements. As mentioned above, while construction activities may result in the potential for erosion to occur, implementation of RR G-1 and G-2 would reduce impacts in this regard to less than significant levels. Consistent with the General Plan, compliance with existing regulations including implementation of regulatory requirements would ensure the proposed project would not result in a significant impact related to erosion. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. Lateral spreading is a type of liquefaction -induced ground failure on mildly sloping ground. However, the project site is located on relatively level ground, and implementation of the proposed project would not increase the risk of landslides. Therefore, no impacts related to lateral spreading would occur. Subsidence is the lowering of surface elevation due to changes occurring underground, such as the extraction of large amounts of groundwater. The proposed project would not involve the extraction of any groundwater, oil, or gas from the project site. Clay -based soils are typically susceptible to expansion. The geologic materials under the project site have very low expansive potential (plasticity index value less than 15) and are classified as non - Dec i y ouncil 26 — 375 1/16/20'2 e 26 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 expansive in accordance with the 2022 California Building Code, Section 1803.5.3.14,15 As such, no impacts related to unstable or expansive soils would occur. In compliance with RR G-3, construction and operation of the proposed project would not involve the use of septic tanks or alternative wastewater disposal systems. As such, compliance with existing regulatory requirements would ensure no impact related to the use of such systems would occur. With regards to paleontological resources, the project site is disturbed and built out in nature; however, sediments in the project site are considered to have paleontological sensitivity increasing with depth. Specifically, the project site is underlain by silty sand of alluvial fan deposits (Qyfsa) which contain "low -to -high" paleontological sensitivity; refer to GPU EIR Figure 5.6-3, Paleontological Sensitivity. As such, in the event of paleontological resource discovery, the proposed project would comply with GPU EIR Mitigation Measure GEO-3, which requires construction work to halt within a 50-foot radius of a find. With adherence to the City's existing requirements for paleontological resources, less than significant impacts related to paleontological resources would occur. 4.7.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR G-1 and G-2 and Mitigation Measure GEO-3 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project - specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to geology and soils than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on -site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with "Unreinforced Masonry Law," found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. 14International Code Council, 2022 California Building Code, Title 24, Part 2, https://codes.iccsafe.org/content/CABC2022P1/chapter-18-soils-and-foundations, accessed July 26, 2023. 15 U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey, https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx, accessed July 26, 2023. Dec 1 y ouncil 26 — 376 1/16/202 e 27 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 4.8 Greenhouse Gas Emissions 4.8.1 GPU EIR Findings The GPU EIR determined that implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the State and City to meet the 2050 goal, but in the meantime, the GPU EIR determined that buildout of the General Plan Update would result in significant and unavoidable GHG impacts. However, the GPU EIR determined that the General Plan Update would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. 4.8.2 Project Analysis The following section evaluates the potential GHG impacts that would result from implementation of the proposed project. This analysis is primarily based upon Attachment A, Air Qualitu/Greenhouse Gas/Energy Modelinq Results. THRESHOLDS OF SIGNIFICANCE Amendments to CEQA Guidelines Section 15064.4 were adopted to assist lead agencies in determining the significance of the impacts of GHG emissions and gives lead agencies the discretion to determine whether to assess those emissions quantitatively or qualitatively. This section recommends certain factors to be considered in the determination of significance (i.e., the extent to which a project may increase or reduce GHG emissions compared to the existing environment; whether the project exceeds an applicable significance threshold; and the extent to which the project complies with regulations or requirements adopted to implement a plan for the reduction or mitigation of GHGs). The amendments do not establish a threshold of significance; rather, lead agencies are granted discretion to establish significance thresholds for their respective jurisdictions, including looking to thresholds developed by other public agencies or suggested by other experts, such as the California Air Pollution Control Officers Association (CAPCOA), so long as any threshold chosen is supported by substantial evidence (CEQA Guidelines Section 15064.7(c)). The California Natural Resources Agency has also clarified that the CEQA Guidelines amendments focus on the effects of GHG emissions as cumulative impacts, and therefore GHG emissions should be analyzed in the context of CEQA's Dec i y ouncil 26 — 377 1/16/202 e 28 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 requirements for cumulative impact analyses (CEQA Guidelines Section 15064(h)(3)).16,17 A project's incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements to avoid or substantially lessen the cumulative problem within the geographic area of the project.18 The GPU EIR describes that if project emissions are below the 3,000 MTCO2e bright -line screening threshold, GHG emissions impacts would be considered less than significant. As such, the analysis utilizes the 3,000 MTCO2e per year numerical threshold of significance for GHG emissions and the methodology for evaluating the project's impacts related to GHG emissions also focuses on its consistency with Statewide, regional, and local plans adopted for the purpose of reducing and/or mitigating GHG emissions. PROJECT -RELATED GHG EMISSIONS Project -related GHG emissions include emissions from direct and indirect sources. Direct project - related GHG emissions include emissions from construction activities, area sources, mobile sources, and refrigerants, while indirect sources include emissions from energy consumption, water demand, and solid waste generation. The CalEEMod, version 2022.1 was used to calculate project -related GHG emissions. Table 3, Estimated Greenhouse Gas Emissions, presents the estimated CO2, N20, and CH4 emissions associated with the proposed project; refer to Attachment A for the CaIEEMod outputs. "California Natural Resources Agency, Final Statement of Reasons for Regulatory Action, pp. 11-13, 14, 16, December 2009, https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/Final_Statement_of_Reasons.pdf, accessed July 13, 2023. " State of California Governor's Office of Planning and Research, Transmittal of the Governor's Office of Planning and Research's Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009, https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/COl.pdf, accessed July 13, 2023. 18 14 CCR Section 15064(h)(3). Dec I y ouncil 26 — 378 1/16/20'2 e 29 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 3 Estimated Greenhouse Gas Emissions Source CO2 CH4 N20 Refrigerants COze Metric Tons/year' Direct Emissions Construction amortized over 30 ears 2.57 <0.01 <0.01 <0.01 2.58 Area Source 0.14 <0.01 <0.01 <0.01 0.14 Mobile Source 55.10 <0.01 <0.01 0.01 56.00 Refrigerants 0.00 0.00 0.00 <0.01 <0.01 Total Direct Emissions2 57.81 <0.01 <0.01 <0.01 58.72 Indirect Emissions Energy 39.50 <0.01 <0.01 0.00 39.70 Solid Waste 0.58 0.06 0.00 0.00 2.03 Water Demand 2.48 0.04 <0.01 0.00 3.78 Total Indirect Emissions2 42.56 0.10 <0.01 0.00 45.51 Total Project -Related Emissionsz 104.23 GPU EIR GHG Significance Threshol'dsl 3,000 MTCO2e Exceeds Thresholds? No Notes: 1. Emissions calculated using California Emissions Estimator Model Version 2022.1 (CaIEEMod) computer model and are based on 7,000 square feet building area as a conservative analysis. 2. Totals may be slightly off due to rounding. Refer to Attachment A, for detailed model in utlout ut data. Direct Project -Related Sources of Greenhouse Gases Construction Emissions. Construction GHG emissions are typically summed and amortized over the lifetime of the project (assumed to be 30 years), then added to the operational emissions.19 The project would comply with RR GHG-1 which restricts non -essential idling of construction equipment and RR GHG-7 which ensures recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during construction. As shown in Table 3, the proposed project would result in 2.58 MTCO2e per year construction emissions when amortized over 30 years (or a total of 77.3 MTCO2e in 30 years). Area Source. Area source emissions were calculated using CaIEEMod and project -specific land use data. Project -related area sources include natural gas consumption for space heating and exhaust emissions from landscape maintenance equipment, such as lawnmowers, shedders/grinders, blowers, trimmers, chain saws, and hedge trimmers used to maintain the landscaping of the site. The project would directly result in 0.14 MTCO2e per year from area source emissions; refer to Table 3. Mobile Source. CaIEEMod relies upon trip generation rates from the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023. The proposed project would generate 84 average daily trips without taking trip reduction from the existing uses on -site as they are currently vacant. The project would result in 19 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Draft Guidance Document - Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008). Dec I y ouncil 26 - 379 1/16/202 e 30 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 approximately 56.00 MTCO2e per year of mobile source generated GHG emissions; refer to Table 3. Refrigerants. Refrigerants are substances used in equipment for air conditioning and refrigeration. Most of the refrigerants used today are HFCs or blends thereof, which can have high GWP values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a GWP that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate. The proposed project would result in less than 0.01 MTCO2e per year of GHG emissions from refrigerants; refer to Table 3. Indirect Project -Related Sources of Greenhouse Gases Energy Consumption. Energy consumption emissions were calculated using CalEEMod and project -specific land use data. Southern California Edison (SCE) would provide electricity to the project site. Compliance with RR GHG-1 would ensure project's consistency with 2022 Title 24 standards. The project would also exceed 2022 Title 24 standards, which has been not incorporated in CalEEMod as a conservative analysis. The project would indirectly result in 39.70 MTCO2e per year due to energy consumption; refer to Table 3. Solid Waste. Solid waste associated with operations of the proposed project would result in 2.03 MTCO2e per year; refer to Table 3. Water Demand. The project would comply with RR GHG-3 which ensures adherence to current CALGreen standards that requires increased water efficiency and reduce urban per capita water demand. The project operations would result in a demand of approximately 6.57 million gallons of water per year. Emissions from indirect energy impacts due to water supply would result in 3.78 MTCO2e per year; refer to Table 3. Total Project -Related Sources of Greenhouse Gases As shown in Table 3, the total amount of project -related GHG emissions from direct and indirect sources combined would total 104.23 MTCO2e per year. As such, the project would not exceed the 3,000 MTCO2e bright -line screening threshold and no new impacts would occur. CONSISTENCY WITH APPLICABLE GHG PLANS, POLICIES, OR REGULATIONS The GHG plan consistency analysis for the project is based on the project's consistency with the CARB 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan), and the City's General Plan Update. The 2022 Scoping Plan describes the approach the State will take to achieve carbon neutrality by 2045. The General Plan Update contains goals, policies, and measures that would reduce GHG emissions within the City. Consistency with the 2022 CARB Scoping Plan The 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each Assembly Bill (AB) 32 inventory sector. Provided in Table 4, Consistency with the 2022 Scoping Plan: AB 32 GHG Inventory Sectors, is an evaluation of applicable reduction actions/strategies by emissions source category to determine how the project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan. Dec i y ouncil 26 — 380 1/16/20'2 e 31 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 4 Consistency with the 2022 Scoping Plan: AB 32 GHG Inventory Sectors Actions and Strategies Project Consistency Analysis Smart Growth I Vehicles Miles Traveled VMT Reduce VMT per capita to 25% below Consistent. The project would require installation of bicycle parking in 2019 levels by 2030, and 30% below accordance with the 2022 Title 24 standards and CALGreen Code, which would 2019 levels by 2045 promote alternative mode of transportation to reduce VMT. Additionally, the project would be located near an existing Orange County Transportation Authority transit stop. As such, the project would be consistent with this action. New Residential and Commercial Buildin s All electric appliances beginning 2026 Consistent. The project is expected to consist of natural gas heating and/or (residential) and 2029 (commercial), cooking on -site. The City has not adopted an ordinance or program limiting the contributing to 6 million heat pumps use of natural gas for on -site cooking and/or heating. However, if adopted, the installed statewide by 2030 project would comply with the applicable goals or policies limiting the use of natural gas equipment in the future. Furthermore, the project would install high efficiency lighting and appliances. As such, the project would be consistent with this action. Construction Equipment Achieve 25% of energy demand Consistent. The City has not adopted an ordinance or program requiring electrified by 2030 and 75% electrified by electricity -powered construction equipment. However, if adopted, the project 2045 would be required to comply with the applicable goals or policies requiring the use of electric construction equipment in the future. As such, the project would be consistent with this action. Non -combustion Methane Emissions Divert 75% of organic waste from landfills Consistent. Senate Bill (SB) 1383 establishes targets to achieve a 50 percent by 2025 reduction in the level of the Statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the project would be consistent with this action. Source: California Air Resources Board, 2022 Scoping Plan, November 16, 2022. Consistency with the General Plan Update As previously stated, the project proposes to remodel and reoccupy an existing building to use as an office building. As an infill redevelopment project, the proposed project would require and produce less water, waste, and air quality pollutants compared to a new development. Furthermore, the project would be compliant with General Plan Update Policy 4.1, Policy 4.2, Policy 4.3, Policy 4.4, and Policy 4.5 which incorporate energy-, water- and waste -efficiency building features as per Title 24 standards. The project would also be consistent with General Plan Update Policy 3.11, Policy 1.6, Policy 1.8, and Policy 1.12 by providing bicycle parking spaces on -site and due to the close proximity to the nearby transit station, which would promote alternative modes of transportation. As such, by complying with the City's CAP and Title 24 standards, the project would also be consistent with the applicable GHG goals and policies in the General Plan Update. Consistency Conclusion In summary, the project's characteristics render it consistent with Statewide, regional, and local climate change mandates, plans, policies, and recommendations. More specifically, the GHG plan consistency analysis provided above demonstrates that the project complies with the regulations and GHG reduction goals, policies, actions, and strategies outlined in the 2022 Scoping Plan, and Dec i y ouncil 26 — 381 1/16/20'2 e 32 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 General Plan Update. Consistency with these plans would reduce the impact of the project's incremental contribution of GHG emissions. Accordingly, the project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. Impacts in this regard would be less than significant. 4.8.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RR GHG- 1, GHG-2, GHG-3, and GHG -7, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe GHG impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR GHG-1 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building and Energy Efficiency Standards were effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2499, which restricts nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7 California's Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most "new construction" projects (CALGreen §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). 4.9 Hazards and Hazardous Materials 4.9.1 GPU EIR Findings The GPU EIR concluded that buildout of the proposed General Plan Update would include construction activities and operations that would transport, use, or dispose of hazardous materials in proximity to environmental justice (EJ) communities (i.e., disadvantaged communities). Such activity could create a significant hazard to the public or the environment given the proximity of hazardous materials sites which are considered open cases, existing lead -contaminated soils, existing buildings containing asbestos -containing materials (ACM) and/or lead -based paint (LBP), and existing and planned industrial uses throughout the City. Further, there are parts of the City that are within the vicinity of the John Wayne Airport Compatibility Land Use Plan. However, the existing federal, State, and regional regulatory framework regarding hazardous materials is substantial and would apply to all future construction and operation of uses within the City. Further, the GPU EIR included regulatory requirements that are specific to existing hazards and Dec i y ouncil 26 — 382 1/16/202 e 33 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 hazardous materials conditions in the City. Compliance with all applicable regulations would be required of future development in the City and would reduce the proposed General Plan Update's impacts related to hazards or hazardous materials to a less than significant level. According to GPU EIR Figure 2-1, EJ Communities, Neighborhoods, and Focus Areas, the project site is located within an EJ community. However, the proposed project would neither develop any new industrial uses, nor be located on or adjacent to a site listed under Table 5.8-5, Existing Hazardous Materials Sites, of the GPU EIR. Construction activities would use limited amounts of hazardous materials in the form of paints, solvents, glues, roofing materials, and other common construction materials for the proposed building remodel and outdoor play area. Construction activities may include the use of machinery and other equipment that require fueling or maintenance/servicing. These types of materials are not acutely hazardous, and all storage, handling, use, transport, and disposal of these would be required to conform to existing laws and regulations of the California Department of Toxic Substances Control (DTSC), United States Environmental Protection Agency (U.S. EPA), Occupational Safety & Health Administration (OSHA), and Orange County Health Care Agency (OCHCA) Environmental Health Division, which would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Additionally, the storage, handling, use, transport, and disposal of these hazardous materials would cease once construction is complete. Project compliance with RR HAZ-1 would ensure hazardous materials and hazardous wastes are transported in compliance with any applicable State and federal requirements; RR HAZ-2 would ensure hazardous waste generation, transportation, treatment, storage, and disposal would be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263); RR HAZ-4 would ensure demolition activities that could expose works or the public to ACMs or LBPs would be conducted in accordance with any applicable State and federal requirements, and RR HAZ-5 would ensure removal of hazardous materials be conducted as outlined in 29 CFR 1910.120 and 8 CCR 5192. Therefore, with adherence to existing regulations, impacts related to the routine transport, use, or disposal of hazardous materials and accidental release of hazardous materials would be less than significant. 4.9.2 Project Analysis Vista Heritage Global Academy is adjacent to the south of the project site. As stated above, the proposed project would comply with existing regulations to minimize the risks associated with the exposure of sensitive receptors, including the existing school, to hazardous materials to a less than significant level. The types of uses that would emit or release hazardous or acutely hazardous materials into the environment are typically industrial manufacturing facilities, which is not proposed within the project site. The project would renovate an unused, vacant automobile repair building with a school district office and provide outdoor areas for existing students at the Vista Heritage Global Academy. Although the project site is located within 0.25-mile of an existing school, hazardous materials are not typically associated with the proposed institutional (i.e., district office) or recreational (i.e., play yard and play field) uses. Anticipated hazardous materials use during project operations may include minor cleaning products and the occasional use of pesticides and herbicides for landscape maintenance. Further, while the site is located adjacent to an existing railroad alignment, it is currently under construction for future electric street cars. Compliance with applicable laws and regulations regarding the handling and transport of hazardous materials, including RR HAZ-1, HAZ-2, HAZ-4, and HAZ-5 would ensure impacts would be less than significant. The project site is not listed in the State Water Resources Control Board (SWRCB) GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and Dec i y ouncil 26 — 383 1/16/202 e 34 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 cleanups sites; or the DTSC EnviroStor Data Management System which includes Cortese sites; or the U.S. EPA's database of regulated facilities.20 As such, impacts related to hazardous materials sites would be less than significant. The John Wayne Airport is adjacent to the City's southeast boundary. The project site is approximately five miles northwest of the John Wayne Airport. The John Wayne Airport Compatibility Land Use Plan regulates land use development within the vicinity of the airport. According to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, and Figure 5.8-6, Height Restrictions per Federal Air Regulations Part 77, of the GPU EIR, the project site is located outside of the John Wayne Airport's safety compatibility zone and height restriction areas. As such, the proposed project would not result in a safety hazard or excessive noise for people residing and working in the project area. Impacts would be less than significant. Construction equipment and materials staging would occur within the project site. During construction, vehicular access would be provided via existing access points along North Fairview Street and West 5th Street. Operation of the proposed project would not result in population growth or changes to the existing circulation system. All driveways would be 20 feet in width; the modified student drop-off and pick-up area would have a 20-foot turn radius and 72-foot-wide turnaround, providing a more immediate point of access to the proposed development from West 5th Street and adequate space for emergency vehicle access. As such, the proposed project would not interfere with operations of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies; thus, impacts to emergency response planning would be less than significant. The City of Santa Ana is not in a designated fire hazard zone. As such, no impact related to the risk of wildland fires would occur. 4.9.3 Conclusion Overall, the project is consistent with buildout of the General Plan Update. With implementation of RR HAZ-1, HAZ-2, HAZ-4, and HAZ-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to hazards and hazardous materials than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and 20 California Environmental Protection Agency, Cortese Listing, https://calepa.ca.gov/sitecleanup/corteselist/, accessed July 6, 2023. Dec I y ouncil 26 — 384 1/16/202 e 35 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos -containing materials or lead -based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District's Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]). RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury -containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury - containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. 4.10 Hydrology and Water Quality 4.10.1 GPU EIR Findings The GPU EIR concluded that compliance with local, State, and federal regulations and the policies of the proposed General Plan Update would reduce buildout impacts related to groundwater, drainage, hydrology, and water quality. Individual projects would be required to incorporate project -specific source control and treatment Best Management Practices (BMPs), incorporate low impact design (LID)/site design, and comply with applicable regulatory requirements to ensure compliance with regulations governing water quality (e.g., the City's Local Implementation Plan [LIP], Orange County Drainage Area Management Plan and National Pollutant Discharge Elimination System [NPDES] Municipal Separate Storm Sewer System [MS4] Permit from the Santa Ana Regional Water Quality Control Board (RR HYD-4), and the City's Model Water Quality Management Plan [WQMP]). 4.10.2 Project Analysis Construction activities have the potential to degrade water quality through the exposure of surface runoff to exposed soils, dust, and other debris at the project site as well as increase erosion and/or siltation. As the project would develop a 0.9-acre site, the project would not be required to obtain coverage under the NPDES Construction General Permit (CGP). However, project compliance Dec i y ouncil 26 — 385 1/16/202 e 36 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 with RR HYD-5 would ensure adherence to Municipal Code Chapter 18 Article IV regarding prohibitions on illicit connections and discharges, urban runoff control measures, and permit requirements. As a result, water quality impacts associated with construction activities would be less than significant. As the project would introduce new uses (i.e., office and outdoor areas) to the project site, development of a WQMP consistent with the prevailing terms and conditions of the City's LIP, Orange County Drainage Area Management Plan and NPDES MS4 Permit from the Santa Ana Regional Water Quality Control Board, i.e., RR HYD-4, and the City's Model WQMP would be required. The WQMP would include LID/site design and project -specific BMPs to ensure water quality standards or waste discharge requirements are not violated, and to prevent substantial erosion or siltation on- or offsite. Further, existing drainage facilities within the public right-of-way (i.e., West 5th Street and North Fairview Street) would be maintained. Therefore, with compliance to existing regulations to control construction stormwater runoff during operation, impacts related to water quality standards, waste discharge requirements, and storm water drainage would be less than significant, consistent with the General Plan Update. Given the proposed uses, the project would not result in substantial population growth within Santa Ana. According to the GPU EIR, projected water demand from the proposed General Plan Update at buildout, including development of the proposed project, is well within the projected total water demand for 2040 in the City of Santa Ana 2015 Urban Water Management Plan for normal, dry year, and multiple dry year scenarios. Additionally, because the project site was formerly occupied by automotive repair businesses and associated parking area, development of the proposed project would not interfere with groundwater recharge. Therefore, consistent with the General Plan Update, the proposed project would result in less than significant impacts related to groundwater. The GPU EIR determined that sites within the West Santa Ana Boulevard Focus Area that would be updated from single-family to multi -family residential use would become areas with increased impervious surfaces, and as a consequence, areas of increased stormwater runoff peak flows compared to pre -project conditions. The proposed project would renovate an existing building, formerly occupied by automobile repair businesses, into an office building; no change in density is proposed and the building footprint would not change from existing conditions. Additionally, the project proposes new landscaped areas, including a community garden, play field, and play yard, where paved surface parking currently exists. As such, the project would reduce the amount of impervious areas on the project site compared to existing conditions. According to Figure 5.9-4, City of Santa Ana Flood Zones, of the GPU EIR, the project site is not within a 100-year flood hazard area as designated by the Federal Emergency Management Agency (FEMA). According to Figure 5.9-5, Dam Inundation Areas, of the GPU EIR, the project site is within both the Santiago Creek Dam and Prado Dam inundation areas. However, the Santiago Creek Dam has been assessed by the California Division of Safety of Dams (DSOD) to have no existing or potential dam safety deficiencies and the U.S. Army Corps of Engineers' Dam Safety Program is actively implementing risk -reduction measures to remediate the Prado Dam, including routine inspections and ongoing monitoring, spillway modifications to improve downstream flow, and public outreach, to ensure potential inundation hazards are minimized or eliminated.21 The GPU EIR determined that seiche occurrence is lower within inundation zones, 21 U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace.army. mil/Media/News-Releases/Article/1849301 /corps-reclassifies-prado-dam-implements- risk-reduction-measures/, May 15, 2019. Dec I y ouncil 26 — 386 1/16/202 e 37 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 and that the City is too far inland to be at risk of a tsunamis. As such, implementation of the proposed project would result in less than significant impacts in this regard. 4.10.3 Conclusion Overall, the project is consistent with the General Plan Update. With implementation of RRs HYD- 4 and HYD-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to hydrology and water quality than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010 0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site -specific runoff controls and treatments for new development and redevelopment. RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. 4.11 Land Use and Planning 4.11.1 GPU EIR Findings The GPU EIR concluded that the General Plan Update's policies would encourage the preservation or enhancement of the existing residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of the City. A primary goal of the General Plan Update is to preserve and improve the character and integrity of existing neighborhoods and districts; specific policies would reduce the conflict between contrasting land uses and enhance neighborhoods by responsibly integrating new development into existing communities. None of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the City, including the Airport Environs Land Use Plan for the John Wayne Airport, the Orange County Transportation Authority (OCTA) Congestion Management Plan, and the Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As individual projects are considered by the City, each would be subject to a variety of federal, State, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. As such, impacts associated with the General Plan Update with regards to land use and planning would be less than significant. Dec i y ouncil 26 — 387 1/16/20'2 e 38 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.11.2 Project Analysis The proposed project would remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. The project would also redevelop the shared surface parking lot into an outdoor area consisting of a community garden, a play field, and a play yard for administrative staff and existing students associated with the adjacent school; the outdoor areas would not be open to the public. Ancillary improvements include landscaping fencing along the perimeters of the proposed outdoor areas, and expansion of the existing parking lot. Similar to existing conditions, the site would remain accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. The student drop-off and pick-up area and internal site circulation would be slightly modified to accommodate the outdoor learning garden space and the outdoor play areas. The project site is not within a residential community; it is surrounded by industrial uses, with nearby residential uses separated by an existing railroad alignment. As such, development of the proposed project would not divide any established surrounding residential community. The project is subject to the policies and/or regulations of the General Plan Update and Municipal Code at the local level. As previously stated, the project site has a land use designation of Industrial/Flex-Low (FLEX-1.5) and is within the Light Industrial (Ml) and Specific Development No. 82 (SD-82) zones. The FLEX-1.5 designation allows for various office uses, a maximum FAR of 1.5 and a maximum building height of three stories. The proposed project would renovate an existing 5,837-square foot building as an office building for Vista Charter Public Schools. The building is located on a 0.9-acre (39,204 square -foot) site, thus providing an FAR of 0.15. The existing building height would remain the same at 19 feet and four inches. As such, the project would meet the design standards of the FLEX-1.5 designation. Further, as detailed in Table 5, General Plan Update Land Use Element Project Consistency Analysis, the proposed project would be consistent with the applicable General Plan Update Land Use Element goals and policies. Table 5 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Goal LU-1: Provide a land use plan that improves quality of life and respects our existing community. Policy LU-1.1: Foster compatibility between land uses to Consistent. Industrial, commercial, institutional, and residential uses enhance livability and promote healthy lifestyles. surround the project site, including Vista Heritage Global Academy and Templo Calvario Church, which both share parking with the project site, and office uses to the south and the Romero -Cruz Academy to the west. The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for use as Vista Charter Public Schools district office. The project would also redevelop the shared surface parking lot in the southern portion of the site into an outdoor area consisting of a community garden, a play field, and a play yard. Outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Overall, the redevelopment of the project site would be compatible with the adjoining institutional uses. Dec i y ouncil 26 — 388 1/16/20'2 e 39 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 5 [cont'd] General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Policy LU-1.3: Promote the creation of new open space Consistent. According to the GPU EIR, the project site is located and community -serving amenities in park -deficient within an EJ community. The project would redevelop the shared areas that keeps pace with the increase in multi -unit surface parking lot in the southern portion of the site into an outdoor housing development, with priority given to those that area consisting of an approximately 2,297-square-foot community are also within environmental justice area boundaries. garden, an approximately 7,372-square-foot play field, and an approximately 4,640-square-foot play yard. The outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Policy LU-1.8: Ensure that new development projects Consistent. Refer to responses to Policies LU-1.1 and LU-1.3 above. provide a net community benefit. The project would renovate a currently vacant building into a school district office and redevelop a surface parking lot into community and student -serving open space areas. Policy LU-1.9: Evaluate individual new development Consistent. The proposed project would remodel and reoccupy an proposals to determine if the proposals are consistent existing building for use as school district office and include outdoor with the General Plan and to ensure that they do not recreation areas and parking. The intent of the evaluation throughout compound existing public facility and service this document is to minimize adverse physical effects on the deficiencies. environment due to project implementation, including potential inconsistencies with the General Plan and/or increased demand on public services and facilities. Potential adverse effects on the environment related to the development of the proposed project have been evaluated in this document, and specifically throughout this table and in Section 4.15, Public Services. Goal LU-2: Provide a balance of land uses that meet Santa Ana's diverse needs. Policy LU-2.3: Provide a diversity of land uses that Consistent. The project would redevelop an existing surface parking support residents, visitors, and businesses, such as lot into a community garden. Additionally, the project would construct open space, areas for community gatherings, and a play field and play yard for students at Vista Heritage Global outdoor entertainment venues. Academy to use for open sace/recreational activities. Policy LU-2.6: Promote rehabilitation of properties and Consistent. Under existing conditions, the project site is developed encourage increased levels of capital investment to with a former automobile repair business and shares surface parking create a safe and attractive environment. with a neighboring school and church. The project proposes to redevelop the site and renovate the existing building into the Vista Charter Public Schools district office, inclusive of a community garden, play field, play yard, additional parking, and landscaping. Policy LU-2.9: Establish and maintain public open space Consistent. Refer to response to Policies LU-1.3, LU-1.8, and LU- and recreation requirements for new residential and 2.3 above. nonresidential uses to provide sufficient open space and recreational opportunities for Santa Ana residents and visitors. Goal LU-3: Preserve and improve the character and i tegrity of existing neighborhoods and districts. Policy LU-3.1: Support new development which Consistent. Refer to response to Policy LU-1.8 above. provides a net community benefit and contributes to neighborhood character and identity. Policy LU-3.4: Ensure that the scale and massing of Consistent. The project would redevelop an existing building; the new development is compatible and harmonious with project footprint and building height would be similar to existing the surrounding built environment. conditions and would comply with the design standards of the FLEX- 1.5 land use designation. Thus, the project would be compatible with other existing buildings in the Fairview Business Park. Dec i y ounci1 26 — 389 1/16/202 e 40 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Table 5 [cont'd] General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Policies Project Consistency Analysis Goal LU-4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.3: Encourage land uses and strategies that Consistent. As an infill redevelopment project, the proposed district reduce energy and water consumption, waste and noise office and outdoor areas would require/produce less water, waste, generation, soil contamination, air quality impacts, and soil contamination, and air quality pollutants compared to a new light pollution. development. Policy LU-4.8: Collaborate with property owners, Consistent. The project would redevelop the shared surface parking community organizations, and other local stakeholders lot in the southern portion of the site into an outdoor area consisting to identify opportunities for additional open space and of an approximately 2,297-square-foot community garden, an community services, such as community gardens and approximately 7,372-square-foot play field, and an approximately gathering places. 4,640-square-foot play yard. The outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy. Policy LU-4.9: Encourage public, private and Consistent. Refer to responses to Policies LU-1.3, LU-1.8, and LU- commercial recreational facilities in areas that are park 2.3 above. and open space deficient. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, April 2022. Per RR LU-1, the project must comply with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Permitted uses in the SD-82 zone are the uses permitted in the M1 zone as specified in Municipal Code Chapter 41, Article III, Division 18, M1 (Light Industrial), and schools by right and churches with a conditional use permit. Further, it is noted that the operational and development standards for the permitted and conditionally permitted Light Industrial Uses within the SD-82 zone shall be consistent with the operational and development standards found in Municipal Code Chapter 41, Article III, Division 18. To allow the use of the former automotive repair building for the proposed office use, a Zone Change would be required to modify the existing M1 zone to SD-82 to be consistent with the majority of the Fairview Business Park. In addition to the proposed Zone Change, the project also proposes a Zoning Ordinance Amendment to amend the operational standards of the SD-82 zoning district to allow outdoor play areas. Under current SD-82 provisions, play areas for children are limited to indoors only. Upon approval of the above entitlements, the proposed project would be consistent with the requirements of the General Plan Update and project site's zoning, and would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Impacts would be less than significant. 4.11.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR LU- 1 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to land use and planning than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and Dec i y ouncil 26 — 390 1/16/202 e 41 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 development standards that are applicable within these subareas in addition to those in the underlying zoning district. 4.12 Mineral Resources 4.12.1 GPU EIR Findings According to the GPU EIR, the City does not have mineral resource sectors or active or inactive mines. Thus, implementation of the General Plan Update would not cause a loss of availability of known mineral resources. The City is mostly mapped as Mineral Resource Zone (MRZ) 3, which is an area where the significance of mineral deposits cannot be determined from available data. The area in the southeast portion of the City is mapped as MRZ-1, which means an area where no significant mineral resources are present or there is little likelihood that significant mineral resources are present. A small area in the northeast corner of the City is mapped as MRZ-2, which means significant mineral resources are known or very likely. However, the GPU EIR determined that no loss of availability of a known mineral resource would occur, and impacts would be less than significant. 4.12.2 Project Analysis According to Figure 5.11-1, Mineral Resource Zones, of the GPU EIR, which was adapted from the California Division of Mines and Geology map of mineral resource zones around the City, the project site, like most of Santa Ana, is mapped as MRZ-3. Therefore, implementation of the proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State and would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan, or other land use plan. Therefore, consistent with the General Plan Update, no impact to mineral resources would occur. 4.12.3 Conclusion As such, the project is consistent with buildout of the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to mineral resources than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.13 Noise 4.13.1 GPU EIR Findings The GPU EIR concluded that implementation of the General Plan Update would result in significant temporary and permanent increases of noise levels throughout the City. Future development in accordance with the General Plan Update would generate both short-term and long-term noise level increases that may impact sensitive receptors. Implementation of the General Plan Update would include regulations designed to protect new sensitive land uses from excessive noise levels. Dec i y ouncil 26 — 391 1/16/20'2 e 42 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 The GPU EIR described that Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects potentially occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. The GPU EIR determined that buildout of the General Plan Update would cause substantial traffic noise to increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. While Mitigation Measure N-2 would reduce potential interior noise impacts to future noise sensitive receptors below thresholds, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing residences along affected roadways. Thus, the GPU EIR determined that traffic noise would remain a significant and unavoidable impact. The GPU EIR discussed that construction activity would generate varying degrees of ground vibration, depending on the construction procedures and equipment, that has the potential to exceed the Federal Transit Administration (FTA) criteria for architectural damage (e.g., 0.12 inches per second peak particle velocity (PPV) for fragile or historical resources, 0.2 inches/second PPV for non -engineered timber and masonry buildings, and 0.3 inches/second PPV for engineered concrete and masonry). The GPU EIR determined that implementation of Mitigation Measure N-2 and adherence to associated performance standards, would reduce impacts to less than significant levels. 4.13.2 Project Analysis The following section evaluates potential short- and long-term noise and ground -borne vibration impacts that would result from the proposed project. THRESHOLDS OF SIGNIFICANCE Exterior Noise Standards Chapter 18, Article VI, Noise Control, of the Municipal Code provides criteria for ambient noise measurements as well as noise standards for residential, school, hospital, and church use. When non -transportation (stationary) noise is the noise source of concern, the City applies performance standards from Municipal Code Section 18.312, Exterior Noise Standards, to ensure that noise producers do not adversely affect noise -sensitive land uses. Table 6, Exterior Noise Standards, summarizes the City's exterior noise standards. Table 6 Exterior Noise Standards Time Period Noise Levels dBA L50 L25 Ls L2 Lmax 7:00 a.m. -10:00 p.m. 55 60 65 70 75 10:00 p.m. - 7:00 a.m. 50 55 60 65 70 Note: A 5 dBA penalty shall be applied in the event of an alleged offensive noise such as impact noise, simple tones, speech, music, or an combination of thereof. If the measured ambient level exceeds any of the first four noise limit categories, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. Source: City of Santa Ana, Santa Ana Municipal Code, Section 18.312, Exterior Noise Standards. Dec i y ouncil 26 — 392 1/16/20'2 e 43 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Construction Noise Standards The City's noise ordinance exempts noise from construction activities that occur during the daytime. No construction is permitted outside of the hours identified in Municipal Code Section 18-314(e). Specifically, construction activities are restricted to the daytime hours of 7:00 am to 8:00 pm, Monday through Saturday. No construction activities are permitted on Sundays or federal holidays. Additionally, the Federal Transit Administration (FTA) established construction noise threshold of 80 dBA Leq for long-term construction projects, which is conservatively used to analyze the project's construction noise impact. Existing Conditions The project vicinity is characterized by mostly residential and commercial land uses, with urban - related activities (i.e., auto repair mechanical equipment and parking areas) being the primary sources of stationary noise. Most of the existing noise in the project area is generated from traffic along surrounding roadways including North Fairview Street and West 5th Street. Noise Measurements In order to quantify existing ambient noise levels in the vicinity of the project site, Michael Baker International (Michael Baker) conducted three noise measurements on June 28, 2023; refer to Attachment B, Noise Data. The noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the project site. The three ten-minute measurements were taken between 11:00 a.m. and 12:00 p.m. Short-term (Leq) measurements are considered representative of the noise levels throughout the day and relate closely with the noise standards for the project area; refer to Table 7, Noise Measurements. Table 7 Noise Measurements Site No. Location Leq (dBA) Lmin (dBA) Lmax (dBA) Time 1 Northeast of Romero -Cruz Academy building 72.4 87.7 49.9 11:08 a.m. 2 Vista Heritage Global Academy 66.2 80.7 46.5 11:26 a.m. 3 1 Cul-de-sac of West 7th Street 1 51.1 1 79.6 1 41.1 1 11:45 a.m. Notes: dBA = A -weighted decibels, Leq = Equivalent Sound Level; Lmin = Minimum Sound Level; Lmax = Maximum Sound Level, Peak = Highest Instantaneous Sound Level Source: Michael Baker International, May 18, 2023. Meteorological conditions were partly cloudy skies, warm temperatures, with light wind speeds (6 miles per hour), and low humidity. Noise monitoring equipment used for the ambient noise survey consisted of a Bruel & Kjaer Hand-held Analyzer Type 2250 equipped with a Type 4189 pre - polarized microphone. The monitoring equipment complies with applicable requirements of the American National Standards Institute (ANSI) for sound level meters. Noise Sensitive Receptors Noise -sensitive land uses are generally considered to include those uses where noise exposure could result in health -related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as parks, historic sites, cemeteries, and recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and Dec i y ouncil 26 — 393 1/16/20'2 e 44 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 other places where low interior noise levels are essential are also considered noise -sensitive land uses. The closest sensitive receptors to the project site are residential uses located approximately 100 feet to the north of the project site and the existing Romero -Cruz Academy School is located approximately 100 feet to the west. PROJECT -GENERATED NOISE IMPACTS It is difficult to specify noise levels that are generally acceptable to everyone; noise that is considered a nuisance to one person may be unnoticed by another. Standards may be based on documented complaints in response to documented noise levels or based on studies of the ability of people to sleep, talk, or work under various noise conditions. Short-term Construction Impacts The project involves remodeling activities associated with paving, building construction, and architectural coating applications and would be completed in approximately eight months. Typical noise levels generated by construction equipment are shown in Table 8, Maximum Noise Levels Generated by Typical Construction Equipment. Operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be due to random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). Construction noise levels in the project vicinity would fluctuate depending on the particular type, number, and duration of usage for the varying equipment. The effects of construction noise largely depend on the type of construction activities occurring on any given day, noise levels generated by those activities, distances to noise -sensitive receptors, and the existing ambient noise environment in the receptor's vicinity. Construction generally occurs in several discrete phases, with each phase requiring different equipment with varying noise characteristics. These phases alter the characteristics of the noise environment generated on the proposed project site and in the surrounding community for the duration of the construction process. Table 8 Maximum Noise Levels Generated by Typical Construction Equipment Type of Equipment Acoustical Use Factor' Lmax at 50 Feet (dBA) Lmax at 100 Feet dBA Compressor 40 78 72 Crane 40 82 75 Concrete Mixer Truck 40 76 73 Forklift 40 85 72 Paver 50 77 71 Roller 20 80 74 Tractor 40 84 78 Water Truck 40 80 1 1 74 Note: 1. Acoustical Use Factor (percent): Estimates the fraction of time each piece of construction equipment is operating at full power (i.e., its loudest condition) during a construction operation. Source: Federal Highway Administration, Roadway Construction Noise Model FHWA-HEP-05-054 , January 2006. Noise levels depicted in Table 8 represent maximum sound levels (Lmax), which are the highest individual sound occurring at an individual time period. The closest sensitive receptors to the Dec i y ouncil 26 — 394 1/16/202 e 45 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 project site are single-family residences and the Romero -Cruz Academy School located approximately 100 feet to the north and west of the project site, respectively. As shown in Table 8, construction noise levels could range between 71 dBA and 78 dBA at 100 feet. Although sensitive receptors may be exposed to increased noise levels during project construction, construction noise levels would not exceed the FTA threshold of 80 dBA. In addition, construction activities are exempt from the City's thresholds as it is a normal part in the urban life. Furthermore, compliance with RR NOI-2 would ensure that the project construction activities would comply with the City's Noise Ordinance detailed in Municipal Code Section 18-314(e) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. As such, project construction noise would be exempt from the City's noise standards and compliance with hours of construction activities would reduce impacts to less than significant in this regard. Long-term Operational Impacts Mobile Noise Implementation of the project would result in vehicle use on adjacent roadways, thereby increasing vehicular noise in the site vicinity. As determined by the California Department of Transportation (Caltrans) in the Technical Noise Supplement to the Traffic Noise Analysis Protocol (September 2013), a doubling in roadway traffic volumes is required to generate any noticeable increase in roadway noise levels.22 According to the Vista Heritage Global Academy Expansion Trip Generation Assessment prepared by Urban Crossroads and dated July 24, 2023, the proposed project would generate 84 average daily trips without taking trip reductions from the existing uses as they are currently vacant. The nearest major roadway segment to the project vicinity is Fairview Street which currently experiences approximately 40,000 average daily trips.23 As such, the project's minimal trip generation (approximately 84 average daily trips) would not double existing traffic volumes along nearby roadways and an increase in traffic noise along local roadways would be imperceptible. Project -related traffic noise impacts would be less than significant. Stationary Noise Impacts Stationary noise sources associated with the proposed project would include mechanical equipment, parking activities, and outdoor play field areas. These noise sources are typically intermittent and short in duration. Noise has a decay rate due to distance attenuation, which is calculated based on the Inverse Square Law. Based upon the Inverse Square Law, sound levels decrease by 6 dBA for each doubling of distance from the source.24 All stationary noise activities would be required to comply with RR NOI-3 in accordance with the City's noise standards. Mechanical Equipment Heating Ventilation and Air Conditioning (HVAC) units typically generate noise levels of approximately 66 dBA Leq at three feet from the source.25 HVAC units are expected to be located 22 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. 21 City of Santa Ana, City of Santa Ana General Plan Circulation Element, https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/04/Circulation-Element.pdf, accessed on July 28, 2023. 21 Cyril M. Harris, Noise Control in Buildings, 1994. 25 Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. Dec I y ouncil 26 — 395 1/16/20'2 e 46 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 on the center of the rooftop and the closest sensitive receptor to the HVAC units is the existing Vista Charter Global Academy located at approximately 130 feet to the south. At the distance of 130 feet, HVAC noise levels would attenuate to approximately 33 dBA. Therefore, HVAC noise levels would be below the City's exterior daytime standards of 55 dBA and nighttime standards of 45 dBA in accordance with RR NOI-3 and would be lower than existing ambient noise levels of 66.2 dBA near the nearest sensitive receptor (Vista Charter Global Academy); refer to Table 7. Furthermore, HVAC equipment are already present on the rooftop of the existing building and the project would not introduce additional HVAC equipment. Therefore, the nearest sensitive receptors would not be directly exposed to substantial noise from on -site HVAC equipment and impacts would be less than significant. Parking Areas Traffic associated with parking activities is typically not of sufficient volume to exceed community noise standards, which are based on a time -averaged scale such as the CNEL scale. However, the instantaneous maximum sound levels generated by a car door slamming, engine starting up and car pass -by may be an annoyance to adjacent noise -sensitive receptors. Estimates of the maximum noise levels associated with some parking lot activities are presented in Table 9, Typical Noise Levels Generated by Parking Lots. Table 9 Typical Noise Levels Generated by Parking Lots Noise Source Maximum Noise Levels at 50 Feet from Source Car door slamming 61 dBA Uq Car starting 60 dBA Uq Car idling 53 dBA Uq Source: Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. The project would provide 63 parking spaces on -site. As shown in Table 9, parking activities can result in noise levels up to 61 dBA at a distance of 50 feet. The proposed project would have intermittent parking activities noise due to the movement of vehicles. The nearest sensitive receptors are the existing single-family residences located approximately 100 feet from the proposed parking spaces on the north of the project site. At this distance, noise levels from parking activities would range from 47 dBA to 55 dBA. As previously noted, parking lot noise are instantaneous noise levels compared to noise standards in the CNEL scale, which are averaged over time. As a result, actual noise levels over time resulting from parking lot activities would be far lower than what is identified above. Further, parking activity noise currently exists within the project site and would not represent a new source of noise. Impacts would be less than significant in this regard. Outdoor Play Area The proposed project proposes outdoor play areas along the northern boundary of the existing Vista Charter Global Academy building, in the southern portion of the project site. The play area has the potential to be accessed by groups of children intermittently for gathering, etc. Noise generated by groups of people (i.e., crowds) is dependent on several factors including vocal effort, impulsiveness, and the random orientation of the crowd members. Crowd noise is estimated at 60 dBA at one meter (3.28 feet) away for raised normal speaking.26 This noise level would have a +5 dBA adjustment for the impulsiveness of the noise source, and a -3 dBA adjustment for the 21 M.J. Hayne, et al, Prediction of Crowd Noise, Acoustics, November 2006. Dec i y ouncil 26 — 396 1/16/202 e 47 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 random orientation of the crowd members.27 Therefore, crowd noise would be approximately 62 dBA at one meter from the source (i.e., the outdoor gathering areas). The nearest sensitive receptors would be the residential uses to the north of the project site, located approximately 200 feet from the proposed outdoor play areas. Therefore, crowd noise at the nearest sensitive receptor would be 26 dBA, which would not exceed the City's noise standards for residential uses in accordance with RR NOI-3 (i.e., 55 dBA for daytime and 45 dBA for nighttime) and would be lower than existing ambient noise levels of 51.1 dBA near the nearest sensitive receptors (residential uses to the north); refer to Table 7. As a result, noise generated from the outdoor play area would be further reduced. As such, project noise associated with outdoor play area would have a less than significant impact would occur in this regard. PROJECT -GENERATED VIBRATION IMPACTS Project construction activities can generate varying degrees of groundborne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located in the vicinity of the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibration at moderate levels, to slight damage at the highest levels. Groundborne vibrations from construction activities rarely reach levels that damage structures. This evaluation uses the FTA architectural damage criterion for continuous vibrations of 0.3 in/sec PPV for engineered concrete and masonry. Typical vibration produced by construction equipment is illustrated in Table 10, Typical Vibration Levels for Construction Equipment. Table 10 Typical Vibration Levels for Construction Equipment Approximate peak particle velocity at Approximate peak particle velocity at Equipment 25 feet(inch/sec) 100 feet inch/sec) Large bulldozer 0.089 0.0111 Loaded trucks 0.076 0.0095 Small bulldozer 0.003 0.0004 Notes: 1. Calculated using the following formula: PPV equip = PPV ref x (25/D)f f where: PPV equip = the peak particle velocity in in/sec of the equipment adjusted for the distance PPV of = the reference vibration level in in/sec from Table 7-4 of the FTA Transit Noise and Vibration Impact Assessment Guidelines D = the distance from the equipment to the receiver Source: California Department of Transportation, Transportation and Construction Vibration Manual, April 2020. The nearest sensitive receptor structure is the existing single-family buildings located approximately 100 feet to the north of anticipated project site. As indicated in Table 10, vibration velocities from typical heavy construction equipment used during project construction would range from 0.0004 to 0.0111 in/sec PPV at 100 feet from the source of activity, which would not exceed the 0.3 in/sec PPV threshold. As such, the impacts would be less than significant. The proposed project use would not generate operational groundborne vibration that could be felt by surrounding uses. Additionally, the proposed project would not involve railroads or substantial 27 Ibid. Dec I y ouncil 26 — 397 1/16/20'2 e 48 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 heavy truck operations, and therefore would not result in operational vibration impacts at surrounding uses. No impacts would occur in this regard. EXCESSIVE NOISE NEAR AIRPORTS The nearest airport to the project site is the John Wayne Airport located approximately five miles to the southeast. The project site is not located within two miles of the airport. Additionally, the project site is not located within the vicinity of a private airstrip or related facilities. Therefore, project implementation would not expose people residing or working in the project area to excessive noise levels associated with aircraft. As such, the impacts would be less than significant. NOISE IMPACTS TO ON -SITE SENSITIVE RECEPTORS The project site is located adjacent to an existing railroad alignment. The railroad is currently not operational and is being developed to build a fixed guideway system, OC Streetcar. Due to the proximity of the project site to the railroad alignment, future operations of the railroad have the potential to elevate existing noise levels, particularly during streetcar operations and crossing signal noise along Fairview Street located at approximately 90 feet from the project site. Based on the Santa Ana and Garden Grove Fixed Guideway Project Noise and Vibration Technical Report, prepared by URS Corporation and dated February 2012, noise from the operation of future streetcars have the potential to range from approximately 43 dBA Ldn during crossing activities to 59 dBA Ldn during blowing warning horn at approximately 100 feet. As such, exterior noise levels impacting the project site from the operation of future streetcars would not increase the existing ambient noise levels; refer to Table 7. Furthermore, future noise level impacts from OC Streetcar operations would be within the normally acceptable range of 50 to 70 dBA CNEL.28 As such, noise impacts to on -site sensitive receptors would be less than significant. 4.13.3 Conclusion As such, the project is consistent with buildout of the General Plan Update. Upon implementation of RR N0I-2 and N0I-3, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to noise and vibration than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR N0I-2 Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR N0I-3 Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. 28 State of California Governor's Office of Planning and Research, General Plan Guidelines, Julv 2017. Dec i y ouncil 26 — 398 1/16/20'2 e 49 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.14 Population and Housing 4.14.1 GPU EIR Findings The GPU EIR concluded that full buildout of the General Plan Update would result in a population of 431,629 and the City's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Government (COG) 2045 population projections for the City. Furthermore, it is anticipated that General Plan Update buildout would result in 115,053 dwelling units, which exceeds the Orange County COG's housing projections for the City by 38 percent. As such, impacts are considered potentially significant. However, there are no feasible mitigation measures to mitigate the population and housing growth anticipated for the buildout of the General Plan Update. Further, the purpose of the General Plan Update is to provide orderly growth in the City through the distribution, location, balance, and extent of land uses, and the General Plan Update would provide more housing opportunities than currently exist during a time when there is a housing crisis. Still, impacts to population and housing were determined to be significant and unavoidable. 4.14.2 Project Analysis The project proposes to remodel and reoccupy a building formerly occupied by an automotive repair use as an office building for Vista Charter Public Schools. Vista Charter Public Schools operates six public charter schools in Los Angeles and Orange County and serves a total of 1,500 students. The proposed project creates an opportunity to have a district office located next to the organization's largest school, Vista Heritage Global Academy. While the headquarters would provide new office and conference space for employees of Vista Charter Public Schools, it is not anticipated that the project would generate new employment opportunities within the existing organization. Additionally, proposed outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As a result, the proposed project would not directly or indirectly result in substantial unplanned population growth in the area or displace substantial numbers of existing people or housing. Further, as discussed in Section 4.11, Land Use and Planning, the project would meet the design standards of the FLEX-1.5 designation and would be consistent with the applicable General Plan Update Land Use Element goals and policies. Therefore, consistent with the General Plan Update, less than significant impacts to population and housing would occur. 4.14.3 Conclusion As such, the project is consistent with of the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to population and housing than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.15 Public Services 4.15.1 GPU EIR Findings The GPU EIR concluded that introduction of new structures and additional residents and workers to the City would increase the demand for fire and police protection services. However, funding Dec i y ouncil 26 — 399 1/16/202 e so Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 for additional staff, equipment, and facilities would come from property taxes, grants, special revenue funds, and the City's general fund as future development accommodated by the General Plan Update occurs. The additional demand for fire and police protection services due to population growth generated within the City would be satisfied through these sources. Additionally, the GPU EIR determined that school districts within the City would have the capacity to accommodate future students generated as a result of the proposed General Plan Update. Should there be a need to expand or construct new facilities, funding for new schools would be obtained from the mitigation fee program pursuant to Senate Bill (SB) 50, and State and federal funding programs. Pursuant to Section 65996 of the Government Code, payment of school fees is deemed to provide full and complete school facilities mitigation. Further, while library services would also experience an increase in demand, property taxes and library fines and fees are expected to satisfy this impact; overall, impacts would be less than significant. 4.15.2 Project Analysis As discussed above, buildout of General Plan Update is projected to increase the population of the City beyond growth projections. However, the project would not contribute to population growth as the proposed district office would serve existing employees and the outdoor recreation areas would serve existing students. As such, the proposed project would not increase demands on existing public services. Additionally, compliance with RR FP-1 would ensure that the proposed project would meet the fire regulations outlined in California Health and Safety Code, and RR SS- 1 would ensure that the proposed project would pay school development fees authorized by Section 65996 of the California Government Code. The project would also generate property tax which further fund fire and police protection services and library services. Therefore, consistent with the General Plan Update, less than significant impacts would occur. 4.15.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR FP- 1 and SS-1 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to public services than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: RR FP-1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq.). RR SS-1 New residential and commercial development shall pay development fees authorized by Section 65996 of the California Government Code to be "full and complete school facilities mitigation." 4.16 Recreation 4.16.1 GPU EIR Findings The GPU EIR concluded that buildout of the General Plan Update would generate the demand for approximately 564 acres of parkland and recreational facilities assumed to serve the 2045 population. The City is essentially built -out and very limited vacant land is available to be developed with new recreational opportunities. New or expanded facilities would need to occur Dec i y ouncil 26 — 400 1/16/202 e 51 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 outside of park -designated parcels and the development of these facilities may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. As such, it was determined that even with implementation of Mitigation Measure REC-1, which would require preparation of a public park utilization study, followed by further mitigation such as land dedication or fair shares contributions for projects resulting in a significant impact based on the study. impacts to recreation were determined to be significant and unavoidable. 4.16.2 Project Analysis As discussed, the project is not anticipated to generate population growth. As such, it is not anticipated that the project would increase demand on the City's existing parks or recreation facilities. Rather, the project proposes to redevelop the existing shared surface parking lot in the southern portion of the site into an outdoor area consisting of an approximately 2,297-square foot community garden, an approximately 7,372-square foot play field, and an approximately 4,640- square foot play yard. Outdoor areas would serve existing students of the adjoining Vista Heritage Global Academy and would not increase existing school capacity. As such, while the project does not provide additional public parkland, it would alleviate demand on existing City recreation facilities that may otherwise be utilized by the students. Environmental impacts associated with the construction of these outdoor areas are addressed in the respective topical sections of this document (i.e., aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, noise, and transportation). Further, the proposed project would be required to either dedicate land or pay in -lieu impact fees per Municipal Code Chapter 34, Article VIII, and Chapter 35, Article IV as well as the Quimby Act. The fees collected would be used for development and improvement of public parks and recreation facilities throughout the City. Thus, the proposed project would not cause or accelerate substantial physical deterioration of existing parks or other recreational facilities nor include or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Impacts would be less than significant. 4.16.3 Conclusion As such, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to recreation than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.17 Transportation 4.17.1 GPU EIR Findings The GPU EIR determined that buildout of the General Plan Update would not conflict with a program, plan, ordinance, or policy addressing the circulation system following implementation of RR T-1. RR T-1 requires design and operation of a multimodal circulation system network with all users in mind including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities. The General Plan Update incorporates future networks and policies related to supporting transit, bicycles, and pedestrians in the City, which are consistent with regional and local planning efforts supporting these modes of travel. Additionally, implementation of the Dec i y ouncil 26 — 401 1/16/202 e 52 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 General Plan Update would result in a reduction of vehicle miles traveled (VMT) per service population in comparison to existing conditions at the time the GPU EIR was prepared and would achieve a VMT per service population of at least 15 percent lower than the Countywide VMT per service population. The GPU EIR also determined that buildout of the General Plan Update would not substantially increase hazards due to a geometric design feature or result in inadequate emergency access following implementation of RR T-2. RR T-2 requires projects pursuant to the General Plan Update to implement fire protection requirements as detailed in the Orange County Fire Authority's Fire Prevention Guidelines and the California Fire Code. 4.17.2 Project Analysis No changes are proposed to the existing circulation system in the project area and thus, the proposed project would not conflict with any program plan, ordinance or policy addressing the circulation system. According to the City of Santa Ana Traffic Impact Study Guidelines (City Traffic Guidelines), a project can be presumed to have a less -than -significant VMT impact if the project satisfies one of the following screening criteria: 29 • Projects which serve the local community and have the potential to reduce VMT, such as neighborhood K-12 schools and local -serving retail less than 50,000 sq. ft. (Charter schools are excluded from this criteria). • Projects that generate less than 110 net daily trips. • Projects located within Transit Priority Areas (TPAs); refer to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas. • Projects located in a low-VMT generating Traffic Analysis Zone (TAZ). City Traffic Guidelines Appendix B, VMT/SP in Santa Ana as Compared to Orange County Average, shows VMT per service population in Santa Ana as compared to the County average. Low-VMT TAZs per Santa Ana's threshold of significance are any TAZs generating VMT 15 percent below the County average. The proposed project would renovate the approximately 5,837-square foot former automotive repair building as the Vista Charter Public Schools district office. According to the Vista Heritage Global Academy Expansion Trip Generation Assessment (Trip Generation Memo), prepared by Urban Crossroads, Inc. and dated July 24, 2023, the proposed project would generate approximately 84 average daily trips with 14 morning peak hour trips and 12 afternoon peak hour trips; refer to Attachment C, Trip Generation Memo. Therefore, the proposed project would meet the screening criteria related to projects that generate less than 110 net daily trips. Additionally, according to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas, the project site is located within a TPA, which is defined as a 0.5-mile radius around an existing or planned major transit stop (e.g., Metrolink Station, Streetcar Station, etc.) or an existing stop along a high -quality transit corridor. Thus, the project also meets the screening criteria related to projects located within TPAs. 29 City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. Dec i y ouncil 26 — 402 1 /16/20'2 e 53 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Overall, the project meets two of the VMT screening requirements and thus, no VMT analysis would be required. The project is presumed to have a less than significant VMT impact. Additionally, the project does not propose any changes to the City's existing circulation system and would not introduce incompatible uses to area roadways. The site is accessible from North Fairview Street via two driveways to the west, and two alleys connecting to West 5th Street to the south and southeast. Site access would not change as part of the proposed project. Additionally, the proposed project is not anticipated to require road closures during project construction as all proposed improvements would occur within the project boundary. 4.17.3 Conclusion Overall, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe transportation impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.18 Tribal Cultural Resources 4.18.1 GPU EIR Findings The City consulted with applicable Native American tribes in accordance with Senate Bill (SB) 18 and Assembly Bill (AB) 52. Given that tribal cultural resources are site -specific in nature. Future development allowed under the General Plan Update could potentially impact and cause significant adverse impacts to tribal cultural resources. Thus, Mitigation Measures CUL-4 through CUL-7 would reduce such impacts to less than significant levels. Specifically, to reduce impacts to archaeological resources and prior to ground -disturbing activities, Mitigation Measure CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. If potentially significant archaeological resources are identified and impacts cannot be avoided, Mitigation Measure CUL-5 requires a Phase II Testing and Evaluation investigation be performed by an archaeologist meeting the Secretary of the Interior's Standards to determine the significance of the resource(s). Per Mitigation Measure CUL- 6, if the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery must halt while the resources are evaluated for significance by a qualified archaeologist. Pursuant to Mitigation Measure CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, an archaeologist meeting the Secretary's Standards must be retained on -call. The archaeologist must inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. Overall, the GPU EIR determined that implementation of Mitigation Measures CUL-4 through CUL-7 would reduce tribal cultural resources impacts to less than significant levels. Dec i y ouncil 26 — 403 1 /16/20'2 e 54 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 4.18.2 Project Analysis Although the project would redevelop the shared surface parking lot in the southern portion of the site into an outdoor community garden, play field, and play yard, the proposed project would not require extensive excavation that could uncover previously undiscovered tribal cultural resources. Typical excavation depth would be a maximum of four feet for the majority of the site with the deepest excavation of approximately eight feet for an underground infiltration chamber related to stormwater improvements. No new or substantially more severe impacts would occur compared to the determinations of the GPU EIR, and no new mitigation measures are required. 4.18.3 Conclusion Overall, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project -specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe tribal cultural resource impacts than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. 4.19 Utilities and Service Systems 4.19.1 GPU EIR Findings The GPU EIR concluded that increased sewer flow from buildout of the General Plan Update would require pipe upsizing to meet the demands of new residential and commercial uses; however, the Orange County Sanitation District Master Plan accounts for trunk line improvements and the Orange County Sanitation District (OCSD), in general, has a functioning and effective process in place to ensure the regional sewer infrastructure is able to support future developments in the City. Further, OCSD confirmed that wastewater generated by buildout of the General Plan Update would be adequately treated by Treatment Plant No. 1. The GPU EIR also concluded sufficient Orange County Water District water supplies and Orange County Public Works stormwater drainage facilities would be available to serve the full General Plan Update buildout from existing entitlements and resources, and new or expanded entitlements would not be required beyond those improvements already planned for the City. 4.19.2 Project Analysis Based on wastewater generation rates for commercial uses in the West Santa Ana Focus Area, contained within Volume III, Appendix H-a, of the GPU EIR, the proposed project would generate approximately 2,036 gallons of wastewater per day.30 The proposed project would connect to existing wastewater infrastructure, which would have the capacity to serve the project demand in addition to existing service commitments and would not require the expansion of existing facilities. Compliance with RR U-2 would ensure that OCSD connection fees are paid in accordance with Ordinance No. OCSD-40. Additionally, as discussed above, runoff from the proposed project is currently collected by stormwater drainage facilities in the surrounding roadway. The proposed project would implement BMPs contained in the WQMP to capture and infiltrate stormwater runoff. 30 Based on a rate of 2,262 gallons of wastewater per day per acre for a 0.9-acre site. The GPU EIR separated land uses into either residential or commercial in order to determine average wastewater generation. While it is acknowledged that the proposed project would involve office use, commercial rates were deemed most appropriate in order to compare the proposed project to the analysis contained within the GPU EIR. Dec I y ouncil 26 — 404 1 /16/202 e 55 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Any runoff leaving the project site would continue to drain to the existing drain inlets in the project area, and the proposed project would not require or result in the construction of new or expanded storm water drainage facilities. Based on water demand rates for commercial uses, contained within Volume III, Appendix H-b, of the GPU EIR, the proposed project would require approximately 2,250 gallons of water per day, which would be met by the City's supplies.31 However, compliance with RR U-5 would ensure that the project is designed pursuant to the water conservation and efficiency requirements of the Municipal Code, and RR U-6 would ensure water connection fees are paid. Therefore, consistent with the General Plan Update, impacts related to water supplies, wastewater treatment, and storm water drainage from the proposed project would be less than significant. The proposed project would generate a nominal amount of solid waste during construction activities. However, the proposed project would comply with the CALGreen Building Code Standards, which requires that at least 65 percent of nonhazardous construction and demolition waste generated during most new construction be recycled and/or salvaged for reuse. During operations, the proposed project would generate approximately 34.8 pounds of solid waste per day, typical of office uses.32,33 According to the GPU EIR, solid waste generated in the City is transferred to Orange County solid waste landfill system which has ample capacity to accommodate increased volumes of waste from the City through 2053. Furthermore, the proposed project would be required to comply with the requirements of AB 341, which mandates recycling for commercial land uses, and AB 1826, which requires that any organic waste generated in amounts over a certain threshold would be recycled. Therefore, the proposed project would not generate solid waste in excess of State or local standards or of the future capacity of local infrastructure, and would comply with all applicable federal, State, and local solid waste regulations. Consistent with the General Plan Update, impacts would be less than significant. The site is currently served by SCE and Southern California Gas Company (SoCalGas). Project impacts with regards to electricity and natural gas services would be nominal given that operations of the proposed office would utilize minimal electricity and natural gas. As summarized under Section 4.6, Energy, the project would not result in substantial energy consumption, upon compliance with existing regulatory requirements, including the 2022 Title 24 Building Energy Efficiency Standards and 2012 Appliance Efficiency Regulations pursuant to RR E-3 and E-4. Additionally, the project would be required to pay connection and ongoing user fees to SCE and SoCalGas to offset project impacts on existing dry utility services and resources. Thus, impacts with regards to dry utilities would be less than significant. 4.19.3 Conclusion As such, the project is consistent with the General Plan Update. With implementation of RR U-2, U-5, U-6, HYD-4, and HYD-5 identified in the GPU EIR, the proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to utilities and service systems than anticipated by the GPU EIR. 31 Based on a rate of 2,500 gallons of water per day per acre for a 0.9-acre site. The GPU EIR separated land uses into either residential or commercial in order to determine average water demand. While it is acknowledged that the proposed project would involve office use, commercial rates were deemed most appropriate in order to compare the proposed project to the analysis contained within the GPU EIR. 32 Based on a rate of 0.006 pounds of solid waste per day per square foot for a 5,800square foot office building. 33 CalRecycle, Estimated Solid Waste Generation Rates, https://www2.calrecycle.ca.gov/wastecharacterization/general/rates, accessed August 10, 2023. Dec I y ouncil 26 — 405 1 /16/202 e 56 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Applicable GPU EIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.6, Energy, for RR E-3 and EA and Section 4.10, Hydrology and Water Quality, for RR HYD-4 and HYD-5. RR U-2 Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-5 Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6 Water connection fees shall be paid in accordance with Chapter 39, Article II of the City's Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. 4.20 Wildfire 4.20.1 GPU EIR Findings The GPU EIR concludes that buildout of the General Plan Update would not substantially impair an adopted emergency response plan or emergency evacuation plan, exacerbate wildfire risks thereby creating elevated particulate concentration exposure to people, nor would it expose people or structures to significant risks. The General Plan Update would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant which could exacerbate fire risk. 4.20.2 Project Analysis The CEQA Guidelines require analysis of wildfire risk in State responsibility areas (SRAs) and/or lands classified as very high fire hazard severity zones. As stated in the GPU EIR, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about four miles east along the western edge of Loma Ridge. The nearest FHSZ in a local responsibility area (LRA) is about 3.8 miles at the southern tip of the Peters Canyon Regional Park. Therefore, the project site is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the City is a wildland-urban interface. As such, no impact related to wildfire risk would occur due to development of the proposed project. 4.20.3 Conclusion As such, the project is consistent with the General Plan Update. The proposed project would not have any specific effects which are peculiar to the project or the site. There are no project specific impacts or potentially significant off -site or cumulative impacts the GPU EIR failed to analyze, and there are no new significant or substantially more severe impacts to wildfire than anticipated by the GPU EIR. Applicable GPU EIR Regulatory Requirements/Mitigation Measures: No GPU EIR regulatory requirements or mitigation measures apply. Dec i y ouncil 26 — 406 1 /16/20'2 e 57 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 5. Findings As discussed in Section 3.0, the City of Santa Ana intends to pursue a CEQA exemption for the proposed project pursuant to CEQA Guidelines Section 15183. As stated in CEQA Guidelines Section 15183(d), the exemption requires a project to meet the following conditions: 1. The project is consistent with: a. A community plan adopted as part of a general plan, b. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or c. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The General Plan Update and GPU EIR were adopted and certified by the Santa Ana City Council in 2022. The project site is located within the General Plan Update West Santa Ana Boulevard Focus Area. This portion of the City was historically a more industrial area; the General Plan Update intends to transition the area from a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. Additionally, the industrial portion of the focus area (where the project site is located) is envisioned and designated Industrial/Flex (FLEX) to promote new opportunities, including new clean industrial/manufacturing, maker -type spaces, and other uses that are more compatible with the surrounding residential areas than traditional industrial uses. The project site has a land use designation of Industrial/Flex-Low (FLEX-1.5), which is intended for office/industrial flex spaces, small-scale research and development, clean manufacturing, and live -work uses. The proposed project would redevelop a former automotive repair building into a school district office, which is a permitted use under the FLEX-1.5 designation and considered in the analysis of the GPU EIR. Additionally, the General Plan Update encourages adaptive reuse of existing industrial buildings within this focus area, which would be achieved with implementation of the project. As such, the GPU EIR adequately anticipated and analyzed the impacts of this project, identified applicable mitigation measures necessary to reduce impacts of the project, and the project implements the applicable mitigation measures. The project, therefore, qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183. Overall, the project qualifies for the exemption because the following findings can be made: a) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Based on General Plan Update Land Use Element Figure LU-1, Land Use Map, the project site is designated Industrial/Flex-Low (FLEX-1.5). The FLEX-1.5 designation allows a maximum 1.5 FAR and/or 30 dwelling per acre, with a maximum building height of three stories. The proposed project would renovate the approximately 5,837-square foot former automotive repair building as the Vista Charter Public Schools district office. The project site is approximately 0.9-acre. Thus, the project would result in a 0.15 FAR. Additionally, the building would maintain its existing building height of approximately 19.3 feet. Thus, the proposed project would be consistent with the site's FLEX-1.5 designation development density established by the General Dec i y ouncil 26 - 407 1 /16/202 e 5s Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 Plan Update. Additionally, the project would be consistent with applicable General Plan Update Land Use Element policies as detailed in Table 5. Overall, the project would be consistent with Criterion A. b) There are no project specific effects which are peculiar to the project or its site. The project site is located within the Fairview Business Park in an industrial area of Santa Ana. The Fairview Business Park is currently developed with institutional (Vista Heritage Global Academy and Templo Calvario Church), industrial, and office uses. As stated, the site's FLEX- 1.5 land use designation is intended to provide context -appropriate development in areas with existing industrial uses. The proposed Vista Charter Public Schools district office and outdoor open space areas would complement and serve the existing Vista Heritage Global Academy located adjacent to the site's southern boundary. Additionally, upon approval of the required Zone Change and Zoning Ordinance Amendment, project development would be required to comply with applicable standards for the SD-82 zone, which is consistent with the standards for Light Industrial uses in Municipal Code Sections 41-473 through 41-481. As such, the proposed project would not result in effects which are peculiar to the project or its site and the project would be consistent with Criterion B. c) There are no project specific impacts which the prior EIR failed to analyze as significant effects. The GPU EIR concluded that buildout of the General Plan Update would result in a total of 115,053 residential units and 72,967,816 square feet of non-residential development by 2045. The proposed project, which is consistent with the General Plan Update, involves renovating an existing 5,837-square foot building and developing outdoor open space areas on an approximately 0.9-acre site. The project would meet the development density requirement for the FLEX-1.5 designation and thus, was considered in the planned development of the General Plan Update and would have similar or lesser significant impacts than analyzed in the GPU EIR. As discussed in Section 4.0, there are no project specific impacts which the GPU EIR failed to analyze as significant effects. The proposed project is consistent with Criterion C. d) There are no potentially significant off -site and/or cumulative impacts which the prior EIR failed to evaluate. As stated, buildout of the proposed project is consistent with the General Plan Update and thus, was considered in the GPU EIR analysis. No off -site improvements are proposed in the project area and the size and nature of the project would not result in cumulatively considerable environmental impacts. Overall, there are no potentially significant off -site and/or cumulative impacts which the GPU EIR failed to evaluate. The project is consistent with Criterion D. e) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. As discussed in Section 4.0, the proposed project would result in similar and/or lesser impacts than the GPU EIR. There is no substantial new information which result in more severe impacts than anticipated by the GPU EIR. Therefore, the proposed project is consistent with Criterion E. As shown, the proposed project is consistent with Criteria A through E under CEQA Guidelines Section 15183. As such, the proposed project qualifies for the CEQA exemption. Dec i y ouncil 26 — 408 1 /16/20'2 e 59 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 REFERENCES Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. California Air Resources Board, 2022 Scoping Plan, November 16, 2022. California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, April 2005. California Air Resources Board, Air Quality and Meteorological Information, https://www.arb.ca.gov/agmis2/agdselect.php?tab=specialrpt, accessed July 3, 2023. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/DLRP/CIFF/, accessed June 29, 2023. California Department of Conservation, California Williamson Act Enrollment Finder, https://gis.conservation.ca.gov/portal/home/webmap/viewer.html?webmap=l 8f7488cOa9 d4d299f5e9c33b312f312, accessed July 26, 2023. California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https:Hww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2023. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. California Department of Transportation, Transportation and Construction Vibration Manual, April 2020. California Environmental Protection Agency, Cortese Listing, https://calepa.ca.gov/sitecleanup/corteselist/, accessed July 6, 2023. CalRecycle, Estimated Solid Waste Generation Rates, https://www2.calrecycle.ca.gov/wastecharacterization/general/rates, accessed August 10, 2023. CalRecycle, Green Building Materials, https://www.calrecycle.ca.gov/greenbuiIding/materials#Material, accessed August 15, 2023. California Natural Resources Agency, Final Statement of Reasons for Regulatory Action, pp. 11- 13, 14, 16, December 2009, https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/Final_Statement_of_Reasons.pdf , accessed July 13, 2023. City of Santa Ana, City of Santa Ana Climate Action Plan, December 2015. City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. Dec i y ouncil 26 — 409 1 /16/20'2 e 60 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU- 1, Land Use Map, April 2022. City of Santa Ana, City of Santa Ana General Plan Circulation Element, https://storage.googleapis.com/proudcity/santaanaca/uploads/2022/04/Circulation- Element.pdf, accessed on July 28, 2023. City of Santa Ana, Santa Ana Municipal Code, codified through Ordinance No. NS-3049, adopted July 18, 2023. Cyril M. Harris, Noise Control in Buildings, 1994. Federal Highway Administration, Roadway Construction Noise Model (FHWA-HEP-05-054), January 2006. International Code Council, 2022 California Building Code, Title 24, Part 2, https://codes.iccsafe.org/content/CABC2022Pl /chapter-18-soils-and-foundations, accessed July 26, 2023. Kariel, H. G., Noise in Rural Recreational Environments, Canadian Acoustics 19(5), 3-10, 1991. M.J. Hayne, et al, Prediction of Crowd Noise, Acoustics, November 2006. South Coast Air Quality Management District, Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008. South Coast Air Quality Management District, Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Diesel Emissions, December 2002. South Coast Air Quality Management District, Rule 1113 Architectural Coatings, http://www.agmd.gov/docs/default-source/rule-book/reg-xi/r1113.pdf, accessed June 15, 2023. Southern California Association of Governments, 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy — Connect SoCal, September 3, 2020. State of California Governor's Office of Planning and Research, Transmittal of the Governor's Office of Planning and Research's Proposed SB97 CEQA Guidelines Amendments to the Natural Resources Agency, April 13, 2009, https://planning.lacity.org/eir/CrossroadsHwd/deir/files/references/COl.pdf, accessed July 13, 2023. Urban Crossroads, Inc., Vista Heritage Global Academy Expansion Trip Generation Assessment, July 24, 2023. U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace. army.mil/Media/News-Releases/Article/l849301/corps- reclassifies-prado-dam-implements-risk-reduction-measures/, May 15, 2019. U.S. Environmental Protection Agency, Carbon Monoxide Emissions, https://cfpub.epa.gov/roe/indicator—pdf.cfm?i=10, accessed July 3, 2023. Dec i y ouncil 26 — 410 1 /16/202 e 61 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 U.S. Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey, https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx, accessed July 26, 2023. Dec i y ouncil 26 — 411 1 /16/20'2 e 62 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT A AIR QUALITY/GREENHOUSE GAS/ENERGY MODELING RESULTS City Council 26 — 412 1/16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Vista Charter School Expansion Detailed Report Table of Contents 1. Basic Project Information 1.1. Basic Project Information 1.2. Land Use Types 1.3. User -Selected Emission Reduction Measures by Emissions Sector 2. Emissions Summary 2.1. Construction Emissions Compared Against Thresholds 2.2. Construction Emissions by Year, Unmitigated 2.3. Construction Emissions by Year, Mitigated 2.4. Operations Emissions Compared Against Thresholds 2.5. Operations Emissions by Sector, Unmitigated 2.6. Operations Emissions by Sector, Mitigated 3. Construction Emissions Details 3.1. Building Construction (2023) - Unmitigated 3.2. Building Construction (2023) - Mitigated City Council 26 — 413 1 / 63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 3.3. Building Construction (2024) - Unmitigated 3.4. Building Construction (2024) - Mitigated 3.5. Paving (2024) - Unmitigated 3.6. Paving (2024) - Mitigated 3.7. Architectural Coating (2024) - Unmitigated 3.8. Architectural Coating (2024) - Mitigated 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated 4.1.2. Mitigated 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated 4.2.2. Electricity Emissions By Land Use - Mitigated 4.2.3. Natural Gas Emissions By Land Use - Unmitigated 4.2.4. Natural Gas Emissions By Land Use - Mitigated 4.3. Area Emissions by Source 4.3.2. Unmitigated City Council 26 — 414 2/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 4.3.1. Mitigated 4.4. Water Emissions by Land Use 4.4.2. Unmitigated 4.4.1. Mitigated 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated 4.5.1. Mitigated 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated 4.6.2. Mitigated 4.7. Offroad Emissions By Equipment Type 4.7.1. Unmitigated 4.7.2. Mitigated 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated 4.8.2. Mitigated 4.9. User Defined Emissions By Equipment Type City Council 26 — 415 3/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 4.9.1. Unmitigated 4.9.2. Mitigated 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated 4.10.4. Soil Carbon Accumulation By Vegetation Type - Mitigated 4.10.5. Above and Belowground Carbon Accumulation by Land Use Type - Mitigated 4.10.6. Avoided and Sequestered Emissions by Species - Mitigated 5. Activity Data 5.1. Construction Schedule 5.2. Off -Road Equipment 5.2.1. Unmitigated 5.2.2. Mitigated 5.3. Construction Vehicles 5.3.1. Unmitigated 5.3.2. Mitigated City Council 26 — 416 4/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies 5.5. Architectural Coatings 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities 5.6.2. Construction Earthmoving Control Strategies 5.7. Construction Paving 5.8. Construction Electricity Consumption and Emissions Factors 5.9. Operational Mobile Sources 5.9.1. Unmitigated 5.9.2. Mitigated 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.1.2. Mitigated 5.10.2. Architectural Coatings 5.10.3. Landscape Equipment City Council 26 — 417 5/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.10.4. Landscape Equipment - Mitigated 5.11. Operational Energy Consumption 5.11.1. Unmitigated 5.11.2. Mitigated 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated 5.12.2. Mitigated 5.13. Operational Waste Generation 5.13.1. Unmitigated 5.13.2. Mitigated 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated 5.14.2. Mitigated 5.15. Operational Off -Road Equipment 5.15.1. Unmitigated 5.15.2. Mitigated 5.16. Stationary Sources City Council 26 — 418 6/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.16.1. Emergency Generators and Fire Pumps 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary 6.2. Initial Climate Risk Scores 6.3. Adjusted Climate Risk Scores City Council 26 — 419 7/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores 7.2. Healthy Places Index Scores 7.3. Overall Health & Equity Scores 7.4. Health & Equity Measures 7.5. Evaluation Scorecard 7.6. Health & Equity Custom Measures 8. User Changes to Default Data City Council 26 — 420 8/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 1. Basic Project Information 1.1. Basic Project Information Project Name Construction Start Date Operational Year Lead Agency Land Use Scale Analysis Level for Defaults Windspeed (m/s) Precipitation (days) Location County City Air District Air Basin TAZ EDFZ Electric Utility Gas Utility App Version • 11•' -191 Land Use Subtype L;� Vista Charter School Expansion 11 /1 /2023 2024 Project/site County 2.50 18.6 Santa Ana, CA, USA Orange Santa Ana South Coast AQMD South Coast 5990 7 Southern California Edison Southern California Gas 2022.1.1.14 9/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General Office 7.00 1000sgft 0.16 7,000 2,297 Building 1.3. User -Selected Emission Reduction Measures by Emissions Sector Construction C-10-C Construction C-11 Construction C-12 2. Emissions Summary 2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer (Max) Unmit. 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Mit. 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Reduced Daily, - - - - - - - - - - - - Winter (Max) Unmit. 0.71 0.59 5.98 7.14 0.01 0.28 0.23 0.44 0.26 0.05 0.27 - Mit. 0.71 0.59 5.98 7.14 0.01 0.28 0.23 0.44 0.26 0.05 0.27 - Reduced Water Unpaved Construction Roads Limit Vehicle Speeds on Unpaved Roads Sweep Paved Roads 1,061 1,061 0.04 0.01 0.97 1,067 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.03 1,378 1,372 1,372 0.06 0.02 0.03 1,378 City Council 26 - 422 1/16/2024 10/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Average - - - - - - - - - - - - Daily (Max) Unmit. 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Mit. 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Reduced Annual - - - - - - - - - - - - (Max) Unmit. 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - Mit. 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - Reduced 2.2. Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily - - - - - - - - - - - - - Summer (Max) 2024 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Daily - - - - - - - - - - - - - Winter (Max) 2023 0.71 0.59 5.98 7.14 0.01 0.28 0.04 0.32 0.26 0.01 0.27 - 2024 0.70 0.59 5.65 7.11 0.01 0.26 0.23 0.44 0.24 0.05 0.25 - Average - - - - - - - - - - - - Daily 2023 0.08 0.07 0.71 0.85 < 0.005 0.03 < 0.005 0.04 0.03 < 0.005 0.03 - 2024 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Annual - G-ity Cou-ncil - - - - -26 - 423 - - - 11 / 63 301 301 0.01 < 0.005 0.06 303 301 301 0.01 < 0.005 0.06 303 49.9 49.9 < 0.005 < 0.005 0.01 50.1 49.9 49.9 < 0.005 < 0.005 0.01 50.1 NBCO2 CO2T CH4 N2O R CO2e 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.01 1,378 1,371 1,371 0.06 0.02 0.03 1,377 164 164 0.01 < 0.005 0.01 165 301 301 0.01 < 0.005 0.06 303 - - - 1 /1-&/2024 - - Vista Charter School Expansion Detailed Report, 7/26/2023 2023 0.02 0.01 0.13 0.16 < 0.005 0.01 < 0.005 0.01 0.01 < 0.005 0.01 - 2024 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - 2.3. Construction Emissions by Year, Mitigated Criteria Pollutants(lb/day for daily, ton/yr for annual and GHGs(lb/day for daily, MT/yr for annual Daily - - - - - - - - - - - - - Summer (Max) 2024 0.70 0.89 4.59 6.38 0.01 0.21 0.23 0.44 0.19 0.05 0.25 - Daily - - - - - - - - - - - - - Winter (Max) 2023 0.71 0.59 5.98 7.14 0.01 0.28 0.04 0.32 0.26 0.01 0.27 - 2024 0.70 0.59 5.65 7.11 0.01 0.26 0.23 0.44 0.24 0.05 0.25 - Average - - - - - - - - - - - - Daily 2023 0.08 0.07 0.71 0.85 < 0.005 0.03 < 0.005 0.04 0.03 < 0.005 0.03 - 2024 0.18 0.24 1.31 1.71 < 0.005 0.06 0.03 0.09 0.05 0.01 0.06 - Annual - - - - - - - - - - - - 2023 0.02 0.01 0.13 0.16 < 0.005 0.01 < 0.005 0.01 0.01 < 0.005 0.01 - 2024 0.03 0.04 0.24 0.31 < 0.005 0.01 0.01 0.02 0.01 < 0.005 0.01 - 2.4. Operations Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer KA ..\ 27.1 27.1 < 0.005 < 0.005 < 0.005 27.2 49.9 49.9 < 0.005 < 0.005 0.01 50.1 1,061 1,061 0.04 0.01 0.97 1,067 1,372 1,372 0.06 0.02 0.01 1,378 1,371 1,371 0.06 0.02 0.03 1,377 164 164 0.01 < 0.005 0.01 165 301 301 0.01 < 0.005 0.06 303 27.1 27.1 < 0.005 < 0.005 < 0.005 27.2 49.9 49.9 < 0.005 < 0.005 0.01 50.1 City Council 26 - 424 12/63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Unmit. 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Unmit. 0.30 0.44 0.24 1.89 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 Average - - - - - - - - - - - - - - - - - - Daily (Max) Unmit. 0.26 0.40 0.20 1.66 < 0.005 0.01 0.30 0.31 0.01 0.08 0.08 5.89 585 591 0.63 0.02 0.62 614 Annual- - - - - - - - - - - - - - - - - - (Max) Unmit. 0.05 0.07 0.04 0.30 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 2.5. Operations Emissions by Sector, Unmitigated Criteria Pollutants (lb/dav for dailv. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) Daily, Summer (Max) Mobile 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Area 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Mobile 0.29 n 97 n 9n 1 aF < n nns < n nns n 4n n 41 < n nns n i n n 11 - 4�a 41a n ni n ro 0.05 446 City Council 26 - 425 1/16/2024 13/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Area - 0.17 - - Energy 0.01 < 0.005 0.05 0.04 Water - - - - Waste - - - - Refrig. - - - - Total 0.30 0.44 0.24 1.89 Average - - - - Daily Mobile 0.22 0.20 0.15 1.41 Area 0.04 0.20 < 0.005 0.21 Energy 0.01 < 0.005 0.05 0.04 Water - - - - Waste - - - - Refrig. - - - - Total 0.26 0.40 0.20 1.66 Annual - - - - Mobile 0.04 0.04 0.03 0.26 Area 0.01 0.04 < 0.005 0.04 Energy < 0.005 < 0.005 0.01 0.01 Water - - - - Waste - - - - Refrig. - - - - Total 0.05 0.07 0.04 0.30 < 0.005 < 0.005 - < 0.005 0.01 0.40 < 0.005 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 0.01 0.30 < 0.005 < 0.005 0.06 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 < 0.005 0.06 2.6. Operations Emissions by Sector, Mitigated < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 2.38 12.6 15.0 0.25 0.01 - 22.8 - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 - - - - - - - - - 0.02 0.02 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 0.30 < 0.005 0.08 0.08 - 333 333 0.02 0.01 0.60 338 < 0.005 < 0.005 - < 0.005 - 0.86 0.86 < 0.005 < 0.005 - 0.86 < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 - - - - - - - - - 0.02 0.02 0.31 0.01 0.08 0.08 5.89 585 591 0.63 0.02 0.62 614 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 < 0.005 < 0.005 - < 0.005 - 39.5 39.5 < 0.005 < 0.005 - 39.7 - - - - 0.39 2.08 2.48 0.04 < 0.005 - 3.78 - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 - - - - - - - - - < 0.005 < 0.005 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) CO2e Ou 14/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, Summer (Max) Mobile 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Area 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.35 0.49 0.23 2.30 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 709 715 0.64 0.03 1.87 741 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Mobile 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Area - 0.17 - - - - - - - - - - - - - - Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - 0.02 0.02 Total 0.30 0.44 0.24 1.89 < 0.005 0.01 0.40 0.41 0.01 0.10 0.11 5.89 691 696 0.64 0.03 0.07 721 Average - - - - - - - - - - - - - - - Daily Mobile 0.22 0.20 0.15 1.41 < 0.005 < 0.005 0.30 0.30 < 0.005 0.08 0.08 - 333 333 0.02 0.01 0.60 338 Area 0.04 0.20 < 0.005 0.21 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.86 0.86 < 0.005 < 0.005 - 0.86 Energy 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 239 239 0.02 < 0.005 - 240 Water - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Waste - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Refrig. - - - - - - - - - - - - - - - - 0.02 0.02 Total 0.26 9.49-9.29 4.66 49.996 9.94 939 @.;4 9.94 9.98 9.989-89 686 694 9.6; 9.920.62 614 City Council 26 - 427 1/16/2024 15/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Annual Mobile 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Area 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 Energy < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 39.5 39.5 < 0.005 < 0.005 - 39.7 Water - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - 3.78 Waste - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Refrig. - - - - - - - - - - - - - - - - < 0.005 < 0.005 Total 0.05 0.07 0.04 0.30 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.02 0.98 96.8 97.8 0.10 < 0.005 0.10 102 3. Construction Emissions Details 3.1. Building Construction (2023) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite Daily, - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.69 0.58 5.93 7.00 0.01 0.28 - 0.28 0.26 - 0.26 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average Daily Off -Road 0.08 0.07 0.71 0.84 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment iNBCO2 CO2T CH4 N20 R CO2e 1,305 1,305 0.05 0.01 - 1,309 0.00 0.00 0.00 0.00 0.00 0.00 156 156 0.01 < 0.005 - 156 City Council 26 - 428 1/16/2024 16/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road 0.02 0.01 0.13 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.13 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.2. Building Construction (2023) - Mitigated Criteria Pollutants (lb/dav for daily. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) 0.00 0.00 0.00 0.00 0.00 0.00 25.8 25.8 < 0.005 < 0.005 - 25.9 0.00 0.00 0.00 0.00 0.00 0.00 29.5 29.5 < 0.005 < 0.005 < 0.005 29.8 37.6 37.6 < 0.005 0.01 < 0.005 39.2 0.00 0.00 0.00 0.00 0.00 0.00 3.57 3.57 < 0.005 < 0.005 0.01 3.62 4.49 4.49 < 0.005 < 0.005 0.01 4.68 0.00 0.00 0.00 0.00 0.00 0.00 0.59 0.59 < 0.005 < 0.005 < 0.005 0.60 0.74 0.74 < 0.005 < 0.005 < 0.005 0.78 0.00 0.00 0.00 0.00 0.00 0.00 17/63 CO2e Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite - - - - - - - - - - - - - - - - - - Daily, Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Off -Road 0.69 0.58 5.93 7.00 0.01 0.28 - 0.28 0.26 - 0.26 - 1,305 1,305 0.05 0.01 - 1,309 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.08 0.07 0.71 0.84 < 0.005 0.03 - 0.03 0.03 - 0.03 - 156 156 0.01 < 0.005 - 156 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - - - - - - - - - Off -Road 0.02 0.01 0.13 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - 25.8 25.8 < 0.005 < 0.005 - 25.9 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.13 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - 29.5 29.5 < 0.005 < 0.005 < 0.005 29.8 Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - 37.6 37.6 < 0.005 0.01 < 0.005 39.2 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 430 1/16/2024 18/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Average Daily Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 0.01 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.3. Building Construction (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.67 0.56 5.60 6.98 0.01 0.26 - 0.26 0.23 - 0.23 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - Daily Off -Road 0.08 0.07 0.66 0.82 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - City Council - - - - -26 - 4ra1 - - - 19/63 3.57 3.57 < 0.005 < 0.005 0.01 3.62 4.49 4.49 < 0.005 < 0.005 0.01 4.68 0.00 0.00 0.00 0.00 0.00 0.00 0.59 0.59 < 0.005 < 0.005 < 0.005 0.60 0.74 0.74 < 0.005 < 0.005 < 0.005 0.78 0.00 0.00 0.00 0.00 0.00 0.00 iNBCO2 CO2T CH4 N20 R CO2e 1,305 1,305 0.05 0.01 - 1,309 0.00 0.00 0.00 0.00 0.00 0.00 153 153 0.01 < 0.005 - 154 0.00 0.00 0.00 0.00 0.00 0.00 1 /1-&/2024 - - - - - Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.01 0.01 0.12 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.12 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.4. Building Construction (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - 25.4 25.4 < 0.005 < 0.005 - 25.5 0.00 0.00 0.00 0.00 0.00 0.00 28.9 28.9 < 0.005 < 0.005 < 0.005 29.2 37.2 37.2 < 0.005 0.01 < 0.005 38.8 0.00 0.00 0.00 0.00 0.00 0.00 3.44 3.44 < 0.005 < 0.005 0.01 3.48 4.36 4.36 < 0.005 < 0.005 0.01 4.55 0.00 0.00 0.00 0.00 0.00 0.00 0.57 0.57 < 0.005 < 0.005 < 0.005 0.58 0.72 0.72 < 0.005 < 0.005 < 0.005 0.75 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 432 1/16/2024 20 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Off -Road 0.67 0.56 5.60 6.98 0.01 0.26 - 0.26 0.23 - 0.23 - 1,305 1,305 0.05 0.01 - 1,309 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.08 0.07 0.66 0.82 < 0.005 0.03 - 0.03 0.03 - 0.03 - 153 153 0.01 < 0.005 - 154 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - - - - - - - - - Off -Road 0.01 0.01 0.12 0.15 < 0.005 0.01 - 0.01 0.01 - 0.01 - 25.4 25.4 < 0.005 < 0.005 - 25.5 Equipment Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Daily, - - - - - - - - - - - - Winter (Max) Worker 0.01 0.01 0.01 0.12 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - 28.9 28.9 < 0.005 < 0.005 < 0.005 29.2 Vendor < 0.005 < 0.005 0.04 0.02 < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 < 0.005 - 37.2 37.2 < 0.005 0.01 < 0.005 38.8 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Average - - - - - - - - - - - - - - - - - - Daily City Council 26 - 433 1/16/2024 21 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Worker < 0.005 < 0.005 < 0.005 0.01 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 < 0.005 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.5. Paving (2024) - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - - Daily 3.44 3.44 < 0.005 < 0.005 0.01 3.48 4.36 4.36 < 0.005 < 0.005 0.01 4.55 0.00 0.00 0.00 0.00 0.00 0.00 0.57 0.57 < 0.005 < 0.005 < 0.005 0.58 0.72 0.72 < 0.005 < 0.005 < 0.005 0.75 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 434 1/16/2024 22/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.07 0.06 0.53 0.63 < 0.005 0.02 - 0.02 0.02 - 0.02 - Equipment Paving - 0.00 - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road 0.01 0.01 0.10 0.11 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Worker 0.07 0.06 0.07 1.05 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Worker 0.07 0.06 0.08 0.91 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 E;ft. D0SoUP'0p5 0.02 0.00 0.00 < 0.005 < 205- 4W < 0.005 < 0.005 - 23 / 63 97.0 97.0 < 0.005 < 0.005 - 97.3 0.00 0.00 0.00 0.00 0.00 0.00 16.1 16.1 < 0.005 < 0.005 - 16.1 0.00 0.00 0.00 0.00 0.00 0.00 237 237 < 0.005 0.01 0.97 241 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 226 226 < 0.005 0.01 0.03 228 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 27.0 27.0 < 0.005 < 0.005 0.05 27.3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 < 0.0051 /1602024 0.01 4.52 4.46 4.46 Vista Charter School Expansion Detailed Report, 7/26/2023 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.6. Paving (2024) - Mitigated Criteria Pollutants(lb/day for daily, ton/yr for annual and GHGs(lb/day for daily, MT/yr for annual Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - - Winter (Max) Off -Road 0.63 0.53 4.52 5.32 0.01 0.21 - 0.21 0.19 - 0.19 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Average - - - - - - - - - - - - Daily Off -Road 0.07 0.06 0.53 0.63 < 0.005 0.02 - 0.02 0.02 - 0.02 - Equipment Paving - 0.00 - - - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Hnnuai - - - - - - - - - - City Council 26 - 436 24/63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 823 823 0.03 0.01 - 826 0.00 0.00 0.00 0.00 0.00 0.00 97.0 97.0 < 0.005 < 0.005 - 97.3 0.00 0.00 0.00 0.00 0.00 0.00 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Off -Road 0.01 0.01 0.10 0.11 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Paving - 0.00 - - - - - - - - Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Worker 0.07 0.06 0.07 1.05 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Worker 0.07 0.06 0.08 0.91 0.00 0.00 0.23 0.23 0.00 0.05 0.05 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Average - - - - - - - - - - - - Daily Worker 0.01 0.01 0.01 0.11 0.00 0.00 0.03 0.03 0.00 0.01 0.01 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 0.02 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.7. Architectural Coating (2024) - Unmitigated Criteria Poll utant9k/99YOIdaily, ton/yr for annual) and GHGs (lb/O f0 agily, MT/yr for annual) 25 / 63 16.1 16.1 < 0.005 < 0.005 - 16.1 0.00 0.00 0.00 0.00 0.00 0.00 237 237 < 0.005 0.01 0.97 241 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 226 226 < 0.005 0.01 0.03 228 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 27.0 27.0 < 0.005 < 0.005 0.05 27.3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.46 4.46 < 0.005 < 0.005 0.01 4.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.17 0.14 0.91 1.15 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Architect - 0.75 - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Daily, - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - Daily Off -Road 0.02 0.02 0.11 0.14 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Architect - 0.09 - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Annual - - - - - - - - - - - - Off -Road < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - Equipment Architect - 0.02 - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - truck Offsite - - - - - - - - - - - - 134 134 0.01 < 0.005 - 134 0.00 0.00 0.00 0.00 0.00 0.00 15.7 15.7 < 0.005 < 0.005 - 15.8 0.00 0.00 0.00 0.00 0.00 0.00 2.60 2.60 < 0.005 < 0.005 - 2.61 0.00 0.00 0.00 0.00 0.00 0.00 City Council 26 - 438 1/16/2024 26 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, - - - - - - - - - - - - Summer (Max) Worker < 0.005 < 0.005 < 0.005 0.03 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Daily, - - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - Daily Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 3.8. Architectural Coating (2024) - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Onsite - - - - - - - - - - - - Daily, - - - - - - - - - - - - Summer (Max) Off -Road 0.17 0.14 0.91 1.15 < 0.005 0.03 - 0.03 0.03 - 0.03 - Equipment Architect - 0.75 - - - - - - - - - - urA 6.07 6.07 < 0.005 < 0.005 0.02 6.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.69 0.69 < 0.005 < 0.005 < 0.005 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.11 0.11 < 0.005 < 0.005 < 0.005 0.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NBCO2 CO2T CH4 N20 R CO2e 0.00.005 134 Coatings City Council 26 - 439 27 / 63 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Daily, - - - - - Winter (Max) Average - - - - - - - - - - - - - - - - - - Daily Off -Road 0.02 0.02 0.11 0.14 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 15.7 15.7 < 0.005 < 0.005 - 15.8 Equipment Architect - 0.09 - - - - - - - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Annual - - - - - - - - - - Off -Road < 0.005 < 0.005 0.02 0.02 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 2.60 2.60 < 0.005 < 0.005 - 2.61 Equipment Architect - 0.02 - - - - - - - - - - - - - - - - ural Coatings Onsite 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 truck Offsite - - - - - - - - - - - - - - - - - - Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Worker < 0.005 < 0.005 < 0.005 0.03 0.00 0.00 0.01 0.01 0.00 < 0.005 < 0.005 - 6.07 6.07 < 0.005 < 0.005 0.02 6.16 Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Average - - - - - - - - - - - - - - - - - - Daily City Council 26 - 440 1/16/2024 28 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Annual - - - - - - - - - - - - Worker < 0.005 < 0.005 < 0.005 < 0.005 0.00 0.00 < 0.005 < 0.005 0.00 < 0.005 < 0.005 - Vendor 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Hauling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 4. Operations Emissions Details 4.1. Mobile Emissions by Land Use 4.1.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - Summer (Max) General 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Office Building Total 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Daily, - - - - - - - - - - - Winter (Max) General 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Office Building Total 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - Annual - City Council - - - - -26 - 441 - - 29 / 63 0.69 0.69 < 0.005 < 0.005 < 0.005 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.11 0.11 < 0.005 < 0.005 < 0.005 0.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CO2e 457 457 0.02 0.02 1.86 465 457 457 0.02 0.02 1.86 465 439 439 0.03 0.02 0.05 446 439 439 0.03 0.02 0.05 446 1 /1-r/2024 - - Vista Charter School Expansion Detailed Report, 7/26/2023 General 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Office Building Total 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 4.1.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Office Building Total 0.29 0.27 0.18 1.95 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 457 457 0.02 0.02 1.86 465 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Office Building Total 0.29 0.27 0.20 1.85 < 0.005 < 0.005 0.40 0.41 < 0.005 0.10 0.11 - 439 439 0.03 0.02 0.05 446 Annual - - - - - - - - - - - - - - - - - - General 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 Office Building Total 0.04 0.04 0.03 0.26 < 0.005 < 0.005 0.06 0.06 < 0.005 0.01 0.01 - 55.1 55.1 < 0.005 < 0.005 0.10 56.0 4.2. Energy 4.2.1. Electricity Emissions By Land Use - Unmitigated City Council 26 - 442 1/16/2024 30/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building Total — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building Total — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Annual — — — — — — — — — — — — — — — — General — — — — — — — — — — — — 30.1 30.1 < 0.005 < 0.005 — 30.2 Office Building Total — — — — — — — — — — — — 30.1 30.1 < 0.005 < 0.005 — 30.2 4.2.2. Electricity Emissions By Land Use - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — 182 182 0.01 < 0.005 — 182 Office Building City Council 26 — 443 1/16/2024 31 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Daily, - - - - - - - - Winter (Max) General - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Office Building Total - - - - - - - - - - - - 182 182 0.01 < 0.005 - 182 Annual- - - - - - - - - - - - - - - - - - General - - - - - - - - - - - - 30.1 30.1 < 0.005 < 0.005 - 30.2 Office Building Total - - - - - - - - - - - - 30.1 30.1 < 0.005 < 0.005 - 30.2 4.2.3. Natural Gas Emissions By Land Use - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, Summer (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Annual - Gity Council - - - - -26 - 444 - - - - - - 1 /1-&/2024 32/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 Office Building Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 4.2.4. Natural Gas Emissions By Land Use - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land TOG ROG NOx CO S02 �PMIIOE �PM10D �PMIIOT �PM2.51E �PM2.51D �PM2.5`r �BCO2 �NBCO2 �CO2`r �CH4 �N20 R �CO2e Use Daily, Summer (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Office Building Total 0.01 < 0.005 0.05 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 56.9 56.9 0.01 < 0.005 - 57.0 Annual - - - - - - - - - - - - - - - - - - General < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 Office Building Total < 0.005 < 0.005 0.01 0.01 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 9.41 9.41 < 0.005 < 0.005 - 9.44 4.3. Area Emissions by Source 4.3.2. Unmitigated City Council 26 - 445 1/16/2024 33/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) Consum — 0.15 — — — — — — — — — — — — — — — — er Products Architect — 0.02 — — — — — — — — — — — ural Coatings Landsca 0.05 0.05 < 0.005 0.30 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.25 1.25 < 0.005 < 0.005 — 1.26 pe Equipme nt Total 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 — < 0.005 < 0.005 — < 0.005 — 1.25 1.25 < 0.005 < 0.005 — 1.26 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Consum — 0.15 — — — — — — — — — — — — — — — — er Products Architect — 0.02 — — — — — — — — — — — — — — — — ural Coatings Total — 0.17 — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Consum — 0.03 — — — — — — — — — — — — — — — — er Products Architect — < 0.005 — — — — — — — — — — ural Coatings City Council 26 — 446 1/16/2024 34/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Landsca 0.01 0.01 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 pe Equipme Total 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 4.3.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) Consum - 0.15 - - - - - - - - - - - - - - - - er Products Architect - 0.02 - - - - - - - - - - - - - ural Coatings Landsca 0.05 0.05 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 pe Equipme nt Total 0.05 0.22 < 0.005 0.30 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 1.25 1.25 < 0.005 < 0.005 - 1.26 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) Consum - 0.15 - - - - - - - - - - - - - - - - er Products Architect - 0.02 - - - - - - - - - - - - - - - - ural Coatings Total - 0.17 - - - - - - - - - - - - - - - - Annual - - - - - - - - - - - - - - - - - - City Council 26 - 447 1/16/2024 35/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Consum - 0.03 - - - - - - - - - - - - - - - - er Architect - < 0.005 - - - - - - - - - - ural Coatings Landsca 0.01 0.01 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 pe Equipme nt Total 0.01 0.04 < 0.005 0.04 < 0.005 < 0.005 - < 0.005 < 0.005 - < 0.005 - 0.14 0.14 < 0.005 < 0.005 - 0.14 4.4. Water Emissions by Land Use 4.4.2. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - 22.8 Annual - - - - - - - - - - - - - - - - - - City Council 26 - 448 1/16/2024 36/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General - - - - - - - - - - - Office Building Total - - - - - - - - - - - 4.4.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) 0.39 2.08 2.48 0.04 < 0.005 - 3.78 0.39 2.08 2.48 0.04 < 0.005 - 3.78 Land TOG ROG NOx CO S02 �PMIIOE �PM10D �PMIIOT �PM2.51E �PM2.51D �PM2.5`r �BCO2 �NBCO2 ICO2T �CH4 �N20 R �CO2e Use D. Summer 0.01 22.8 Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Daily, - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Office Building Total - - - - - - - - - - - 2.38 12.6 15.0 0.25 0.01 - Annual - - - - - - - - - - - - - - - - - General - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - Office Building Total - - - - - - - - - - - 0.39 2.08 2.48 0.04 < 0.005 - 4.5. Waste Emissions by Land Use 4.5.2. Unmitigated City Council 26 - 449 1/16/2024 37/63 22.8 22.8 22.8 3.78 Mi.] Vista Charter School Expansion Detailed Report, 7/26/2023 Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Annual - - - - - - - - - - - - - - - - - - General - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Office Building Total - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 4.5.1. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, - - - - - - - - - - - - - - - - - - Summer (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building City Council 26 - 450 1/16/2024 38 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Daily, - - - - - - - - Winter (Max) General - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Office Building Total - - - - - - - - - - - 3.51 0.00 3.51 0.35 0.00 - 12.3 Annual General - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 Office Building Total - - - - - - - - - - - 0.58 0.00 0.58 0.06 0.00 - 2.03 4.6. Refrigerant Emissions by Land Use 4.6.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, Summer (Max) General - - - - - - - - - - - - - - - - 0.02 0.02 Office Building Total - - - - - - - - - - - - - - 0.02 0.02 Daily, - - - - - - - - - - - - - - - - - - Winter (Max) General - - - - - - - - - - - - - - - - 0.02 0.02 Office Building City Council 26 - 451 1/16/2024 39/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total — — — — — — — — — — — — — — — — 0.02 0.02 Annual — — — — General — — — — — < 0.005 < 0.005 Office Building Total — — — — — — — — — — — — — — — — < 0.005 < 0.005 4.6.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) General — — — — — — — — — — — — — — — — 0.02 0.02 Office Building Total — — — — — — — — — — — — — — — — 0.02 0.02 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) General — — — — — — — — — — — — — — — — 0.02 0.02 Office Building Total 0.02 0.02 Annual — — — — — — — — General — — — — — — — — — — — — — — — — < 0.005 < 0.005 Office Building Total — — — — — — — — — — — — — — — — < 0.005 < 0.005 4.7. Offroad Ity oQQORRQuncll 26 — 452 1/16/2024 40 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.7.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) nt Equipme NEENNEENEEN - Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.7.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — City Council 26 — 453 1/16/2024 41 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.8. Stationary Emissions By Equipment Type 4.8.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.8.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Equipme nt Type Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — City Council 26 — 454 1/16/2024 42 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Annual — — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.9. User Defined Emissions By Equipment Type 4.9.1. Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) nt Equipme - Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.9.2. Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total— — — — — — — — — — — — — — — — — — City Council 26 — 455 1/16/2024 43 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10. Soil Carbon Accumulation By Vegetation Type 4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — — — Annual — — — — — — — — — — — — — — — — — — Total— — — — — — — — — — — — — — — — 4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/dav for dailv. ton/vr for annual) and GHGs (lb/dav for dailv. MT/vr for annual) Daily, — — — — — — — — — — — — — — — — Summer (Max) City Council 26 — 456 1/16/2024 44/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Total — — — — — — — — — — — — Daily, — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — Annual — — — — — — — — — — — — Total — — — — — — — — — — — — 4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — Summer (Max) Avoided — — — — — — — — — — — — Subtotal — — — — — — — — — — — — Sequest — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — Remove — — — — — — — — — — — — d Subtotal — — — — — — — — — — — — Daily, — — — — — — — Winter (Max) Avoided — — — — — — — — — — — — Subtotal — — — — — — — — — — — — Sequest — — — — — — — — — — — — ered Subtotal — City Council _ _ _ _ _26 — 457 _ _ 45/63 1 /16/2024 _ Vista Charter School Expansion Detailed Report, 7/26/2023 Remove — — — — — — — — — — — — — — — — — — Subtotal — — — — — — Annual — Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — Remove — — — — — — — — — d Subtotal — — — — — — — — — — — — — — — — — — 4.10.4. Soil Carbon Accumulation By Vegetation Type - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — City Council 26 — 458 1/16/2024 46 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 4.10.5. Above and Belowground Carbon Accumulation by Land Use Type - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — Summer (Max) Total — — — — — — — — — — — — — — — — — — Daily, — — — — — — — — — — — — — — — — — — Winter (Max) Total — — — — — — — — — — — — — — — — Annual— — — — — — — — — — — — — — — — — — Total — — — — — — — — — — — — — — — — — — 4.10.6. Avoided and Sequestered Emissions by Species - Mitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Daily, — — — — — — — — — — — — — — — — — — Summer (Max) Avoided — — — — — — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — — — — — — — Remove — — — — — — — — — — — — — — — — — — d Subtotal — — — — — — — — — — — — — — - - CRY Council — — — — —26 — 459 — — — — — — 1/1-6/2024 — — 47 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Daily, Winter (Max) Avoided Subtotal Sequest ered Subtotal Remove d Subtotal Annual — — — — — — — — — — — — — — — — — — Avoided — — — — — — — — — — — — — Subtotal — — — — — — — — — — — — — — — — — — Sequest — — — — — — — — — — — — — — — — — — ered Subtotal — — — — — — — — — — — — — — — — — — Remove — — — — — — — — — — — — — — — — — — d Subtotal — — — — — — — — — — — — — — — 5. Activity Data 5.1. Construction Schedule Building Construction Building Construction 11/1/2023 2/29/2024 5.00 87.0 — Paving City oun�il Z 460 1/16/2024 48/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Architectural Coating Architectural Coating 5.2. Off -Road Equipment 5.2.1. Unmitigated Building Construction Cranes Diesel Building Construction Forklifts Diesel Building Construction Tractors/Loaders/Backh Diesel oes Paving Tractors/Loaders/Backh Diesel oes Paving Cement and Mortar Diesel Mixers Paving Pavers Diesel Paving Rollers Diesel Architectural Coating Air Compressors Diesel 5.2.2. Mitigated 5/1 /2024 6/30/2024 5.00 43.0 - Average 1.00 4.00 367 0.29 Average 2.00 6.00 82.0 0.20 Average 2.00 8.00 84.0 0.37 Average 1.00 7.00 84.0 0.37 Average 4.00 6.00 10.0 0.56 Average 1.00 7.00 81.0 0.42 Average 1.00 7.00 36.0 0.38 Average 1.00 6.00 37.0 0.48 Building Construction Cranes Diesel Average 1.00 4.00 367 0.29 Building Construction Forklifts Diesel Average 2.00 6.00 82.0 0.20 Building Construction Tractors/Loaders/Backh Diesel Average 2.00 8.00 84.0 0.37 oes Paving Tractors/Loaders/Backh Diesel Average 1.00 7.00 84.0 0.37 oes Paving Cement and Mortar Diesel Average 4.00 6.00 10.0 0.56 Mixers Paving FaAers City Council Diesel Average 26 - 461uu 1/16/20 49/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Paving Rollers Diesel Average 1.00 7.00 36.0 0.38 Architectural Coating Air Compressors Diesel Average 1.00 6.00 37.0 0.48 5.3. Construction Vehicles 5.3.1. Unmitigated Building Construction Building Construction Worker 2.24 18.5 LDA,LDT1,LDT2 Building Construction Vendor 1.15 10.2 HHDTMHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck — — HHDT Paving — — — — Paving Worker 17.5 18.5 LDA,LDT1,LDT2 Paving Vendor — 10.2 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck — — HHDT Architectural Coating — — — — Architectural Coating Worker 0.45 18.5 LDA,LDT1,LDT2 Architectural Coating Vendor — 10.2 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck — — HHDT 5.3.2. Mitigated Building Construction — Building ConstructionCity Council Worker 2.24 26 — 462 18.5 LDAPT6,M24 50/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Building Construction Vendor 1.15 10.2 HHDT,MHDT Building Construction Hauling 0.00 20.0 HHDT Building Construction Onsite truck — — HHDT Paving — — — — Paving Worker 17.5 18.5 LDA,LDT1,LDT2 Paving Vendor — 10.2 HHDT,MHDT Paving Hauling 0.00 20.0 HHDT Paving Onsite truck — — HHDT Architectural Coating — — — — Architectural Coating Worker 0.45 18.5 LDA,LDT1,LDT2 Architectural Coating Vendor — 10.2 HHDT,MHDT Architectural Coating Hauling 0.00 20.0 HHDT Architectural Coating Onsite truck — — HHDT 5.4. Vehicles 5.4.1. Construction Vehicle Control Strategies Non -applicable. No control strategies activated by user. 5.5. Architectural Coatings Architectural Coating 0.00 0.00 10,500 3,500 — 5.6. Dust Mitigation 5.6.1. Construction Earthmoving Activities Phase Name iviaieriai irnpvried kcY) iviaieriai �xp • • s uraded �acresj iviaieriai uernoiisned �sy. ii.j • , Vista Charter School Expansion Detailed Report, 7/26/2023 Paving 0.00 0.00 5.6.2. Construction Earthmoving Control Strategies Water Exposed Area 3 5.7. Construction Paving General Office Building 0.00 5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh) kWh per Year • 2023 0.00 532 2024 0.00 532 5.9. Operational Mobile Sources 5.9.1. Unmitigated General Office 84.0 Building 5.9.2. Mitigated 15.5 4.90 22,962 0.00 74% 570 0.03 0.03 WE 0% 105 74% wl < 0.005 < 0.005 33.3 155,892 City Council 26 — 464 1/16/2024 52/63 Vista Charter School Expansion Detailed Report, 7/26/2023 General Office 84.0 15.5 4.90 22,962 570 Building 5.10. Operational Area Sources 5.10.1. Hearths 5.10.1.1. Unmitigated 5.10.1.2. Mitigated 5.10.2. Architectural Coatings C no 10,500 3,500 105 5.10.3. Landscape Equipment Snow Days day/yr 0.00 Summer Days day/yr 250 5.10.4. Landscape Equipment - Mitigated Snow Days Summer Days 5.11. Operational Energy Consumption City Council day/yr 0.00 day/yr 250 26 — 465 53/63 33.3 155,892 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.11.1. Unmitigated Electricity (kWh/yr) and CO2 and CH4 and N20 and Natural Gas (kBTU/yr) .all, • General Office Building 124,742 532 0.0330 5.11.2. Mitigated Electricity (kWh/yr) and CO2 and CH4 and N20 and Natural Gas (kBTU/yr) Electricity (kWh/yr)• M General Office Building 124,742 532 0.0330 5.12. Operational Water and Wastewater Consumption 5.12.1. Unmitigated General Office Building 5.12.2. Mitigated General Office Building 5.13. Operational Waste Generation 5.13.1. Unmitigated 1,244,136 1,244,136 Land Use -M M- General Office Building 6.51 City Council 26 — 466 54/63 0.0040 0.0040 29,770 29,770 177,425 177,425 1 /16/2024 Vista Charter School Expansion Detailed Report, 7/26/2023 5.13.2. Mitigated General Office Building 6.51 5.14. Operational Refrigeration and Air Conditioning Equipment 5.14.1. Unmitigated General Office Building Household refrigerators R-134a and/or freezers General Office Building Other commercial A/C R-410A and heat pumps 5.14.2. Mitigated General Office Building Household refrigerators R-134a and/or freezers General Office Building Other commercial A/C R-410A and heat pumps 5.15. Operational Off -Road Equipment 5.15.1. Unmitigated 5.15.2. Mitigated 1,430 0.02 0.60 0.00 1.00 2,088 < 0.005 4.00 4.00 18.0 1,430 0.02 0.60 0.00 1.00 2,088 < 0.005 4.00 4.00 18.0 55/63 1/1 Vista Charter School Expansion Detailed Report, 7/26/2023 5.16. Stationary Sources 5.16.1. Emergency Generators and Fire Pumps Equipment Type Fuel Type Number per Day Hours per Day Hours per Year Horsepower Load Factor 5.16.2. Process Boilers 5.17. User Defined 5.18. Vegetation 5.18.1. Land Use Change 5.18.1.1. Unmitigated 5.18.1.2. Mitigated 5.18.1. Biomass Cover Type 5.18.1.1. Unmitigated Biomass Cover Type ,Njlszmojql Lei Initial Acres Final Acres 56 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 5.18.1.2. Mitigated 5.18.2. Sequestration 5.18.2.1. Unmitigated 5.18.2.2. Mitigated 6. Climate Risk Detailed Report 6.1. Climate Risk Summary Cal -Adapt midcentury 2040-2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise stronqlv throuqh 2050 and then plateau around 2100. Temperature and Extreme Heat 9.03 annual days of extreme heat Extreme Precipitation 3.50 annual days with precipitation above 20 mm Sea Level Rise 0.00 meters of inundation depth Wildfire 1.31 annual hectares burned Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal -Adapt, 2040-2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about 3/4 an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal -Adapt (2040-2059 average under RCP 8.5), and consider different increments of sea level rise coupled with extreme storm events. Users may select from four model simulations to view the range in potential inundation depth for the grid cell. The four simulations make different assumptions - - and temperature possibilities (MIR005F#t&hg%R9iiL 50 meters (m) by 50 m, or about 164 feet (ft) by 1t �t.— 40 1/16/2024 57/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal -Adapt (2040-2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIR005). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi. 6.2. Initial Climate Risk Scores Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 1 0 0 N/A Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 0 0 N/A Wildfire 1 0 0 N/A Flooding N/A N/A N/A N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A Air Quality Degradation 0 0 0 N/A The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures. 6.3. Adjusted Climate Risk Scores Temperature and Extreme Heat 1 1 1 2 Extreme Precipitation N/A N/A N/A N/A Sea Level Rise 1 1 1 2 Wildfire 1 1 1 2 Flooding N/A N/A N/A N/A Drought N/A N/A N/A N/A Snowpack Reduction N/A N/A N/A N/A City Council 26 — 470 1/16/2024 58/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Air Quality Degradation 1 1 1 2 The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure. The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt. The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures. 6.4. Climate Risk Reduction Measures 7. Health and Equity Details 7.1. CalEnviroScreen 4.0 Scores The maximum CalEnviroScreen score is 100. A hiah score (i Exposure Indicators AQ-Ozone AQ-PM AQ-DPM Drinking Water Lead Risk Housing Pesticides Toxic Releases Traffic Effect Indicators than 50) reflects a hiaher pollution burden compared to other census tracts in the state. 57.0 73.5 78.3 46.5 77.7 0.00 87.5 44.2 CleanUp Sites 94.8 Groundwater 0.00 Haz Waste Facilities/Generators 86.4 Impaired Water Bodies 0.00 Solid Waste FR 7 City Council 26 — 471 1/16/2024 59/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Sensitive Population Asthma 55.5 Cardio-vascular 45.8 Low Birth Weights 88.0 Socioeconomic Factor Indicators — Education 97.9 Housing 88.7 Linguistic 96.9 Poverty 92.8 Unemployment 49.9 7.2. Healthy Places Index Scores The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. Economic Above Poverty 5.41511613 Employed 49.83959964 Median HI 5.838573078 Education — Bachelor's or higher 10.61208777 High school enrollment 100 Preschool enrollment 45.81034262 Transportation — Auto Access 2.669061979 Active commuting 93.17336071 Social — 2-parent households City Council 26 — 472 1/16/2024 60/63 Vista Charter School Expansion Detailed Report, 7/26/2023 Voting 4.401385859 Neighborhood — Alcohol availability 16.27101245 Park access 35.81419222 Retail density 96.35570384 Supermarket access 94.25125112 Tree canopy 20.51841396 Housing — Homeownership 5.800076992 Housing habitability 4.516874118 Low-inc homeowner severe housing cost burden 15.57808289 Low-inc renter severe housing cost burden 43.07712049 Uncrowded housing 1.680995765 Health Outcomes — Insured adults 1.860644168 Arthritis 54.3 Asthma ER Admissions 49.4 High Blood Pressure 58.0 Cancer (excluding skin) 87.6 Asthma 14.8 Coronary Heart Disease 23.5 Chronic Obstructive Pulmonary Disease 17.9 Diagnosed Diabetes 11.9 Life Expectancy at Birth 95.7 Cognitively Disabled 39.7 Physically Disabled 45.1 Heart Attack ER Admiccinnc 785 City Council 26 — 473 1/16/2024 61 / 63 Vista Charter School Expansion Detailed Report, 7/26/2023 Mental Health Not Good 7.3 Chronic Kidney Disease 14.8 Obesity 19.9 Pedestrian Injuries 94.3 Physical Health Not Good 7.3 Stroke 17.3 Health Risk Behaviors — Binge Drinking 57.0 Current Smoker 9.3 No Leisure Time for Physical Activity 3.2 Climate Change Exposures — Wildfire Risk 0.0 SLR Inundation Area 0.0 Children 0.5 Elderly 69.3 English Speaking 1.3 Foreign -born 93.3 Outdoor Workers 21.6 Climate Change Adaptive Capacity — Impervious Surface Cover 11.1 Traffic Density 55.3 Traffic Access 23.0 Other Indices — Hardship 96.6 Other Decision Support — 2016 Voting 31.1 City Council 26 — 474 1/16/2024 62/63 Vista Charter School Expansion Detailed Report, 7/26/2023 7.3. Overall Health & Equity Scores CalEnviroScreen 4.0 Score for Project Location (a) 90.0 Healthy Places Index Score for Project Location (b) 12.0 Project Located in a Designated Disadvantaged Community (Senate Bill 535) Yes Project Located in a Low -Income Community (Assembly Bill 1550) Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state. 7.4. Health & Equity Measures No Health & Equity Measures selected. 7.5. Evaluation Scorecard Health & Equity Evaluation Scorecard not completed. 7.6. Health & Equity Custom Measures No Health & Equity Custom Measures created. 8. User Changes to Default Data Construction: Construction Phases Construction: Architectural Coatings Operations: Vehicle Data As per the information provided. As per SCAQMD Rule 1113. As per VISTA HERITAGE GLOBAL ACADEMY EXPANSION TRIP GENERATION ASSESSMENT City Council 26 — 475 63/63 1 /16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT B NOISE DATA City Council 26 — 476 1/16/2024 Site Number: NM-1 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:08 AM Location: Northeast of Romero -Cruz Academy main building, southeast of the field Source of Ambient Noise: Traffic along Fairview Street Noise Data Leq (dB) LmaX(dB) Lmin (dB) 72.4 87.7 49.9 Category Type Vendor E ui ment Model Serial No. Cert. Date Note Sound Level Meter Bruel & Kjmr 2250 3011133 06/04/2023 Microphone Bruel & Kjaer 4189 3086765 06/04/2023 Sound Pream Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K mr 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: artly Cloud Note: dBA Offset = 0.01 Sensor Height ft : 5 ft Est. Wind Ave Speed (mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 477 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:08:36 End Time: 06/28/2023 11:18:36 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_001 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 72.4 87.7 49.9 Time 11:08:36 AM 11:18:36 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 478 1/16/2024 VCS_001 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:08:36 AM - 11:18:36 AM 100 90 80 70 60 50 40 30 20 10 0 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.3% Cumulative: 4.5% L1 = 81.9 dB L5 = 78.0 dB L10 = 75.9 dB L50 = 69.1 dB L90 = 56.1 dB L95 = 54.3 dB L99 = 52.1 dB dB City Council 26 — 479 1/16/2024 VCS_001 dB 140 120 100 80 60 40 — — — — — — 20 11:09:00 AM 11:11:00 AM 11:13:00 AM 11:15:00 AM 11:17:00 AM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:13:35 AM - 11:13:36 AM LAleq=61.7 dB LAFinax=61.7 dB LCpeak=82.4 dB LAFmin=60.5 dB VCS_001 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 61.7 61.7 60.5 Time 11:13:35 AM 0:00:01 Date 06/28/2023 City Council 26 — 480 1/16/2024 dB 06/28/2023 11:13:35 AM - 11:13:36 AM 140 120 100 80 60 40 20 0 12.50 31.50 63 _ LZeq Cursor: (A) Leq=61.1 dB VGS_001 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_001 Periodic reports dB 140 120 100 80 60 40 20 11:10:00 AM 11:20:00 AM 11:30:00 AM 11:40:00 AM 11:50:00 AM 12:00:00 PM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:08:36 AM - 12:08:36 PM LAleq=74.1 dB LAFinax=87.7 dB LCpeak=107.6 dB LAFmin=49.9 dB City Council 26 — 481 1/16/2024 VCS_001 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 74.1 87.7 49.9 Time 11:08:36 AM 0:10:00 Date 06/28/2023 City Council 26 — 482 1/16/2024 V c E VCS_001 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR na/9R/9n93 11 •nR•3R AM _ 11.1 R•3R AM I L1 = 81.9 dB L5 = 78.0 dB L10 = 75.9 dB L50 = 69.1 dB L95 = 54.3 dB L99 = 52.1 dB 1 4- I 1 4- 1 4- L- J 1 t-- I -L 1 L-1 1 L I I I 9n in 4n fin Rn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.3% Cumulative: 4.5% dB City Council 26 — 483 1/16/2024 Site Number: NM-2 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:26 AM Location: East of southern driveway access to Vista Heritage Global Academy Source of Ambient Noise: Traffic along 5th Street and Fairview Street Noise Data Leq (dB) Lmax(dB) Lmin (dB) 66.2 80.7 46.5 Equipment Category Type Vendor Model Serial No. Cert. Date Note Sound Level Meter Bruel & K'aar 2250 3011133 06/04/2023 Microphone Bruel & K mr 4189 3086765 06/04/2023 Sound Preamp Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K'aer 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: Partly Cloud Note: dBA Offset = 0.01 Sensor Height (ft): 5 ft Est. Wind Ave Speed mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 484 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:26:27 End Time: 06/28/2023 11:36:27 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_002 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 66.2 80.7 46.5 Time 11:26:27 AM 11:36:27 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 485 1/16/2024 vcs_002 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:26:27 AM - 11:36:27 AM 100 90 80 70 60 50 40 30 20 10 0 +I I L-J I LL I -L I L L L L L L I L I L Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.2% L1 = 76.2 dB L5 = 72.6 dB L10 = 70.4 dB L50 = 61.3 dB L90 = 53.4 dB L95 = 51.1 dB L99 = 48.2 dB dB City Council 26 — 486 1/16/2024 VCS_002 dB 140 120 100 r r 80 60 � r 40 — — L — — — — — — 20 11:27:00 AM 11:29:00 AM 11:31:00 AM 11:33:00 AM 11:35:00 AM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:31:26 AM - 11:31:27 AM LAleq=73.0 dB LAFinax=67.5 dB LCpeak=81.9 dB LAFmin=60.4 dB VCS_002 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 73.0 67.5 60.4 Time 11:31:26 AM 0:00:01 Date 06/28/2023 City Council 26 — 487 1/16/2024 dB 06/28/2023 11:31:26 AM - 11:31:27 AM 140 120 100 80 60 40 20 0 12.50 31.50 63 _ LZeq Cursor: (A) Leq=62.9 dB Vcs_002 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_002 Periodic reports dB 140 120 100 80 60 40 20 11:30:00 AM 11:40:00 AM 11:50:00 AM 12:00:00 PM 12:10:00 PM 12:20:00 PM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:26:27 AM - 12:26:27 PM LAIeq=68.6 dB LAFinax=80.7 dB LCpeak=100.6 dB LAFmin=46.5 dB City Council 26 — 488 1/16/2024 VCS_002 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 68.6 80.7 46.5 Time 11:26:27 AM 0:10:00 Date 06/28/2023 City Council 26 — 489 1/16/2024 V c E VCS_002 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR na/9R/9n93 11.9R•97 AM _ 11.3R•97 AM 1 4- 1 1 4II I L-J I t-- I -L I I --Ii i i i i 9n in 4n fin Fn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.2% L1 = 76.2 dB L5 = 72.6 dB L10 = 70.4 dB L50 = 61.3 dB L90 = 53.4 dB L95 = 51.1 dB L99 = 48.2 dB dB City Council 26 — 490 1/16/2024 Site Number: NM-3 Recorded By: Winnie Woo, Darshan Shivaiah Job Number: Santa Ana Vista Charter School Date: 06/28/2023 Time: 11:45 AM Location: Cul-de-sac of West 7th Street Source of Ambient Noise: Traffic along Fairview Street Noise Data Leq (dB) Lmax(dB) Lmin (0) 51.1 79.6 41.1 Equipment Category Type Vendor Model Serial No. Cert. Date Note Sound Level Meter Bruel & K'aer 2250 3011133 06/04/2023 Microphone Bruel & K'aer 4189 3086765 06/04/2023 Sound Preamp Bruel & K'aer ZC 0032 25380 06/04/2023 Calibrator Bruel & K'aer 4231 2545667 06/04/2023 Weather Data Duration: 10 minutes Sky: Partly Cloud Note: dBA Offset = 0.01 Sensor Height (ft): 5 ft Est. Wind Ave Speed mph / m/s Temperature (degrees Fahrenheit Barometer Pressure inches 6 mph 69 29.91 Photo of Measurement Location City Council 26 — 491 1/16/2024 2250 Instrument: 2250 Application: BZ7225 Version 4.7.6 Start Time: 06/28/2023 11:45:06 End Time: 06/28/2023 11:55:06 Elapsed Time: 00:10:00 Bandwidth: 1/3-octave Max Input Level: 142.15 Time Frequency Broadband excl. Peak): FSI AC Broadband Peak: C Spectrum: FS Z Instrument Serial Number: 3011133 Microphone Serial Number: 3086765 Input: Top Socket Windscreen Correction: UA-1650 Sound Field Correction: Free -field Calibration Time: 06/28/2023 08:19:46 Calibration Type: External reference Sensitivity: 43.4715375304222 mV/Pa VCS_003 Start time End time Elapsed time Overload % LAeq dB LAFinax dB LAFmin dB Value 0.00 51.1 79.6 41.1 Time 11:45:06 AM 11:55:06 AM 0:10:00 Date 06/28/2023 06/28/2023 City Council 26 — 492 1/16/2024 VCS_003 % Based on LAF , 10ms Class width: 0.2 dB 06/28/2023 11:45:06 AM - 11:55:06 AM 100 90 80 70 60 50 40 30 20 10 0 1 L 1 �I 1 4I I� �I LILLILIIL Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.0% L1 = 59.2 dB L5 = 53.7 dB L10 = 51.2 dB L50 = 45.6 dB L90 = 43.2 dB L95 = 42.7 dB L99 = 41.9 dB dB City Council 26 — 493 1/16/2024 VCS_003 dB 140 120 — — — — — — — — — — — — — — — — — — — 100 80 60 40 — — — — — — — — — — — — — — — — — 20 11:46:00 AM 11:48:00 AM 11:50:00 AM 11:52:00 AM 11:54:00 AM LAleq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:50:05 AM - 11:50:06 AM LAleq=48.2 dB LAFinax=48.3 dB LCpeak=68.4 dB LAFmin=47.6 dB VCS_003 Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 48.2 48.3 47.6 Time 11:50:05 AM 0:00:01 Date 06/28/2023 City Council 26 — 494 1/16/2024 dB 06/28/2023 11:50:05 AM - 11:50:06 AM 140 120 100 80 60 40 20 0 12.50 31.50 _ LZeq Cursor: (A) Leq=47.9 dB VGS_003 63 125 250 500 1000 2000 4000 8000 16000 A C Hz VCS_003 Periodic reports dB 140 120 100 + 80 60 40 20 11:50:00 AM 12:00:00 PM 12:10:00 PM 12:20:00 PM 12:30:00 PM 12:40:00 PM LAIeq LAFinax LCpeak LAFmin Cursor: 06/28/2023 11:45:06 AM - 12:45:06 PM LAIeq=58.6 dB LAFinax=79.6 dB LCpeak=90.1 dB LAFmin=41.1 dB City Council 26 — 495 1/16/2024 VCS_003 Periodic reports Start time Elapsed time Overload % LAleq dB LAFinax dB LAFmin dB Value 0.00 58.6 79.6 41.1 Time 11:45:06 AM 0:10:00 Date 06/28/2023 City Council 26 — 496 1/16/2024 V c E VCS_003 Periodic reports �RSPd nn I AF 1 nms Class width. n 9 riR nR/9A19n93 11.AS-nR AM _ 11.5.ri•nr, AM fi l + + 1 4- 1-� 1 1 4- 1 � 4- I 9n in 4n fin Fn 7n An an inn iin 19n 1sn 1 Level Cumulative Cursor: [78.2 ; 78.4[dB Level: 0.0% Cumulative: 0.0% L1 = 59.2 dB L5 = 53.7 dB L10 = 51.2 dB L50 = 45.6 dB L90 = 43.2 dB L95 = 42.7 dB L99 = 41.9 dB dB City Council 26 — 497 1/16/2024 Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 ATTACHMENT C TRIP GENERATION MEMO City Council 26 — 498 1/16/2024 URBAN I CROSSROADS DATE: July 24, 2023 TO: Ingrid Canedo, Red Hook Capital Partners FROM: Jose Alire/Robert Vu, Urban Crossroads, Inc. JOB NO: 14724D-02 TG Memo VISTA HERITAGE GLOBAL ACADEMY EXPANSION TRIP GENERATION ASSESSMENT Urban Crossroads, Inc. is pleased to provide the following Trip Generation Assessment for the Vista Heritage Global Academy Expansion development (Project), which is located at 601 North Fairview Street in the City of Santa Ana. The purpose of this assessment is to describe the proposed Project trip generation and provide a comparison to the existing building zoned as Light Manufacturing (M1). EXHIBIT A: PRELIMINARY SITE PLAN Council 26 — 499 1/16/2024 Ingrid Canedo, Red Hook Capital Partners July 24, 2023 Page 2 of 3 PROPOSED PROJECT The Project site currently contains an existing 5,837 square -foot industrial building that will be converted into an administrative office building. A 12,186 SF building was demolished and redeveloped into parking spaces as part of the expansion. In addition, the applicant is proposing to improve the site with 17,497 square feet of student outdoor spaces, on -site parking, and landscaping. Vista Heritage Global Academy is not increasing the maximum number of students with this expansion. TRIP GENERATION Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. In order to develop the traffic characteristics of the existing land use and the proposed Project, trip -generation statistics published in the ITE Trip Generation Manual (11 th Edition) were used. EXISTING USE As noted previously, the site is designated as Light Manufacturing (M1) and is currently developed with a 5,837 square foot industrial building on -site. The trip generation for the existing use is summarized in Table 1. As shown in Table 1, the existing industrial building generates a total of 28 two-way trips per day with 4 AM peak hour trips and 4 PM peak hour trips. Land Use Manufacturing Land Use Manufacturing TABLE 1: EXISTING USE TRIP GENERATION ITE z AM Peak Hour PM Peak Hour Units Daily LU Code In Out Total In Out Total 140 TSF 0.52 0.16 0.68 0.23 0.51 0.74 4.75 AM Peak Hour PM Peak Hour Daily Quantity UnitS2 In Out Total In Out Total 5.837 TSF 3 1 4 1 3 4 28 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. Z TSF = thousand square feet PROPOSED PROJECT The proposed Project includes the redevelopment of the existing building into a 5,764 school district office building. The trip generation summary illustrating daily, and peak hour trip generation estimates for the proposed Project are also summarized in Table 2. The proposed Project is anticipated to generate 84 two-way trips per day with 14 AM peak hour trips and 12 PM peak hour trips. V ur�r—�OSSROADS 26 — 500 141kA1Aq?4Aerno Ingrid Canedo, Red Hook Capital Partners July 24, 2023 Page 3 of 3 TABLE 2: PROPOSED PROJECT TRIP GENERATION SUMMARY ITE Z AM Peak Hour PM Peak Hour Units Daily Land Use LU Code In Out Total In Out Total School District Office 528 TSF 1.18 1.18 2.36 1.02 1.02 2.04 14.37 AM Peak Hour PM Peak Hour Daily Land Use Quantity UnitS2 In Out Total In Out Total School District Office 5.837 TSF 7 7 14 6 6 12 84 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition. Z TSF = thousand square feet TRIP GENERATION COMPARISON Table 3 compares the trip generation of the proposed Project to the existing use (currently adopted). The resulting net change in trips is also identified in Table 3 and has been calculated by subtracting the existing use from the proposed Project. As shown, the Project is anticipated to generate a net increase of 56 two-way trips per day, 10 more AM peak hour trips, and 8 more PM peak hour trips as compared to the existing use. TABLE 3: TRIP GENERATION COMPARISON AM Peak Hour PM Peak Hour Land Use In Out Total In Out Total Daily Existing Use 3 1 4 1 3 4 28 Proposed Project 7 7 14 6 6 12 84 Net Change (Proposed - Existing) 4 6 10 5 3 8 56 FINDINGS The development of the proposed Project (school district office) is anticipated to generate more trips than the existing (currently approved) industrial use. The net increase in trip generation and total trips generated are below 50 peak hour trips. As such, additional traffic analysis beyond this trip generation assessment does not appear to be necessary as the effects on transportation operations (level of service) are not significant. If you have any questions or comments, I can be reached at rvu@urbanxroads.com. Respectfully submitted, URBAN CROSSROADS, INC. 1 Jose Alire, P.E. Senior Traffic Engineer Robert Vu, P.E. Transportation Engineer V ur�r—�OSSROADS 26 — 501 141kA1Aq?4Aerno Exhibit 8 - Community Meeting Documents M �' kx uan FY .` E kd March 10, 2023 Ms. Fernanda Arias Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA. 92702 RE: Submittal of March 6, 2023, Sunshine Meeting documents —Vista Charter Public Schools Dear Ms. Arias, On behalf of Vista Charter Public Schools and Red Hook Capital Partners, please find the enclosed materials required by the Sunshine Ordinance for the March 6, 2023 meeting for the Vista Charter Public Schools proposed zone change (amendment application) and amendments to the SD-82 zoning district at 601 N. Fairview Street. The following material are provided for your use: 1. Community meeting notice (English and Spanish) 2. List of property owners within 1000 feet of the site 3. List of occupants within 1000 feet of the site 4. The 1000-foot notification radius map 5. Proof of publication in the local newspaper 6. Meeting agenda 7. Sign -in sheet 8. Copy of the PowerPoint presentation for the meeting 9. Meeting minutes/Questions and answers This letter confirms, under penalty of perjury, that the required meeting, notifications and materials were prepared and distributed in accordance with the Sunshine Ordinance of the City of Santa Ana. Respectfully, vullL_�_1 C! Vince Fregoso The Fregoso Group On behalf of Vista Charter Public Schools City Council 26 — 502 1/16/2024 SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE You are invited to attend a Community Meeting for the project described below: Subject: Amend the zoning of the northwest parcel from industrial to Specific Development No. 82 (SD-82) to be consistent with the majority of the parcel and to amend the Operational Standards of the SD-82 zoning to allow outdoor recreation areas. Spanish language translators will be available during the meeting. Location: 2609 West Fifth Street (Vista Heritage Bay 3 Cafeteria) Meeting Date: Monday, March 6, 2023 Meeting Time: 5:30 pm to 6:30 pm Meeting Location: Vista Heritage Bay 3 Cafeteria 2609 West Fifth Street Notification A Project Site: Meeting Site: For more information, contact Vince Fregoso at 714-904-4506 or Ingrid Canedo at 818-309-3664 City Council 26 — 503 1/16/2024 SUNSHINE ORDINANCE AVISO DE REUNION COMUNITARIA Esta invitado en asistir a una reunion comunitaria al trato del proyecto de desarrollo descrito en adelante: Prop6sito: Enmendar la zonificaci6n industrial de la propiedad ubicada en la parte noroeste de la escuela. El emendar la zonificaci6n Nu. 82 (SD-82) para que coincida con la parte mayoria del terreno junto, que viene siendo la escuela. La modificaci6n tambien agregara terminos generales a la zona SD-82 para incluir actividades fisicas al aire libre. Traductores en lenguaje espanol estardn presentes durante la reuni6n. Ubicaci6n: 2609 West Fifth Street (la cafeteria de bay 3 de Vista Heritage School) Fecha de reuni6n: Lunes, 6 de Marzo de 2023 Hora de reuni6n: 5:30 p. m. a 6:30 p. m. Lugar de reuni6n: La cafeteria de bay 3 de Vista Heritage School 2609 West Fifth Street Notification A Project Site: Meeting Site: Para m6s informaci6n, comuniquese con Vince Fregoso al 714-904-4506 o Ingrid Canedo al 818-309-3664 City Council 26 — 504 1/16/2024 #1 !, 004-152-01 !US MAPS 4 LESS ARMANDO & JOSEFINA E ESPARZA 2222 W 10TH ST �v�vr�.ratJirisntaps4less.cai�t ( (909) 997-9357 SANTA ANA CA 92703 ORDER NO: 2023-26 DATE:02109/2023 #3 004-152-10 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #6 004-152-13 ESTHER AVALOS MAFFEY 2225 W 9TH ST SANTA ANA CA 92703 #9 004-153-02 ESTELA LORA GUERRERO 2230 W 9TH ST SANTA ANA CA 92703 #12 004-153-05 REBECCA P CAMPOS 2218 W 9TH ST SANTA ANA CA 92703 #15 004-153-08 LONG TRAN 2206 W 9TH ST SANTA ANA CA 92703 #18 004-153-11 RODOLFO & STELLA LICERIO 2141 W CIVIC CENTER DR SANTA ANA CA 92703 #21 004-153-14 IGNACIO D GONZALES 2205 CIVIC CENTER DR WEST SANTA ANA CA 92703 #24 004-153-18 MASTAN INC 811 N FAIRVIEW ST SANTA ANA CA 92703 #27 004-183-02 CARLOS H PEREGRINA 2130 W 9TH ST SANTA ANA CA 92703 #4 004-152-11 HOLLY NHIHA LE 2217 W 9TH ST SANTA ANA CA 92703 #7 004-152-14 CANDIDA G OLIVAS 2229 W 9TH ST SANTA ANA CA 92703 #10 004-153-03 STEVEN HUU & TAMMY CHANH NGUYEN 6945 ALTAIR CT CORONA CA 92880 #13 004-153-06 TEODULO MONTIEL ADAME 2214 W 9TH ST SANTA ANA CA 92703 #16 004-153-09 DANIEL PEREZ & JILL E AVILA 2202 W 9TH ST SANTA ANA CA 92703 #19 004-153-12 NGOC TRAN 2145 W CIVIC CENTER DR SANTA ANA CA 92703 #22 004-153-16 SOUTHLAND HOMES REAL ESTATE & INVESTMENT 10448 SALINAS RIVER CIR FOUNTAIN VALLEY CA 92708 #25 004-153-20 EDELIRA MORENO 2209 W CIVIC CENTER DR SANTA ANA CA 92703 #28 004-183-03 VICTORIA FLORES RODRIGUEZ 2126 W 9TH ST SANTA ANA CA 92703 #2 004-152-09 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #5 004-152-12 ERIC R LOPEZ 2221 W 9TH ST SANTA ANA CA 92703 #8 004-153-01 WINSTON HUYNH 2234 W 9TH ST SANTA ANA CA 92703 #11 004-153-04 DIOSFORO & MARIA E SERNA 2222 W 9TH ST SANTA ANA CA 92703 #14 004-153-07 ANTONIO RODRIGUEZTRUJILLO 2210 W 9TH ST SANTA ANA CA 92703 #17 004-153-10 RICARDO H & ANA L HARO 2137 CIVIC CENTER DR WEST SANTA ANA CA 92703 #20 004-153-13 ANDY 0 MUNOZ 2019 VALENCIA ST SANTA ANA CA 92706 #23 004-153-17 JUAN 0 & CAROLYN E MEDRANO 2221 W CIVIC CENTER DR SANTA ANA CA 92703 #26 004-183-01 SERG10 MORE NO JUAREZ 2134 W 9TH ST SANTA ANA CA 92703 #29 004-183-15 ANDREW JONATHAN & DIANA ROSE MUNOZ 2129 W CIVIC CENTER DR SANTA ANA CA 92703 City Council 26 — 505 1/16/2024 #30 #31 #32 004-183-16 004-183-17 004-183-22 DAVID NGUYEN MICHAEL B MATTINGLEY HERIBERTO & MARIA MERCADO 3361 RURAL CIR 4006 CALLE MARLENA 2121 CIVIC CENTER DR CORONA CA 92882 SAN CLEMENTE CA 92672 SANTA ANA CA 92703 #33 #34 #35 004-183-24 007-021-02 007-021-03 REYNALDO & ZOILA VERGARA TUAN HOANG NGUYEN ARTURO F DURAZO 2125 CIVIC CTR 7662 LEHIEN PL 2321 6TH ST SANTA ANA CA 92703 WESTMINSTER CA 92683 SANTA ANA CA 92703 #36 #37 #38 007-021-04 007-021-05 007-021-06 NESTOR ALEJANDRES GEORGE B COBARRUVIA 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007-022-19 007-022-20 007-022-21 JAKE J YOON FRANCISCO JAVIER PERAZA LA RIVA ROSIE V DE 2301 5TH ST 2414 6TH ST 2418 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #54 #55 #56 007-022-23 007-022-24 007-022-25 AVA ENTERPRISES MICHAEL A MADZOEFF MICHAEL A MADZOEFF 2831 1ST ST 211 MARIGOLD AVE 211 MARIGOLD AVE SANTA ANA CA 92703 CORONA DEL MAR CA 92625 CORONA DEL MAR CA 92625 #57 #58 #59 007-022-26 007-022-29 007-022-30 ORANGE COUNTY TRANSIT RICK D KAGASOFF JAKE J YOON PO BOX 14184 2023 HELIOTROPE 2301 5TH ST ORANGE CA 92863 SANTA ANA CA 92706 SANTA ANA CA 92703 City Council 26 — 506 1/16/2024 #60 #61 #62 007-022-31 007-022-32 007-022-33 MICHAEL A MAD ZOEFF JAKE J YOON MICHAEL A MAD ZOEFF 211 MARIGOLD AVE 2301 5TH ST 211 MARIGOLD AVE CORONA DEL MAR CA 92625 SANTA ANA CA 92703 CORONA DEL MAR CA 92625 #63 #64 #65 007-110-01 007-120-24 007-120-25 KEVIN OVERGAAUW RICK D KAGASOFF T R KIRWAN 2308 5TH ST 2023 HELIOTROPE 5133 LORELEI AVE SANTA ANA CA 92703 SANTA ANA CA 92706 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SULLIVAN ST SANTA ANA CA 92705 SANTA ANA CA SANTA ANA CA 92703 #81 #82 #83 007-121-09 007-121-10 007-141-04 CYMC LLC RICK D KAGASOFF CHRIS R SOLDAN 2430 CAPE COD WAY 2023 HELIOTROPE DR 7243 CAMBRIA CIR SANTA ANA CA 92703 SANTA ANA CA 92706 ORANGE CA 92869 #84 #85 #86 007-141-11 007-141-24 007-141-26 SPACE PROPERTIES TWO LLC EXTRA PHUC VIETTRAN RICK D KAGASOFF 2795 COTTONWOOD PKWY #400 126 MAXINE ST 2023 HELIOTROPE SALT LAKE CITY UT 84121 SANTA ANA CA 92703 SANTA ANA CA 92706 #87 #88 #89 007-141-29 007-141-31 007-141-35 W& M PROPERTIES W& M PROPERTIES F C B PROPERTIES 1479 MUSTANG AVE 1479 MUSTANG AVE 6138 JAMES ALAN ST ORANGE CA 92869 ORANGE CA 92869 CYPRESS CA 90630 City Council 26 — 507 1/16/2024 #90 #91 #92 007-141-42 007-141-66 007-141-67 CHRIS R SOLDAN MAS LLC YIA ANA MINI STORAGE SANTA 7243 CAMBRIA CIR 16741 GLENHAVEN LN 5901 ENCINA RD C-5 ORANGE CA 92869 HUNTINGTON BEACH CA 92647 GOLETA CA 93117 #93 #94 #95 007-141-76 007-141-77 007-142-01 CHRIS R SOLDAN W & M PROPERTIES GOODWILL INDUSTRIES OF ORANGE COUNTY 7243 CAMBRIA CIR 1479 MUSTANG AVE CA ORANGE CA 92869 ORANGE CA 92869 410 FAIRVIEW ST SANTA ANA CA 92703 #96 #97 #98 007-351-01 007-351-02 007-351-03 MOHAMMAD ARAFEEN QUERASHI MOHAMMAD ARAFEEN QUERASHI MARIA FLORES 6633 PASEO FIESTA DR 6633 PASEO FIESTA DR 2230 CIVIC CENTER DRIVE WEST ANAHEIM HILLS CA 92703 ANAHEIM HILLS CA 92703 SANTA ANA CA 92701 #99 #100 #101 007-351-04 007-351-05 007-351-06 JOHN A MONREAL KENNY QUYEN LIEU EZEQUIEL SEGURA 2226 CIVIC CENTER DR WEST 2222 CIVIC CENTER DR 2218 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #102 #103 #104 007-351-07 007-351-08 007-351-09 RODRIGO SANTIAGO PACHECO REYMUNDO & EVA M DOMINGUEZ JOSE PATINO 2214 CIVIC CENTER DR 2210 CIVIC CENTER DR WEST 2206 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #105 #106 #107 007-351-10 007-351-11 007-351-14 NHUT NGOC NGUYEN RAYMOND M ZAMORA NOE & MIREYA VARGAS 801 COURTNEY 2148 CIVIC CENTER DR WEST 2136 CIVIC CENTER DR FULLERTON CA 92833 SANTA ANA CA 92703 SANTA ANA CA 92703 #108 #109 #110 007-351-15 007-351-16 007-351-19 ANDRES FLORES VI NA PROPERTIES FAUSTO MACHADO 2132 CIVIC CTR 7241 WESTMINSTER BLVD 2116 CIVIC CENTER DR WEST SANTA ANA CA 92703 WESTMINSTER CA 92683 SANTA ANA CA 92703 #111 #112 #113 007-351-24 007-351-26 007-351-28 VENA & JULIE F SCANLAN EPIFANIO GONZALEZ ALEJANDRO GAVINA 2144 CIVIC CENTER DR 2140 CIVIC DR 2124 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #114 #115 #116 007-351-30 007-351-32 007-352-02 CONSTANTINO SALINAS RODRIGUEZ JOSE D ORTIZ CHRISTOPHER A OVIEDO 2120 CIVIC CENTER DRIVE WEST 2112 CIVIC CENTER DR 2105 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #117 #118 #119 007-352-03 007-352-04 007-352-05 ESTEVAN N RAMIREZ ROGELIO SILVA LUIS MELCHOR PENALOZA 2110 7TH ST 2113 7TH ST 2117 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 508 1/16/2024 #120 #121 #122 007-352-06 007-352-07 007-352-08 JARELY MELCHOR HUAN NGUYEN RAUL LOPEZ 2121 7TH ST 2125 7TH ST 2129 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #123 #124 #125 007-352-09 007-352-10 007-352-11 YANLING SUN JAIME MUNOZ SIMONA M PERALES 2133 7TH ST 1730 WASHINGTON 2201 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #126 #127 #129 007-352-12 007-352-13 007-352-14 ROMAN ANTHONY REYNA JOANNA L PETERSON HECTOR MELENDEZ 2205 7TH ST 2533 HESPERIAN ST 2213 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #129 #130 #131 007-352-15 007-352-16 007-352-17 SERGIO GASCA MANRIQUEZ MACXIMILLIANO P CEBALLOS ELVA MENDEZ 2217 7TH ST 2221 17TH ST 2225 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #132 4133 #134 007-352-18 007-352-19 007-352-20 FERNANDO RODRIGUEZ CHAVEZ VICTOR MANUEL PEREZ JOSE V VALDEZ 2229 7TH ST 2233 7TH ST 2237 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #135 #136 #137 007-352-23 007-352-24 007-352-25 THACH JADE HOANG CHUONG MAI JUAN DIAZ 2242 7TH ST 2238 7TH ST 2234 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #138 #139 #140 007-352-26 007-352-27 007-352-28 ROBERT ANTHONY FLORES CATHY L BUENDIA RACHEL CAMACHO 2230 7TH ST 2226 7TH ST 1242 CEDAR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92707 #141 #142 #143 007-352-29 007-352-30 007-352-31 CATALINA & JOSE A ANDRADE JOHNNY C NGUYEN ESTHER C GONZALEZ 2218 7TH ST 2214 7TH ST 2210 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #144 #145 #146 007-352-32 007-352-33 007-352-34 KHIET DO MARGARITA CORTES LILIANA FAUSTO 2206 7TH ST 2202 7TH ST 2138 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #147 #148 #149 007-352-35 007-352-36 007-352-37 BRAD & WENDY PEIKERT BRAD & WENDY PEIKERT ENRIQUE PENA 2130 7TH ST 2130 7TH ST 2126 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 509 1/16/2024 #150 #151 #1S2 007-352-38 007-352-39 007-352-40 ISRAEL VERGARA ALVAREZ ISRAEL & ELEAZER MONTES VERGARA AGUSTIN & MARICELA ANAYA 2122 7TH ST 2118 7TH ST 2114 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #153 007-352-41 ESTEVAN N RAMIREZ 2110 7TH ST SANTA ANA CA 92703 #156 198-151-35 KIM EAR WONG 12636 CASA BONITA PL VICTORVILLE CA 92392 #159 405-211-03 SCHOOL SANTA ANA UNIFIEDDISTRICT 1601 CHESTNUT AVE SANTA ANA CA 92701 #162 405-211-08 ROSA MENDIVIL 1424 LOWELL ST SANTA ANA CA 92706 #165 405-211-11 LUIS B & MARIA D L RODRIGUEZ 2520 9TH ST SANTA ANA CA 92703 #168 405-211-14 DANH C NGUYEN 2606 9TH ST SANTA ANA CA 92703 #171 405-211-17 ALFREDA & PABLO JUAREZ 2618 9TH ST SANTA ANA CA 92703 #174 405-211-20 BERTRAM F RUDOLPH P 0 BOX 2302 CARMEL CA 93921 4177 405-211-36 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #154 007-352-42 EDNA L MEJIA 1238 BAKER ST SANTA ANA CA 92707 #157 405-211-01 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #160 405-211-04 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #163 405-211-09 THAI JENNIFER LOAN 9350 BOLSA AVE SPC 58 WESTMINSTER CA 92683 #166 405-211-12 JUAN JUAREZ HERNANDEZ 2528 9TH ST SANTA ANA CA 92703 #169 405-211-15 MAIRA & NOEL ISRAEL AYALA 1718 TURQUOISE DR CORONA CA 92882 #172 405-211-18 NGUYEN VIETCAO 16576 MT TODD ST FOUNTAIN VALLEY CA 92708 #175 405-211-22 TAI VAN LAM 11460 VIA PLAYA CORTES WAY SAN DIEGO CA 92124 #178 405-212-01 MY TRAN DUE LUU 9509 PRICHARD ST BELLFLOWER CA 90706 #155 007-352-46 MOHAMMAD ARAFEEN QUERASHI 6633 PASEO FIESTA DR ANAHEIM HILLS CA 92703 #158 405-211-02 SCHOOL SANTA ANA UNIFIEDDISTRICT 1405 FRENCH ST SANTA ANA CA 92701 #161 405-211-07 GERALD L HIGDON 12692 BONITA HEIGHTS DR SANTA ANA CA 92705 #164 405-211-10 ORVILLE N ROSEBEARY 16461 VENUS DR WESTMINSTER CA 92683 #167 405-211-13 FELIX CIBRIAN 2534 9TH ST SANTA ANA CA 92703 #170 405-211-16 IRMA OROZCO 11858 MAYFLOWER CIR FOUNTAIN VALLEY CA 92708 #173 405-211-19 RODOLFO MUNOZ 2624 9TH ST SANTA ANA CA 92703 #176 405-211-23 SOUTHLAND HOMES REAL 10448 SALINAS RIVER CI FOUNTAIN VALLEY CA 92708 #179 405-212-02 GUADALUPE OLEA 933 FAIR WAY SANTA ANA CA 92703 City Council 26 — 510 1/16/2024 #180 #181 405-212-09 405-212-10 MARCELINO & EUSTOLIAJUAREZ TENTH DO 924 MARENGO PL 422 MAXINE ST SANTA ANA CA 92703 SANTA ANA CA 92704 #183 #184 405-213-01 405-213-02 DENISE LE DENISE LE 1002 FAIRVIEW ST 1002 FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 #186 #187 405-213-05 405-213-06 CUAUHTEMOC FERNANDEZ RAYMOND C C YANG 25219TH ST 2628 DEEGAN DR SANTA ANA CA 92703 SANTA ANA CA 92704 #189 #190 405-213-14 405-221-01 OF SANTA ANA CITY SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 20 CIVIC CENTER PLAZA M-30 1405 FRENCH ST SANTA ANA CA 92701 SANTA ANA CA 92701 #192 #193 405-221-03 405-221-05 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE ORANGE COUNTY TRANSIT 1405 FRENCH ST P 0 BOX 3005 SANTA ANA CA 92701 GARDEN GROVE CA 92840 #195 405-241-01 PARCEL HOLD #198 405-241-03 KITCHENS QOZB FAIRVIEW 402 OCEAN VIEW AVE ENCINITAS CA 92024 #201 939-45-057 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 4204 939-45-059 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #207 939-45-060 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #196 405-241-01 PARCEL HOLD #199 405-241-04 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #202 939-45-058 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #205 939-45-059 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #208 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #182 405-212-11 MANUEL GARCIA RIZO 2607 9TH ST SANTA ANA CA 92703 #185 405-213-04 JORGE G FRUTOS 2517 9TH ST SANTA ANA CA 92703 #188 405-213-07 DIANA MELINA VALENZUELA PEREZ 927 MARENGO PL SANTA ANA CA 92703 #191 405-221-02 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #194 405-221-07 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #197 405-241-02 ORANGE COUNTY TRANSIT P 0 BOX 3005 GARDEN GROVE CA 92840 #200 939-45-057 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #203 939-45-058 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #206 939-45-060 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #209 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 City Council 26 — 511 1/16/2024 #210 #211 #212 939-45-062 939-45-062 939-45-063 2609 W 5TH STREET 2609 W 5TH STREET GENERATION TILE & MARBLE NEW 2900 TEMPLE ST 2900 TEMPLE ST 563 FAIRVIEW ST LOS ANGELES CA 90026 LOS ANGELES CA 90026 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 GENERATION TILE & MARBLE NEW WILBERT MARRUFO WILBERT MARRUFO 563 FAIRVIEW ST 559 FAIRVIEW ST 559 FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 939-45-066 WILBERT MARRUFO WILBERT MARRUFO DHANANJAYA N MHASKAR 555 FAIRVIEW ST 555 FAIRVIEW ST 3972 BARRANCA PKWY J158 SANTA ANA CA 92703 SANTA ANA CA 92703 IRVINE CA 92606 #219 #220 #221 939-45-066 939-45-067 939-45-067 DHANANJAYA N MHASKAR SCOTTY LEE SCOTTY LEE 3972 BARRANCA PKWY J158 13791 DIEPPE CIR 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BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 City Council 26 — 512 1/16/2024 #1 #2 #3 004-152-01 004-152-09 004-152-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W 10TH ST 2209 W 9TH ST 2213 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #4 #5 #6 004-152-11 004-152-12 004-152-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W 9TH ST 2221 W 9TH ST 2225 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #7 #8 #9 004-152-14 004-153-01 004-153-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2229 W 9TH ST 2234 W 9TH ST 2230 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #10 #11 #12 004-153-03 004-153-04 004-153-05 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 9TH ST 2222 W 9TH ST 2218 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #13 #14 #15 004-153-06 004-153-07 004-153-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 9TH ST 2210 W 9TH ST 2206 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #16 #17 #18 004-153-09 004-153-10 004-153-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 9TH ST 2137 W CIVIC CENTER DR 2141 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #19 #20 #21 004-153-12 004-153-13 004-153-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2145 W CIVIC CENTER DR 2201 W CIVIC CENTER DR 2205 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #22 #23 #24 004-153-16 004-153-17 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W CIVIC CENTER DR 2221 W CIVIC CENTER DR 809 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #24 #24 #24 004-153-18 004-153-18 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 811 N FAIRVIEW ST 813 N FAIRVIEW ST 815 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #25 #26 #27 004-153-20 004-183-01 004-183-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W CIVIC CENTER DR 2134 W 9TH ST 2130 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 513 1/16/2024 #28 #29 #30 004-183-03 004-193-15 004-183-16 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2126 W 9TH ST 2129 W CIVIC CENTER DR 2133 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #31 #32 #33 004-183-17 004-183-22 004-183-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2119 W CIVIC CENTER OR 2121 W CIVIC CENTER DR 2125 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #34 #35 #36 007-021-02 007-021-03 007-021-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 6TH ST 2321 W 6TH ST 2317 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #37 #38 #39 007-021-05 007-021-06 007-021-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2309 W 6TH ST 2307 W 6TH ST 2339 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #40 #41 #42 007-021-10 007-021-14 007-022-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2331 W 6TH ST 2333 W 6TH ST 2430 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #43 #44 #45 007-022-04 007-022-05 007-022-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2334 W 6TH ST 2328 W 6TH ST 2324 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #46 #47 #48 007-022-07 007-022-09 007-022-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2318 W 6TH ST 2304 W 6TH ST 2424 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #49 #50 #51 007-022-16 007-022-17 007-022-19 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 5TH ST 2317 W 5TH ST 2310 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #52 #53 #54 007-022-20 007-022-21 007-022-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2414 W 6TH ST 2418 W 6TH ST 2338 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #55 #56 #57 007-022-24 007-022-25 007-022-26 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2329 W 5TH ST SANTA ANA CA 92703 City Council 26 — 514 1/16/2024 #58 #59 #60 007-022-29 007-022-30 007-022-31 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2415 W 5TH ST 2301 W 5TH ST 2314 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #61 #62 #63 007-022-32 007-022-33 007-110-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2301 W 5TH ST 2315 W 5TH ST 2308 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #64 #65 #66 007-120-24 007-120-25 007-120-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2400 W 5TH ST 2401 CAPE COD WAY Al2 2350 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #67 #68 #69 007-120-27 007-120-28 007-120-43 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2351 CAPE COD WAY 2330 W 5TH ST 2341 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #70 #71 #72 007-120-44 007-120-46 007-120-48 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2331 CAPE COD WAY 2321 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 #73 #74 #75 007-121-01 007-121-02 007-121-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2430 W 5TH ST 2410 W 5TH ST 411 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #76 #77 #78 007-121-04 007-121-05 007-121-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 410 NANTUCKET PL 401 N SULLIVAN ST 400 NANTUCKET PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #79 #80 #81 007-121-07 007-121-08 007-121-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 321 N SULLIVAN ST 301 N SULLIVAN ST 2430 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #82 #83 #84 007-121-10 007-141-04 007-141-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2420 CAPE COD WAY 302 N SULLIVAN ST 2602 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #85 #86 #87 007-141-24 007-141-26 007-141-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2520 W 5TH ST 2518 W 5TH ST 408 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 515 1/16/2024 #88 #89 #90 007-141-31 007-141-35 007-141-42 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 406 N SULLIVAN ST 412 N SULLIVAN ST 402 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #91 #92 #93 007-141-66 007-141-67 007-141-76 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 419 N FAIRVIEW ST 401 N FAIRVIEW ST 308 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #94 #95 #96 007-141-77 007-142-01 007-351-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 404 N SULLIVAN ST 404 N FAIRVIEW ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #97 #98 #99 007-351-02 007-351-03 007-351-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 711 N FAIRVIEW ST 2230 W CIVIC CENTER DR 2226 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #100 #101 #102 007-351-05 007-351-06 007-351-07 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W CIVIC CENTER DR 2218 W CIVIC CENTER DR 2214 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #103 #104 #105 007-351-08 007-351-09 007-351-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2210 W CIVIC CENTER DR 2206 W CIVIC CENTER DR 2202 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #106 #107 #108 007-351-11 007-351-14 007-351-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2148 W CIVIC CENTER DR 2136 W CIVIC CENTER DR 2132 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #109 #110 #111 007-351-16 007-351-19 007-351-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2128 W CIVIC CENTER DR 2116 W CIVIC CENTER DR 2144 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #112 #113 #114 007-351-26 007-351-28 007-351-30 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2140 W CIVIC CENTER DR 2124 W CIVIC CENTER DR 2120 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #115 #116 #117 007-351-32 007-352-02 007-352-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2112 W CIVIC CENTER DR 2105 W 7TH ST 2109 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 516 1/16/2024 #118 #119 #120 007-352-04 007-352-05 007-352-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2113 W 7TH ST 2117 W 7TH ST 2121 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #121 #122 #123 007-352-07 007-352-08 007-352-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2125 W 7TH ST 2129 W 7TH ST 2133 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #124 #125 #126 007-352-10 007-352-11 007-352-12 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2137 W 7TH ST 2201 W 7TH ST 2205 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #127 #128 #129 007-352-13 007-352-14 007-352-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W 7TH ST 2213 W 7TH ST 2217 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #130 4131 #132 007-352-16 007-352-17 007-352-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2221 W 7TH ST 2225 W 7TH ST 2229 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #133 #134 #135 007-352-19 007-352-20 007-352-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2233 W 7TH ST 2237 W 7TH ST 2242 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #136 #137 #138 007-352-24 007-352-25 007-352-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2238 W 7TH ST 2234 W 7TH ST 2230 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #139 #140 #141 007-352-27 007-352-28 007-352-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 7TH ST 2222 W 7TH ST 2218 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #142 #143 #144 007-352-30 007-352-31 007-352-32 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 7TH ST 2210 W 7TH ST 2206 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #145 #146 #147 007-352-33 007-352-34 007-352-35 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 7TH ST 2138 W 7TH ST 2134 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 517 1/16/2024 #148 #149 #150 007-352-36 007-352-37 007-352-38 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2130 W 7TH ST 2126 W 7TH ST 2122 W 7TH ST SANTA ANA CA 92703 SANTA ANA £A 92703 SANTA ANA CA 92703 #151 #152 #153 007-352-39 007-352-40 007-352-41 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2118 W 7TH ST 2114 W 7TH ST 2110 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #154 #155 #156 007-352-42 007-352-46 198-151-35 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2106 W 7TH ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 #157 #158 #159 405-211-01 405-211-02 405-211-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 730 N FAIRVIEW ST 750 N FAIRVIEW ST 720 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #160 #161 #162 405-211-04 405-211-07 405-211-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 804 N FAIRVIEW ST 2502 W 9TH ST 2506 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #163 #164 #165 405-211-09 405-211-10 405-211-11 CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 2510 W 9TH ST 2520 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #166 #167 #168 405-211-12 405-211-13 405-211-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2526 W 9TH ST 2534 W 9TH ST 2604 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #169 #170 #171 405-211-15 405-211-16 405-211-17 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2608 W 9TH ST 2612 W 9TH ST 2616 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #172 #173 #174 405-211-18 405-211-19 405-211-20 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2620 W 9TH ST 2624 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #175 #176 #177 405-211-22 405-211-23 405-211-36 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 916 FAIRWAY 920 FAIRWAY SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 518 1/16/2024 #178 #179 #180 405-212-01 405-212-02 405-212-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2611 W 9TH ST 933 FAIRWAY 924 MARENGO PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #181 #182 #183 405-212-10 405-212-11 405-213-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2535 W 9TH ST 2605 W 9TH ST 1002 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #184 #185 #186 405-213-02 405-213-04 405-213-05 NO CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2517 W 9TH ST 2521 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #187 #188 4189 405-213-06 405-213-07 405-213-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 923 MARENGO PL 927 MARENGO PL 2507 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #190 #191 #192 405-221-01 405-221-02 405-221-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT NO CURRENT OCCUPANT #193 #194 #195 405-221-05 405-221-07 405-241-01 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2701 W 5TH ST SANTA ANA CA 92703 #196 #197 #19$ 405-241-01 405-241-02 405-241-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 501 N FAIRVIEW ST SANTA ANA CA 92703 #199 #199 #199 405-241-04 405-241-04 405-241-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 601 N FAIRVIEW ST 651 N FAIRVIEW ST 633 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #199 #199 #200 405-241-04 405-241-04 939-45-057 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 643 N FAIRVIEW ST 615 N FAIRVIEW ST 2519 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #201 #202 4203 939-45-057 939-45-058 939-45-058 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W STH ST 2511 W 5TH ST 2511 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 519 1/16/2024 #204 #205 #206 939-45-059 939-45-059 939-45-060 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2501 W 5TH ST 2501 W 5TH ST 2617 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #207 #208 #209 939-45-060 939-45-061 939-45-061 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2617 W 5TH ST 2609 W 5TH ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #210 #211 #212 939-45-062 939-45-062 939-45-063 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2601 W 5TH ST 2601 W 5TH ST 563 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 563 N FAIRVIEW ST 559 N FAIRVIEW ST 559 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 939-45-066 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 555 N FAIRVIEW ST 555 N FAIRVIEW ST 551 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #219 #220 #221 939-45-066 939-45-067 939-45-067 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 551 N FAIRVIEW ST 547 N FAIRVIEW ST 547 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 539 N FAIRVIEW ST 539 N FAIRVIEW ST 531 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #225 #226 #227 939-45-069 939-45-070 939-45-070 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 531 N FAIRVIEW ST 527 N FAIRVIEW ST 527 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #228 #229 #230 939-45-071 939-45-071 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 523 N FAIRVIEW ST 523 N FAIRVIEW ST 2501 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #230 #231 #231 939-45-072 939-45-072 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH ST 519 N FAIRVIEW ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 520 1/16/2024 #231 939-45-072 CURRENT OCCUPANT 523 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 563 N FAIRVIEW ST SANTA ANA CA 92703 #234 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 547 N FAIRVIEW ST SANTA ANA CA 92703 #232 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 #235 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 555 N FAIRVIEW ST SANTA ANA CA 92703 #233 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 City Council 26 — 521 1/16/2024 RADIUS MAP 1000' SUBJECT PROPERTY ADDRESS: 601 N. FAIRVIEW AVE., SANTAANA, CA92703 APN : 405-241-04 u 95 H H CO I Map Date: 2/9/2023 Graphic Data Source Orange County Geographic Information System Base Parcel Database (Derived from APN Maps) Coordinate System: NAD 1983 StatePlane California V FIPS O405 Feet Datum: North American 1983 ' / W 10TH ST Legend jV/ © ® Subject Property 1000' Radius Mailing Lisl W 9TH 2d 2� 9 U 11 12 13 14 95 16 2$ 27 4`28 22 25 21 27} 19 1$ 17 ;� f` S6 97 9s 134 155 135 136 147 W CIVIC CENTER DR W 7TH ST Latest equalized assessment rolls obtained from the Orange ORDER NO. 2023-26 County Assessor's Office through ParcelQuest, a vendor service on 2/9/2023 1 US MAPS 4 LESS MiNING + Ft•K44FERING 0 250 500 1,000 www,radlusolaps41ess.corn ! (909)997.9357 N City Council 26 — 522 1/16/2024 ORANGE COUNTY REPORTER SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Ingrid Canedo VISTA HERITAGE GLOBAL ACADEMY 2609 W. 5TH STREET SANTA ANA, CA 92703 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description Vista Sunshine Meeting Notice 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): 02/24/2023 An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. 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) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 uaii�iwiuiu OR# 3674151 26 — 523 1 /16/2024 AGENDA SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE Monday, March 6, 2023 1. Welcome & Overview: Collin Felch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies 2. Vista Heritage Global Academies Santa Ana Project Details: Team: Don Wilson, Don Wilson, Ed.D., Superintendent, Vista Heritage Global Academies & Collin Felch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies • Introduction to the Vista Organization • Purpose of District office Space • Purpose of Outdoor Site improvements • Why Santa Ana • Benefits on converting what was on parcel previously into what it can/will be & how does that benefit the community? 3. Land Use Team • Site Overview & Zoning: Vince Fergoso, Principal, The Fergoso Group • Lot Size • Current Zone & use • Proposed Zone Amendments: • Proposed Use • Requested Application • Next Steps & Where we are at 4. Architecture Team —Tony Pacheco -Taylor, AIA, LEED® AP, Studio W Architects, • Building Gross ftz • Exterior architectural Improvements • Site Accessibility modifications • Interior spaces • Interior Upgrades created during improvements • Architectural features • Overall site and structural improvements summary 5. Transportation Engineer & Robert Uv, Traffic Engineer, Urban Xroods 0 Previous Pick up and Drop off & Revised Pick up and Drop Off City Council 26 — 524 1/16/2024 SUNSHINE ORDINANCE SIGN IN SHEET Monday, March 6, 2023 NAME EMAIL PHONE iF. ck, ILA L 4h -V-taq urw WA& • n- 7 -7 o 0 C", City Council 26-525 1/16/2024 Vista Charter Public Schools District Office & Outdoor Space Coming 2024 u City Council 26 — 526 1/16/2024 Who we are: • Vista Charter Public Schools operates 6 free public charter schools in Los Angeles and Orange County serving a total of 1,500 students. C COY City Council 26 - 527 Purpose of District office Space: • Vista Charter Public Schools Headquarters • Host Monthly Board Meetings 1 /16/2024 Location: • 68% of VCPS student enrollment is currently in Orange County 5 ' I ST Vista District Office ACADEMY s CARVER ELEMENTARY SCHOOL ' GARFIELD ELEMENTARY SCHOOL � STREETCAR ROUTE MAINTENANCE AND 749 • STOP STORAGE F ACILITY(MSF) ONE-WAVTPAVEL ri • WILLOWICK: POTENTIAL FUTURE STOP dPh0WPutil6 $V•wtosancle 0 IANTATRANS ANA CIVIC CENTER DISTRICT TRANSPORTATION CENTER ORTATIREGIONALEN STATION DISTRICT LOSSAN RAIL CORRIDOR Cit TRICT & 26 — 528 Organizational Hub: • Auto shop acquisition created an opportunity to have a district office located next to our largest school. West Santa Ana Branch Transit Corridor 1 /16/2024 COMMUNITY IMPACT UA LIN , a. " . a Echo Entertaimen . . I '' i 55: 5z ni, CPR w P r i* � t OUTDOOR SITE IMPROVEMENTS 1+75i-'".�''',y""'��f4+,34 +�. � i_ x^ f�'"�,�.•tit ,y,�o�¢ 4�' � 4gd hw ��Ar,�t. r �r `y,' `� F; y�+5 i "R.,`• S+�Y� � Y"- V � t,t^�. n �' f r++.; AW 1 G . 2609 W. 5TH ST. & 601 N. FAIRVIEW PARCEL DIVISION AND PARKING DESIGNATION MAP ---''PARCEL4 E\CLL'SIV UILDIN _ c F1 • PARCEL 4 V. VEHICULAR INGRFSS/FGRFSS 1lI, I I I I I `I !i 3— i k VI•A ISn MPLO SHARED CXY EI PARKINGBUILDING C f7---3 L4i ABI;SINFSS PAPARKING Ei G lllll al'SISE�SS PARK R VISTA GLOBAL B ✓ M AC:ADEMIFS i _PARCEL 2 TE�PFo N — I U;s i r R — R ;BUILaNc D s — R VLSTAICEMPLO SHARED --� PARKING I - City Council -W16/2024 WEaT FIFTH A TART ENLARGED SITE PLAN • Additional lot to provide support functions (does not increase school capacity) • Provides 72 additional parking spaces/reduces impact to Business Park • Enhances student drop-off/pick-up functions • Encourages commercial use that is consistent with Business Park uses • Requires additional Sunshine Meeting (similar to this meeting) • Requires zone change for automotive parcel and amendment to Operational Standards to allow outdoor play area • Planning Commission review and recommendation • City Council action City Council 26 — 533 1 /16/2024 Ak 19'-4- AWAiSE'r- rm L J 1P rt WEST ELEVATION j 4.�.. -TO P-ARAPET PAINTED METAL CANOPY - KELLY MOORE BLACK - EAST ELEVATION 10.5 tr2OL �C 0' F.F. City Council 26 — 534 1/16/2024 10'-5 1 I .L) CA _ 19'-4" OL T.O. PARAPET 2 _ NVPY 6 3 7 F.F. NORTH ELEVATION SOUTH ELEVATION City Council 26 — 535 1/16/2024 CURRENT ROUTE (E) PAAICNG 3 r Ayy� J EXISTING Hy� BUKEIING 1I7� t (NOT 7N Z e e SCOPEI r g LN) PUBLIC ELFMEATfnRY z C11AflTER SOiOOL EWING e BUILDING iUP a ._ INOT IN -_ SCOPE) ,I.� Di Veh-de Circulation Bus Circulation e' Personal vehicle loading zone Bus loading zone EXISTING BUILDING INOT IN SCOPE) (WI Sth St 02 JA I VISTA HERITAGE CHARTER SCHOOL EXPANSION I TRAFFIC IMPACT ANALYSIS EXISTING - BIALOING INOT IN = SCOPE) _ 103 t PROPOSED ROUTE IN 5TH ST City Council 26 — 536 1/16/2024 CURRENT ROUTE IQ PAAICNG 1 � EIIRTING BUILDING SCOPEI '� (E) WAREHOUSE - Bl11lAING IiDNED SO-07] < j?11 PUBLK ELENiENTAAT ' EXISTING CHARTER SCHOOL � c n e BUIICNC w [Nat M scam v Dl Vehicle Circulation Rus Circulaton — Personal vehicle loading zone B� Bus loading zone EXISTING BUILDING (NOT N SCDPEI -'~ STIEXI NG = auLoING - ENOT IN — SDDPE) (w) sth s� ID3 3A I VISTA HERITAGE CHARTER SCHOOL EXPANSION I TRAFFIC IMPACT ANALYSIS PROPOSED ROUTE \ \ \ \ (E) BOLLARDS. TYP. DROP OFF REF:BIA5.1 SITE PLAN -TURN AROUND ANALYSIS 1"=20'-0" 1 v 72'-2' J City Council 26 — 537 1/16/2024 �III!'iiiliilliiill II IIII I I Il I diillllllllllllllllllll��iin��, 1 THANK Y City Council Vista Charter Public Schools Sunshine Ordinance Meeting Notes -- March 6, 2023 Q: Where will the outside play area be located? A Where the parking lot directly behind the building is currently located. Q: How big is the play area? A: Unsure. We will check and follow-up. Q: Will the play area affect the flow of traffic? A: No plans to impact the existing traffic flows. The Fairview Avenue curb cut will be used by the new office tenant. Q: Where is the playground located on the master site plan? A: Playground area was pointed out on the map. Q: Why is the zoning being changed? A: To allow an office use that is 100 percent office - the current M-1 zoning does not allow a building that is 100 percent office. Also, we are proposing to amend the operational standards and allow an outdoor play area (currently prohibited). Q: What fencing is proposed? A: Fencing to secure the outdoor play area and outdoor learning area will be installed (fencing identified on the site p(an) Q: Concerns with trucks (up to 50 feet in length) being able to turn west to Fairview Street with the change in circulation A: Will look at ways to accommodate truck traffic City Council 26 — 539 1/16/2024 Q: Concerns that the project may impact and/or violate existing CC&R's A: Both the school and the association will separately look at the CC&Rs for any impacts to the document. Q: Will fencing separate the children's play area from vehicular traffic? A: Yes Q: Concerns with the safety of students and existing pinch points at the south and west ends of the parking lot adjacent to the school and industrial building. A: Traffic engineer to review pinch points and identify potential solutions Q: Project needs to consider potential parking violations by Templo Calvario A: Will work with the City to identify any potential violations of existing entitlements Q: What is the timing of the project? A: School would like to have all improvements completed by beginning of 2024 school year Q: Why outside playground now when original approval had indoor play area only? A: Will provide response at Eater date City Council 26 — 540 1/16/2024 THE FREGOSO GROUP May 31, 2023 Ms. Fernanda Arias Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA. 92702 RE: Submittal of May 15, 2023, Second Sunshine Meeting documents — Vista Charter Public Schools Dear Ms. Arias, On behalf of Vista Charter Public Schools and Red Hook Capital Partners, please find the enclosed materials required by the Sunshine Ordinance for the May 15, 2023 second Sunshine Meeting for the Vista Charter Public Schools proposed zone change (amendment application) and amendments to the SD-82 zoning district at 601 N. Fairview Street. The following material are provided for your use: 1. Community meeting notice (English and Spanish) 2. List of property owners within 1000 feet of the site 3. List of occupants within 1000 feet of the site 4. The 1000-foot notification radius map S. Proof of publication in the local newspaper 6. Meeting agenda 7. Sign -in sheet 8. Copy of the PowerPoint presentation for the meeting 9. Meeting minutes/Questions and answers This letter confirms, under penalty of perjury, that the required meeting, notifications and materials were prepared and distributed in accordance with the Sunshine Ordinance of the City of Santa Ana. Respectfully, Vince Fregoso The Fregoso Group On behalf of Vista Charter Public Schools City Council 26 — 541 1/16/2024 SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE You are invited to attend a Community Meeting for the project described below: Subject: Amend the zoning of the northwest parcel from Industrial to Specific Development No. 82 (SD-82) to be consistent with the majority of the parcel and to amend the Operational Standards of the SD-82 zoning to allow outdoor recreation areas. Spanish language translators will be available during the meeting. Location: 2609 West Fifth Street (Vista Heritage Bay 2 Cafeteria) Meeting Date: Monday, May 25, 2023 Meeting Time: 6:30 pm to 7:30 pm Meeting Location: Vista Heritage Bay 3 Cafeteria 2609 West Fifth Street Notification Area: Project Site: Meeting Site: For more Information, contact Vince Fregoso at 714-904-4506 or Ingrid Canedo at 818-309-3664 City Council 26 — 542 1/16/2024 SUNSHINE ORDINANCE AVISO DE REUNION COMUNITARIA Esta invitado a asistir a una reunion comunitaria para del proyecto descrito a continuacion: Proposito. Modificar la zonificacion industrial de la propiedad ubicada en la parte noroeste de la escuela de la zona industrial a desarrollo especifico No. 82 (SD-82) para que coincida con la mayor parte del terreno junto, que viene siendo la escueia. La modificacion tambidn agregara terminos generales a la zona SD-82 para incluir actividades fisicas al afire fibre. Traductores en lenguaje espanol estarAn presentes durante la reunion. Ubicaclon: 2609 West Fifth Street (la cafeteria de bay 2 de Vista Heritage School) Fecha de reunion: Lunes, 15 de Mayo de 2023 Hora de reunion: 6:30 p. m. a 7:30 p. m. Lugar de reunion: La cafeteria de bay 3 de Vista Heritage School 2609 West Fifth Street Area de Notificacioi Sitio de Projecto: Sito de Reunion: Para mcis informacion, comuniquese con Vince Fregoso al 714-904-4506 o Ingrid Canedo al 818-309-3664 City Council 26 — 543 1/16/2024 #1 004-152-01 IUS MAPS 4 LESS ARMANDO & JOSEFINA E ESPARZA r'LA?0411;G .2222 W 107H ST W mi-radiusmaos4less.com 1 (909) 997-9357 SANTA ANA CA 92703 ORDER NO: 2023-26 DATE: 02/09/2023 #3 004-152-10 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #6 004-152-13 ESTHER AVALOS MAFFEY 2225 W 9TH ST SANTA ANA CA 92703 #9 004-153-02 ESTELA LORA GUERRERO 2230 W 9TH ST SANTA ANA CA 92703 #12 004-153-05 REBECCA P CAMPOS 2218W9TH ST SANTA ANA CA 92703 #15 004-153-08 LONG TRAN 2206 W 9TH ST SANTA ANA CA 92703 #18 004-153-11 RODOLFO & STELLA LICERIO 2141 W CIVIC CENTER DR SANTA ANA CA 92703 #21 004-153-14 IGNACIO D GONZALES 2205 CIVIC CENTER DR WEST SANTA ANA CA 92703 #24 004-153-18 MASTAN INC 811 N FAIRVIEW ST SANTA ANA CA 92703 #27 004-183-02 CARLOS H PEREGRINA 2130 W 9TH ST SANTA ANA CA 92703 #4 0D4-152-11 HOLLY NHIHA LE 2217 W 9TH ST SANTA ANA CA 92703 #7 004-152-14 CANDIDA G OLIVAS 2229 W 9TH ST SANTA ANA CA 92703 #10 004-153-03 STEVEN HUU & TAMMY CHANH NGUYEN 6945 ALTAIR CT CORONA CA 92880 #13 004-153-06 TEODULO MONTIELADAME 2214 W 9TH ST SANTA ANA CA 92703 #16 004-153-09 DANIEL PEREZ & JILL E AVILA 2202 W 9TH ST SANTA ANA CA 92703 #19 004-153-12 NGOC TRAN 2145 W CIVIC CENTER DR SANTA ANA CA 92703 #22 004-153-16 SOUTHLAND HOMES REAL ESTATE & INVESTMENT 10448 SALINAS RIVER CIR FOUNTAIN VALLEY CA 92708 #25 004-153-20 EDELIRA MORENO 2209 W CIVIC CENTER DR SANTA ANA CA 92703 #28 004-183-03 VICTORIA FLORES RODRIGUEZ 2126 W 9TH ST SANTA ANA CA 92703 #2 004-152-09 HOLDINGS SORENTO 2209 W 9TH ST SANTA ANA CA 92703 #5 004-152-12 ERIC R LOPEZ 2221 W 9TH ST SANTA ANA CA 92703 #8 004-153-01 WINSTON HUYNH 2234 W 9TH ST SANTA ANA CA 92703 #11 004-153-04 DIOSFORO & MARIA E SERNA 2222 W 9TH ST SANTA ANA CA 92703 #14 004-153-07 ANTONIO RODRIGUEZ TRUJILLO 2210 W 9TH ST SANTA ANA CA 92703 #17 004-153-10 RICARDO H & ANA L HARO 2137 CIVIC CENTER DR WEST SANTA ANA CA 92703 #20 004-153-13 ANDY 0 MUNOZ 2019 VALENCIA ST SANTA ANA CA 92706 #23 004-153-17 JUAN D & CAROLYN E MEDRANO 2221 W CIVIC CENTER DR SANTA ANA CA 92703 #26 004-183-01 SERGIO MORENO JUAREZ 2134 W 9TH ST SANTA ANA CA 92703 #29 004-183-15 ANDREW JONATHAN & DIANA ROSE MUNOZ 2129 W CIVIC CENTER DR SANTA ANA CA 92703 City Council 26 — 544 1/16/2024 #30 #32 004-183-16 004-183-17 DAVID NGUYEN MICHAEL B MATTINGLEY 3361 RURAL CIR 4006 CALLE MARLENA CORONA CA 92882 SAN CLEMENTE CA 92672 #33 #34 004-183-24 007-021-02 REYNALDO & ZOILA VERGARA TURN HOANG NGUYEN 2125 CIVIC CTR 7662 LEHIEN PL SANTA ANA CA 92703 WESTMINSTER CA 92683 #36 #37 007-021-04 007-021-05 NESTOR ALEJANDRES GEORGE 8 COBARRUVIA 2317 6TH ST 2309 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #39 #40 007-021-08 007-021-10 JOSE & YOLANDA ZAVALA TUNG DINH PHAN 2339 6TH ST 14822 ALCESTER ST SANTA ANA CA 92703 WESTMINSTER CA 92683 #42 #43 007-022-01 007-022-04 FORTH E SOUL LLC HOMES MICHAEL A MADZOEFF 1616 FLOWER AVE 211 MARIGOLD AVE FULLERTON CA 92833 CORONA DEL MAR CA 92625 #45 #46 007-022-06 007-022-07 MICHAEL A MADZOEFF MICHAEL A MADZOEFF 211 MARIGOLD AVE 211 MARIGOLD AVE CORONA DEL MAR CA 92625 CORONA DEL MAR CA 92625 #48 #49 007-022-13 007-022-16 INDELISA QUINTERO MICHAEL A MADZOEFF 2424 6TH ST 211 MARIGOLD AVE SANTA ANA CA 92703 CORONA DEL MAR CA 92625 #51 #52 007-022-19 007-022-20 JAKE J YOON FRANCISCO JAVIER PERAZA 23015TH ST 2414 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #54 #55 007-022-23 007-022-24 AVA ENTERPRISES MICHAELA MADZOEFF 2831 1ST ST 211 MARIGOLD AVE SANTA ANA CA 92703 CORONA DEL MAR CA 92625 #57 #58 007-022-26 007-022-29 ORANGE COUNTY TRANSIT RICK D KAGASOFF PO BOX 14184 2023 HELIOTROPE ORANGE CA 92863 SANTA ANA CA 92706 #32 004-183-22 HERIBERTO & MARIA MERCADO 2121 CIVIC CENTER DR SANTA ANA CA 92703 #35 007-021-03 ARTURO F DURAZO 2321 6TH ST SANTA ANA CA 92703 #38 007-021-06 EUGENEJONES 12921 ROSALIND DR SANTA ANA CA 92705 #41 007-021-14 JPACIFIC INTERNATIONAL 13043 BACH WAY CERRITOS CA 90703 TR6TH SA GARDEN #44 007-022-05 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #47 007-022-09 JAKE J YOON 2301 5TH ST SANTA ANA CA 92703 #50 007-022-17 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #53 007-022-21 LA RIVA ROSIE V DE 2418 6TH ST SANTA ANA CA 92703 #56 007-022-25 MICHAEL A MADZOEFF 211 MARIGOLD AVE CORONA DEL MAR CA 92625 #59 007-022-30 JAKE 1 YOON 23015TH ST SANTA ANA CA 92703 City Council 26 — 545 1/16/2024 #60 #61 #62 007-022-31 007-022-32 007-022-33 MICHAEL A MAD ZOEFF JAKE J YOON MICHAEL A MAD ZOEFF 211 MARIGOLD AVE 2301 5TH ST 211 MARIGOLD AVE CORONA DEL MAR CA 92625 SANTA ANA CA 92703 CORONA DEL MAR CA 92625 #63 #64 #65 007-110-01 007-120-24 007-120-25 KEVIN OVERGAAUW RICK D KAGASOFF T R KIRWAN 2308 5TH ST 2023 HELIOTROPE 5133 LORELEI AVE SANTA ANA CA 92703 SANTA ANA CA 92706 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SULLIVAN ST SANTA ANA CA 92705 SANTA ANA CA SANTA ANA CA 92703 #81 #82 #83 007-121-09 007-121-10 007-141-04 CYMC LLC RICK D KAGASOFF CHRIS R SOLDAN 2430 CAPE COD WAY 2023 HELIOTROPE DR 7243 CAMBRIA CIR SANTA ANA CA 92703 SANTA ANA CA 92706 ORANGE CA 92869 #84 #85 #86 007-141-11 007-141-24 007-141-26 SPACE PROPERTIES TWO LLC EXTRA PHUC VIET TRAN RICK D KAGASOFF 2795 COTTONWOOD PKWY #400 126 MAXINE ST 2023 HELIOTROPE SALT LAKE CITY UT 84121 SANTA ANA CA 92703 SANTA ANA CA 92706 #87 #88 #89 007-141-29 007-141-31 007-141-35 W& M PROPERTIES W& M PROPERTIES F C B PROPERTIES 1479 MUSTANG AVE 1479 MUSTANG AVE 6138 JAMESALAN ST ORANGE CA 92869 ORANGE CA 92869 CYPRESS CA 90630 City Council 26 — 546 1/16/2024 #90 #91 #92 007-141-42 007-141-66 007-141-67 CHRIS R SOLDAN MAS LLC YIA ANA MINI STORAGE SANTA 7243 CAMBRIA CIR 16741 GLENHAVEN LN 5901 ENCINA RD C-5 ORANGE CA 92869 HUNTINGTON BEACH CA 92647 GOLETA CA 93117 #93 #94 #95 007-141-76 007-141-77 007-242-01 CHRIS R SOLDAN W & M PROPERTIES GOODWILL INDUSTRIES OF ORANGE COUNTY 7243 CAMBRIA CIR 1479 MUSTANG AVE CA ORANGE CA 92869 ORANGE CA 92869 410 FAIRVIEW ST SANTA ANA CA 92703 #96 #97 #98 D07-351-01 007-351-02 007-351-03 MOHAMMAD ARAFEEN QUERASHI MOHAMMAD ARAFEEN QUERASHI MARIA FLORES 6633 PASEO FIESTA DR 6633 PASEO FIESTA DR 2230 CIVIC CENTER DRIVE WEST ANAHEIM HILLS CA 92703 ANAHEIM HILLS CA 92703 SANTA ANA CA 92701 #99 #100 #101 007-351-04 007-351-05 007-351-06 JOHN A MONREAL KENNY QUYEN LIEU EZEQUIEL SEGURA 2226 CIVIC CENTER DR WEST 2222 CIVIC CENTER DR 2218 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #102 #103 #104 007-351-07 007-351-08 007-351-09 RODRIGO SANTIAGO PACHECO REYMUNDO & EVA M DOMINGUEZ JOSE PATINO 2214 CIVIC CENTER DR 2210 CIVIC CENTER DR WEST 2206 CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #105 #106 #107 007-351-10 007-351-11 007-351-14 NHUT NGOC NGUYEN RAYMOND M ZAMORA NOE & MIREYA VARGAS 801 COURTNEY 2148 CIVIC CENTER DR WEST 2136 CIVIC 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007-352-08 JARELY MELCHOR HUAN NGUYEN RAUL LOPEZ 21217TH ST 2125 7TH ST 2129 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #123 #124 #125 007-352-09 007-352-10 007-352-11 YANLING SUN JAIME MUNOZ SIMONA M PERALES 2133 7TH ST 1730 WASHINGTON 22017TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #126 #127 #128 007-352-12 007-352-13 007-352-14 ROMAN ANTHONY REYNA JOANNA L PETERSON HECTOR MELENDEZ 2205 7TH ST 2533 HESPERIAN ST 2213 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92706 SANTA ANA CA 92703 #129 #130 #131 007-352-15 007-352-16 007-352-17 SERGIO GASCA MANRIQUEZ MACXIMILLIANO P CEBALLOS ELVA MENDEZ 2217 7TH ST 2221 17TH ST 2225 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #132 #133 #134 007-352-18 007-352-19 007-352-20 FERNANDO RODRIGUEZ CHAVEZ VICTOR MANUEL PEREZ JOSE V VALDEZ 2229 7TH ST 2233 7TH ST 2237 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #135 #136 #137 007-352-23 007-352-24 007-352-25 THACH JADE HOANG CHUONG MAI JUAN DIAZ 2242 7TH ST 2238 7TH ST 2234 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #138 #139 #140 007-352-26 007-352-27 007-352-28 ROBERT ANTHONY FLORES CATHY L BUENDIA RACHEL CAMACHO 2230 7TH ST 2226 7TH ST 1242 CEDAR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92707 #141 #142 #143 007-352-29 007-352-30 007-352-31 CATALINA & JOSE A ANDRADE JOHNNY C NGUYEN ESTHER C GONZALEZ 2218 7TH ST 2214 7TH ST 2210 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #144 #145 #146 007-352-32 007-352-33 007-352-34 KHIET DO MARGARITA CORTES LILIANA FAUSTO 2206 7TH ST 2202 7TH ST 2138 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #147 #148 #149 007-352-35 007-352-36 007-352-37 BRAD & WENDY PEIKERT BRAD & WENDY PEIKERT ENRIQUE PENA 2130 7TH 5T 2130 7TH ST 2126 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 548 1/16/2024 #150 #151 #152 007-352-38 007-352-39 007-352-40 ISRAEL VERGARA ALVAREZ ISRAEL & 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92703 #187 405-213-06 RAYMOND CC YANG 2628 DEEGAN OR SANTA ANA CA 92704 #190 405-221-01 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #193 405-221-05 ORANGE COUNTY TRANSIT P O BOX 3005 GARDEN GROVE CA 92840 #196 405-242-01 PARCEL HOLD #199 405-241-04 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #202 939-45-059 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #205 939-45-059 CALVARIO TEMPLO 2501 5TH ST SANTA ANA CA 92703 #208 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #185 405-213-04 JORGE G FRUTOS 2517 9TH ST SANTA ANA CA 92703 #188 405-213-07 DIANA MELINA VALENZUELA PEREZ 927 MARENGO PL SANTA ANA CA 92703 #191 405-221-02 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #194 405-221-07 SCHOOL SANTA ANA UNIFIEDDIST OF ORANGE 1405 FRENCH ST SANTA ANA CA 92701 #197 405-241-02 ORANGE COUNTY TRANSIT P 0 BOX 3005 GARDEN GROVE CA 92840 #200 939-45-057 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #203 939-45-058 CALVARIO TEMPLO 25015TH ST SANTA ANA CA 92703 #206 939-45-060 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 #209 939-45-061 2609 W 5TH STREET 2900 TEMPLE ST LOS ANGELES CA 90026 City Council 26 — 550 1/16/2024 #210 #211 #212 939-45-062 939-45-062 939-45-063 2609 W 5TH STREET 2609 W 5TH STREET GENERATION TILE & MARBLE NEW 2900 TEMPLE ST 2900 TEMPLE ST 563 FAIRVIEW ST LOS ANGELES CA 90026 LOS ANGELES CA 90026 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 GENERATION TILE & MARBLE NEW WILBERT MARRUFO WILBERT MARRUFO 563 FAIRVIEW ST 559 FAIRVIEW ST 559 FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 939-45-066 WILBERT MARRUFO WILBERT MARRUFO DHANANIAYA N MHASKAR 555 FAIRVIEW ST 555 FAIRVIEW ST 3972 BARRANCA PKWY J158 SANTA ANA CA 92703 SANTA ANA CA 92703 IRVINE CA 92606 #219 #220 #221 939-45-066 939-45-067 939-45-067 DHANANIAYA N MHASKAR SCOTTY LEE SCOTTY LEE 3972 BARRANCA PKWY J158 13791 DIEPPE CIR 13791 DIEPPE CIR IRVINE CA 92606 GARDEN GROVE CA 92843 GARDEN GROVE CA 92843 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURTIS & BETTY TOM CURTIS & BETTY TOM EN HONG & JANG LAN SHEN 24982 LUNA BONITA DR 24982 LUNA BONITA DR 3314 MEADOWRIDGE LAGUNA HILLS CA 92653 LAGUNA HILLS CA 92653 ORANGE CA 92867 #225 #226 #227 939-45-069 939-45-070 939-45-070 EN HONG & JANG LAN SHEN EDWARD DONLEY EDWARD DONLEY 3314 MEADOWRIDGE 19432 CLOVER 19432 CLOVER ORANGE CA 92867 SANTA ANA CA 92705 SANTA ANA CA 92705 #228 #229 #230 939-45-071 939-45-071 939-45-072 BARRY J UNCK BARRY J EINCK ROBERT C HUNT 14681 DAN BERRY CIR 14681 DANBERRY CIR 28371 MODJESKA CANYON RD TUSTIN CA 92780 TUSTIN CA 92780 MODJESKA CA 92676 #231 #232 #233 939-45-072 939-45-073 939-45-073 ROBERT C HUNT TAI TAN PHAM TAI TAN PHAM 28371 MODJESKA CANYON RD 302 TULIP TREE AVE 302 TULIP TREE AVE MODJESKA CA 92676 ORANGE CA 92865 ORANGE CA 92865 #234 939-45-074 HANH BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 #235 939-45-074 HANH BICH HOANG 16572 GRAHAM PL HUNTINGTON BEACH CA 92649 City Council 26 — 551 1/16/2024 #1 #2 #3 004-152-01 004-152-09 004-152-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W 10TH ST 2209 W 9TH ST 2213 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #4 #5 #6 004-152-11 004-152-12 004-152-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W 9TH ST 2221 W 9TH ST 2225 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #7 #8 #9 004-152-14 004-153-01 004-153-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2229 W 9TH ST 2234 W 9TH ST 2230 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #10 #11 #12 004-153-03 004-153-04 004-153-05 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 9TH ST 2222 W 9TH ST 2218 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #13 #14 #15 004-153-06 004-153-07 004-153-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 9TH ST 2210 W 9TH ST 2206 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #16 #17 #18 004-153-09 004-153-10 004-153-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 9TH ST 2137 W CIVIC CENTER DR 2141 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #19 #20 #21 004-153-12 004-153-13 004-153-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2145 W CIVIC CENTER DR 2201 W CIVIC CENTER DR 2205 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #22 #23 #24 004453-16 004-153-17 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2217 W CIVIC CENTER DR 2221 W CIVIC CENTER OR 809 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #24 #24 #24 004-153-18 004-153-18 004-153-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 811 N FAIRVIEW ST 813 N FAIRVIEW ST 815 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #25 #26 #27 004-153-20 004-183-01 004-183-02 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W CIVIC CENTER DR 2134 W 9TH ST 2130 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 552 1/16/2024 #28 #29 #30 004-183-03 004-183-15 004-183-16 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2126 W 9TH ST 2129 W CIVIC CENTER DR 2133 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #31 #32 #33 004-183-17 004-183-22 004-183-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2119 W CIVIC CENTER DR 2121 W CIVIC CENTER DR 2125 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #34 #35 #36 007-021-02 007-021-03 007-021-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 6TH ST 2321 W 6TH ST 2317 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #37 #38 #39 007-021-05 007-021-06 007-021-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2309 W 6TH ST 2307 W 6TH ST 2339 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #40 #41 #42 007-021-10 007-021-14 007-022-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2331 W 6TH ST 2333 W 6TH ST 2430 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #43 #44 #45 007-022-04 007-022-05 007-022-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2334 W 6TH ST 2328 W 6TH ST 2324 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #46 #47 #48 007-022-07 007-022-09 007-022-13 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2328 W 6TH ST 2304 W 6TH ST 2424 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #49 #50 #51 007-022-16 007-022-17 007-022-19 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2325 W 5TH ST 2317 W 5TH ST 2310 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #52 #53 #54 007-022-20 0D7-022-21 007-022-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2414 W 6TH ST 2418 W 6TH ST 2338 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #55 #56 #57 007-022-24 007-022-25 007-022-26 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2329 W 5TH ST SANTA ANA CA 92703 City Council 26 — 553 1/16/2024 #58 #59 #60 007-022-29 007-022-30 007-022-31 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2415 W 5TH ST 2301 W STH ST 2314 W 6TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #61 #62 #63 007-022-32 007-022-33 007-110-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2301 W 5TH ST 2315 W 5TH ST 2308 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #64 #65 #66 007-120-24 007-120-25 007-120-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2400 W STH ST 2401 CAPE COD WAY Al2 2350 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #67 #68 #69 007-120-27 007-120-28 007-120-43 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2351 CAPE COD WAY 2330 W STH ST 2341 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #70 #71 #72 007-120-44 007-120-46 007-120-48 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2331 CAPE COD WAY 2321 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 #73 #74 #75 007-121-01 007-121-02 007-221-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2430 W STH ST 2410 W 5TH ST 411 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #76 #77 #78 007-121-04 007-121-05 007-121-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 410 NANTUCKET PL 401 N SULLIVAN ST 400 NANTUCKET PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #79 #80 #81 007-121-07 0D7-121-08 007-121-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 321 N SULLIVAN ST 301 N SULLIVAN ST 2430 CAPE COD WAY SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #82 #83 #84 007-121-10 007-141-04 007-141-11 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2420 CAPE COD WAY 302 N SULLIVAN ST 2602 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #85 #86 #87 007-141-24 007-141-26 007-141-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2520 W 5TH ST 2518 W STH ST 408 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 554 1/16/2024 #88 #89 #90 007-141-31 007-141-35 007-141-42 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 406 N SULLIVAN ST 412 N SULLIVAN ST 402 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #91 #92 #93 007-141-66 007-141-67 007-141-76 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 419 N FAIRVIEW ST 401 N FAIRVIEW ST 308 N SULLIVAN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #94 #95 #96 007-141-77 007-142-01 007-351-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 404 N SULLIVAN ST 404 N FAIRVIEW ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #97 #98 ##99 007-351-02 007-351-03 007-351-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 711 N FAIRVIEW ST 2230 W CIVIC CENTER DR 2226 W CIVIC CENTER OR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #100 #101 #102 007-351-05 007-351-06 007-351-07 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2222 W CIVIC CENTER DR 2218 W CIVIC CENTER DR 2214 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #103 #104 #105 007-351-08 007-351-09 007-3S1-10 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2210 W CIVIC CENTER DR 2206 W CIVIC CENTER DR 2202 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #106 #107 #108 007-351-11 007-351-14 007-351-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2148 W CIVIC CENTER DR 2136 W CIVIC CENTER DR 2132 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #109 #110 #111 007-351-16 007-351-19 007-351-24 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2128 W CIVIC CENTER DR 2116 W CIVIC CENTER DR 2144 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #112 #113 #114 007-351-26 007-351-28 007-351-30 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2140 W CIVIC CENTER DR 2124 W CIVIC CENTER DR 2120 W CIVIC CENTER DR SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #115 #116 #117 007-351-32 007-352-02 007-352-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2112 W CIVIC CENTER DR 2105 W 7TH ST 2109 W 7TN ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 555 1/16/2024 #118 #119 #120 007-352-04 007-352-05 007-352-06 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2113 W 7TH ST 2117 W 7TH ST 2121 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #121 #122 #123 007-352-07 007-352-08 007-352-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2125 W 7TH ST 2129 W 7TH ST 2133 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #124 #125 #126 007-352-10 007-352-11 007-352-12 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2137 W 7TH ST 2201 W 7TH ST 2205 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #127 #128 #129 007-352-13 007-352-14 007-352-15 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2209 W 7TH ST 2213 W 7TH ST 2217 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #130 #131 #132 007-3S2-16 007-352-17 007-352-18 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2221 W 7TH ST 2225 W 7TH ST 2229 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #133 #134 #135 007-352-19 007-352-20 007-352-23 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2233 W 7TH ST 2237 W 7TH ST 2242 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #136 #137 #138 007-352-24 007-352-25 007-352-26 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2238 W 7TH ST 2234 W 7TH ST 2230 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #139 #140 #141 007-352-27 007-352-28 007-352-29 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2226 W 7TH ST 2222 W 7TH ST 2218 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #142 #143 #144 007-352-30 007-352-31 007-352-32 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2214 W 7TH ST 2210 W 7TH ST 2206 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #145 #146 #147 007-352-33 007-352-34 007-352-35 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2202 W 7TH ST 2138 W 7TH ST 2134 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 556 1/16/2024 #148 #149 #150 007-352-36 007-352-37 007-352-38 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2130 W 7TH ST 2126 W 7TH ST 2122 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #151 #152 #153 007-352-39 007-352-40 007-352-41 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2118 W 7TH ST 2114 W 7TH ST 2110 W 7TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #154 #155 #156 007-352-42 007-352-46 198-151-35 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2106 W 7TH ST 711 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 #157 #158 #159 405-211-01 405-211-02 405-211-03 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 730 N FAIRVIEW ST 750 N FAIRVIEW ST 720 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #160 #161 #162 405-211-04 405-211-07 405-211-08 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 804 N FAIRVIEW ST 2502 W 9TH ST 2506 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #163 #164 #165 405-211-09 405-211-10 405-211-11 CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 2510 W 9TH ST 2520 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #166 #167 #168 405-211-12 405-211-13 405-211-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2526 W 9TH ST 2534 W 9TH ST 2604 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #169 #170 #171 405-211-15 405-211-16 405-211-17 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2608 W 9TH ST 2612 W 9TH ST 2616 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #172 #173 #174 405-211-18 405-211-19 405-211-20 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2620 W 9TH ST 2624 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #175 #176 #177 405-211-22 405-211-23 405-211-36 CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 916 FAIR WAY 920 FAIR WAY SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 557 1/16/2024 #178 #179 #180 405-212-01 405-212-02 405-212-09 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2611 W 9TH ST 933 FAIRWAY 924 MARENGO PL SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #181 #182 #183 405-212-10 405-212-11 405-213-01 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2535 W 9TH ST 2605 W 9TH ST 1002 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #184 #185 #186 405-213-02 405-213-04 405-213-05 NO CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2517 W 9TH ST 2521 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 #187 #188 #189 405-213-06 405-213-07 405-213-14 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 923 MARENGO PL 927 MARENGO PL 2507 W 9TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #190 #191 #192 405-221-01 405-221-02 405-221-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT NO CURRENT OCCUPANT #193 #194 #195 405-221-05 405-221-07 405-241-01 NO CURRENT OCCUPANT CURRENT OCCUPANT NO CURRENT OCCUPANT 2701 W 5TH ST SANTA ANA CA 92703 #196 #197 #198 405-241-01 405-241-02 405-241-03 NO CURRENT OCCUPANT NO CURRENT OCCUPANT CURRENT OCCUPANT 501 N FAIRVIEW ST SANTA ANA CA 92703 #199 #199 #199 405-241-04 405-241-04 405-241-04 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 601 N FAIRVIEW ST 651 N FAIRVIEW ST 633 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #199 #199 #200 405-241-04 405-241-04 939-45-057 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 643 N FAIRVIEW ST 615 N FAIRVIEW ST 2519 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #201 #202 #203 939-45-057 939-45-058 939-45-058 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH 5T 2511 W 5TH ST 2511 W STH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 558 1/16/2024 #204 #205 #206 939-45-059 939-45-059 939-45-060 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2501 W 5TH ST 2501 W 5TH ST 2617 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #207 #208 #209 939-45-060 939-45-061 939-45-061 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2617 W 5TH ST 2609 W 5TH ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #210 #211 #212 939-45-062 93945-062 939-45-063 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2601 W 5TH ST 2601 W 5TH 5T 563 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #213 #214 #215 939-45-063 939-45-064 939-45-064 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 563 N FAIRVIEW ST 559 N FAIRVIEW ST 559 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #216 #217 #218 939-45-065 939-45-065 93945-066 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 555 N FAIRVIEW ST 555 N FAIRVIEW ST 551 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #219 #220 #221 939-45-066 939-45-067 939-45-067 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 551 N FAIRVIEW ST 547 N FAIRVIEW ST 547 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #222 #223 #224 939-45-068 939-45-068 939-45-069 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 539 N FAIRVIEW ST 539 N FAIRVIEW ST 531 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #225 #226 #227 939-45-069 939-45-070 939-45-070 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 531 N FAIRVIEW ST 527 N FAIRVIEW ST 527 N FAIRVIEW ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #228 #229 #230 939-45-071 939-45-071 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 523 N FAIRVIEW ST 523 N FAIRVIEW ST 2501 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 #230 #231 #231 939-45-072 939-45-072 939-45-072 CURRENT OCCUPANT CURRENT OCCUPANT CURRENT OCCUPANT 2519 W 5TH ST 519 N FAIRVIEW ST 2609 W 5TH ST SANTA ANA CA 92703 SANTA ANA CA 92703 SANTA ANA CA 92703 City Council 26 — 559 1/16/2024 #231 939-45-072 CURRENT OCCUPANT 523 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 563 N FAIRVIEW ST SANTA ANA CA 92703 #234 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 547 N FAIRVIEW ST SANTA ANA CA 92703 #232 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 #235 939-45-074 CURRENT OCCUPANT 511 N FAIRVIEW ST SANTA ANA CA 92703 #231 939-45-072 CURRENT OCCUPANT 555 N FAIRVIEW ST SANTA ANA CA 92703 #233 939-45-073 CURRENT OCCUPANT 515 N FAIRVIEW ST SANTA ANA CA 92703 City Council 26 — 560 1/16/2024 RADIUS MAP 10009 SUBJECT PROPERTY ADDRESS: 601 N. FAIRVIEW AVE., SANTAANA, CA92703 AP N: 405-241-04 Map Date: 2/9/2023 Graphic Data Source Orange County Geographic Information System Base Parcel Database (Derived from APN Maps) Coordinate System: NAD 1963 StatePlane California V FIPS O405 Feet Datum: North American 1983 Legend 6 P • III /� �E ` IIIIIIIIIIII, Latest equalized assessment roils obtained from the Orange County Assessor's Office through ParcelQuest, a vendor service on 2/9/2023 /'� 0 250 500 1,D00 (v Feet ORDER NO. 2023-26 IUS MAPS 4 LESS PLANNING + ENGINEERIhIG www.radiusmaps4less.com I (9o9) 997.93s7 City Council 26 — 561 1/16/2024 ORANGE COUNTY REPORTER -- SINCE 1921 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 643 2027 1 Fax (714) 542-6541 Ingrid Canedo VISTA HERITAGE GLOBAL ACADEMY 2609 W. 5TH STREET SANTA ANA, CA - 92703 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: Vista Sunshine Meeting Notice 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 cleric 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 Callfomla by the Superior Court of the County of ORANGE, State of Celtfomla, under date 0612011922. 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: 05/0512023 Executed on: 051OW023 At Los Angeles, Callfamla I certify (or declare) under penalty of perjury that the foregoing Is true and correct. OR#: 3698354 This space far fW" stamp only City Council 26 — 562 1/16/2024 AGENDA SUNSHINE ORDINANCE COMMUNITY MEETING NOTICE Monday, May 15, 2023 1. Welcome & Overview: Collin Fetch, Ed.D., Assistant Super intendent, Vista Heritage Global Academies 2. Vista Heritage Global Academies Santa Ana Project Details: Slides 1-5) Team: Collin Fetch, Ed.D., Assistant Super Intendent, Vista Heritage Global Academies • Introduction to the Vista Organization (Slides 1-2) • Why Santa Ana (Slide 3) • Benefits of converting parcel 4 from what it previously was into what it can/will be. (Slide 4) • How does that benefit the community? (Slide 5) 3. Land Use Team: (Slides 6-7) Vince Fergoso, Principal, The Fergoso Group • Project Details (Slide 6) • Current Zone & use (Slide 6) • Proposed Zone Amendments (Slide 6) • Proposed Use (Slide 6) • Requested Application (Slide 6) • Next Steps & Where we are at (Slide 6) • Parking Distribution per CC & R (Slide 7) 4. Architecture Team: (Slides 8-10) Tony Pacheco -Taylor, AIA, tEED®AP, Studio W Architects, • Updated site plan (Slide 8) • Exterior architectural improvements (Slide 8) ■ Ft' of outdoor areas ■ Architectural features • Upgrades from development (Slide 8) ■ Landscaping ■ Pedestrian • Accessibility ■ Aesthetic — Elevations (Slides 9-10) 5. Traffic Team: (Slides 11-12) Robert Uv, Traffic Engineer, Urban Xroads • Changes to pick up and drop off queue (Slide 11) • Changes in routing to pick up and drop off circulation (Slide 12) City Council 26 — 563 1/16/2024 UNSHINE ORDINANCE SIGN IN SHEET Monday, May 15, 2023 NAME I EMAIL PHONE ^ J i D 1 - #2 u1�. 657+ // �a b1 Y � N b. C�►y)�-!3 -�s33 1N t X ' P'laYY Vvti1m 1gH1 h�4 1 Cl H - e2i -- 76 / S - City Counci 26 — 564 1 /16/2024 V vn CL O � O �— V O o 025 t mo v M L cli � City Council 26 — 565 1/ U_ Z. � C CL O N qj tto 4- a LG) M 4-1-1 12 '� C O 0 to as -v v Q CD U Cn CD N Ln- 0 L O 4-0as o City Council 26 — 566 1 IW V m O O V U N � N O m M R > = -r O O m "5C _ CL N C Q N W O 0 m m O • znv Me ` A4.� - a L � s tl3 � pg c � • as � CL Cg ti v U U iG S a fG JyTY 00 • �, J • Z - 1/16 02 1 .. 1< City Council �Q6 — 567 ivw,3 ;; z;, Q) G O O :N v —Ne m OL- m CL a� O V C Rf 4-+ .0 •� G' 4 a--+ O m V) Q1 cu C O a--+ • v) C O V N - m E ...► CL ,� m C •E � C U v C C .� O CID i \ C C > to `_� V)G COC taA v O cu C O `O Q. m 1O •� C O •� CU 0 O O v E .4 O N O m U C O V O t pU 2 V) U 'a C O `a � <( U Q- W W C: • • • • • City Council 26 - 570 RS m O O O 0 V) 1 /16/2024 86-284292 City Council 26 — 571 1/16/2024 z W W caC J z w z 0 a LLJ w IL b LL I ?A I LL bLL City Council W H 2 = 0 a (_ . . . . . . ..... I , 26 — 574 1 /16/2024 uI D O W Z w (9 Z Q 2 V w Ln O a O W- a .r i I A7FIY 471117Wd fl) 9N1j Wd0) M 0 U 3i r LLJ y Council 26 - 575 1/16/2024 w H O O W IA O a O cc a w H oOc H LU City C :S'�(�,� aY14, --91 mvd (3113) 1 !, 7 26 — 576 I, - 024 u m L Vista Charter Public School Sunshine Ordinance Meeting No. 2 Meeting Notes — May 15, 2023 Follow Up Meeting — May 23, 2023 Q: How will access be provided for our large trucks? A. We are still reviewing options for meeting the school's needs while maintaining truck access. At the follow up meeting on 5/23, Vista presented a new revised a new circulation plan that demonstrated the neighbor's concerns of how larger vehicles moved through the park. The revised plan will be submitted to the city for further review. Q: Will the plans be revised to provide truck access? A: If changes are made, the plans will be revised and will be resubmitted to the city. The plans have since been revised to demonstrate access for larger commercial vehicles. Q: How can you gate off the alley if there are reciprocal easements? A: A review of the easements does not show specific truck easements between the properties, We have a team continuing to review documents related to easements, and the business park should do the same. This issue has been resolved in the redesign reflected in the latest site plans. Q: The truck issue was raised at the first meeting. Why wasn't it addressed? A: The plans for the site are still evolving, and we couldn't address the truck issue until we finalized the site plan for the school. With this feedback, we will be able to address the issue and will have a separate meeting to review the revised plans. The issue has been since resolved and communicated on 5/23. Q: How big is the old auto building/new office building? A: The building is approximately 5,800 square feet in size. The demolished auto mechanic structure was approximately ±11,000 square ft. City Council 26 — 578 1/16/2024 Q: Is the building one or two stories in height? A: The building is one story in height but does contain a small (1,200 square foot) mezzanine. Q: How many will be working in the building? A: Approximately 10 employees will occupy the building. Q: Parking needs to be reverified as there will not be 70 new parking spaces on the north parcel but more like 15. A: The 64 new spaces referred to are the number of stalls on the north parcel that will now be available for the industrial park to utilize. These spaces were previously exclusive to the former automotive uses. Approximately 44 spaces will be new as they will be where the demolished building was located. Q: What is the maximum size of truck that will be studied? A: We will be looking at turning movements for 50-foot long trucks. Q: The 2019 approved SD prohibited outdoor play areas. Why the changes to allow an outdoor play area now? A: A combination of factors such as typical schools have outdoor play areas, families prefer outdoor areas, an lessons learned from covid are led to the decision to pursue an outdoor play area. Q: Our biggest concern besides truck circulation is we can't find a parking spot. A: The revised site plan will provide additional parking opportunities for the industrial park to use. Q: Will this project move forward if we can't address the truck circulation issue? A: We still intend to find a solution that works for all parties. However, the plan will be to move forward if an acceptable option is not found. City Council 26 — 579 1/16/2024 r 86-284222 Exhibit 9 - Parcel Map in Recording 86-284222 C.1--- `4 \ - 4 t�4 � T j T T _Z Cm r_ N gn Ui Q ;'f1FCTi, 41 � 4. der I W r City ounce — - -- 1/16/2024 Order: 58602205755 Page 11 of 11 Requested By: NextAce TPXML Login , Printed: 8/19/2022 8:26 AM Doc: 1986-284222 AGREAS 07-02-1986 ORANGE COUNTY REPORTER --SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 601 North Fairview 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): 11 /27/2023 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 Total Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA BUSINESS JOURNAL, RIVERSIDE DAILY COMMERCE, LOS ANGELES LOS ANGELES DAILY JOURNAL, LOS ANGELES SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO SAN JOSE POST -RECORD, SAN JOSE THE DAILY RECORDER, SACRAMENTO THE DAILY TRANSCRIPT, SAN DIEGO THE INTER -CITY EXPRESS, OAKLAND $146.85 $146.85 (714)543-2027 (951)784-0111 (213)229-5300 (213)229-5300 (800)640-4829 (408)287-4866 (916) 444-2355 (619)232-3486 (510)272-4747 OR# 3760824 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING 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 . Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Proiect Location: 601 North Fairview Street located within the Light Industrial (M1) zoning district. Project Applicant: Enrique Diaz with Red Hook Capital Partners, LLC (Applicant) on behalf of Vista Heritage Charter Schools (Property Owner) Proposed Project: Applicant is requesting approval of Amendment Application (AA) No. 2023-04 (Zone Change) and Zoning Ordinance Amendment (ZOA) No. 2023-03, to rezone the subject property from Light Industrial (M1) to Specific Development No. 82 (SD-82), expand the boundaries of SD-82 to include the subject property, and to modify SD-82 to allow Administrative Offices as a permitted use and Outdoor Play Areas as a permitted use, ancillary to schools. The requested approvals would accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Heritage Charter School, and allow an outdoor play area adjacent to the existing school. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023-40 will be filed for this project. Meeting Details: This matter will be heard on Monday, December 11, 2023 at 5:30 p.m. in the City Council Chambers, 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 https://www. Santa-ana.org/planning-and- bu ildi ng-meeti ng-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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 project questions, please contact case planner Fernanda Arias with the Planning Division by phone at (714) 667-2792 or by email at FArias@santa- ana.org. 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 Planning 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 Nuvia Ocampo (714) 667-2732. NeucanlienIacbangtiengVICt, In di g n tho a i cho Tony Lai s 6 (714) 565-2627. 11/27/23 OR-3760824# ' 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 PLANNING 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 1000 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. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group Project Location: 601 North Fairview Street located within the Light Industrial (M1) zoning district. Project Applicant: Enrique Diaz with Red Hook Capital Partners, LLC (Applicant) on behalf of Vista Heritage Charter Schools (Property Owner) Proposed Project: Applicant is requesting approval of Amendment Application (AA) No. 2023-04 (Zone Change) and Zoning Ordinance Amendment (ZOA) No. 2023-03, to rezone the subject property from Light Industrial (M1) to Specific Development No. 82 (SD-82), expand the boundaries of SD-82 to include the subject property, and to modify SD-82 to allow Administrative Offices as a permitted use and Outdoor Play Areas as a permitted use, ancillary to schools. The requested approvals would accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Heritage Charter School, and allow an outdoor play area adjacent to the existing school. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023-40 will be filed for this project. Meeting Details: This matter will be heard on Monday, December 11, 2023 at 5:30 p.m. in the City Council Chambers, 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 https://www.santa-ana.org/planning-and-building-meeting- participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a)_santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 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. City Council 26 — 582 1/16/2024 Who To Contact For Questions: Should you have any project questions, please contact case planner Fernanda Arias with the Planning Division by phone at (714) 667-2792 or by email at FArias .santa- ana.orq. 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 Planning 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 Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP City Council 26 — 583 1/16/2024 NOTICE OF PUBLIC HEARING BEFORE SANTA ANA PLANNING 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 1000 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. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 601 North Fairview Street located within the Light Industrial (M1) zoning district. Project Applicant: Enrique Diaz with Red Hook Capital Partners, LLC (Applicant) on behalf of Vista Heritage Charter Schools (Property Owner) Proposed Proiect• Applicant is requesting approval of Amendment Application (AA) No. 2023-04 (Zone Change) and Zoning Ordinance Amendment (ZOA) No. 2023-03, to rezone the subject property from Light Industrial (M1) to Specific Development No. 82 (SD-82), expand the boundaries of SD-82 to include the subject property, and to modify SD-82 to allow Administrative Offices as a permitted use and Outdoor Play Areas as a permitted use, ancillary to schools. The requested approvals would accommodate the conversion of an existing 5,837-square-foot industrial building into an administrative office building for Vista Heritage Charter School, and allow an outdoor play area I adjacent to the existing school. Environmental Impact.. Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review under Section 15301 (Existing Facilities), Class 1 exemption, as it involves negligible or no expansion of an existing or former use. Additionally, the project is also exempt pursuant to Section 1S183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA guidelines. Notice of Exemption No. 2023- 40 will be filed for this project. Meeting Details, This matter will be heard on Monday,i 22 Civic Center Plaza, Santa Ana, CA 92701. Members oft the 11, 2023 at 5:30 p.m. in the City Zoom. For the most Santa up-to-date information on public may attend this meeting in Council Chambers, how to participate virtual) person ea join via htt s: www.santa-ana.or lannin -and-buildin -meetin - artici ation y In this meeting, please visit Written Comments: If you are le to PB eCom entsPsanta ana ore (reference theAgenda in Itenm44 ini the ou may send written comments b g nda Item Recording Secretary, City of Santa Ana, 20 Civic Center Plaza - subject line) or b y e-mail to to Nuvia San comments is 3:30 p.m. on the day of the meeting.Co Meceivedta Ana. CA 92701. Deadline to submit written Comments r the Commission but will be made part of the record. after t deadline may not be distributed to discireTo rytiMoremaorm ion: on theAdditional Crtyils regarding in the Proposed acton(s), including hours �- ana.primeeoy.com/public/portal. to public the full the heart g at text of the Who To Contact For Questions: Should you have any project questions, please n htt /act _"tt— with the Planning Division by phone at (714) 667-2792 or by email at FArias santanana.or se Planner Fernanda �_�l Arias Note : If you challenge the decision on the above m*f you may be limited to someone else raised at the public hearing described in this notice, or in written corresgp only those issues you or PlanningCommission or City Council of the city of Santa Ana at, or prior to orres ence ty ty P • th Public heart delivered to e ring. the Si tiene preguntas en espanol, favor de Ilamar a Nuvia ocampo (714) 667_2732 , � t Neu can lien lac bang tigng ViE t, xin di¢n thoai cho Tony Lai so 1714) 565 26Z7 4 il I 26 — mi ui iii inn �d 12 Council 26 — 585 1/16/2024 Ocampo, Nuvia From: Barry Einck <esigndesign@yahoo.com> Sent: Friday, December 8, 2023 4:18 PM To: eComments, PBA Cc: Angie Gmail Cano; Dave Hunt; Scotty Lee; Anh Le; Paola Marrufo; Robin Owens Subject: Opposition to Vista Charter proposal (DP No. 2023-10) Follow Up Flag: Follow up Flag Status: Flagged Hello members of the SA Planning Commission. My name is Barry Einck. My property address is 523 North Fairview. I along with 11 other owners are located on the exact property which is being impacted by the Vista Charter proposal. We are all located within a planned HOA community governed by CC&R and recorded documents that protect the common areas of this community. The recorded Reciprocal Easement Agreement (86-284222) contains the following language, which is in direct conflict with Vista charter proposal: "This agreement allows parking across all parcels." "This agreement explicitly prohibits the construction of barriers, such as fences or walls." When the SD 82 was revised to allow the school to occupy their current location, there was a specific line item added to the zoning, which indicated "no outdoor recreation area would be allowed". I don't understand why that line item is now being ignored, and potentially allowing the school to fence off and occupy common area property for an outdoor recreation area. Please remember, this is a Commercial Business Park, which has typical industrial operations, which are potentially hazardous and dangerous in nature. We have semi trucks, delivery trucks and forklifts operating in the immediate vicinity of the proposed outdoor recreation area. By the removal of additional parking spaces for the use of an outdoor recreation area is going to greatly impact the parking situation in the park and increase the level of danger due to the additional congestion created. Also section 2.2.4 of our association's Covenants, Conditions, and Restrictions (CC&Rs) mentions that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. I know alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. I feel that it is very important that the planning commission considers these rules from our HOA recorded documents in making a decision regarding this proposal. Please include this letter to be on file with all of the pertaining information for this planning commission proposal. Thank you for your time and consideration. Regards, Barry Einck 523 N Fairview 714-697-8730 City Council 26 — 586 1/16/2024 Sent from my Whone City Council 26 — 587 1/16/2024 Ocampo, Nuvia From: Angie Cano <angiercano@gmail.com> Sent: Wednesday, December 6, 2023 2:11 PM To: Carl Benninger; Alan Woo; Isuri Ken nedycommission; ChristopherL@santa-ana.org; jennifero@santa-ana.org; baop@santa-ana.org; manuele@santa-ana.org Cc: Bernal, Sarah; eComments, PBA; Barry Einck; Dave Hunt; Arias, Fernanda Subject: Opposition of Vista's Proposed Project (DP No. 2023-10): Planning Commissioner Meeting on 12.11.23 Attachments: 12.6.23 Opposition of Vista's Proposed Project (DP No. 2023-10) Planning.pdf; 07.02.1986 Agreement of Reciprocal Easement .pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon Commissioners, Attached you will find a copy of my opposition letter regarding Vista Heritage Charter School's Proposed of Project (DP No. 2023-10) for your consideration during your Planning Commission meeting on Monday, December 11, 2023 at 5:30pm (There is no agenda yet posted on the city's website). Furthermore, I attached a copy of the association's Agreement of Reciprocal Easements that has been hidden by Vista Heritage Charter in their arguments to build a playground in our association's parking lot. A similar letter in opposition was sent to the three board members of the Civic Center Business Owners' Association today, Wednesday, December 6th since section 2.2.4 of our association's Covenants, Conditions, and Restrictions (CC&Rs) mentions that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. I know alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. Please see the attached letter for more details about historical information of our Association. ANGIE CANO BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744 ---------- Forwarded message --------- From: Angie Cano <angiercanokgmail.com> Date: Wed, Dec 6, 2023 at 11:49 AM Subject: Re: Civic Center Board Meeting Notification 12-6-23 5:00 PM To: Danny deLeon Jr. <ddljr@,tcsocal.com>, Scotty Lee <scolee(&,yahoo.com>, Don Wilson <dwilsonAvistacharterp s. org> Cc: Ingrid Canedo <icanedo@redhookcap.com>, Enrique Diaz <ediaz@redhookcap.com>, Dhan Mhaskar <dhanplp(a,gmail.com>, Collin Felch <cfelch(&,,vistacharterps.org>, <nhi.huynh_dds@yahoo.com>, Perla Marrufo <perla@delmayab.com>, Barry Einck <esi_nd�esign@yahoo.com>, Dave Hunt City Council 26 — 588 1/16/2024 <davehuntksensordev.com>, Cutis Tom <tss 1 04kyahoo.com>, John Shen <jshen92kyahoo.com>, Anh Le <anhle0114(cLahoo.com>, Wil Marrufo <wilml94l(d)hotmail.com>, Paola Marrufo <paola@,delmayab.com>, Vince Fregoso <vfregoso@sbcglobal.net>, William Marrufo <william@delmayab.com>, <davehuntsensordev(a-aol.com>, <pvmarrufo@msn.com>, <tlnham4l(a�gmail.com>, <esi ns�designkyahoo.com>, <rhansbergerkhkschoollaw.com>, <marilouksensordev.com>, Mom <hanhbh(&yahoo.com>, <pilyym@,msn.com>, Robin Owens<robinowens(&affinitypropservices.com> Good morning, I realized the file I emailed last night is grainy and so I've attached a clear version of my comments in this email for the Civic Center Business Park Owner's Association scheduled for Wednesday, December 5 at 5pm via Zoom. Please consider these comments during the meeting today. ANGIE CANO BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744 On Tue, Dec 5, 2023 at 10:28 PM Angie Cano <angiercanokgmail.com> wrote: Good evening, I am attaching my comments for the Civic Center Business Park Owner's Association scheduled for Wednesday, December 5 at 5pm via Zoom. Please consider these comments during the meeting tomorrow. ANGIE CANO BUSINESS ADDRESS: 563 North Fairview St. Santa Ana, CA 92703 CELL: 714.957.5744 On Tue, Nov 28, 2023 at 12:39 PM <Email Alert@calibersoftware.email> wrote: Hi Civic Center Business Owners Association, Attached is the Agenda for the subject meeting with the zoom link below for your convenience. If you have any questions please call Affinity Property Services, Inc. at 714.505.5400. City Council 26 — 589 1/16/2024 Join Zoom Meeting https://zoom.us/j/95928265511 Meeting ID: 959 2826 5511 City Council 26 — 590 1/16/2024 -284222 1�6/oa/$�/ease/gas/air/x�9��ae9/.001 By RMT XMZ=4 TM M G3 RECORDING REQUESTED BY �gHU CA9J AND WHEN RECORDED PAIL TOs JUL IMEL t lCgICKHE`dER 1400 Dove Street �..c Newport Beach, C& 92660 �5. vs rid Attn: a. Z?. Scott Immel, EBq. C6 (Above Space for Recorder s Use Only) AGREEMENT OF RECIPROCAL EASEMENTS THIS AGREEMENT ("Agreement") is made this 17th day Of June , 1986, by CIVIC CENTER BUSINESS PARK PHASE III, � LTD., a California limited partnership ("CCSP°), and CIVIC CENTER BUSINESS PARK OWNERS ASSOCIATION, a California non-profit mutual e� benefit corporation ("Association") with respect to the following facts. R E C I T A L S A. CCBP is owner of the real property located in the City of Santa Aria, County of Orange, State of California, more particularly described as Parcels 3 and 4 as shown on a Parcel I -Tap recorded in Book 198, pages 19 and 20, of PARCEL NAPS, records of Orange County (hereinafter "Parcels 3 and 411). B. Association manages and operates the common area known as Parcels l and 2 as shown on a Parcel Nap recorded in Book. 198, pages 19 and 20 of Parcel Maps (hereinafter "Parcels 1 and 211) and is comprised of all the Owners of Parcels 1 and 2. ORANGE,CA DOCUMENT: AG 1986.284222 Printed on 4/23/2008 8:59:47 AM Provided by DataTrace System Page 1 of 11 City Council 26 — 591 1/16/2024 C. CCBP and Association desire to provide easements over Parcels 1 and 2 and Parcels 3 and 4, such easements being reciprocal, nonexclusive easements for ingress and egress to and from the respective Parcels, as well as easements for parking except on those areas of Parcels 1 and 2 which are Restricted Common Area as defined by the condominium plan and Declaration of Covenants, Conditions and Restrictions recorded on Parcels 1 and 2. Now, THEREFORE, in consideration of the foregoing facts and the terms and conditions hereinafter set forth, CCBP and Association hereby agree as follows: ARTICLE 1 1. B"EMENTS 1.1. CCBP hereby declares as a burden upon Parcels 3 and 4 and for the benefit of Parcels 1 and 2 the following reciprocal easements: 1.1.1. Non-exclusive easements for the purpose of Ingress to, and egress from, public streets or highways over that portion of Parcels 3 and 4 designated for parking and driveway purposes. Such rights shall extend to normal pedestrian and vehicular access but shall exclude any vehicle having a weight, load distribution or wheel type that would not be permitted by applicable laws or regulations upon the adjoining public streets. 1.1.2. Non-exclusive easements for vehicular parking on those portions of Parcels 3 and 4 designated for parking, subject to reasonable regulations and all vehicle code regulations of any appropriate governmental authorities. -2- ORANGE,CA DOCUMENT: AG 1986.284222 Page 2 of 11 Printed on 4/23/2008 8:59:47 AM Provided by DataTrace System City Council 26 — 592 1/16/2024 �_ � � . _ .. � .:�\._:.. -�. �.L+: Y.•': �. �• ' fit::�G.�UM�. 1, i. �n�: i".i}. 1.2. Association hereby declares as a burden upon Parcels 1 and 2 and for the benefit of Parcels 3 and 4 the following reciprocal easements: 1.2.1. Non-exclusive easements for the purpose of ingress to and egress from public streets or highways over that portion of Parcels 1 and 2 designated for parking and driveway purposes, excepting those portions which are designated as Restricted Common Area. Such rights shall extend to normal pedestrian and vehicular access but shall exclude any vehicle having a weight, load distribution or wheel type that would not be permitted by applicable laws or regulations upon the adjoining public streets. 1.2.2. Non-exclusive easements for vehicular parking on those portions of Parcels 1 and 2 designated for parking, except those portions designated as restricted Common Area, and subject to reasonable regulations and all vehicle code regulations of any appropriate governmental authorities. 2. MAINTENANCE. The obligation for maintenance of the parking and driveway areas located on each of Parcels 1 and 2 and Parcels 3 and 4 shall be assumed by the respective owners of the Parcels in question. For purposes of this Agreement, CCHP and Association shall each have the obligation to keep their respective portions of the Parcels in a good and clean condition, including, without limitation, the regular carrying out of customary maintenance and repair of the paved surface thereon, cleaning and removal of refuse and trash and maintenance of appropriate striping ov other designation of parking spaces. Notwithstanding the foregoing, any damage to a portion of the parking area of either owner's property resulting from violation of the use limitation set forth herein, or any other willful or negligent act or failure to act by party required to do so, shall -3- ORANGE,CA DOCUMENT: AG 1986.284222 Page 3 of 11 Printed on 4/23/2008 8:59:48 AM Provided by ®ataTrace System City Council 26 — 593 1/16/2024 ? ^`%•.Ey,t'�K.-''r %t-?dui -_Ye.. ta-P Y $�'a-`'i `S - 1 Y&;r Fi W ',h`t!.• !,I,- :K.. , ; :n�n�.r.. t f. �!.?�,�«t 1:•`>:iC.aL"�x,_.rN,S?�"t.�}� k- 21•C :•< .�3'' 'it'1!dN1 �: �t:"S;'..:'�t!� 867284222 be immediately repaired by and at the sole cost and expense of the party causing such damage. 3. REs` RxcTXoWS-. No hedge, fence, wall or other like barrier shall be erected on the line separating the property owned by CCPB and the property managed by the Association of a nature which would impede pedestrian or vehicular access to either's property. 4. ATo DEDICATIAtdt The easements established in this Agreement are not intended, nor will they create any prescriptive rights in the public. 5. ASSOCIATIO➢!. Aesc_iaticn hereby warrants and represents that it is entering into this Agreement after having taken all appropriate action as required by its Bylaws to obtain the required majority consent, and further acknowledges that the signatures of the owners of at least a 75t voting power of the Association have executed this Agreement in ratification of the Association's action. [Signature Page Follows] -4 - ORANGE,CA DOCUMENT: AG 1986.284222 Page 4 of 11 Printed on 4/23/2008 8:59:48 AM Provided by DataTrace System City Council 26 — 594 1/16/2024 IN WITNESS WHEREOF, the undersigned have enecuted this Agreement this day of.mjm- , 1986 a CIVIC CENTER BUSINESS PARK PHASE III, LTD., A California Limited Partnerships By RICHARD WESTEN, Trustee of the Weston Family Trust dated October 27, 1982, Goner Partner Bye R ERT B11MY DAI , Txmst— nv tfi® Rober - Bivey Dail and Barbara Ann Dail Family Trust dated May 4, 1984, General Partner y�— B"BARA ANN DAIL, Co - Trustee of the Robert Bivey Dail and Barbara Ann Dail Family Trust dated May 4, 1984, General Partner CIVIC CENTER BUSINESS PARR OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation By: Its: %���5 0, 45w�' By: -5- ORANGE,CA DOCUMENT: AG 1986.284222 Page 5 of 11 Printed on 4/23/2008 8:59:48 AM Provided by DataTrace System City Council 26 — 595 1/16/2024 The undersigned hereby acknowledge and affirm ghat they are members of the Association and represent at least 75t of the voting power of the Association and do hereby ratify and affirm the action of the Association hereunder. CIVIC CENTER BUSINESS PARR PHASE III, LTD., A California Limited Partnership By: ICiiARD WESTEN, Trustee of the Weston Family Trust dated October 27, 1982, Genre ,fPartner By :G10O-! BERT BIVEY DA L, CO - Trustee of the Robert Bivey Dail and Barbara Ann Dail Family Trust dated May 4, 1984, Gene al Partner By: BARHARX AHN DAIL, Co - Trustee of tkie Robert Bivey Dail and Barbara Ann Dail Family Trust dated May 4, 1984, General Partner REAL ESTATE INVESTMENT TRUST OF CALIFORNIA, a real estate investment trust BY: s)-S;t� Its: By: Its: -6- ORANGE,CA DOCUMENT: AG 1986.284222 Page 6 of 11 Printed on 4/23/2008 8:59:48 AM Provided by DataTrace System City Council 26 — 596 1/16/2024 ;..,.. .. , f , ..;.:.yy-, "`t`: Vtva.•x' .. , ....:u+mv:u.,.. ..a:•r• . ......., .. _.. .. .. C011SENT AND SUBORDXffAT7_Q �I The undersigned, as holder of the beneficial interest in and under those certain Deeds of Trust recorded on January 7, 1986 , as Instrument Nos. 86-006579 and 86-nnfisso all recorded in the Official Records of Orange County, California which Deeds of Trust are by and between CIVIC CENTER BUSINESS PARK PRASE III, LTD., a California limited partnership, as Trustor, and MORTGAGE AND REALTY TRUST; a Maryland real estate Investment trust, as Beneficiary hereby consents to the execution and recordation of this Agreement of Reciprocal Easements and hereby expressly subordinates said Deeds of Trust and its hcannf'i offal interest thereunder to said Agreement. Dated: 2 , 1986. BEiVERICIARY: MORTGAGE AND REALTY TRUST, a Maryland real estate inves=et trust By: �L , OFPICIAI. SEAL 66 JUDITH SIIRILA 0NOTARY PUBLIC - CALIFORNIA STATE OF CALIFORNIA 3 LOS ANGF1Es COUNTY Ss. My cam= enl!es MAR 24. 1989 COUNTY OF LDS ANGELES Y On JU��o�___________, 1906, before me, Judith 5iirila, a Notary Public in and for maid county and state, personally appeared Hayward L. Elliott, known to me to be the President of the Trust that executed the attached instrument, known to me to be the person who executed the attached instrument, on behalf of the Trust herein named, and acknowledged to me that such Trust executed the same. a 1 IN WITNESS WHEREOF, I have hereunto get my hand and affixed cry official seal the day fand �pyear in this certificate first above mitten. dith Siirila (Seal) ORANGE,CA DOCUMENT: AG 1986.284222 Printed on 4/23/2008 8:59:48 AM Provided by DataTrace System Page 7 of 11 City Council 26 — 597 1/16/2024 ORANGE,CA DOCUMENT: AG 1986.284222 Page 8 of 11 Printed on 4/23/2008 8:59:48 AM Provided by DataTrace System City Council 26 — 598 1 /16/2024 6p28 222 STATE OF CALIFORNIA ) ) ss. COtTXTY OF ORANGE ) On a 1986, before me, the undersigned, a Notary public in and for said state, personally appeared nil personally known to me or proved to mo on the basis oT satisfactory evidence) to be the President , and Barbara Bann Dali , personally known to me (or proved to me on the basis of sat sfactory evidence) to be the Secretar of Civic Center Business Park. owners Assoc at on, the corporation that executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. otary Publ / j O • CIAL $EAL RENE CORTEZ STATE OF CALIFORNIA ) m NOTARY R- CALIFORNIAAOKANGE ORANGE CAtlNTY LOS ANGELES ) SS. My Comm. expires MN 11, 1989 COUNTY OF anw=) On June 25 , 1986, before me, the undersigned, a Notary public in and for said State, personally appeared William Walters Jr. , personally known to me (or proved to me on the basl.s of satisfactory evidence) to be one of the Trustees and , personally known to me (or proved to me on the bass of satisfactory evidence) to be owner of the Trustees of Real Estate Investment Trust of California the trust. that executed the within instrument on behalf of said trusie, and acknowledged to me that such trust executed the within instrument r rsuant to the powers and authority conferred upon and on laehalf of such trust. him WITNESS my hand and official seal. %� kx `&,A Notary Public ORANGE,CA DOCUMENT: AO 1986.284222 Page 9 of 11 Printed on 4/23/2008 8:59:49 AM Provided by DataTrace System City Council 26 — 599 1/16/2024 6728 222 sTATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On !lone 17 , 1986, before me, the undersigned, a Notary pub! c n and for said State, personally appeared Richard Weston, proved to me on the basis of satisfactory evidence to be the person that executed the within instrument as the Trustee of the Weston Family Trust dated October 27, 1982, the general partner of Civic Center Business Park Phase III, Ltd., a California limited partnership, the limited partnership that executed the within instrument, and acknowledged to me that they executed the within instrument as such general partner and that Civic Center Business Park Phase III, Ltd., a California limited partnership, executed the. same. WITNESS my hand and official seal. If Notary P= L SEAL STATE OF CALIFORNIA ) RENE CORTEZ Ss. NOTARY PUBLIC - CAUFORNIA COUNTY OF ORANGE ) OfC= ox=piraz MY eommL 1AP1PHY 17, 1989 On , 1986, before me, the undersigned, a Notary public n and for said State, personally appeared Robert Bivey Dail and Barbara Ann Dail, proved to me On the basis of satisfactory evidence to be the person that executed the within instrument as the Trustee of the Robert Bivey Dail Family Trust dated May 4, 1984, the general partz�er of Civic Center Business Park Phase III, Ltd., a California limited partnership, the limited partnership that executed the within instrument, and acknowledged to me that they executed the within instrument as such general partner and that Civic Center Business Park Phase III, Ltd., a California limited partnership, executed the same. WITNESS my hand and official seal. /• � VMliI�TAL 5L'f:L RENE CORTEZ IGO 0(yrARy PUSUC - CAUFORNIA �Z0 OFaSIttGE COMM My coma. W[m IM 17. 1M ORANGE,CA DOCUMENT: AG 1986.284222 Printed on 4/23/2008 8:59:49 AM Provided by DataTrace System Page 10of11 City Council 26 — 600 1/16/2024 Q �TITIT ' TIT'IT E ORANGE,CA DOCUMENT: ACC 1986.284222 Printed on 4/23/2008 8:59:49 AM Provided by DataTrace System Page 11 of 11 City Council 26 — 601 1 /16/2024 City Council 26 — 602 1/16/2024 A1I_\N► 1911 Angie Cano and Levi Cano 563 North Fairview St. Santa Ana, CA 92703 Wednesday, December 6, 2023 To the Members of the Santa Ana Planning Commission: Subject: Opposition to Agenda items regarding Vista Heritage Charter School's Proposed of Project (DP No. 2023-10). Dear Commissioners, My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, as concerned members of the Civic Center Business Park, want to express our continued opposition to the proposed construction of fences and a playground proposed by Vista Heritage Charter School and Red Hood Capital Partners in our parking spaces and common areas. The plans to build fences and a playground in our shared spaces will negatively affect our association's character and safety. This opposition is grounded in the historical and legal precedents set forth by our association, as well as the explicit terms outlined in our Covenants, Conditions, and Restrictions (CC&Rs), and other legally binding documents governing our community. We wish to bring to your attention several key points that directly conflict with Vista Charter's proposal: 1. Restrictions on Erecting Fences (Article VII, Section 7.3 of the CC&Rs, Page 27): On October 18, 2002, Civic Center Business Park Owner's Association's legal counsel determined that unit owners are not permitted to erect a fence or other boundary around any parking space. This directly contradicts Vista Charter's intention to build fences in common areas. We would like to continue to highlight Section 2.2.4 of the CR&R, specifically, the requirement that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. We believe any alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. 2. Reciprocal Easement Agreement: The removal of parcels 3 and 4 from the Association in Amendment 1 recorded on January 3, 1986, led to formal arrangements, known as "Agreement of Reciprocal Easements (July 2, 1986, the 'Agreement' Document Number B6-284222)." This Agreement allowed parking across all parcels, including parcels 3 and 4. This agreement explicitly prohibits the construction of barriers, such as fences or walls, that would impede access. Vista Charter's plan would violate this agreement. 3. Unanimous Written Consent of Members Document (June 9, 1993): This document, which repealed previous bylaws and adopted new ones, clearly delineates the shared common areas, including parking spaces, as communal property not owned individually City Council 26 — 603 1/16/2024 but for the enjoyment of all unit owners. The construction of a playground in these areas would infringe upon the rights and privileges of all unit owners. 4. Correction of Terminology misused by Legal Counsel paid for by Vista Charter School: it has been claimed that "Restricted Area" means "Ownership" when Page 4 of the Second Amendment filed in 2016, Section 1.29 gives a straightforward definition of what is a Restricted Common Area: "Restricted Common Area shall mean and refer to those portions of the COMMON AREA." Additionally, section 1.30A mentions "Special Benefit Areas" are a group of one or more Condominiums WITHIN the Project as designated BY THE BOARD that receive services or benefits FROM THE ASSOCIATION that benefit only those Condominiums within such Special Benefit Area rather than all the Condominiums within the Project. The Unit Owners within the Special Benefit Area BEAR THE COSTS incurred by the Association for maintenance, repair, replacement, and provision of services for the benefit of all unit owners within this area. Exhibit D to the Second Amendment establishes MAINTENANCE RESPONSIBILITIES within the COMMON AREAS of the Association, not Ownership rights to any unit owner. Neither the Second Amendment nor any related board meeting in the discussions suggest that the term "Restricted Common Area" implies ownership. Instead, documents, and board meetings from previous presidents of the Civic Center Business Park consistently focused on maintenance responsibilities. 5. Potential Impact on Community: Beyond legal arguments, the practical implications of Vista Charter's proposed construction are deeply concerning, especially in terms of health and safety. The presence of a Tile and Marble shop directly facing the parking lot, behind the school, involves the use of chemicals that are hazardous, particularly to our youth. These chemicals can include Silica Dust which is generated during cutting or grinding tiles and can lead to respiratory problems if inhaled, Adhesives and Sealants that contain volatile organic compounds (VOCs) which can cause headaches, dizziness, and other health issues, Cleaning Solvents often used in the finishing process, which can be toxic if inhaled without the proper equipment. Supporting a playground in the common area used for parking would in turn support the exposure of children to these substances. A playground in this type of setting would be irresponsible and potentially harmful. In addition to health risks, our common areas serve a crucial role in alleviating parking pressure. This is particularly important given the proximity of both a church and a school in our association. The reduction of available parking spaces and the conversion of these areas into recreational zones and gated areas would inconvenience other unit owners, lead to unsafe congestion, and increase the risk of accidents in non -gated areas. Therefore, we urge the board to consider these facts and the historical context of our community's governance in your deliberations on this matter. We must uphold the integrity of our agreements and the rights of all unit owners to ensure the continued harmony and well-being of our community. City Council 26 — 604 1/16/2024 community's governance in your deliberations on this matter We must uphold the integrity of our agreements and the rights of all unit owners to ensure the continued harmony and well-being of our community Thank you for your attention to this pressing issue We look forward to a resolution that respects our community's rules and values n , - - ngie Cano Levi Cano City Council 26 — 605 1/16/2024 Ocampo, Nuvia From: Alcala, Abigail Sent: Monday, December 11, 2023 3:00 PM To: Ocampo, Nuvia; eComments, PBA Subject: FW: Planning Commission Agenda Item No. 3, December 11, 2023 Hello: The City Clerk's Office received the following comment for the Planning Commission meeting for December 11, 2023. Respectfully, Abigail Y. Alcala, MBA, CMC I Assistant City Clerk City of Santa Ana - City Clerk's Office 20 Civic Center Plaza I Santa Ana, CA 92701 714-647-6520 1 aalcala santa-ana.org City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: timrush@bhhscaprops.com <timrush@bhhscaprops.com> Sent: Monday, December 11, 2023 12:21 PM To: eComment <eoomment@santa-ana.org> Cc: Thai, Minh <mthai@santa-ana.org>; Pezeshkpour, Ali <APezeshkpour@santa-ana.org> Subject: Planning Commission Agenda Item No. 3, December 11, 2023 Dear Chairman & Planning Commission Members; I am writing to ask you to support the request of Vista Heritage School in their request for a zone change and related approvals needed to expand their footprint and fully build out their campus at 5t" & Fairview. This is a tremendous asset to the community and to the greater improvement of this area taking a rundown automotive center and making it a center of learning and faith development. Thank you in advance for your careful consideration of this worthwhile change. Sincerely, Tim Rush Wilshire Square Tim Rush Chief People Connector City Council 26 — 606 1/16/2024 Berkshire Hathaway HomeServices California Properties The Maple Building, Corporate Offices 16911 South Bellflower Boulevard Bellflower, CA 90706-5903 (714) 299-4455 17 Branch Sales Offices, Serving 6 Southern California Counties California Propertics City Council 26 — 607 1/16/2024 Ocampo, Nuvia From: Chase Arthur<chasearthur@casalag roupinc.com> Sent: Monday, December 11, 2023 2:14 PM To: eComments, PBA Subject: Vista Heritage Global Academy - 601 North Fairview Street - Air Quality Memo Attachments: Vista Charter -Response to Comment Memo_120823.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Planning Commissioners, Please see attached for an air quality memo in response to a comment letter by Anige and Levi Cano. Let us know if you have any questions or need any additional information. Thank you, Chase City Council 26 — 608 1/16/2024 We Make e Difference INTERNATIONAL IAltaAllei :1-1110 MIJAlI To: City of Santa Ana Vista Charter Public Schools From: Frances Yau, AICP, Michael Baker International Alan Ashimine, Michael Baker International Date: December 8, 2023 Subject: Response to Comment Letter on Vista Heritage Charter Public Schools District Office and Outdoor Space Project A comment letter prepared by Angie and Levi Cano, dated December 6, 2023, was sent to the Civic Center Business Park Owners Association Board opposing the Vista Heritage Charter Public Schools District Office and Outdoor Space Project (project) and raising several concerns regarding the proposed development. Michael Baker International (Michael Baker) was retained by Vista Charter Public Schools to prepare the environmental documentation under the California Environmental Quality Act (CEQA) for the proposed project. Given our role as environmental consultants, the focus of this memorandum is on Item #5 of the comment letter, as it pertains to potential air quality impacts; refer to attachment. The commenter raises concerns regarding potential health risks to students in the proposed outdoor play field and play yard area from existing operational activities associated with a tile and marble business within the same business park. The commenter states that the business involves the use of chemicals that are hazardous and can include silica dust generated during cutting or grinding tiles, which can lead to health problems for the students. The existing business, NG (New Generation) Tile & Marble, is located at 563 North Fairview Street and is the north end unit within the industrial building to the south of the project site and west of the Vista Heritage Global Academy building. Based on our research and project understanding, operational activities associated with the business would not result in adverse health impacts to future students playing in the proposed outdoor play areas. Specifically, potential marble grinding and cutting activities are performed indoors (i.e., no open air activities in the business park). Therefore, the amount of dust and odor traveling outdoors would be nominal. Moreover, Vista Heritage Global Academy students would spend time outdoors for a limited period of time per day, likely up to one to two hours per day. Health risk is highly dependent on the time exposed to the toxics and one to two hours per day is short-term compared to 24 hours per day considered for typical health risk assessments. Additionally, South Coast Air Quality Management District (SCAQMD) rules apply to the existing business, including Rule 1113 regulating coatings and tile and stone sealers, and Rule 403 regulating fugitive dust. Occupational Safety and Health Administration (OSHA) also has regulations on silica exposure for workers. Standard 29 CFR 1926.1153 requires employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers. Although this regulation is to protect workers, the best practices reduce overall 5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707 Mice: 472.8373 MBAl<E0Jt L�&KCII 26 — 609 7 dust in the air and would further reduce potential impacts to students in outdoor play areas near the existing business. As such, the indoor operational activities associated with the existing tile and marble business would not result in any substantial health risk to students playing in the proposed outdoor play areas. Further, it should be noted that according to several CEQA court decisions, CEQA analysis is not required to analyze impacts of the existing environment on a proposed project unless the project risks exacerbating existing environmental hazards. California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, Case No. 5213478. Thus, the Vista Charter Public Schools District Office and Outdoor Space Project CEQA Exemption 15183 — Environmental Documentation, prepared by Michael Baker International and dated December 5, 2023, adequately evaluates the project's potential environmental impacts and findings from the document remain valid. Attachment: Comment Letter, December 6, 2023 City Council 26 — 610 1/16/2024 A1I_\N► 19111 Angie Cano and Levi Cano 563 North Fairview St. Santa Ana, CA 92703 angiercano@gmail.com 714-957-5744 Wednesday, December 6, 2023 Board of Directors Civic Center Business Park Owners Association Board PO Box 131 Trabuco Canyon, CA 92678 Subject: Opposition to Agenda Items - December 6, 2023, regarding Vista Heritage Charter School's Proposed Construction Plans of Fences and Playground in Common Areas. Dear Directors Scott Lee, Danny De Leon, and Don Donald S. Wilson, My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, as concerned members of the Civic Center Business Park, want to express our continued opposition to the proposed construction of fences and a playground proposed by Vista Heritage Charter School and Red Hood Capital Partners in our parking spaces and common areas. This opposition is grounded in the historical and legal precedents set forth by our association, as well as the explicit terms outlined in our Covenants, Conditions, and Restrictions (CC&Rs), and other legally binding documents governing our community. We wish to bring to your attention several key points that directly conflict with Vista Charter's proposal: 1. Restrictions on Erecting Fences (Article VII, Section 7.3 of the CC&Rs, Page 27): On October 18, 2002, Civic Center Business Park Owner's Association's legal counsel determined that unit owners are not permitted to erect a fence or other boundary around any parking space. This directly contradicts Vista Charter's intention to build fences in common areas. We would like to continue to highlight Section 2.2.4 of the CR&R, specifically, the requirement that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. We believe any alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. 2. Reciprocal Easement Agreement: The removal of parcels 3 and 4 from the Association in Amendment 1 recorded on January 3, 1986, led to formal arrangements, known as "Agreement of Reciprocal Easements (July 2, 1986, the 'Agreement; Document Number B6-284222)." This Agreement allowed parking across all parcels, including parcels 3 and City Council 26 — 611 1/16/2024 4. This agreement explicitly prohibits the construction of barriers, such as fences or walls, that would impede access. Vista Charter's plan would violate this agreement. 3. Unanimous Written Consent of Members Document (June 9, 1993): This document, which repealed previous bylaws and adopted new ones, clearly delineates the shared common areas, including parking spaces, as communal property not owned individually but for the enjoyment of all unit owners. The construction of a playground in these areas would infringe upon the rights and privileges of all unit owners. 4. Correction of Terminology misused by Legal Counsel paid for by Vista Charter School: it has been claimed that "Restricted Area" means "Ownership" when Page 4 of the Second Amendment filed in 2016, Section 1.29 gives a straightforward definition of what is a Restricted Common Area: "Restricted Common Area shall mean and refer to those portions of the COMMON AREA." Additionally, section 1.30A mentions "Special Benefit Areas" are a group of one or more Condominiums WITHIN the Project as designated BY THE BOARD that receive services or benefits FROM THE ASSOCIATION that benefit only those Condominiums within such Special Benefit Area rather than all the Condominiums within the Project. The Unit Owners within the Special Benefit Area BEAR THE COSTS incurred by the Association for maintenance, repair, replacement, and provision of services for the benefit of all unit owners within this area. Exhibit D to the Second Amendment establishes MAINTENANCE RESPONSIBILITIES within the COMMON AREAS of the Association, not Ownership rights to any unit owner. Neither the Second Amendment nor any related board meeting in the discussions suggest that the term "Restricted Common Area" implies ownership. Instead, documents, and board meetings from previous presidents of the Civic Center Business Park consistently focused on maintenance responsibilities. 5. Potential Impact on Community: Beyond legal arguments, the practical implications of Vista Charter's proposed construction are deeply concerning, especially in terms of health and safety. The presence of a Tile and Marble shop directly facing the parking lot, behind the school, involves the use of chemicals that are hazardous, particularly to our youth. These chemicals can include Silica Dust which is generated during cutting or grinding tiles and can lead to respiratory problems if inhaled, Adhesives and Sealants that contain volatile organic compounds (VOCs) which can cause headaches, dizziness, and other health issues, Cleaning Solvents often used in the finishing process, which can be toxic if inhaled without the proper equipment. Supporting a playground in the common area used for parking would in turn support the exposure of children to these substances. A playground in this type of setting would be irresponsible and potentially harmful. In addition to health risks, our common areas serve a crucial role in alleviating parking pressure. This is particularly important given the proximity of both a church and a school in our association. The reduction of available parking spaces and the conversion of these areas into recreational zones and gated areas would inconvenience other unit owners, lead to unsafe congestion, and increase the risk of accidents in non -gated areas. Therefore, we urge the board to consider these facts and the historical context of our City Council 26 — 612 1/16/2024 community's governance in your deliberations on this matter We must uphold the integrity of our agreements and the rights of all unit owners to ensure the continued harmony and well-being of our community Thank you for your attention to this pressing issue We look forward to a resolution that respects our community's rules and values n , - - ngie Cano Levi Cano City Council 26 — 613 1/16/2024 Ocampo, Nuvia From: Chase Arthur<chasearthur@casalag roupinc.com> Sent: Monday, December 11, 2023 11:07 AM To: eComments, PBA Subject: Vista Heritage Global Academy - 601 North Fairview Street Attachments: Cover Letter - Santa Ana Planning Commission.pdf; Hansberger & Klein CC&R Letter.pdf; Akerman - Vista Charter - CC&R Memo 12-8-23.pdf; Stradling Supplemental Letter - CC&Rs.pdf, Stradling - CC&R Review Letter 12.6.23.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Planning Commissioners, Please see attached documents on behalf of Vista Heritage Global Academy in support of the school's project being heard at tonight's (12/11/23) Planning Commission meeting. The documents attached are a cover letter written by the school's Deputy Superintendent, Collin Felch, along with three legal analyses pertaining to the CC&Rs of the project's site along with a supplemental letter. Let us know if you have any questions regarding these documents. Thank you, Chase Arthur City Council 26 — 614 1/16/2024 akerman Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 T: 213 688 9500 F: 213 627 6342 ATTORNEY CLIENT WORK PRODUCT Memorandum From: Lisa Kolieb, Esq., Akerman LLP To: Vista Charter Public Schools Date: December 8, 2023 Subject: Civic Center Business Park CC&R and Reciprocal Easement Review You have asked us to review the "Industrial Condominium Enabling Declaration of Covenants, Conditions and Restricted for Civic Center Business Park, Santa Ana, California", dated April 1985, as amended, ("CC&Rs") and "Agreement of Reciprocal Easements," dated June 17, 1986 ("Easement Agreement"), to determine whether the CC&Rs or Easement Agreement prohibit or otherwise restrict the proposed development of a fenced play area for the Vista Charter School within the existing "Buildings A/B Common Area", as defined therein! We understand that the play area is proposed to be located within the Buildings A/B Common Area and additional improvements are proposed on Parcel 4. In short, the CC&Rs only currently apply to Parcels 1 and 2, as Parcels 3 and 4 were removed from the CC&Rs pursuant to the First Amendment to the CC&Rs, approved in December 1985. Accordingly, the improvements proposed on Parcel 4 are not limited by the CC&Rs. However, the play yard proposed within the Buildings A/B Common Area is subject to the CC&Rs. Pursuant to the Second Amendment to the CC&Rs, approved in May 2016, the "Buildings AB Maintenance Area" (which includes the Buildings A/B Common Area) is now considered to be a "Restricted Common Area" for exclusive use by buildings A and B. The CC&Rs, as amended, designated the Common Area as "exclusive" to the owners of Buildings A and B and do not explicitly restrict the permitted uses within the Buildings AB Maintenance Area. Therefore, as long as the proposed use is considered to be "common" to the owners of buildings A and B, there appear to be no 1 This Memorandum only analyzes the CC&Rs and Easement Agreement and does not analyze whether the proposed use is otherwise permissible pursuant to the City of Santa Ana's Municipal Code or previous approvals for the site. This analysis is based solely on our review of the original CC&Rs, as well as the First and Second Amendments to the CC&Rs, as well as the Easement Agreement provided to us by you. Moreover, this memorandum does not constitute a formal legal opinion. akerman.com 7191ify Council 26 — 615 1/16/2024 December 8, 2023 Page 2 restrictions in the CC&Rs on the use of the area for a fenced play area if the owners of Buildings A and B agree on that use for the Common Area. However, the Business Park is also subject to an Easement Agreement which establishes easements over Parcels 1 and 2 and Parcels 3 and 4 for ingress and egress, as well as for parking. The Easement Agreement provides an exception for areas designated as "Restricted Common Area." Since the Buildings A/B Maintenance Area is considered a restricted common area, it should be exempt from the easement requirements. AS ORIGINALLY APPROVED, THE CC&RS REQUIRED THE COMMON AREAS TO BE ACCESSIBLE TO ALL BUSINESS PARK OWNERS, AND ONLY SPECIFICALLY DESIGNATED PARKING SPACES WERE CONSIDERED TO BE "RESTRICTED COMMON AREAS." As originally approved in April 1985, the CC&Rs stated that the "Common Areas" were to be used/accessible by all of the Owners and only specifically designated parking spaces were designated "Restricted Common Areas" that were "set aside for exclusive use of a Unit Owner or Owners.i2 Accordingly, with the exception of those designated parking spaces, all owners were meant to have access to all Common Areas. With respect to use, the CC&Rs stated that "Association, its members, employees, invitees and licensees shall have non-exclusive easements for ingress, egress and parking over the portions of the Common Area containing open space, and parking and driveway areas, except that parking may be restricted in the Restricted Common Area. i3 Under the original CC&Rs, the "Restricted Common Areas" were limited only to "Parking spaces designated "P" followed by the number of the Unit to which appurtenant" and the remainder of the Common Areas were for use by all owners.4 If all of those restrictions were still in place, it could be argued that the proposed play area would not be permitted as the Common Area could not be used for anything other than parking and access and would need to be accessible to all owners. Therefore, it could not be used for a play area and restricted to the use of only one owner. However, as discussed below, the CC&Rs have been amended such that the Common Areas are no longer subject to many of those restrictions. We understand that a neighbor who opposes the proposed project has argued that the CC&Rs restrict the erection of fences with common areas. However, the CC&Rs only explicitly state that "no parking spaces shall be fenced off." (emphasis added). The CC&Rs do not contain other restrictions on fencing with the Business Park. 2 CC&Rs Section 1.29. s CC&Rs Section 6.3. 4 CC&Rs Section 2.2.5. ''' ify Council 26 — 616 1/16/2024 December 8, 2023 Page 3 THE BUSINESS PARK IS ALSO SUBJECT TO AN AGREEMENT RE RESTRICTIVE COVENANTS THAT GRANTS NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS AND VEHICULAR PARKING. The site is also subject to a non-exclusive easement for ingress, egress and vehicular parking pursuant to the Agreement of Reciprocal Easements, dated June 17, 1986. That Easement Agreement establishes easements over Parcels 1 and 2 and Parcels 3 and 4 for "reciprocal, nonexclusive easements for ingress and egress to and from the respective Parcels, as well as easements for parking except on those areas of Parcels 1 and 2 which are Restricted Common Area." Importantly, the easements contain an exception for "portions which are designated as Restricted Common Area." As discussed below, since the entire Buildings A/B Maintenance Area is now designated as an "Exclusive Use Common Area" it should be excluded from the ingress, egress and parking requirements established in the Agreement. The Easement Agreement predates the Second Amendment to the CC&Rs, and was approved prior to the formal separation of Buildings A and B from C and D. Accordingly, any restrictions on fencing between the two areas have arguably been superseded since the Second Amendment explicitly states that the Buildings AB Common Area and all portions of the Buildings AB Maintenance Area have been "set aside for exclusive use" of those buildings. THE SECOND AMENDMENT TO THE CC&RS DESIGNATED THE ENTIRE BUILDINGS A/B MAINTENANCE AREA AS AN "EXCLUSIVE USE COMMON AREA" TO BE USED ONLY BY BUILDINGS A AND B WITHOUT ADDITIONAL RESTRICTIONS ON USE. The Second Amendment to the CC&Rs, effective May 2016, divided the Common Areas for Buildings A and B from the Common Areas for Buildings C and D and reallocated and separated the maintenance obligations and costs for those common areas.5 In other words, the Buildings AB Common Area became the "responsibility" of the owners of Buildings A and B and the Buildings C/D Common Area became the responsibility of the owners of Buildings C and D. Most critical, the Second Amendment explicitly modified the language in the CC&Rs so that the Buildings AB Common Area and Buildings A/B Maintenance Area became a "Restricted Common Area" only for use by Buildings A and B. Specifically, the amendment stated that the "Buildings AB Maintenance Area is hereby set aside and allocated for the exclusive use of the Buildings AB Owner and shall constitute "Restricted Common Area" appurtenant to the condominium rights within Buildings AB. Such Restricted Common Area shall constitute "Exclusive Use Common Area" within the meaning of Section 6550 of the Commercial 'The Second Amendment defines the Buildings AB Common Area as "including exterior landscaping areas, parking areas, driveways and other pedestrian and vehicular access ways, trash enclosures and receptables and exterior lighting within the Buildings AB Common Area..." CC&Rs Section 1.4A. The Second Amendment focuses on the maintenance obligations and expenses as they relate to the Common Areas. However, the Second Amendment did not change the ownership interests in the Common Areas. While the Common Areas may technically have remained under common ownership, the Second Amendment establishes that the Buildings AB Common Area is now allocated for the exclusive use of Buildings A and B. As such, the owners of Buildings C and D arguably no longer have any use or access rights to that area and therefore it would no longer be considered 'common" to all owners. 111' ify Council 26 — 617 1/16/2024 December 8, 2023 Page 4 Association Act."6 As amended, the section of the CC&Rs that discusses the "Restricted Common Area" no longer makes reference to parking spaces, does not require access or use by other owners and does not contain any specific description of the required uses within the Common Area. Accordingly, the CC&Rs, as amended, do not appear to provide any restriction on the use of the Common Area that would prevent the use of the Common Area for a play yard accessible to the owners of both buildings A and B. 6 The exclusive use common area is a section of a common area that is designated for the use of one or more owners, but fewer than all, within a development. ''' ify Council 26 — 618 1/16/2024 VISTA CHARTER PUBLIC SCHOOLS We transform the school experience 2900 West Temple Street Los Angeles, CA 90026 Don Wilson Ed.D., Superintendent T 213 269-4767 1 F 213 269-4762 Collin Felch, Ed.D., Deputy Superintendent www.vistacharterpublicschools.org Karen Amaya, Assistant Superintendent December 8, 2023 To: Planning Commissioners: As you are aware, Vista Heritage Charter School has an item for your consideration at the December 11, 2023 public meeting. I understand that there has been some correspondence to the commission from a couple of the neighboring business park members regarding the allocation of parking at the business complex where we are located, and the access to that parking by Association members. Because our team is committed to working collaboratively with all our neighbors, and because there has been some confusion regarding the legal rights to certain portions of the parking field, we felt it was important to have the Association's CC&Rs reviewed by three different attorneys to provide an unbiased assessment. For your review I have attached the three legal analyses pertaining to the CC&Rs. In summary, the consistent interpretation is that the area where we intend to develop a play field in this proposed project is a restricted common area for the exclusive use of Buildings A & B (Vista & Templo Calvario Church). Please note that I provide this information simply to make sure that the facts are accurately reported. As the Deputy Superintendent our mission is to create a positive school environment for our students and families, and to be an added value to the Santa Ana community. I remain dedicated to this goal. Sincerely, Collin Felch, Ed.D. Deputy Superintendent Vista Charter Public Schools City Council 26 — 619 1/16/2024 4,r kHansberger & Klein December 7, 2023 SENT VIA E-MAIL Dr. Donald Wilson, Superintendent Dr. Collin Felch, Deputy Superintendent Vista Charter Public Schools Re: 2609 W 5TH STREET and Development of Parcels 2 and 4 Conditional Use Permit Application - Civic Center Business Park City of Santa Ana Planning Dept. Case No. 2023-10 Dear Drs. Wilson and Felch: We are submitting this correspondence regarding the above -entitled planning case number. Please submit it as public comment at your planning hearing. You have asked us to provide a non- confidential letter regarding two questions concerning the planned development at the 2609 W. 5th Street facilities (comprised of Parcels 1, 2, 3 and 4). The planned development affects Parcels 2 and 4, specifically. With respect to the Conditional Use Permit Application affecting the Parcels identified above, we have reviewed the original Declaration recorded April 19, 1985 as Document No. 85-240398 of Official Records, the First Amendment to original Declaration recorded January 3, 1986 of Official Records and the Second Amendment to original Declaration recorded August 10, 2016 as Document No 2016-000375684 of Official Records applicable to the formation, management and operation of the Civic Center Business Park (collectively, the "CCRs") by an Association as identified in the CCRs. As a first matter, Parcels 3 and 4 are not part of the Association and are not governed by the Association. Parcels 3 and 4 were deleted from the Association pursuant to the First Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park. If you refer to Section 1 of that document, it states that "Exhibit `A' is amended by the deletion of Parcels 3 and 4 from the description of the Property." The reference to Exhibit A is to that Exhibit in the original Industrial Condominium Enabling Declaration of Covenants, Conditions and Hansberger & Klein, A Professional Law Corporation 27475 Ynez Rd., Suite 357, Temecula, CA 92591 City Counci rica Klein Direct: 1 -2 1-57 5 is ar ans � br Direct 2 -533-1 91 1/16/2024 www.hkschoollaw.com December 7, 2023 Page 2 of 4 Restrictions for Civic Center Business Park (the "Original CC&RS) recorded April 19, 1985 which created the Association. The description of the property also does not include Parcels 3 and 4 in the Second Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park (see the "Legal Description" in that Second Amendment). Regarding parking, Section 2.2.5 of the Original CC&Rs dedicated certain parking spaces to certain owners by labeling each restricted space with a "P" followed by the unit number. These spaces were reserved for the unit owner's exclusive use. You have informed us that these markers are no longer visible. However, apparently at one time certain spaces were so reserved, which runs contrary to any claims by the Buildings C/D owners that all parking spaces have always been available for all property owners use. The Second Amendment simply clarified further restrictions on the use of Buildings A/B Common Area by Buildings C/D owners. The Second Amendment to Industrial Condominium Enabling Declaration for Civic Center Business Park (the "Second Amendment") of the Original CC&Rs defines "Restricted Common Area" as "those portions of the Common Area, if any, set aside for exclusive use of any Unit Owner, pursuant to Section 2.2.5 below, and shall include the Buildings A/B Common Area and all other portions of the Buildings A/B Maintenance Area." (See page 4 of the Second Amendment.) The Second Amendment defines the `Buildings A/B Common Area" as "those portions of the Common Area located adjacent to Buildings A and B as depicted on Exhibit D attached hereto, including exterior landscaping areas, parking areas, driveways and other pedestrian and vehicular access ways, trash enclosures and receptacles and exterior lighting within the Buildings A/B Common Area, as well as any conduits, pipes, fire and irrigation sprinklers, plumbing lines, wires and other utility installations located outside of Buildings A/B required to provide power, light, telephone, gas, water, sewerage and drainage to the Buildings A/B which exclusively serve Buildings A/B. For purposes of this Declaration, the Buildings A/B Maintenance Area shall constitute Restricted Common Area appurtenant to ownership of the condominium units within Buildings A/B." The Second Amendment defines the `Buildings A/B Maintenance Area" as (a) the roofs, exterior walls, bearing walls, columns, girders, slabs and floors (to the unfinished surfaces thereof) and other structural elements and all other portions of Buildings A/B, (b) fire sprinkler systems, conduits, pipes, plumbing, wires and other utility installations required to provide power, light, telephone, gas, water, sewerage and drainage to Buildings A/B as well as (c) all portions of the Buildings A/B Common Area." Hansberger & Klein, A Professional Law Corporation z nez ui e 357, emecu a, 9z59i ice: -577-0 3 ax: 909-49 City CciC�l www.hkschoollaw.com '� /2024 December 7, 2023 Page 3 of 4 Exhibit D to the Second Amendment pictorially represents the Buildings A/B Common Area and Buildings C/D Common Area. As noted above, Parcels 3 and 4 are not included in the Association anymore. As such, the Buildings A/B Common Area is set aside for the exclusive use of the Buildings A/B Owner pursuant to the Second Amendment. We have included in this letter certain information regarding the financial responsibilities of Buildings A/B and Buildings C/D to each other pursuant to the Second Amendment. It seems clear the intent of the Second Amendment was to relieve both the Buildings A/B and Buildings C/D owners of any financial responsibility for the maintenance costs for each other's respective buildings. Section E of the Preambles to the Second Amendment makes that plain. We can only surmise that the Buildings C/D owners wanted to limit their financial exposure to the maintenance costs associated with Buildings A/B and, to effectuate that goal, essentially "gave up" their respective rights to the Buildings A/B Common Area. Pursuant to the Second Amendment, Buildings C/D owners were relieved of any financial obligation to maintain the Buildings A/B Common Area and, in return, ceded the exclusive use of the Buildings A/B Common Area to the Buildings A/B owners. In my opinion, that appears to be the exchange the Association contemplated by the Second Amendment. By all terms of the OCRs, this agreement, in our opinion, seems fair and reasonable; the Buildings C/D Owners cannot demand to manage the use or operation of the Buildings A/B Common Area without maintaining fiscal responsibility for those areas. We would note that a public comment submitted on or about December 6, 2023 to the commission references a "Unanimous Written Consent of Members Document" apparently dated June 9, 1993. In response, please note the following. First, a unanimous written consent is not a document. It is a certificate memorializing a type of corporate action used to authenticate a document. In any event, the reference to the consent appears to be a unanimous written consent used to update the Association Bylaws sometime in 1993. However, the bylaws were last updated in 2009 so any previous versions are now void. Second, the Bylaws in any event could not override or confer any legal rights separate and apart from the CC&Rs. Whatever map may have been included as an exhibit to the 1993 bylaws are therefore irrelevant as a result. Have included a copy of the 2009 Bylaws as an Enclosure to this correspondence; we received these Bylaws directly from Dr. Wilson who, we can attest, received them from the Association's Property Management consultant. Based on my review of the CCRs, it is our opinion that the owners of Buildings C/D owners do not have any property rights in Parcel 1, Parcel 2 and Hansberger & Klein, A Professional Law Corporation z nez ui e 357, emecu a, 9z591. ice: 577 0 3 ax: 909 49 City CciC�l www.hkschoollaw.com '� /2024 December 7, 2023 Page 4 of 4 Parcel 4 that would impair Vista Charter Public School's right to develop the property and process the Conditional Use Permit Application. If you need anything further, please do not hesitate to let me know. Sincerely, HANSBERGER & KLEIN A Professional Law Corporation Richard J. Hansberger Hansberger & Klein, PLC ENCLOSURES Hansberger & Klein, A Professional Law Corporation z nez ui e 357, emecu a, 9z591. ice: 577 0 3 ax: 909 49 City CciC�l www.hkschoollaw.com /2024 RESTATED BYLAWS OF CIVIC CENTER BUSINESS PARK OWNERS ASSOCIATION CONTENTS ARTICLE I Recitals and Definitions........................................................ 1 Section 1. Name of Association .................................................. 1 Section 2. Association Is Nonprofit . .............................................. 1 Section 3. Specific Purpose ...................................................... 1 Section 4. Definitions.......................................................... 1 ARTICLE II Principal Office...............................................................2 Section 1. Location of Principal Office ............................................ 2 ARTICLE III Membership..................................................................2 Section 1. Members of the Association ............................................ 2 Section 2. Term of Membership .................................................. 2 Section 3. Multiple Ownership of Condominiums ................................... 2 Section 4. Furnishing Evidence of Membership ...................................... 2 ARTICLE IV Membership Voting...........................................................3 Section 1. Single Class of Membership ............................................ 3 Section 2. Member Voting Rights ................................................ 3 Section 3. Eligibility To Vote ..................................................... 3 Section 4. Manner of Casting Votes .............................................. 3 Section 5. Proxies.............................................................3 Section 6. Action by Written Ballot Without a Meeting .............................. 4 Section 7. Cumulative Voting ................................................... 4 Section 8. Election and Voting Rules ............................................. 4 ARTICLE V Membership Meetings..........................................................4 Section 1. Place of Meeting ..................................................... 4 Section 2. Annual Meeting ..................................................... 4 Section 3. Special Meetings ..................................................... 4 Section 4. Notice of Members' Meetings ........................................... 5 Section 5. Quorum Requirements ................................................ 6 City Council -1 26 — 624 1/16/2024 Section 6. Adjourned Meeting ................................................... 6 Section 7. Waiver of Notice or Consent by Absent Members .......................... 7 Section 8. Record Dates for Member Notice; Voting and Giving Consents ................ 7 ARTICLE VI Membership Rights............................................................9 Section 1. Tenants and Lessees .................................................. 9 Section 2. Invitees and Guests ................................................... 9 Section 3. Association Rules and Regulations ....................................... 9 ARTICLE VII Board of Directors...........................................................10 Section 1. General Association Powers ........................................... 10 Section 2. Number and Qualification of Directors .................................. 10 Section 3. Term of Office ...................................................... 10 Section 4. Nomination of Directors .............................................. 10 Section 5. Election of Directors ................................................. 10 Section 6. Vacancies on Board of Directors ........................................ 11 ARTICLE VIII Board Meetings..............................................................12 Section 1. Place of Meetings ................................................... 12 Section 2. Annual Meeting of Directors .......................................... 13 Section 3. Other Regular Meetings .............................................. 13 Section 4. Special Meetings of the Board .......................................... 13 Section 5. Attendance by Members; Common Interest Development Open Meeting Act Provisions ....................................... 13 Section 6. Quorum Requirements ............................................... 14 Section 7. Waiver of Notice .................................................... 15 Section 8. Adjournment.......................................................15 Section 9. Action Without a Meeting ............................................ 15 Section 10. Compensation..................................................... 15 ARTICLE IX Duties and Powers of the Board ................................................ 15 Section 1. Specific Powers ..................................................... 15 ARTICLE X Committees.................................................................16 Section 1. Committees of Directors .............................................. 16 Section 2. Effect of Committee Actions .......................................... 16 City Council - 11 26 — 625 1/16/2024 ARTICLE XI Officers....................................................................16 Section 1. Officers...........................................................16 Section 2. Election of Officers .................................................. 17 Section 3. Subordinate Officers ................................................. 17 Section 4. Removal of Officers .................................................. 17 Section 5. Resignation of Officers ............................................... 17 Section 6. Vacancies..........................................................17 Section 7. President..........................................................17 Section 8. Vice President......................................................17 Section 9. Secretary..........................................................17 Section 10. Chief Financial Officer ............................................... 18 ARTICLE XII Member Assessment Obligations and Association Finances .......................... 18 Section 1. Description of Assessments to Which Owners Are Subject ................... 18 Section 2. Checks............................................................18 Section 3. Operating Account..................................................18 Section 4. Other Accounts.....................................................18 Section 5. Annual Report......................................................19 ARTICLE XIII Other Required Disclosure to Members .......................................... 19 Section 1. Annual Statement of Association's Collection Policy ....................... 19 Section 2. Alternative Dispute Resolution (ADR) Disclosure ......................... 19 Section 3. Disclosure of Schedule of Fines or Other Monetary Penalties ................. 19 Section 4. Avoidance of Duplication in Reporting Obligations ........................ 19 ARTICLE XIV Miscellaneous...............................................................20 Section 1. Inspection of Books and Records ....................................... 20 Section 2. Robert's Rules of Order ............................................... 20 Section 3. Amendment or Repeal of Bylaws by Directors and Members ................. 20 Section 4. Notice Requirements ................................................. 21 Section 5. Indemnification..................................................... 21 Section 6. Construction and Definitions .......................................... 22 City Council 26 — 626 1/16/2024 RESTATED BYLAWS OF CIVIC CENTER BUSINESS PARK OWNERS ASSOCIATION ARTICLE I Recitals and Definitions Section 1. Name of Association. The name of this corporation is CIVIC CENTER BUSINESS PARK OWNERS ASSOCIATION and shall be referred to herein as the "Association." Section 2. Association Is Nonprofit. The Association has been formed pursuant to the California Nonprofit Mutual Benefit Corporation Law (Corporations Code sections 7110-8970) as a nonprofit mutual benefit corporation. Section 3. Specific Purpose. The specific and primary purposes of this Association are set forth within the Association's Articles of Incorporation. Section 4. Definitions. (a) County. The term "County" means the County of Orange, State of California. (b) Declaration. The term "Declaration" means all restrictions, covenants, terms and conditions set forth in the Industrial Condominium Enabling Declaration of Covenants, Conditions, and Restrictions recorded in the Office of the Orange County Recorder with respect to the Properties as Instrument No. 85-140398, Official Records of said County, as such Declaration may from time to time be supplemented, amended or modified by a subsequent Declaration, or amendment thereto, duly recorded in said Recorder's Office. (c) Majority of a Quorum. "Majority of a Quorum" means the vote of a majority of the votes cast at a meeting or by written ballot when the number of Members attending the membership meeting or the number of written ballots cast equals or exceeds the quorum requirement specified in Article V, Section 5, below. In the case of membership meetings, the voting power of a particular Member may be represented at the meeting by proxy (see Article IV, Section 6, below). Voting rights are set forth within Article III, Section 3.4 and Exhibit "B" of the Declaration. (d) Office of the Recorder. The term "Office of the Recorder" means the Office of the Recorder, County of Orange, State of California. (e) Person. The term "Person" means and includes any individual, corporation, partnership, association or other entity recognized by the laws of the State of California. -I- City Council 26 — 627 1/16/2024 (f) Voting Power. The term "Voting Power" means those Members who are eligible to vote for the election of Directors or with respect to any other matter, issue, or proposal properly presented to the Members for approval at the time any determination of voting power is made. (g) Definitions Incorporated by Reference. The terms defined in the Declaration shall have the same meaning when used herein unless the context clearly indicates a contrary intention. ARTICLE II Principal Office Section 1. Location of Principal Office. The principal office of the Association will be located at such place within the County as the Board may from time to time designate by resolution. ARTICLE III Membership Section 1. Members of the Association. Every Owner of a Condominium within the Properties is a Member of the Association. Membership in the Association is appurtenant to, and may not be separated from, ownership of any Condominium. Section 2. Term of Membership. Each Owner who is a Member shall remain a Member until he or she no longer qualifies as such under Article III, Section 1, above. Upon the sale, conveyance or other transfer of an Owner's interest in a Condominium, the Owner's membership interest appurtenant to the Condominium shall automatically transfer to the Unit's new Owner(s). Section 3. Multiple Ownership of Condominiums. Ownership of a Condominium shall give rise to a single membership vote in the Association. Accordingly, if more than one person owns a Condominium, all of these persons shall be deemed to be one Member for voting purposes, although all such Owners shall have equal rights as Members to use and enjoy the Common Areas and Common Facilities. The Secretary of the Association shall be notified in writing of the Owner designated by his or her Co -Owners as having the sole right to vote the membership on their behalf. If no such notification is received the secretary may accept the vote of any Owner of Record or proxy holder of such an Owner as the vote attributable to the Condominium in question, provided that if the multiple Owners of a Condominium attempt to vote the membership attributable to said Condominium in an inconsistent fashion, the Secretary or other person or persons designated as inspectors of election by the Board of Directors may refuse to count any ballot pertaining to the Condominium. Section 4. Furnishing Evidence of Membership. The Secretary may request a Member to provide evidence of qualification to vote in the form of a copy of a recorded grant deed (certified by the Office of the Recorder) or a currently effective policy of title insurance. Exercise of membership rights shall be further subject to the rules regarding record dates for notice, voting, and actions by ballot and eligibility for voting set forth in Article V, Section 4. -2- City Council 26 — 628 1/16/2024 ARTICLE IV Membership Voting Section 1. Single Class of Membership. The Association shall have one class of voting membership, designated Class A, as described within Article III, Section 3.4.1 of the Declaration. Section 2. Member Voting Rights. On each matter submitted to a vote of the Members, whether at a meeting of the membership called and held pursuant to the provisions of these Bylaws or otherwise, each Member shall be entitled to cast votes as described within Article III, Section 3.4 of the Declaration. Single memberships in which two or more persons have an indivisible interest shall be voted as provided in Article III, Section 3 of these Bylaws. Section 3. Eligibility To Vote. Only Members in good standing shall be entitled to vote on any issue or matter presented to the Members for approval. In order to be in good standing, a Member must be current in the payment of all assessments levied against the Member's Condominium and not be subject to any suspension of voting privileges as a result of any disciplinary proceeding conducted in accordance with the Declaration. A Member's good standing shall be determined as of the record date established in accordance with Article V, Section 8. The Association shall not be obligated to conduct a hearing in order to suspend a Member's voting privileges on the basis of the nonpayment of assessments, although a delinquent Member shall be entitled to request such a hearing in accordance with the Declaration. A Member who owns more than one Condominium shall be ineligible to vote if that Member is delinquent with respect to any such Condominiums. Section 4. Voting at Membership Meetings/Effect of Civil Code Sections 1363.03 and 1363.04. With the exception of voting concerning assessments, recall or election of Board members, amendments to the governing documents, or the grant of exclusive use of Common Area pursuant to Civil Code Section 1363.07 (collectively "Secret Ballot Topics"), voting at any membership meeting may be by voice or by ballot. Membership voting on Secret Ballot Topics shall be conducted as set forth within Civil Code Section 1363.03. In the event of any inconsistency between these Bylaws and Civil Code Sections 1363.03 and 1363.04, or any comparable successor statutes, the Civil Code Sections shall control. Section 5. Voting by Corporations Code Section 7513 Written Ballot Procedure. Any matter or issue requiring the vote of the Members, other than Secret Ballot Topics, may be submitted to vote by Written Ballot without the necessity of calling a meeting of the Members, so long as the requirements for action by Written Ballot set forth in this Section are met. A written ballot is a ballot which is mailed or otherwise distributed to every Member entitled to vote on the matter and which complies with the requirements of this Section. The term "Written Ballot" does not include a ballot distributed at a meeting for purposes of conducting a vote of the Members at such meeting. The determination to seek Member approval for Association actions in this fashion shall be made by a majority vote of the Board or by Members possessing five percent (5%) of the voting power of the Association signing a written request that a proposal be presented to the Members for a vote by Written Ballot and delivering this request to the President, Vice President, or Secretary of the Association. If a request for a vote by Written Ballot is received from the Members, the officer receiving the request shall cause notice to be properly given to the Members entitled to vote, in accordance with the meeting and notice -3- City Council 26 — 629 1/16/2024 provisions of these Bylaws, and the fact that a meeting will be held and the date, time, and purpose of such meeting, which date shall not be less than thirty-five (35) nor more than ninety (90) days following receipt of the request. Section 6. Proxy Voting. At all meetings of Members, Members otherwise eligible to vote a meeting may do so in person or by proxy provided the proxy is prepared and executed in compliance with all applicable statutes. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his/her Condominium Unit. Section 7. Cumulative Voting. Cumulative voting shall not be permitted. Section 8. Election and Voting Rules. The Board of Directors shall adopt election and voting rules pursuant to Civil Code Section 1363.03. ARTICLE V Membership Meetings Section 1. Place of Meeting. Meetings of the Members shall be held at a reasonable place within the County and at such time as may be designated by the Board in the notice of the meeting. Section 2. Annual Meeting. There shall be an annual meeting of the Members in November of each year. The date, time, and location of the meeting shall be established by the Board and set forth in the notice of meeting sent to the Members. Section 3. Special Meetings. (a) Persons Entitled To Call Special Meetings. A majority of the Board, the President or 5 percent or more of the Members may call special meetings of the Members at any time to consider any lawful business of the Association. (b) Procedures for Calling Special Meetings Requested by Members. If a special meeting is called by Members other than the Board of Directors or President, the request shall be submitted by such Members in writing, specifying the general nature of the business proposed to be transacted, and shall be delivered personally or sent by registered mail or by telegraphic or other facsimile transmission to the President, any Vice President, or the Secretary of the Association. The officer receiving the. request shall cause notice to be promptly given to the Members entitled to vote, in accordance with the provisions of this Section 3, that a meeting will be held, and the date, time, and purpose for such meeting, which date shall be not less than 35 nor more than 90 days following the receipt of the request. If notice of the meeting is not given within 20 days after receipt of the request, the persons requesting the meeting may give the notice. Nothing contained in this subsection shall be construed as limiting, fixing, or affecting the time when a meeting of Members may be held when the meeting is called by action of the Board of Directors or the President. City Council 26 — 630 1/16/2024 Section 4. Notice of Members' Meetings. (a) Requirement That Notice Be Given. Notice of all regular and special meetings of the Members shall be sent or otherwise given in writing to each Member who is eligible to vote at the meeting as of the record date for notice established in accordance with Article V, Section 8. (b) Time Requirements for Notice. The notice of membership meetings shall be given in the manner specified in subparagraph (e) of this Section 4, not less than 10 nor more than 90 days before the date of the meeting. If notice is given by mail and the notice is not given by first-class, registered, or certified mail, the notice shall be given not less than 20 days (nor more than 90 days) before the meeting. (c) Minimum Requirements Regarding Content of Notice. The notice of any membership meeting shall specify the place, date, and hour of the meeting. In the case of a special meeting, the notice shall also state the general nature of the business to be transacted, and no other business may in that case be transacted at the special meeting. In the case of a regular meeting, the notice shall also describe those matters that the Board of Directors, at the time of giving the notice, intends to present for action by the Members; but any proper matter may be presented at the meeting for such action so long as a quorum is present. The notice of any meeting at which directors are to be elected shall include the names of all those individuals who are nominees at the time the notice is given to the Members. (d) Specification of Certain Significant Actions. If any action is proposed to be taken at any membership meeting for approval of any of the following proposals, the notice shall also state the general nature of the proposal. Member action on such items is invalid unless the notice or written waiver of notice or consent states the general nature of the proposal(s): (i) Removing a director without cause; (ii) Filling vacancies on the Board of Directors under those circumstances where a vote of the Members is required pursuant to Article VII, Section 6 of these Bylaws; (iii) Amending the Articles of Incorporation of this Association, these Bylaws or the Declaration in any manner requiring approval of the Members; (iv) Approving a contract or transaction between the Association and one or more of its directors, or between the Association and any corporation, firm, or association in which one or more of its directors has a material financial interest; (v) Approving any change in the Association's assessments in a manner requiring membership approval under the Declaration; or (vi) Voting upon any election to voluntarily terminate and dissolve the Association. (e) Manner of Service. Notice of any meeting of Members shall be given either personally or by first-class mail, facsimile, or other written communication, charges prepaid, addressed to each -5- City Council 26 — 631 1/16/2024 Member either at the address of that Member appearing on the books of the Association or the address given by the Member to the Association for the purpose of notice. Notice shall be deemed to have been given at the time when the notice is delivered as provided within Civil Code Section 1350.7. (f) Affidavit of Mailing. An affidavit of the mailing or other means of giving any notice of any Members' meeting may be executed by the Secretary or the Assistant Secretary of the Association shall constitute prima facie evidence of the giving of notice. Section 5. Quorum Requirements. (a) Quorum Requirements Generally. The following quorum requirements must be satisfied in order to take valid action at any meeting of the Members or by ballot in accordance with Article IV of these Bylaws: (i) Quorum for Votes on Assessment Increases. In the case of any membership meeting or written ballot called or conducted for the purpose of voting on assessment increases requiring membership approval (see Article IV of the Declaration), the quorum requirement for valid action on the proposal shall be the percentage specified in Civil Code Section 1366 or comparable superseding statute. That quorum percentage is currently a majority of the voting power. (ii) Quorum for Valid Action on Other Matters. In the case of a membership meeting or ballot called or conducted for any other purpose, the quorum shall be 50 percent of the voting power represented in person, ballot or by proxy. (iii) Reduction in Quorum Percentage for Action on Other Matters. If the minimum quorum percentage specified in subparagraph (a)(ii), above, is not satisfied after the meeting may be adjourned to another time and/or place not more than 30 days after the initial meeting date (see Article V, Section 6, below) and at the reconvened meeting the quorum percentage shall be reduced to 33/3 percent of the voting power of the Members. (b) Members Represented by Proxy. Members present at a membership meeting in person, by ballot or by proxy shall be counted toward satisfaction of the quorum requirements specified herein. (c) Effect of Departure of Members From Meeting. The Members present in person or by proxy at a duly called or duly held meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum, so long as any action taken (other than adjournment) is approved by at least a majority of the Members required to constitute a quorum. If a quorum is never established for the meeting, a majority of those Members who are present in person or by proxy may vote to adjourn the meeting for lack of a quorum, but no other action may be taken or business transacted. Section 6. Adjourned Meeting. (a) Adjournment Generally. Any Members' meeting, annual or special, whether or not a quorum is present, may be adjourned to another place and/or time (but not for more than 45 days) by US City Council 26 — 632 1/16/2024 the vote of the majority of Members present at the meeting either in person or by proxy. Unless there is an absence of a quorum (in which case no business other than adjournment may be transacted), the reconvened meeting may take any action that might have been transacted at the original meeting. (b) Notice Requirements for Adjourned Meetings. When a Members' meeting is adjourned to another time or place, notice need not be given of the new meeting if the time and place thereof are announced at the meeting at which the adjournment is taken. Notwithstanding the foregoing, if after adjournment a new record date (see Article V, Section 8), is fixed for notice or voting, a notice of the rescheduled meeting must be given to each Member who on the record date for notice of the meeting is entitled to vote thereat. Section 7. Waiver of Notice or Consent by Absent Members. (a) Waivers and Consents Generally. If decisions are made or an action is otherwise taken by the Members at a meeting where a quorum is present, but for which proper notice was not given to all Members for whatever reason, the decisions or actions made at that meeting will be valid if, either before or after the meeting, each person entitled to vote who was not present at the meeting in person or by proxy consents to the meeting by signing (i) a written waiver of notice, (ii) a consent to holding the meeting, or (iii) an approval of the minutes. The waiver of notice or consent need not specify the purpose or general nature of business to be transacted at such meeting unless action was taken or is proposed to be taken at the meeting with respect to any matters specified in Article V, Section 4(d), in which case, the waiver of notice or consent must state the general nature of such matter(s). All such waivers, consents, or approvals shall be filed with the Association records or be made part of the minutes of the meeting. (b) Effect of a Member's Attendance at a Meeting. Attendance by a Member or his or her proxy holder at a meeting shall also constitute a waiver of any objections such person may have with respect to notice of that meeting, except when the Member or proxy holder attends the meeting for the sole purpose of objecting at the beginning of the meeting to the transaction of any business because of the inadequacy or illegality of the notice. Attendance at a meeting is not a waiver of any right to object to the consideration of matters not included in the notice of the meeting that are required to be described therein pursuant to Article V, Section 4(d), if that objection is expressly made at the meeting. Section 8. Record Dates for Member Notice; Voting and Giving Consents. (a) Record Dates Established by the Board of Directors. For the purpose of determining which Members are entitled to receive notice of any meeting, vote, act by written ballot without a meeting, or exercise any rights in respect to any other lawful action, the Board of Directors may fix, in advance, a "record date" and only Members of record on the date so fixed are entitled to notice, to vote, or to take action by written ballot or otherwise, as the case may be, notwithstanding any transfer of any membership on the books of the Association after the record date, except as otherwise provided in the Articles of Incorporation, by agreement, or in the California Nonprofit Mutual Benefit Corporation Law. The record dates established by the Board pursuant to this Section shall be as follows: -7- City Council 26 — 633 1/16/2024 (i) Record Date for Notice of Meetings. In the case of determining those Members entitled to notice of a meeting, the record date shall be no more than 90 nor less than 10 days before the date of the meeting; (ii) Record Date for Voting. In the case of determining those Members entitled to vote at a meeting, the record date shall be no more than 60 days before the date of the meeting; (iii) Record Date for Action by Written Ballot Without Meeting. In the case of determining Members entitled to cast written ballots, the record date shall be no more than 60 days before the day on which the first written ballot is mailed or solicited; and (iv) Record Date for Other Lawful Action. In the case of determining Members entitled to exercise any rights in respect to other lawful action, the record date shall be no more than 60 days prior to the date of such other action. (b) Failure of Board to Fix a Record Date. If the Board, for any reason, fails to establish a record date, the following rules shall apply: (i) Record Date for Notice of Meetings. The record date for determining those Members entitled to receive notice of a meeting of Members shall be the business day preceding the day on which notice is given, or, if notice is waived, the business day preceding the day on which the meeting is held. (ii) Record Date for Voting. The record date for determining those Members entitled to vote at a meeting of Members shall be the day of the meeting, or in the case of an adjourned meeting, the day of the adjourned meeting. (iii) Record Date for Action by Written Ballot Without Meeting. The record date for determining those Members entitled to vote by written ballot on proposed Association actions without a meeting, when no prior action by the Board has been taken, shall be the day on which the first written ballot is mailed or solicited. When prior action of the Board has been taken, it shall be the day on which the Board adopts the resolution relating to that action. (iv) Record Date for Other Lawful Action. The record date for determining those Members entitled to exercise any rights in respect to any other lawful action shall be Members at the close of business on the day on which the Board adopts the resolution relating thereto, or the 60th day prior to the date of such other action, whichever is later. (v) "Record Date" Means as of Close of Business. For purposes of this subparagraph (b) a person holding a membership as of the close of business on the record date shall be deemed the Member of record. City Council 26 — 634 1/16/2024 ARTICLE VI Membership Rights Subject to the provisions hereof and the provisions of the Declaration, the Members shall have the following rights: Section 1. Tenants and Lessees. (a) Assignment of Rights Generally. Each Member shall have the right to assign his or her rights as a Member (other than voting rights) to a tenant residing within the Member's Unit. Such assignment shall be effective only so long as said tenant is residing in said Unit and is in compliance with the Declaration and the Association's Rules in effect at that time. At all times the Owner shall remain responsible for compliance by Owner's lessee or tenant with the provisions of the Governing Documents. Without limiting the foregoing, reference is specifically made to Article VII of the Declaration for additional use restrictions affecting Tenants and leases. (b) Effectiveness of Assignment. Assignment of an Owner's right to use the Common Facilities (other than roads) to a tenant or lessee shall not be effective until such time as the Owner -Member has given the Secretary written notice thereof setting forth the name of the assignee who will be entitled to the use and enjoyment of the Common Areas, and roads within the Properties by virtue of the assignment. (c) Restriction on Lessor's Use of Certain Common Areas and Facilities. During the period of any lease or rental of a Condominium, any Owner not operating a business within the Properties shall not be entitled to use the Common Areas or Common Facilities (other than roads) except to the extent reasonably necessary to perform the usual responsibilities of a landlord or to ensure or gain compliance by the tenant with the requirements of these Bylaws and of the Declaration, unless the Lessor -Owner is contemporaneously operating a business in another Condominium within the Properties. Section 2. Invitees and Guests. The invitees and guests of a Member shall have the right to use and enjoy the Common Areas, and roads within the Properties. Any such guest or invitee shall be subject to the same obligations imposed on the Owner to observe the rules, restrictions, and regulations of the Association as set forth in the Governing Documents. Section 3. Association Rules and Regulations. The right of any person to use and enjoy the Common Areas shall at all times be subject to the rules, limitations, and restrictions set forth herein, in the Declaration, and in the Association's published Rules and Regulations as promulgated by the Board from time to time. With the exception of the right of use of any roads, the Board shall have the right to impose monetary penalties or to suspend the use and enjoyment of any Common Area for the failure of a Member to pay any Assessments when due under the Declaration, or to comply with any other rule or regulation imposed upon such Member, his or her tenants or guests, pursuant to the Governing Documents, provided, however, that any such suspension shall be imposed only after such person has been afforded the notice and hearing rights more particularly described in the Declaration. N City Council 26 — 635 1/16/2024 ARTICLE VII Board of Directors Section 1. General Association Powers. Subject to the provisions of the California Nonprofit Mutual Benefit Corporation Law, the Davis -Stirling Common Interest Development Act (Civil Code sections 1350-1373) and any limitations in any of the Governing Documents relating to action required to be approved by the Members, the business and affairs of the Association shall be vested in and exercised by the Association's Board of Directors. Subject to the limitations expressed in Article X, Section 1, the Board may delegate the management of the activities of the Association to any person or persons, management company, or committee, provided that notwithstanding any such delegation the activities and affairs of the Association shall continue to be managed and all Association powers shall continue to be exercised under the ultimate direction of the Board. Section 2. Number and Qualification of Directors. The Board of Directors shall consist of three (3) persons who shall be Owners of Condominiums whose memberships are in good standing with all Assessments current and are not subject to any suspension of membership rights. Only one representative per Condominium shall be eligible to serve on the Board at any time. In the case of an Owner not a natural person, the representative shall be a natural person who is an officer, agent, director, partner, or other person designated in writing by the Owner to be the Owner's representative. Section 3. Term of Office. Each director, including a director elected to fill a vacancy or elected at a special meeting of members, shall hold office for a term of one year and until a successor director has been elected and qualified. There shall be no limitation on the number of consecutive terms to which a director may be reelected. Section 4. Nomination of Directors. Individuals can become candidates for election to the Board of Directors in any of the following ways: (a) Submission of Candidate Application. Any Member who meets all required qualifications to serve on the Board of Directors may submit a candidate application by the established deadline for submitting such applications. (b) Nominations From the Floor. Any Member present in person or by proxy at a meeting to elect directors may place names in nomination. (c) Good Standing Requirement for Candidacy. To be eligible for nomination and election to the Board, or to designate a representative, an Owner must be certified by the Association Secretary to be in good standing with the Association and current in the payment of Assessments both at the time his or her name is placed in nomination and as of the election date. Section 5. Election of Directors. (a) Directors Elected at Annual Meeting. The annual meeting shall be held in November. At each annual meeting of the Members, the Members shall elect persons to those positions on the Board of Directors held by directors whose terms are then expiring. The persons thus elected shall be selected -10- City Council 26 — 636 1/16/2024 from among those persons nominated pursuant to Article VII, Section 4; however, if for any reason an annual meeting is not held or the directors are not elected at any annual meeting, the directors may be elected at any special meeting of the Members held for that purpose. As more particularly provided in Article IV, Section 7, cumulative voting is not permitted. (b) Determination of Election Results and Succession to Office. The candidates receiving the highest number of votes, up to the number of directors to be elected, shall be elected as directors and shall take office immediately following their election. In the event there is a tie vote between those candidates who receive the lowest number of votes necessary to qualify the candidate for election, the tie shall be broken by lot. Section 6. Vacancies on Board of Directors. (a) Vacancies Generally. A vacancy or vacancies in the Board of Directors shall be deemed to exist on the occurrence of any of the following: (i) the death, resignation, or removal of a director under paragraphs (c) and (d) below; (ii) an increase of the authorized number of directors; or (iii) the failure of the Members, at any meeting of Members at which any director or directors are to be elected, to elect the number of directors to be elected at such meeting. (b) Resignation of Directors. Except as provided in this paragraph, any director may resign, and such resignation shall be effective on giving written notice to the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the resignation to become effective. If the resignation of a director is effective at a future time, the Board of Directors may elect a successor to take office when the resignation becomes effective. (c) Authority of Board to Remove Directors. The Board of Directors shall have the power and authority to remove a director and declare his or her office vacant if he or she (i) has been declared of unsound mind by a final order of court; (ii) has been convicted of a felony; (iii) has been found by a final order or judgment of any court to have breached any duty under Corporations Code sections 7233- 7236 (relating to the standards of conduct of directors); (iv) has failed to meet any qualification requirement which existed at the time the director was elected; or (v) fails to attend three (3) consecutive regular meetings of the Board of Directors that have been duly noticed in accordance with California law. (d) Authority of Members to Remove Directors. Except as otherwise provided in subparagraphs(s) (c) and (e) of this Article VII, Section 6, a director may be removed from office prior to expiration of his or her term only by the affirmative vote of a majority of the voting power of the Members. Any membership action to recall or remove a director shall be conducted in accordance with the following procedures: (i) A petition must be presented in person to the President, Vice President, or Secretary of the Association and must carry the signatures of Members in good standing who represented at least 5 percent of the voting power of the membership. Such petition must set forth the reason(s) the petitioners are seeking the director's removal; the signature and Lot number(s) of each petitioner in his or her own handwriting; the name(s) of the sponsor(s) of the petition; and must fulfill all other requirements of law. -11- City Council 26 — 637 1/16/2024 (ii) Within 20 days after receipt of such petition, the Board shall either call a special meeting or announce the procedures for conducting a written ballot of the Members to vote upon the requested recall. Such meeting or written ballot shall be conducted not less than 35 nor more than 90 days after the petition is presented. If the Board fails to set a date for, and give the Members notice of, such meeting or written ballot within 20 days, the Members initiating the petition may call such meeting on their own initiative without Board approval or sanction. (iii) The director whose removal is being sought shall have the right to rebut the allegations contained in the petition orally, in writing, or both. If the rebuttal is in writing, it shall be mailed by the Association or otherwise provided to all Members, together with the recall ballot. (iv) If the quorum requirement for a valid membership action is not satisfied or if the recall vote results in a tie, the removal action will have failed. (e) Removal by Court Action. The County Superior Court may, in response to a suit filed by any director or the lesser of 20 Members or 5 percent of the Members, remove any director determined to be guilty of fraudulent or dishonest acts or gross abuse of authority or discretion with reference to the Association. The Association shall be made a party to any such action. (f) Filling Vacancies. Vacancies on the Board of Directors shall be filled by a majority vote of the remaining directors though less than a quorum, or by a sole remaining director unless the vacancy is created through removal of a director, in which case the vacancy shall be filled by the affirmative vote of a majority of the Members represented in person or by proxy at a duly held meeting of the Members at which a quorum is present. The Members may elect a Director or Directors at any time to fill any vacancy or vacancies not filled by the Directors by an election at a duly held meeting of the Members or written ballot and shall require the approval of a majority of the voting power. (g) Reduction in Number of Directors. No reduction of the authorized number of directors shall have the effect of removing any director before that director's term of office expires. ARTICLE VHI Board Meetings Section 1. Place of Meetings. Regular and special meetings of the Board of Directors may be held at any place within the County that has been designated from time to time by resolution of the Board and stated in the notice of the meeting. In the absence of such designation, regular meetings shall be held at the principal office of the Association. Notwithstanding the above provisions of this Section 1, a regular or special meeting of the Board may be held at any place consented to in writing by all the Board members, either before or after the meeting. If consents are given, they shall be filed with the minutes of the meeting. Any meeting, regular or special, may be held by conference telephone or similar communication equipment, so long as all directors participating in the meeting can hear one another, and all such directors shall be deemed to be present in person at such meeting. -12- City Council 26 — 638 1/16/2024 Section 2. Annual Meeting of Directors. Immediately following each annual meeting of Members, the Board of Directors shall hold a regular meeting for the purposes of organization, election of officers, and the transaction of other business. Notice of this meeting shall not be required. Section 3. Other Regular Meetings. Ordinarily, regular meetings shall be conducted at least monthly. However, regular meetings can be held as infrequently as quarterly if the Board's business does not justify more frequent meetings. Notice of the time and place of regular meetings shall be posted in a prominent place within the Common Area, and shall be communicated to the Board members not less than four (4) days prior to the meeting; provided, however, that notice need not be given to any Board member who has signed a written waiver of notice or consent to holding the meeting as more particularly provided in Article VIII, Section 7. Section 4. Special Meetings of the Board. (a) Who May Call a Special Meeting. Special meetings of the Board of Directors may be called for any purpose at any time by the President or any two Directors. (b) Notice of Special Meetings. (i) Manner of Giving. Notice of the time and place of special meetings of the Board shall be given to each Director by one of the following methods: (A) by personal delivery of written notice; (B) by first-class mail, postage prepaid; (C) by telephone communication, either directly to the director or to a person at the director's home or office who would reasonably be expected to communicate such notice promptly to the director; or (D) by facsimile. All such notices shall be given or sent to the Director's address or telephone number as shown on the records of the Association. Notwithstanding the foregoing, notice of a meeting need not be given to any Director who signed a written waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof as more particularly provided in Article VIII, Section 7. (ii) Time Requirements. Notices shall be delivered, telephoned, or sent by facsimile four (4) days before the time set for the meeting. (iii) Notice Contents. The notice shall state the time, place, and purpose of the meeting. Section 5. Attendance by Members; Common Interest Development Open Meeting Act Provisions. (a) Meetings Generally Open to Members. With the exception of executive sessions of the Board (see subparagraph (b), below), any member of the Association may attend meetings of the Board of Directors, provided, however, that nondirector Members may participate in deliberations or discussions of the Board only when expressly authorized by a vote of a majority of the directors present at the meeting at which a quorum has been established or by the Board member chairing the meeting. For purposes of the Open Meeting Act, the term "meeting" includes any congregation of a majority of -13- City Council 26 — 639 1/16/2024 the members of the Board at the same time and place to hear, discuss, or deliberate on any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session. (b) Executive Sessions. The Board, on the affirmative vote of a majority of the directors present at a meeting at which a quorum is present, shall be entitled to adjourn at any time for purposes of reconvening in executive session to discuss (i) litigation in which the Association is or may become a parry; (ii) matters relating to the formation of contracts with third parties; (iii) Member discipline; or (iv) personnel matters. The Board must meet in executive session if requested by a Member who may be subject to a fine, penalty, or other form of discipline and the Member who is the subject of the disciplinary proceeding shall be entitled to attend the executive session. Any matter discussed in executive session shall be generally noted in the minutes of the Board meeting, taking into consideration the need to maintain confidentiality. (c) Board Meeting Minutes. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board of Directors, other than minutes of an executive session, shall be available to the Members within 30 days following the meeting. The minutes, proposed minutes, or summary of the minutes shall be distributed to any Member on request and on reimbursement of the Association's costs of making that distribution. Members shall be notified in writing at the time that the pro forma budget required by Article XII, Section 5(a), above, is distributed, or at the time of any general mailing to the entire membership, of the Members' right to have copies of the minutes of any Board meeting and how and where those minutes may be obtained. (d) Members' Right to Notice of Meetings. Members shall be given notice of the time and place of Board meetings (as defined in Section 8.5(a), above), except for "emergency meetings," at least four days before the date of the meeting. This notice may be given by posting the notice in a prominent place or places within the Common Area, by mail or delivery of the notice to each Condominium Unit within the Properties, or by newsletter or similar means of communication. For purposes of this subparagraph (d), an "emergency meeting" of the Board means a meeting called by the president or by any two members of the Board under circumstances that could not have been reasonably foreseen that require immediate attention and possible action by the Board and that of necessity make it impracticable to provide prior notice to the Members as required by the Open Meeting Act. Section 6. Quorum Requirements. A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Article VIII, Section 8. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Mutual Benefit Corporation Law, especially those provisions relating to (a) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (b) appointment of committees, and (c) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors below a quorum, if any action taken is approved by at least a majority of the required quorum for that meeting, or such greater number as is required by these Bylaws, by the Articles, or by law. -14- City Council 26 — 640 1/16/2024 Section 7. Waiver of Notice. Any action taken at any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if (a) a quorum is present, and (b) either before or after the meeting, each of the Directors not present, individually or collectively, signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. All waivers, consents, and approvals shall be filed with the Association records or made a part of the minutes of the meeting and shall have the same force and effect as a unanimous vote of the Board. The requirement of notice of a meeting shall also be deemed to have been waived by any Director who attends the meeting without protesting the lack of proper notice either before or at the inception of the meeting. Section 8. Adjournment. A majority of the Directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of adjournment to any other time or place shall be given prior to the time of the adjourned meeting to the Directors who are not present at the time of the adjournment. Except as provided above, notice of adjournment need not be given. Section 9. Action Without a Meeting. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all members of the Board, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect as a unanimous vote of the Board of Directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board and shall have the same force and effect as a unanimous vote of the Board. If prompt or immediate action of the Board is necessary and there is insufficient time to comply with the notice requirements set forth herein, reasonable efforts shall nevertheless be made to contact all Board members regarding the proposed action in advance thereof, rather than relying on notification after the fact. Section 10. Compensation. Directors, Officers, and Members of Committees shall not be entitled to compensation for their services as such, although they may be reimbursed for such actual expenses as maybe determined by resolution of the Board of Directors to be just and reasonable. Expenses for which reimbursement is sought shall be supported by a proper receipt or invoice. ARTICLE IX Duties and Powers of the Board Section 1. Specific Powers. Without prejudice to the general powers of the Board of Directors set forth in Article VII, Section 1, the Directors shall have the power to exercise all powers vested in the Board under the Governing Documents, including without limitation Article V of the Declaration, and under the laws of the State of California. -15- City Council 26 — 641 1/16/2024 ARTICLE X Committees Section 1. Committees of Directors. In addition to the Architectural Control Committee appointed and constituted pursuant to the Declaration, the Board may, by resolution adopted by a majority of the Directors then in office, designate one or more committees, each consisting of two or more Members (who may also be Directors), to serve at the pleasure of the Board. Committees shall have all the authority of the Board with respect to matters within their area of assigned responsibility, except that no committee, regardless of Board resolution, may: (a) Take any final action on any matter that, under the California Nonprofit Mutual Benefit Corporation Law, also requires approval of the Members. (b) Fill vacancies on the Board of Directors or on any committee that has been delegated any authority of the Board. (c) Amend or repeal Bylaws or adopt new Bylaws. (d) Amend or repeal any resolution of the Board of Directors that by its express terms is not so amendable or repealable. (e) Appoint any other committees of the Board of Directors or the members of those committees. (f) Expend Association funds to support a nominee for Director after there are more people nominated for Director than can be elected. (g) Approve any transaction (i) to which the Association is a party and one or more Directors have a material financial interest; or (ii) between the Association and one or more of its Directors or between the Association or any person in which one or more of its Directors have a material financial interest. Section 2. Effect of Committee Actions. Unless otherwise expressly provided in the Governing Documents or in the Board resolution authorizing and empowering a committee, all actions of any committee shall be considered advisory to the Board and shall be scheduled on the agenda of the Board meeting next following the committee's action or decision for affirmation, rescission, or modification, as the Board in its discretion deems appropriate. ARTICLE XI Officers Section 1. Officers. The Officers of the Association shall be a President, a Vice President, a Secretary and a Chief Financial Officer. The Association may also have, at the discretion of the Board, one or more Assistant Secretaries, one or more Assistant Treasurers, and such other officers as may be -16- City Council 26 — 642 1/16/2024 appointed in accordance with the provisions of Section 3. One person may hold two or more offices, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as President. Section 2. Election of Officers. The Officers of the Association, except such officers as may be appointed in accordance with the provisions of Sections 3 and 5, shall be chosen annually by majority vote of the Board at its first regular meeting following the annual meeting of the Members or the election of Directors, and each shall hold his or her office until he or she shall resign or shall be removed or otherwise disqualified to serve, or his or her successor shall be elected and qualified. Section 3. Subordinate Officers. The Board may appoint, and may empower the President to appoint, such other Officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the Bylaws and as the Board may from time to time determine. Section 4. Removal of Officers. Any Officer may be removed by the Board with or without cause, at any regular or special meeting. Section 5. Resignation of Officers. Any Officer may resign at any time by giving written notice to the Board, or to the President, or to the Secretary. Any such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, acceptance of such resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the Association under any contract to which the Officer is a party. Section 6. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled in the manner prescribed in the Bylaws for regular appointments to such office. Section 7. President. The President shall be elected by the Board from among the Directors. He or she shall be the Chief Executive Officer of the Association and shall, subject to the control of the Board, have general supervision, direction and control of the affairs and Officers of the Association. He or she shall preside at all meetings of the Board, and shall have the general power and duties of management usually vested in the office of President of a corporation, together with such other powers and duties as may be prescribed by the Board or the Bylaws. Section 8. Vice President. The Vice President shall be elected by the Board from among the Directors. In the absence or disability of the President, the Vice President shall perform all the duties of the President and when so acting shall have all the powers of, and be subject to all the restrictions upon, the President. He or she shall have such other powers and perform such other duties as from time to time may be prescribed by the Board or the Bylaws. Section 9. Secretary. The Secretary shall be elected by the Board from among the Directors. The Secretary shall keep or cause to be kept at the principal office or such other place as the Board may order, a book of minutes of all meetings of Directors and Members, with the time and place of holding same, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Directors' meetings, the number of Members present in person or by proxy at Members' -17- City Council 26 — 643 1/16/2024 meetings, and the proceedings thereof. The Secretary shall keep, or cause to be kept, appropriate current records showing the Members of the Association, together with their addresses. He or she shall give, or cause to be given, notice of all meetings of the Board required by the Bylaws or by law, and shall have such other powers and perform such other duties as may be prescribed by the Board or by the Bylaws. Section 10. Chief Financial Officer. The Chief Financial Officer shall be elected by the Board from among the Directors. The Chief Financial Officer, who shall be known as the Treasurer, shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings, and other matters customarily included in financial statements. The books and records shall at all reasonable times be open to inspection by any Director or Member. The Treasurer shall deposit all monies and other valuables in the name and to the credit of the Association with such depositaries as may be designated by the Board. He or she shall disburse the funds of the Association as may be ordered by the Board, shall render to the President and Directors, whenever they request it, an account of all of his or her transactions as Treasurer and of the financial condition of the Association, and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. If required by the Board, the Treasurer shall give the Association a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of his or her office and for restoration to the Association of all its books, papers, vouchers, money, and other property of every kind in his or her possession or under his or her control on his or her death, resignation, retirement, or removal from office. ARTICLE XII Member Assessment Obligations and Association Finances Section 1. Description of Assessments to Which Owners Are Subject. Owners of Condominium Units within the Properties are subject to Annual and Special Assessments as described in the Declaration. Section 2. Checks. All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other Officer or Officers or such other person or persons as the Board of Directors may from time to time designate. Notwithstanding the foregoing, any withdrawal of funds from Association reserve accounts shall require the signature of two Directors or an Officer (who is not also a Director) and a Director. Section 3. Operating Account. There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all Regular and Special Assessments as fixed and determined for all Members. Disbursements from such account shall be for the general need of the operation including, but not limited to, wages, repairs, betterments, maintenance, and other operating expenses of the Properties. Section 4. Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purposes, including reserve accounts for replacement of capital improvements as set forth in the Declaration. All Association books of account shall be maintained in accordance with generally accepted accounting principles. -18- City Council 26 — 644 1/16/2024 Section 5. Annual Report. The Board shall cause an annual report to be furnished not later than 120 days after the close of the corporation's fiscal year to all directors of the corporation which report shall contain the following information in appropriate detail: (a) The assets and liabilities of the corporation as of the end of the fiscal year; (b) The principle changes in assets and liabilities during the fiscal year; (c) The revenue or receipts of the corporation both unrestricted and restricted to particular purposes for the fiscal year; (d) The expenses or disbursements of the corporation for both general and restrictive purposes during the fiscal year. The annual report shall be accompanied by any report thereon of independent accountants or if no such report the certificate of an authorized officer of the corporation that such statements were prepared without audit from the books and records of the corporation. ARTICLE XIII Other Required Disclosure to Members As required by law, the following reports and/or disclosures shall be made or provided to the Members in compliance with the deadlines set forth below: Section 1. Annual Statement of Association's Collection Policy. The Board of Directors shall annually distribute within 60 days before the beginning of the fiscal year a statement describing the Association's policies and practices in enforcing its remedies against Members for defaults in the payment of regular and special assessments, including the recording and foreclosing of liens. Section 2. Alternative Dispute Resolution (ADR) Disclosure. On an annual basis, the Board shall provide each Member the summaries required by Civil Code Sections 1369.590 and 1363.850. Section 3. Disclosure of Schedule of Fines or Other Monetary Penalties. If the Association adopts a schedule of fines for commonly recurring infractions of the Governing Documents or any other policy imposing a monetary penalty or a fee on any Member for violation of any Governing Document or the Association Rules, including any monetary penalty relating to the activities of a guest or invitee of a Member, the Board shall distribute the schedule or policy to the Members. This distribution obligation shall arise whenever such a schedule or policy is adopted or subsequently amended. Section 4. Avoidance of Duplication in Reporting Obligations. To the extent one document distributed to the Members under Article XII or this Article XIII provides the information required in more than one of the foregoing Sections of this Article and the time deadlines for proper distribution can otherwise be satisfied, any such requirements listed above may be satisfied by sending the Members the same document. -19- City Council 26 — 645 1/16/2024 ARTICLE XIV Miscellaneous Section 1. Inspection of Books and Records. (a) Member Inspection Rights. The Members' rights to inspect and copy Association records shall be governed by Civil Code Section 1365.2, or any comparable superseding statute. (b) Director Inspection Rights. Every Director shall have an absolute right, subject to applicable law, at any reasonable time to inspect all books, records, documents, and minutes of the Association and the physical properties owned by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. (c) Adoption of Reasonable Inspection Rules. The Board of Directors may establish reasonable rules with respect to (i) notice of inspection, (ii) hours and days of the week when inspection may be made, and (iii) payment of the cost of reproducing copies of documents requested by the Member. (d) Board Meeting Minutes. The minutes themselves, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of any meeting of the Board of Directors, other than the minutes of any executive session, shall be available to the members within 30 days following the meeting. The minutes, proposed minutes, or summary of the minutes shall be distributed to any Member on request and on reimbursement of the Association's costs of making that distribution. Members shall be notified in writing of the Members' right to have copies of the minutes of any Board meeting and how and where those minutes may be obtained. Section 2. Robert's Rules of Order. In the event of a dispute concerning the procedural aspects of any meetings which cannot be resolved by reference to these Bylaws or applicable law, the matter shall be resolved by reference to Robert's Rules of Order. Section 3. Amendment or Repeal of Bylaws by Directors and Members. (a) Amendment by Directors. Except as provided in this subparagraph (a), these Bylaws may be adopted, amended, or repealed ("changed") by the vote of a majority of all Directors. The right of the Directors to change these Bylaws shall not apply to any amendment that: (i) Changes the number of Directors (Corporations Code Section 7151(b)); (ii) Changes any provision pertaining to Directors who hold office by designation (Corporations Code Section 7220(d)); (iii) Changes any provision pertaining to the filling of vacancies on the Board which must, by the terms of these Bylaws, be filled by the vote of the Members; Section 7512); (iv) Changes the quorum requirements for membership meetings (Corporations Code -20- City Council 26 — 646 1/16/2024 Section 7613); (v) Change the Bylaws provisions governing the use of proxies (Corporations Code (vi) Establishes cumulative voting; (vii) Materially and adversely affects the rights of the Members as to voting, dissolution, redemption or transfer; memberships; or (viii) Increases or decreases the number of Members authorized in total or for any class; (ix) Effects an exchange, reclassification, or cancellation of all or part of the (x) Authorizes a new class of membership. (b) Amendment by the Members. Except as provided in subparagraph (a), above, these Bylaws may by adopted, amended, or repealed only by the affirmative vote of a majority of a quorum of the membership represented and voting at a duly held meeting at which a quorum is present or by ballot conducted in accordance with Article IV, Section 4. If any provision of these Bylaws requires the vote of a larger proportion or all of the Members, such provisions may not be altered, amended, or repealed except by such greater vote, unless otherwise specifically provided herein. Any amendment to these Bylaws shall become effective immediately upon approval by the Members. The Secretary of the Association shall certify adoption of any duly approved amendment to the Bylaws and a copy of said certificate and the amendment shall be included in the Association's corporate records. Section 4. Notice Requirements. Any notice or other document permitted or required to be delivered as provided herein may be delivered as provided for within Civil Code Section 1350.7. Section 5. Indemnification. (a) Indemnification by Association of Directors and Officers, Employees, and Other Agents. To the fullest extent permitted by law, the Association shall indemnify its Directors and Officers, employees, and other agents described in Corporations Code Section 7237, including persons formerly occupying any such positions, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any "proceeding" as that term is used in that Section and including an action by or in the right of the Association, by reason of the fact that such person is or was a person described by that Section. "Expenses," as used in this Section, shall have the same meaning as in Corporations Code Section 7237(a). (b) Approval of Indemnity by Association. On written request to the Board by any person seeking indemnification hereunder, the Board shall promptly determine in accordance with Corporations Code Section 7237(e), whether the applicable standard of conduct set forth in Corporations Code Section 7237(b) or Section 7237(c) has been met, and if it has, the Board shall authorize indemnification. If the Board cannot authorize indemnification because the number of Directors who are parties to the -21- City Council 26 — 647 1/16/2024 proceeding with respect to which indemnification is sought prevents the formation of a quorum of Directors who are not parties to the proceeding, the Board shall promptly call a meeting of Members. At that meeting, the Members shall determine under Corporations Code Section 7237(e) whether the applicable standard of conduct set forth in Corporations Code Section 7237(b) or Section 7237(c) has been met, and if it has, the Members present at the meeting in person or by proxy shall authorize indemnification. (c) Advancement of Expenses. To the fullest extent permitted by law and except as is otherwise determined by the Board in a specific instance, expenses incurred by a Director/Officer seeking indemnification under paragraphs (a) and (b) of this Section 5 in defending any proceeding covered by those Sections shall be advanced by the Association before final disposition of the proceeding, on receipt by the Association of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified by the Association for those expenses. (d) Insurance. The Association shall have the power to purchase and maintain insurance on behalf of its Directors and Officers against other liability asserted against or incurred by any Director or Officer, in such capacity or arising out of the Director's or Officer's status as such. Section 6. Construction and Definitions. Unless the context requires otherwise or a term is specifically defined herein, the general provisions, rules of construction, and definitions in the California Nonprofit Mutual Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, and singular number includes the plural and the plural number includes the singular. All captions and titles used in these Bylaws are intended solely for the reader's convenience of reference and shall not affect the interpretation or application of any of the terms or provisions contained herein. -22- City Council 26 — 648 1/16/2024 CERTIFICATE OF SECRETARY The undersigned, Secretary of the corporation known as CIVIC CENTER BUSINESS PARK OWNERS ASSOCIATION does hereby certify that the above and foregoing Restated Bylaws consisting of 22 pages, were duly adopted at a Special Meeting of the Board of Directors of said Association on � 9� 0 and that they now constitute said Bylaws. Dated: �f �•icad l�,�1 �� 2009 By: Orti2, 5ceretary -23- City Council 26 — 649 1/16/2024 Stradl ng Sean B. Absher 415 283 2242 sabsher@stradlinglaw.com December 6, 2023 VIA EMAIL Dr. Collin Felch Deputy Superintendent Vista Charter Public Schools 2609 West Fifth St. Santa Ana, CA 92703 Stradling Yocca Carlson & Rauth A Professional Corporation 44 Montgomery Street, Suite 4200 San Francisco, CA 94104 415 283 2240 stradlinglaw.com Re: Vista Charter School Phase IV; Conditional Use Permit Application; Civic Center Business Park Dear Dr. Felch: It is our understanding that Vista Charter Public Schools ("VCPS") has submitted a conditional use permit application ("CUP Application") to the City of Santa Ana concerning the Vista Charter School Phase IV project ("Project"). The Project is located on Parcel 1, Parcel 2 and Parcel 4 as legally described and shown in Parcel Map No. 84-886, filed in Book 198, Pages 19-20 of Official Records ("Parcel Map"). With respect to the CUP Application and Project, you have asked us to evaluate what rights, if any, are held by the owners of Building C and Building D within the Civic Center Business Park that would impair VCPS's right to develop the Project and process the CUP Application. In undertaking this evaluation, we have reviewed the original Declaration recorded April 19, 1985 as Document No. 85-240398 of Official Records, the First Amendment to original Declaration recorded January 3, 1986 of Official Records and the Second Amendment to original Declaration recorded August 10, 2016 as Document No 2016-000375684 of Official Records applicable to the formation, management and operation of the Civic Center Business Park (collectively, the "Materials"). Based on my review of the Materials, it is our opinion that the owners of Building C and Building D do not have any property rights in Parcel 1, Parcel 2 and Parcel 4 that would impair VCPS's right to develop the Property and process the CUP Application. First, pursuant to the First Amendment to original Declaration, Parcel 4 is no longer a part of the Civic Center Business Park. Accordingly, the owners of Building C and Building D do not hold any property rights in Parcel 4 that would impair the right of VCPS to develop the Project and process the CUP Application. Second, the owners of Building C and Building D do not hold any property rights to common area located within the Civic 4877i77ounce 26 — 650 1/16/2024 Dr. Collin Felch, Deputy Superintendent Vista Charter Public Schools December 6, 2023 Page 2 Center Business Park that is included within the Project. Based on our review of the CUP Application, the Project includes Civic Center Business Park common area that is designated "restricted common area" and set aside and allocated for the exclusive use of Building AB Owner" under Section 2.2.5 of the Second Amendment to original declaration. It is our understanding that VCPS is the owner of Building B and the owner of Building A supports the Project and CUP Application. We further note that Section 2.2.5 of the Second Amendment to original declaration goes on to state that "restricted common area shall constitute `exclusive use common area' within the meaning of Section 6550 of the Commercial Association Act." (Id.) Section 6550, subdivision (a) of the Commercial Association Act defines "exclusive use common area" to mean "a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests." Hence, the owners of Building C and Building D do not have any defined property rights in the exclusive use common area that is apart of the Project. Please let me know if you have any questions, or require further information. Very truly yours, STRADLING YOCCA CARLSON & RAUTH Sean B. Absher 4877i77ounce 26 — 651 1/16/2024 Stradl ng Sean B. Absher 415 283 2242 sabsher@stradlinglaw.com December 7, 2023 VIA EMAIL Dr. Collin Felch Deputy Superintendent Vista Charter Public Schools 2609 West Fifth St. Santa Ana, CA 92703 Stradling Yocca Carlson & Rauth A Professional Corporation 44 Montgomery Street, Suite 4200 San Francisco, CA 94104 415 283 2240 stradlinglaw.com Re: Vista Charter School Phase IV Project; Civic Center Business Park Dear Dr. Felch: This letter addresses the objections to the above referenced Project submitted by Angie Cano and Levi Cano (together "Cann") in a letter dated December 6, 2023 to the Board of Directors of the Civic Center Business Park Owners Association. We have listed below each of the five objections raised by Cano followed by our response. To summarize, we do not believe the objections have any merit. 1. Restrictions on Erecting Fencing. (Article VII, Section 7.3 of the CC&Rs, Page 27: Cano claims the referenced CC&Rs provision restricts the right of Vista Charter Public Schools ("VCPS") to erect fences as shown in the Project plans. We do not agree with the argument to the extent the argument is intended to reference fencing located within Building A/B exclusive use common area. Section 7.3 of the CC&Rs in relevant part states that "no parking spaces shall be fenced off." This provision is intended to prohibit owners of units at Civic Center Business Park from interfering with other owners' use of common area parking. As set forth in our December 6, 2023 letter, the CC&Rs were amended under Section 2.2.5 of the Second Amendment to CC&Rs to define common area parking appurtenant to Building A and Building as "restricted common area" for the "exclusive use of Building AB owner." (Emphasis added.) Cano cannot assert a claim that fencing located within Building AB exclusive use common area interferes with their rights as they have no use rights in Building AB restricted common area, including parking areas located thereon. 2. Reciprocal Easement Agreement: Cano claims the Reciprocal Easement Agreement explicitly prohibits the construction of barriers, Hsi i y ounce 26 — 652 1/16/2024 Dr. Collin Felch, Deputy Superintendent Vista Charter Public Schools December 7, 2023 Page 2 such as fences or walls and the Project would violate the Agreement. We disagree. The Reciprocal Easement Agreement grants to the owners of Parcel 1 and 2 non-exclusive easements for ingress and egress to public streets and highways and parking located on Parcel 3 and Parcel 4. Provided that the non-exclusive easements held by Cano are not impaired, nothing in the Reciprocal Easement Agreement prohibits the right of VCPS to develop the Project. 3. Unanimous Written Consent of Members Document June 9, 1993): Cano claims the referenced document delineates the shared common areas, including parking spaces, and the Project playground within the common areas "would infringe upon the rights and privileges of all unit owners." This is not correct. As discussed in our December 6th letter, the Second Amendment to the CC&Rs is the operative document concerning the rights of the owners of the Association to exclusive use common area that is appurtenant to Building A/B. As stated in our December 6t1i letter, Cano has no right to use any portion of Building A/B exclusive use common area, including the area of the proposed playground located on a portion of the exclusive use common area. 4. Correction Terminology misused by Legal Counsel paid by Vista Charter School: Cano claims that VCPS, through its legal counsel, has erroneously asserted that "Restricted Area" means "Ownership." It is Cano who misunderstands VCPS' position with respect to Building A/B restricted common area. VCPS has not asserted it "owns" the "Restricted Area." As set forth in our December 6th letter, the Second Amendment to CC&Rs in Section 2.2.5 altered the definition of a portion of common area on Parcel 1 and Parcel 2 that is appurtenant to Buildings A/B to mean "restricted common area" for the "exclusive use of Building A/B owner." (Emphasis added.) The ownership rights of Cano in Association common area is irrelevant. What is relevant with respect to VCPS's right to develop the Project is that Cano has no right to use restricted common area appurtenant to Building AB that is contained with the Project. 5. Potential Impact to the Community: Cano makes a claim that there are "practical implications" of the proposed Project in terms of health and safety that go beyond legal arguments based on provisions in the CC&Rs. Any health and safety issues concerning the Project will be addressed through the conditional use permit application process for the Project. This process will as a matter of law include reviewing the Project for compliance with the California Environmental Quality Act. ("CEQA"). Hsi i y ounce 26 — 653 1/16/2024 Dr. Collin Felch, Deputy Superintendent Vista Charter Public Schools December 7, 2023 Page 3 Please let me know if you have any questions, or require further information. Very truly yours, STRADLING YOCCA CARLSON & RAUTH Sean B. Absher Hsi i y ounce 26 — 654 1/16/2024 To Whom It May Concern, I am writing to express my strong support for Vista Global Academy's request for permission to expand their facilities to include a field for recreational purposes. My name is Juliana Saldivar, and I have been a long-time resident of the city of Santa Ana. As both a mother and an educator, I understand the crucial role that physical activity and outdoor space play in .children's development and overall health. I firmly believe that the children at Vista Global Academy deserve a safe and suitable place to exercise and engage in recreational activities. In the four years that my daughter has attended this school, I have had nothing but positive experiences and outcomes to share. One particular aspect of Vista Global Academy that has been instrumental in my daughter's well-being is the school's unwavering support for her, especially considering her struggle with anxiety. Among her challenges, my daughter finds crowded and loud spaces overwhelming. Currently, the gym on our campus can be both crowded and noisy, which can be difficult for children like my daughter who thrive in calmer and more open environments. An expansion that includes a field for recreational purposes would not only benefit my child but also many others who may share similar challenges or simply benefit from more space to play and exercise. Looking ahead to the next school year, I plan to enroll my youngest son at Vista Global Academy. Nothing would make me happier than knowing that both my daughter and son will have access to a wonderful campus with a field where they can grow,:learn, and enjoy a wide range of outdoor activities. I kindly request that you consider and grant Vista Global Academy the permission they seek for expansion. Providing a field for the children of Vista Global Academy would contribute to their overall well-being and create an environment where they can thrive academically and personally. Thank you for your time and consideration. Sincerely, Y,,� —J7 W�_z Juliana Saldivar (714)483-0531 City Council 26 — 655 1/16/2024 Jesus E. Montoya 3627 Aspen Village Way, Apt. A Santa Ana, Ca. 92704-8503 November 8, 2023 City of Santa Ana Planning Commission Chair Bao Pham, Vice -Chair Jennifer Oliva, Manuel J. Escamilla, Isuri S. Ramos, Carl Benninger, Alan Woo, Christopher Leo 20 Civic Center Plaza Santa Ana, Ca. 92701-4058 Dear Planning Commission, Thank you for accepting this letter of support for the Vista Global Academies building project and for your dedicated commitment of building considerations in our vibrant city. I am a native of Santa Ana and a long-time voting resident currently residing in Ward 4. Open green space is a valued amenity in our precious community of Santa Ana and highly needed for athletic activities by our youth. Vista Global Academies is a consistent partner providing resources to the greater Santa Ana community beyond educational services. To highlight a few, Vista Global Academies has open food drives that resonate city-wide with both perishable and non-perishable meal options. Additionally, Vista has hosted multiple health fairs, toy drives, usage of facilities by the Raya Foundation to provide evening basketball practices, and a multi school robotics competition that enhanced notoriety of Santa Ana's welcoming spirit and rich cultural heritages. Having a safe and enclosed outdoor field space for our Santa Ana youth compliments the formational education received daily within the confines of the Vista building. I can testify from my youth utilizing multiple parks in our city to play soccer, handball, skateboard, ride my bicycle, and play baseball with family were essential in having life long affirming experiences of why Santa Ana exemplifies being the seat of Orange County. Every youth in our community is equally deserving of having open air green spaces with affinity to our city. When my parents and I arrived to Santa Ana in May of 1975, we resided in a house that no longer exists at the intersection of West Fifth Street and North Hawley Street. Our playground was the abandoned Santa Ana Branch rail line that connected Santa Ana to Watts until 1950. Beautification has redefined Fifth and Hawley with the renovation of the Tiny Tim Plaza and the development of the OC Street Car adjacent to the Vista building. The Vista's building project will be an additional example of your valiant efforts to continue adding essential green space. Having a community garden to grow nurturing foods in addition to providing educational opportunities makes the open space a family experience. The Vista's building project is congruent with the City of Santa Ana's 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. Thank you again for your oversight of developments that contribute to our municipality such as the Vista's building project through the lens of the City of Santa Ana's Strategic Priorities of Community Safety, Modem Facilities & Infrastructure, Efficient City Services, Economic Diversification and Expansion. Council 26 — 656 1/16/2024 To whom it may concern, My name is Zoila Lubin, and Ilive in Ward 2. (1225 S. Douglas St. Santa Ana, Ca 92704). 1 am writing to support Vista Condor Global Academy's building project. My family has been with Vista Charter Schools for seven years. I am a proud parent of one Vista Ulimni and three current Vista students. I have an eighth grader, a second grader, and a kindergartner attending Vista. My favorite. thing about Vista is the community and the respect for what parents need besides their excellent curriculum. I have been with Vista through all of its major construction, and throughout all this time, we, the parents, have always desired an outdoor environment for our children. This expansion will allow my children to have an outdoor playground, play soccer outdoors, and finally have the full spectrum of safety all Santa Ana students deserve with the fencing planned. The school can continue hosting community events with safety and proper facility space. This building plan includes a safety fence around the back of the school. This fence will help keep homeless people out and away from children. I also know that the school will be bringing its district offices to the City of Santa Ana, and as a Santa Ana resident, I know this benefits our community. The district office will have a community garden where all Vista students can learn about gardening and botany. This garden will also help the surrounding community increase its green space. The beautification of this space will further bring parents who benefit from the school's food pantry and community garden and give Fairview St. another beautiful building Sa k.,IL / IAVUI IUI LV - riot 1 / 1 V/LVL'+ Stephanie Reyes 3743 W. Washington St. Santa Ana CA. 92706 714-788-9357 11 /7/2023 To Whom it may concern, I am writing to express my wholehearted support for Vista's building project and to emphasize just how vital this endeavor is for our beloved school and the community it serves. As a member of the Vista community, I have witnessed firsthand the tremendous contributions that Vista has made to our neighborhood. The dedication of the school to not only providing quality education but also to actively engage in community service initiatives like food drives, health fairs, and resources fairs for parents is truly commendable. These efforts have touched the lives of many in our community and have been instrumental in addressing some of the critical needs we face. However, there is one aspect that I believe would significantly enhance the educational experience at Vista — the creation of safe, enclosed outdoor field space for our children. Every child deserves green space and fresh air, and this is especially important for their physical and emotional well-being. With the challenges that modern students face, it is imperative to offer them an environment where they can explore, exercise, and connect with nature. The lack of such outdoor spaces has consequences on their development, including reduced physical activity and opportunities for social interaction. By supporting the building project that includes outdoor spaces, we are not only providing our students with essential resources for growth, but we are also making our community more beautiful and inclusive. Transforming a previously run-down area into modern City Council 26 — 658 1/16/2024 amenities demonstrates our commitment to progress and the betterment of our neighborhood. This not only uplifts the spirits of those within the Vista community but also attracts more families and investment into the area, thus enhancing our community's overall appeal. Additionally, I would like to stress the importance of incorporating a community garden into this project. A community garden can serve as a symbol of growth and nurturing, not only of plants but also of the people within our community. It offers an opportunity for education about sustainable practices, food cultivation, and healthy eating habits. This is especially important in today's world where understanding where our food comes from and promoting self-sufficiency is critical. In conclusion, I want to reiterate my strong support for Vista's building project and the inclusion of safe outdoor spaces and a community garden. These additions will not only benefit the students of Vista but will also contribute to a more vibrant and beautiful community. I believe that our collective efforts can make a positive difference and create a lasting impact on the lives of the people we serve. Thank you for your time and consideration. I look forward to witnessing the positive changes that this project will bring to Vista and our community as a whole. Sincerely, Stephanie Reyes City Council 26 — 659 1/16/2024 November I5, 2023 To Whom It May Concern, My name is Madalyn Wright and I serve as the Site Coordinator for Think Together at our Vista Heritage site. I am writing to you to express my support and excitement in the possibility of transforming part of the back parking lot into an outdoor space for the students. For some background about me, I recently graduated from Chapman University with a BA in Integrated Educational Studies. I have always known that I wanted to work in education and help to influence children as they navigate growing up. I have worked with Think Together for a little less than a year, with my host site being Vista Global Academy. As an organization, Think Together works to "Change the Odds for Kids" by providing free before and after school programs for students. Throughout my time at this site, I have worked in all aspects of our program. I began as a before school program leader, then moved to work as a full time program leader for our summer program, and began this year as the Assistant Site Coordinator. These experiences allowed me to not only get to know the students, but become more familiar with the school itself. One main takeaway from this is the need for a safe outdoor space for -these students. During the summer, we were able to take students on field trips: one in particular being a community park. Seeing the difference in the middle schooler's mood and behavior from playing outside and getting fresh.air helped to put things in perspective. Transitioning into this year, the students began a gardening club using the small community garden in our parking lot. Through the help of the schooI's after school coordinator, I was able to send my students from the program to join the club. They love the chance to get outside and learn more about the process of growing their own food. Needless to say, these activities are the highlight of my students' day. Some of my best memories from my elementary and middle school days happened during outdoor recess and organized activities. Having the privilege to help make that possible for these students is something I am proud to be a part of Vista Global Academy offers resources to both students and families in all aspects of their lives.. This not only ensures the ability for families to feel supported, but allows for students to excel both inside and outside of the classroom. This being said, the lack of outdoor space has only hindered forward progression. While Vista has done an amazing job of adapting to the resources they do have, the addition of a safe, sectioned -off outdoor space for these students would benefit the community as a whole. Best, Madalyn Wright Think Together Site Coordinator: Vista Heritag City Council ' 26 — 660 1/16/2024 Leon Raya, President & Co-founder Pearl Raya, Vice -President and Co -Founder Susie Gray, Secretary, Sandy Aguilar, Director Josh Jogwe, Director Lisa Silva, Director Abraham Hernandez, Director Norma Haro, Director Joe Haro, Director Jacob Gray, Director Roman Reyna Honorary Director Principal, Lisa Solomon Honorary Director Aaron Raya Honorary Director November 14, 2023 Jocelyn Guerra--Chacon Community Coordinator Vista Heritage Global Academy 2609 W. Sth St Santa Ana, CA, 92703 Dear Ms. Guerra-Chacon: .v 'Ris* Above Your R.A.7A. FOUNWCfION "afoundation.org RAYA FOUNDATION-501CA California Public Benefit Corporation EIN##46-0646242 C3U9874 941 Sharon Road The RAYA Foundation is pleased to write this letter of support for the Vista/Condor/Heritage (Vista) project to expand their back parking lot and transform it into a fenced outdoor field, black top area and community garden for the students and community. Vista has been a community partner v -ith the RAYA Foundation for the last three years. They have graciously allowed us to use their gymnasium facility for RAYA Foundation programs including, sports clinics, leagues, family events and parent education gatherings. We support the addition of the needed outdoor space. We have participated with Vista in community- fairs and this project would allow those opportunities to expand. Santa Ana is deficient in green space and this project would transform the area into an uplifting community amenity. Of particular excitement is the planned community garden and a place where the students can play and enjoy the outdoors. Vista has done a great job engaging the Santa Ana community and providing service. This project nor only will enhance their school but will be a community asset. If you have any questions we can be reached by email at 1praya@pacbell.net or at 714-313-1030. Sincerely, Pearl Raya �J Co -Founders RAYA Foundation Leon Raya City Council 26 — 661 1/16/2024 r. Ab;1�1. - Dear Planning Committee, I'm a Santa Ana resident and a staff member at Vista Global Academy. I live in Ward 5. I'm supporting Vista's building project because I feel that the students need a space to enjoy the outdoor environment and explore nature. I appreciate Vista as a school because each classroom is named after a country and the stairway has hello written in the country language. Engaging the students in a global orientation helps the students know more about the country. Vista has done so much for the community. For example, having food drives, toy drives and resource fairs, dental services for students, ect. Many families attend the food drives every Saturday morning and last Friday of the month. The food drive benefits so many families in the Vista community by giving out frozen meat patties, fresh fruit and vegetables. Also, a special box program every last Friday of the month. Having the parents engage and learn more about student school by coming in and having a coffee with the principals. Parents can ask questions about the school or how they can help their student outside of school. I want Vista to have a safe, enclosed outdoor field space for the students to have fresh air and a mindful environment to mentally prepare themselves for class. Embracing the liberty that the students don't have in a school site to spend time with friends enjoying the outdoor environment. Having an outdoor field space will encourage students to join a sport or even have a spot to play a sport that can't be played indoors. Having a community garden will benefit the students a lot because it shows the effort each student City Council 26 — 662 1 /16/2024 puts in when they water the fruit and vegetables. Each student works super hard to maintain the garden looking beautifully and healthy. Having Vista Charter Public School District Offices will give more space and place for the workers to concentrate. Vista will be enjoyable and a good mindset with a community garden and outdoor field. Sincerely, Maria Pacheco lftiv�o f. City Council 26 — 663 1/16/2024 To Whom It May Concern, I am writing to express my strong support for the proposed expansion plans of Vista Condor Global Academy and Vista Heritage Global Academy. As a parent of four children, two of whom currently attend Vista Condor and one at Vista Heritage, I have witnessed first-hand the exceptional educational environment these institutions provide. What sets these academies apart is not just their academic excellence but the sense of community and enthusiasm for learning they instill in students. My children are consistently excited about attending school, a sentiment that was rare in my own experience with traditional public schooling. Their eagerness is a testament to the nurturing and engaging atmosphere fostered by the dedicated staff and administration. A key aspect of this excitement stems from the planned expansions. These include a vegetable garden and restructured outdoor spaces, which promise to enrich the students' educational experience even further. These additions are not merely physical enhancements but represent a commitment to holistic education, promoting environmental awareness, physical well-being, and practical learning opportunities. As a parent, the logic behind these expansions is clear and compelling. They reflect a forward -thinking approach to education that our community needs. However, I understand that such projects require broader support and approval. I urge you to consider the impressive achievements of these academies, despite their current spatial limitations. With the proposed expansions, I am confident they will elevate their educational offerings to new heights, benefiting not just current and future students but our community as a whole.. In conclusion, I strongly advocate for the approval of the expansion plans for Vista Condor and Vista Heritage Global Academies. This development is not just an investment in the schools but in the potential and future of our children and community. Thank you for your time and consideration. Sincerely, Beethoven Lubin, 1//i7/zvz3 City Council 26 — 664 1/16/2024 . Pedro Miranda Ward 2 To whom it may concern, I am a lifelong resident of Santa Ana writing on behalf of Vista Charter Global Academy to advocate for the expansion of a back gated area and a community garden. I believe VCGA should be allowed to expand because the extra space is'needed. The backlot could be a multifunctional space that students could use. The backlot can be used for the garden, it can also be used for students to go and take a break/do work in. Having an open space where students can go and be one with nature could have benefits to students' mental well-being. A back gated area could be extra protection for students having no sort of barrier from the back doors to the alley makes the school and students susceptible to dangers. Something I really value about Vista is their philosophy of restoration instead of punishment. Young individuals from low-income neighborhoods are subjected to higher chances of being incarcerated, these chances are heightened when those students are students of color, immigrants, or in dysfunctional households. This is sadly the reality many of our own students at Vista Charter face. It might seem obtuse to think that extra space and a community garden can do much to change these realities but yet it can. If students see that their schools and community are being invested in and progressing they feel special. A school garden can help regulate high emotions that can be experienced inside a classroom. Many students get overstimulated being inside a classroom for so long. Being in a garden helps them relax. A community garden will also help students connect with nature, provide hands-on learning, take a breath from the indoor classroom, practice mindfulness of oneself and take care of nature while exploring and learning about soil health, insects, life cycles of animals and plants. Community gardens bring communities together and even invite parents to be more involved, their is a high amount of parents that become engaged in maintaining the garden and learning about planting. In conclusion, I believe the expansion of Vista and the building of a back gate and community garden will be beneficial to students, parents, and staff. It will help students have a space that it's outside the classroom and still engages in learning. It will help build community and get them engaged in our school as well. A back gate provides extra security from keeping individuals that are not supposed to be in campus outside and keeping our students and staff members more safe. City Council 26 — 665 1/16/2024 Dear Santa Ana Planning Committee, My name is Kimberly Cortez, I am a staff member.at Vista Global Academy. I live in Ward 5. Here are a few reasons why I feel like Vista will benefit from this expansion. Having Vista Charter Public School district offices so close to our school will make sure if we have any ideas or district meetings we will be able to have access to these offices faster and more efficiently. Vista as a whole has done so many wonderful things for the community like food drives every Friday, as well as toy drives and dental services far the kids. Students will be able to use the enclosed green space safely and it will keep kids safe from cars and strangers. I as a Teaching Assistant know that sometimes kids just need a breather just as much as us adults do so having this green space to step outside and get some fresh air and Vitamin D from the sun would really benefit students. Aside from these wonderful improvements to the school also adding a community garden will make the space much nicer and make a pretty run down area more attractive and modern. Apart from adding a new green space there will also be a new blacktop area that will encourage kids to join sports. The black top will also be used as our area for parent pick up and drop off which will make it safer for students to be picked up and dropped off at school. The safety and well being of our students is number one priority. I hope you will consider this amazing expansion to our school. Thank you for your time and consideration, Sincerely, Kimberly Cortez City Council 26 — 666 1/16/2024 Michael Allaway 2609 W 5th St Santa Ana, Ca 92703 mallawa}(@vistacharterps. ora 951-897-1423 1 November 2023 Dear Members of the Vista City Planning Commission, am writing to express my wholehearted support for the proposed expansion of our school, Vista Global Academies, which includes the addition of a field, blacktop, and community garden. As a teacher, sports coach, and full-time resident of Santa Ana, this project represents an invaluable opportunity to provide our current students with access to the outdoors, green space, and fresh air, while also creating a safe and enclosed. outdoor environment. l firmly believe that this expansion will be a positive and transformative addition for our school community, as well as the broader Artesia Pilar neighborhood. First and foremost, I would like to convey our deepest gratitude for Vista's mission to provide a transformative, global. experience for students. As a school dedicated to serving students from low-income backgrounds, Vista's commitment to empowering and enriching the lives of those who may face unique challenges is both commendable and inspiring. The impact of Vista's work extends far beyond the classroom, shaping the future of our community for the better. Approving the expansion of our school would enable our students to have more outdoor, global -based opportunities, such as allowing for sports to be authentically practiced and conducted, a community garden to be maintained, and an opportunity for our students to engage in classroom simulations outdoors, all of which are currently compromised. It will offer a safe and inviting space for our students to enjoy the outdoors, encourage physical activity, and host outdoor school and community events. Thus, in a world where the importance of outdoor spaces for learning and recreation is increasingly recognized, this expansion will not only enhance the well-being of our students but also the surrounding community. Artesia Pilar, the neighborhood in which our school is situated, faces challenges, including homelessness, heavy traffic, and close proximity to industrial zones. The addition of these outdoor facilities can play a pivotal role in beautifying our immediate surroundings. By providing our students with a well -maintained, enclosed space for recreation, we hope to foster a sense of pride and ownership in the area. This can contribute to a positive transformation of our neighborhood, offering a welcome respite from the challenges it currently faces. In conclusion, we believe that the proposed expansion is not just about adding physical spaces but creating opportunities for our students to thrive and for our community to flourish. By approving this project, the Vista City Planning Commission has a chance to make a significant and lasting impact on the fives of our students and the neighborhood of Artesia Pilar. We kindly request your support and approval for this project, which emb dies the shared values and aspirations of our school and the city of Vista. We look forward to workin together to make this vision a reality and continue our mission of providing a global and transformative experience to the students we serve. Thank you for your time, consideration, and dedication to making our community a better place. City Council 26 — 667 1/16/2024 Sincerely, Michael Allaway 8th Grade English Teacher Cross Country Coach Full -Time Santa Ana Resident City Council 26 — 668 1/16/2024 Subject: Strong Endorsement and Support for Vista's Building Project Dear Santa Ana Planning Committee, I hope this message finds you well. I am writing to express my wholehearted support for Vista's upcoming building project. As a member of the community and Vista Staff member, I have witnessed the positive impact Vista has had on children's education and our neighborhood as a whole. Vista has been more than just a school or job to me; it has been another home to me filled with wonderful co-workers and families that are constant reminders of why I fell in love with. Santa Ana after moving here 10 years ago. This place was built and started by people who sought more for their children and their community. The commitment to excellence in education, the nurturing environment, and maintaining the sense of community at Vista has truly been a labor of love. The school's dedication to providing a holistic educational experience is reflected not only in the classroom but also through various community projects and events. I have had the joy of helping with the numerous outreach programs and events organized by Vista for the betterment of our community. From our weekly Vista Food Pantry and health fairs to resource fairs for parents, Vista consistently goes above and beyond to address the diverse needs of its students and their families. Such initiatives not only strengthen the bond within the community but also contribute to the overall well-being of its members. One aspect that I believe deserves special attention is the need for safe, enclosed outdoor field space for our children. Every child deserves access to green space and fresh air, and i am confident that incorporating such areas into Vista's expansion project will have a profound positive impact on the students' physical and mental well-being. Research consistently highlights the importance of outdoor spaces in enhancing cognitive abilities, reducing stress, and fostering a sense of community among students. Moreover, transforming the currently urban areas into beautiful, modern amenities will not only uplift the school but also enhance the overall aesthetics of our community. This project has the potential to be a catalyst for positive change, turning neglected spaces into vibrant, inviting areas that contribute to the overall charm of our neighborhood. City Council 26 — 669 1/16/2024 in line with the emphasis on outdoor spaces, I would like to stress the importance of allowing us to develop our space to expand our Vista Community Garden. Our community garden not only provides a space for nurturing and growing food but also serves as an educational tool, teaching our children valuable lessons about sustainability, responsibility, and teamwork. In conclusion, I urge you to throw your full support behind Vista's building project. By doing so, we are not just investing in a school, we are investing in the future of the community our families and staff have created. Thank you for considering my thoughts, and I look forward to witnessing the positive transformations that will undoubtedly result from this initiative. Sincerely, Liza Hernandez Vista Afterschool Coordinator Ihernandez@v.istacharterps.org 661-374-9105 City Council 26 — 670 1/16/2024 Planning and Building Agency www.santa-ana.org/planning-division/ Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update AGENDA TITLE Ordinance Amendment No. 2023-04 Amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC) Addressing Applicability of Ordinance to Specific Development Amendments; Ordinance Amendment No. 2023-05 to Update Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC Addressing Eligibility for Permits for the Sale of Safe and Sane Fireworks; and Zoning Ordinance Amendment No. 2023-04 to Update Chapter 41 (Zoning) of the SAMC Addressing Wireless Communication Facilities, Billboards, Hotels, General Restrictions, and Definitions. Published in the Orange County Reporter on January 5, 2024. RECOMMENDED ACTION 1. Approve first reading of an ordinance amending Article 11.11 of Chapter 2 (Sunshine Ordinance) of the SAMC addressing applicability of ordinance to specific development amendments. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-24 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS 2. Approve first reading of an ordinance amending Chapter 14 (Fire Protection and Prevention and Emergency Services) addressing eligibility for permits for the sale of safe and sane fireworks. ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS 3. Approve first reading of a zoning ordinance amending Chapter 41 (Zoning) of the SAMC addressing wireless communication facilities, billboards, hotels, general restrictions, and definitions. City Council 27 — 1 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 2 ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS 4. Determine that, pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of these Ordinances is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the 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 CEQA Guidelines. As a result, Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of these ordinances. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City periodically reviews and identifies updates to the SAMC in response to public health, safety, and general welfare as well as changes to state and federal laws. Staff recently evaluated certain sections of the SAMC and identified the need for changes to Chapter 2, Chapter 14, and Chapter 41 (Zoning). On December 11, 2023, the Planning Commission voted unanimously (Commissioner Ramos absent) to recommend that the City Council approve the proposed amendments to Chapter 41. Because the proposed amendments to Chapter 2 and Chapter 14 do not implicate the Zoning Code, Planning Commission review and recommendation was not required. On the following page, Table 1 describes the existing and proposed regulations. The proposed changes would apply citywide. Table 1: Current and Proposed Text Regulations Topic Existing Regulations Proposed Regulations Sunshine Ordinance The current ordinance applies to Add text to include specific development development projects requiring a zone amendments to the list of development change, specific plan amendment, or projects to which the ordinance applies, general plan amendment. making the ordinance consistent with existing staff implementation practices. The ordinance does not include amendments to specific development plans, which are equivalent to amendments to zoning districts. The City Council 27 — 2 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 3 Topic Existing Regulations Proposed Regulations proposed amendment will provide clarification, making the Sunshine Ordinance applicable to projects proposing a specific development amendment. Safe and Sane Permits for the sale of safe and sane Incorporate text to clarify that: Fireworks Sales fireworks are limited to nonprofit 1. Schools with affiliated organizations organizations with their principal and nonprofit organizations must be meeting place within the City. located within city limits to obtain a permit to sell fireworks. The ordinance lacks specificity and 2. Permits be limited to those benefitting the edit is needed to clarify that the the Santa Ana community and have sale of safe and sane fireworks is 75% of their members residing within limited to those who serve the Santa city limits. Ana community. Wireless Conditional use permits for major Revise the SAMC to assign the Communication wireless communication facilities expire Executive Director of Planning and Facilities after ten (10) years and must be Building the authority to administratively renewed by approval of a new extend the original conditional use conditional use permit by the Planning permit subject to verification that the Commission. facility continues to comply with Chapter 41 and the original conditions of Such a process unnecessarily delays approval. approvals and adds costs for applicants. Billboards The separation between billboards is Revise the SAMC to specify that the 1,000 feet. The separation between minimum separation requirement billboards is one -thousand (1,000) applies to billboards located on the feet. same side of the freeway The zoning code does not clarify whether the distance applies to billboards on the opposite or same side of the freeway. Hotels/Motels The SAMC, Specific Plans, and 1. Establish standards for Specific Developments currently permit hotels/motels, hotels/motels with approval of a 2. Add a definition for "full service conditional use permit in specified hotel," locations. However, there are no 3. Permit full service hotels in specified codified standards for hotels. zones wherein commercial, mixed - Furthermore, some locations are well use, or professional office uses are suited for full service hotels, which principally permitted, and should be permitted by right. Establish standards for full service hotels. These regulations create uncertainty for developers, a challenging rocess City Council 27 — 3 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 4 Topic Existing Regulations Proposed Regulations for staff, and constrain opportunities for economic development. General Restrictions The SAMC currently states that any Add text to clarify that all uses defined in building or land use shall not be used the zoning code are prohibited unless for any purpose other than that which is they are expressly permitted. permitted in the district. This regulation leaves ambiguity and the additional sentence is intended to clarify that uses not expressly permitted are prohibited. Definitions Currently, the definitions section Remove duplicative definitions. includes duplicative definitions. The proposed updates are discussed in more detail below. Chanter 2 - Sunshine Ordinance Public input is a valuable part of the discretionary approval process and the City encourages public input through the City's Sunshine Ordinance. Currently, the Sunshine Ordinance applies to certain development projects requiring a zone change, specific plan amendment, or general plan amendment. Specific development regulations apply use and development standards for properties within the specific development plan boundaries, functioning as the zoning district in cases where there is not another applicable zoning district for the property. Amendments to specific development plans are equivalent to amendments to zoning districts. Therefore, the proposed amendment will provide clarification and codify current practices by staff that require Sunshine Ordinance applicability to projects proposing a specific development amendment. Chapter 14 — Permits for Safe and Sane Fireworks The current fireworks ordinance limits permits for the sale of safe and sane fireworks to be issued to nonprofit organizations with their principal meeting place within the City. The proposed amendments would require schools with affiliated organizations and nonprofit organizations to be located within city limits. In addition, the amendments would require that nonprofit organizations be limited to those primarily benefitting the Santa Ana community and have 75% of the members residing within city limits. The purpose of the amendment is to provide firework permits only to those organizations that serve the Santa Ana community and limit the permits to those organizations that have a principal meeting place within the City. City Council 27 — 4 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 5 Chapter 41— Wireless Communication Facilities, Billboards, Hotels, and Clean Up Items In an effort to clarify language, improve procedures, establish high -quality development standards, and create a user-friendly environment for residents and the business community, the Planning Division is proposing revisions to various sections of the Zoning Code. Wireless Communication Facilities Pursuant to sections 41-198.3(b) and 41-198.13 of the SAMC, major wireless communications facilities require approval of a conditional use permit (CUP) and are required to be renewed every 10 years. In reviewing and processing CUP renewals for wireless communications facilities, the City must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits. At present, CUP renewals for wireless communication facilities must first submit an application for review by the City's Development Review Committee before an application for CUP renewal can be filed, as is the case with all discretionary actions. Once filed, the CUP renewal application request is considered for approval by the City's Planning Commission. Considering the Middle Class Tax Relief Act limits local governments' ability to impose additional conditions of approval on renewals and that facilities' location, height, design, and stealthing were all reviewed under the initial entitlements, the multi -level review and application process that is appropriate for a new facility is onerous for a renewal and not responsive to the current regulatory framework. Recognizing the onerous nature of the renewal process, the Planning Commission expressed a desire to delegate decision -making authority to the Executive Director of Planning and Building. Amending Section 41-198.13 of the SAMC will establish an administrative review process by which the Executive Director of Planning and Building may extend approvals of CUPs for major wireless facilities, provided the site and facility remain in compliance with conditions of approval of the original entitlement. The proposed administrative renewal, if approved, would be valid for ten (10) years, and could be extended for additional ten (10) year periods thereafter upon verification that the site and facility continue to comply with the conditions of approval and the Zoning Code. Billboards Table 41-1131 currently requires a minimum separation between billboards, but it does not address whether the separation requirement applies to billboards on the opposite or same side of the freeway. The proposed amendment to Table 41-1131 will specify that the minimum separation between billboards is applicable to billboards on the same side of the freeway. City Council 27 — 5 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 6 Hotels/Motels The zoning code currently defines hotels/motels. However, it does not establish applicable development, design, or operational standards. Staff proposes to establish standards that will apply to all hotels/motels. Examples include, but are not limited to, landscaping, drop-off zones, minimum use of building materials other than stucco, pedestrian protections and improvements, noise attenuation, crime prevention, and management. In an effort to promote development of highly amenitized, full service hotels, staff proposes creating a new use and definition for "full service hotels" and permitting these types of hotels by right in zoning districts where other uses with similar impacts are already permitted by right when they: • Complement and enhance community character, • Are designed and operated in a manner that protects public health, safety, and general welfare, • Meet local design standards, and • Contribute to the local economy. Additionally, the definition will require that these types of hotels provide at least one full service restaurant of not less than 2,500 square feet and four additional amenities including a fitness center, an assembly area, a swimming pool, and regular shuttle service to regional destinations. Full service hotels will be subject to the standards applicable to "hotels/motels" in addition to newly established standards specific to "full service hotels" that include architectural and design elements, minimum housekeeping schedules, and lobby requirements. Together, the amenities required by the definition and applicable design, development, and operational standards are intended to promote economic activity by streamlining permitting and development of these highly amenitized, full service hotels in activity nodes of the City while mitigating any potential impacts to surrounding uses. Table 2 below illustrates which zoning districts currently permit hotels by right and subject to a CUP. The table also illustrates in which zoning districts the proposed ordinance would permit full -service hotels by right and hotels/motels subject to a CUP. City Council 27 — 6 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 7 Table 2: ZOA No. 2023-04 — Current and Proposed Hotels/Motels and Full -Service Hotels Uses Permitted Zoning Districts Hotel/Motel Full -Service Hotel Current Proposed Proposed Professional P - CUP P Community Commercial(Cl)CUP No Change P Community Commercial -Museum District(Cl-MD) CUP No Change P Arterial Commercial C5 CUP No Change P Commercial Residential CR CUP No Change P South Main Street Commercial District C-SM CUP No Change P Metro East Mixed Use Overlay Zone (MEMU) Village Center P - P Active Urban P - P Office CUP - P Harbor Corridor Mixed Use Transit Corridor Specific Plan (SP2) Transit Node P No Change - Corridor P No Change - MainPlace Specific Plan SP4 P No Change - Specific Development No. 43 (The MacArthur Place District Center P No Change - Specific Development No. 84 (Transit Zoning Code) Transit Village P No Change - Downtown P No Change - Urban Center P No Change - Corridor P No Change - Specific Development No. 8 Zone II P - P Zone III - - P CUP: Permitted Subject to Approval of a Conditional Use Permit P: Permitted by -right - : Not permitted General Restrictions The City employs a permissive zoning ordinance. A permissive zoning ordinance lists all the uses that are permitted within a given district and everything that is not specifically listed is prohibited. SAMC Section 41-190 (General Restrictions) establishes that "no building shall be erected, reconstructed, or structurally altered except in conformance to the provisions contained herein; nor shall any building or be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located." Staff proposes adding a sentence to clarify that all uses defined in Division 2 of Article 1 of the SAMC not expressly permitted are prohibited. City Council 27 — 7 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 8 Definitions In reviewing Chapter 41 of the SAMC, two sets of duplicative definitions were identified. One pertained to long-term stay business hotels and the other pertained to transient/residential hotels. Staff proposes to remove the duplicative definitions. GENERAL PLAN CONSISTENCY The proposed modification to Chapter 2 of the SAMC is consistent with the City's General Plan. Provisions for public input on specific development amendments will enable community members to participate in the decision -making process, consistent with Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to facilitate community engagement. The proposed modification to Chapter 14 of the SAMC is consistent with the City's General Plan. By limiting issuance of permits for safe and sane fireworks, the City may minimize risk, consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to preserve a safe and secure environment. The modification is also consistent with General Plan Community (CM) Element Goal CM-3, Policy CM-3.5 (Community Spaces), which is intended to encourage positive community interactions and neighborhood pride and promote safe public spaces. The proposed modifications to Chapter 41 (Zoning) are consistent with the City's General Plan. The streamlining of the approval process for extending wireless communication facilities will reduce costs and expedite development, consistent with promotion of business friendly practices included in General Plan Economic Prosperity (EP) Element Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process). The clarification of incompatible uses in the General Restrictions section promotes land use compatibility, consistent with General Plan Land Use (LU) Element Goal LU-1 (Grow Responsibly), Policy LU-1.1 (Compatible Uses). The revised billboard standards will minimize detrimental visual impacts in accordance with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment). The introduction of hotel standards and the facilitation of full -service hotel development align with objectives in Land Use Element Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending) and Policy LU- 2.4 (Cost and Benefit of Development). The policies encourage a range of commercial uses to capture local spending, balance development benefits, promote the city's image, and encourage streamlined development processes, respectively. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the 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 City Council 27 — 8 1/16/2024 Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 9 "project," as defined in Section 15378 of the CEQA Guidelines. As a result Environmental Review Nos. 2023-115, 2023-125, and 2023-126 will be filed upon adoption of this ordinance. FISCAL IMPACT There is a direct fiscal impact associated with this action. Establishing a new permit type for extension of wireless communication facility CUPs will result in additional costs to the City from administration of the ordinance. Consequently, and consistent with past practices for similar amendments, staff will bring forward a resolution establishing a new Miscellaneous Fee to recover costs at a future meeting following adoption of the subject ordinance amendments. EXHIBITS 1. Ordinance for OA No. 2023-04 (Sunshine Ordinance) 2. Ordinance for OA No. 2023-05 (Fire Protection and Prevention and Emergency Services) 3. Ordinance for ZOA No. 2023-04 (Zoning) 4. Copy of Public Notice Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager City Council 27 — 9 1/16/2024 ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created. B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines. C. In 2023, City of Santa Ana ("City") staff reviewed the Sunshine Ordinance and identified the need to clarify applicability to add specific development amendments. C. Ordinance Amendment No. 2023-04 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies. D. The proposed amendment is consistent with the General Plan of the City. Modification to the section regarding public input through community meetings prior to discretionary approval is consistent with General Plan Land Use (LU) Element Goal LU-3 (Compatibility of Uses), Policy LU-3.2 (Empower Community), which seeks to "facilitate community engagement and dialogue in policy decisions and outcomes affecting land use and development." By clarifying applicability to include specific development amendments, the City enables public input opportunities during the discretionary approval process. E. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-04. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and MMIdilutj Mt xxx City Council 27 — 10 1/16/2Q41 of Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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 CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-125, will be filed upon adoption of this ordinance. Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows: Sec. 2-153. — Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one (1) or more of the following criteria: (1) City -sponsored development projects; (2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one (1) or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal;_ (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4) Development projects requiring a zone change, specific plan amendment, specific development amendment, or general plan amendment. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. InidiiidiiUU MS xxx City Council 27 —11 1/1 6/2Q42 of 4 Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Jose 'Montoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: 2024. MMIdilutj Mt xxx City Council 27 — 12 1/16/2W43of4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana MMIdilutj Mt xxx City Council 27 — 13 1/16/2W44of4 ORDINANCE NO. NS-XXX ORDINANCE AMENDMENT NO. 2023-05 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 14 (FIRE PROTECTION AND PREVENTION AND EMERGENCY SERVICES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SAFE AND SANE FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On an ongoing basis, City of Santa Ana (City) staff review and analyze various chapters of the Santa Ana Municipal Code (SAMC). In an effort to protect public health, safety, and welfare, the Building Safety Division is proposing revisions to the Municipal Code. B. Ordinance Amendment No. 2023-05 amends Chapter 14 (Fire Protection and Prevention and Emergency Services), and Section 14-56 (Permits, issuance) addressing issuance of permits for safe and sane fireworks. C. The amendments will enable the City to implement a regulatory framework and clarify eligibility criteria to be issued a permit for the sale of safe and sane fireworks. D. The amendments are consistent with the General Plan of the City. Modification to the permits section pertaining to fireworks is consistent with General Plan Public Services (PS) Element Goal PS-2 (Public Safety), which seeks to "preserve a safe and secure environment for all people and property." By limiting issuance of permits for the sale of safe and sane fireworks, the City may minimize risk. E. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2023-05. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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 CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-126, will be filed upon adoption of this ordinance. Ordinance No. NS-XXX City Council 27 — 14 1/Mga214of 4 Section 3. Section 14-56. Permits, issuance of Chapter 14 of the SAMC is hereby amended to read as follows: Sec. 14-56. Permits, issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only tom organizations officially affiliated with and officially recognized by an elementary school, middle school, high school, community college, and/or school district which is located within the boundaries of the City; or (ii) bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes located within the City limits and primarily benefiting the Santa Ana community,. with their principal and permanent meeting place within the City of Santa Ana, and at least -fifty {Wseventy-five (75) per cent of the members or youth members for sports related organizations residing within the city limits. Each such organization shall have been organized and established within the City's corporate limits for minimum of one (1) year continuously preceding the filing of the permit application. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. If more than one permit application is submitted, the City may disregard one, or all, of the permit applications at its sole discretion. (c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page] Ordinance No. NS-XXX City Council 27 - 15 1/FWgG24of 4 ADOPTED this APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT day of , 2024. Valeria Amezcua Mayor Councilmembers: Councilmembers: Councilmembers: Councilmembers: Ordinance No. NS-XXX City Council 27 — 16 1/MgG04of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX City Council 27 — 17 1/Mga214of 4 ORDINANCE NO. NS-XXX ZONING ORDINANCE AMENDMENT NO. 2023-04 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GENERAL RESTRICTIONS, WIRELESS COMMUNICATION FACILITIES, BILLBOARDS, HOTELS/MOTELS, FULL SERVICE HOTELS, AND DEFINITIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On an ongoing basis, City of Santa Ana (City) staff review and analyze Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). In an effort to establish high - quality development standards, create a user-friendly zoning code for residents and the business community, and to implement various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the City, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the City and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2023-04 amends and adds various sections of Chapter 41; including Section 41-190 (General restrictions), Section 41-198.13 (Same — Conditional use permit expiration), Section 41-1130 (Permitted locations), Table 41-1131 (Digital Billboard Development Standards) of Section 41-1131 (Development standards), Section 41-61 (Full Service Hotel), Section 41-199.5 (Hotels/Motels), 41-199.6 (Full Service Hotels), Section 41-54 (Long-term stay business hotel), Section 41-139 (Transient/residential hotel), Section 41-313 (Uses permitted in P district), Section 41-313.5 (Uses subject to a conditional use permit in the P district), Section 41-365 (Uses Permitted in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-424 (Uses permitted in the C5 district), Section 41-442 (Uses permitted in the CR district), Section 41- 521 (Uses permitted in the C-SM district), subsection B. (Permitted Uses) in the Site Requirements Section in Specific Development No. 8, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed -Use Overlay Zone. MMIdilutj Mu. Mt xxx City Council 27 — 18 1/16/2W4of 17 D. The proposed amendments are consistent with the General Plan of the City. Specifically, the proposed amendments are consistent with the following goals and policies: a. Modification to the section pertaining to wireless communication facilities is consistent with General Plan Economic Prosperity (EP) Element Goal EP- 3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which promotes streamlined development processes. By creating an administrative process for extending the approval of wireless communication facilities to replace the previous requirement for a new conditional use permit, the City will reduce the time for and cost of extension approvals. b. Modification to the General Restrictions section is consistent with General Plan Land Use (LU) Element Goal LU-1 (Growing Responsibly), Policy LU- 1.1 (Compatible Uses), which seeks to foster compatibility between land uses. The change to General Restrictions clarifies incompatible uses that are not permitted. c. Modifications to sections pertaining to billboards are consistent with General Plan Urban Design (UD) Element Goal UD-2 (Sustainable Environment), Policy UD-2.9 (Visual Aesthetic of Built Environment), which intends to ensure that signs are situated to minimize detrimental impacts. The change to the billboard standards will result in billboard construction that minimizes visual impacts. d. Modifications to sections pertaining to hotels and full service hotels are consistent with General Plan Goal LU-2 (Land Use Needs), Policy LU-2.2 (Capture Local Spending), which encourages a range of commercial uses to capture local spending; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.4 (Cost and Benefit of Development), which seeks to balance the benefits of development; General Plan Goal LU-2 (Land Use Needs), Policy LU-2.8 (City Image), which encourages land uses and development that promote the city's image as a business -friendly regional center; General Plan Goal EP-3 (Business Friendly Environment), Policy EP-3.5 (Simplify the Process), which provides for streamlined development processes. The addition of standards for hotels and facilitating full service hotel development will increase tourism -related local spending, maximize the benefits of hotels while minimizing impacts, promote the city's image, and enable construction of full service hotels by right. E. On December 11, 2023, the Planning Commission held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. F. On January 16, 2024, the City Council held a duly -noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2023-04. InidiiidiiUU Ms xxx City Council 27 — 19 1 /16/2W4 or 17 Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review 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 CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 2023-115, will be filed upon adoption of this ordinance. Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-190. - General restrictions. Except as hereinafter provided: (a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. All uses, as defined in Division 2 of Article 1 of this Chapter, not expressly permitted in any zoning district are prohibited. (b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the district or modified district in which such building is located. (c) No lot area shall be so reduced or diminished that any yard area or other open spaces shall be smaller than prescribed by this chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. (e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one (1) dwelling or other principal structure on one lot except as provided herein. (f) Whenever any land or building is devoted to a use of a more restricted classification than that permitted in the district or modified district where located, such act shall constitute a waiver of any right to claim that any use of buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such districts. InidiiidiiUU MS xxx City Council 27 — 20 1 /16/2W4 or 17 Section 4. Section 41-198.13. (Wireless communication facility— Conditional use permit expiration) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.13. - Same — Gendotmennl use permit expiration Approval Term. Each major wireless communication facility approved pursuant to this article shall be appFeved valid for a peried net to eXG8ed an initial maximum period of ten (10) years. The approval may be administratively extended by the Executive Director of Planning and Building, or his/her designee, from the initial approval date for a subsequent ten (10) years and may be extended by the director, or his/her designee, every ten (10) years thereafter upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved. Costs associated with the review process shall be borne by the service provider, permit holder, and/or property owner. The service provider, permit holder, and/or property owner shall submit an application together with a non-refundable processing fee in an amount established by resolution of the City Council. Section 5. Section 41-1130 (Permitted locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1130. - Permitted locations. New and reconstructed billboards, and the conversion of existing freeway oriented on -premise advertisement signs to a digital billboard: (a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one -hundred fifty (150) feet for mixed -use districts by the Planning Commission through the approval of a Conditional Use Permit. (d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans). (e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan. (f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue. Ms xxx City Council 27 — 21 1 /16/2W4 or 17 Section 6. Section 41-1131 (Development standards) of the SAMC is hereby amended as follows: Sec. 41-1131. - Development standards. (a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions. (b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited. (c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards. Table 41-1131 Digital Billboard Development Standards Standard Maximum Sign Area/Face As allowed by Caltrans Maximum Number of Faces Two 2 Maximum Height Sixt 60) feet(') Spacing Between Billboards One -thousand 1,000 feet(2) Number of Vertical Supports One Vertical Support(3) Notes: 1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit. 2. The minimum separation between billboards located on the same freeway side shall be one -thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard's vertical support. 3. All conduits, cables and appurtenances shall be concealed within the vertical support. Section 7. Division 2 (Definitions) of Chapter 41 of the SAMC is hereby amended to add Section 41-61. to read as follows: Secs. 41-61. - Full Service Hotel. 41 63 Reserved A full service hotel is a building, or portion of a building, other than a care home, which is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such full -service hotel differs from a hotel/motel in that it Drovides the minimum followina onsite amenities: xxx City Council 27 — 22 1/16/2W4of 17 (a) At least one full -service, 2,500-square-foot restaurant, inclusive of kitchen and dining areas; (b) A minimum 500-square-foot fitness center with a minimum of eight pieces of stationary exercise equipment; (c) A minimum 2,500-square-foot assembly facility for banquets, conferences, meetings, and other similar purposes; (d) A minimum 500-square-foot swimming pool; and (e) Regular shuttle service for hotel patrons to regional destinations. Secs. 41-62-41-63 — Reserved. Section 8. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.5 to read as follows: Sec. 41-199.5. - Hotels/Motels. All hotels/motels shall be subject to the following: a. Building Landscaping. A five (5) foot minimum landscaped area shall be provided to separate ground floor units from pedestrian walkways, project amenities and drive aisles/Darkina areas. b. Drop-off Zones. A Porte-cochere and/or covered drop-off zone for vehicles and pedestrians, independent of drive aisles, shall be provided to accommodate quest loading and drop-off and serve as the formal entry to the hotel. This requirement may be waived by the Planning Manager for locations where zero lot line development is permitted. c. Interference with Pedestrian Movement. Driveways, garage ramps, or loading and service areas shall not be located where they interfere with the flow of Dedestrian movement or impact the Drivacv of auest rooms. d. Pedestrian Entrances. All public pedestrian entrances shall incorporate arcades, roofs, alcoves, porticos and/or awnings that protect pedestrians from the sun and weather. This requirement shall not apply to drop-off zones or loading areas. e. Pedestrian Walkways. The primary pedestrian walkway shall be a minimum of eight (8) feet wide. Primary walkways are those that connect a pedestrian from the street to the main entry and from the building to any on -site amenities. All other secondary walkways are to be a minimum of four (4) feet in width exclusive of vehicle overhana. f. Exterior Building Materials. The exterior building materials shall include natural stone (marble. aranite. slate. etc.). cultured stone. brick. svnthetic brick. Mt xxx City Council 27 — 23 1/16/2W4of 17 architectural panels, wood, imitation-woodgrain boards/panels and/or other materials as approved by the Planning Manager. Such materials shall be incorporated into a minimum of seventy percent (70%) of the visible elevations on each side of the building. g. Equipment Screening. All outside equipment such as air conditioners, pool equipment, satellite dishes, etc., shall be screened from view by a masonry screening wall and landscaping. Individual portable window mounted air conditioning units are prohibited. h. Air Conditioning Units. Air conditioning units shall not project forward from walls and the face grill or covering shall be integral and architecturally compatible with the building. i. Noise — Mechanical Equipment. Mechanical equipment of all types, (e.g., swimming pool equipment) shall be located within a building to ensure that the resulting noise would not be heard at any adjacent residential property line. j. Noise — Attenuation. Hotels are quasi -residential uses and shall be designed and sited to minimize the effect of noise from neighboring commercial activities. Noise attenuation techniques shall be included in the design of structures near manor noise generators (e.g., manor streets). k. Screening of Delivery and Loading Areas. Delivery and loading areas shall be screened from and shall not be aestheticallv or audiblv disruptive to neighboring residential uses. I. Location of Recreational Facilities. Recreational facilities (e.g. swimming pools) shall be located where guests may use them in some privacy. "Day passes" or other similar access for non -quests in exchange for financial compensation are prohibited. Such prohibition does not apply to day spas which are designed to accommodate day use with the provision of changing rooms and lockers. m. Crime Prevention. Hotels shall provide good visibility in all public areas, open space areas, and driveway entrances from public streets, driveway intersections, and parking lots. Lighting shall be used to create safe and secure public areas while illuminating only those areas for which lighting is designed, and shall be desianed to reduce alare and not affect adiacent uses. n. Architecture — Balconies, Stairways, and Walkway Railings. Balconies, stairways. walkwav railinas and other similar details shall be visuallv substantial and stylistically compatible with the basic design of the structure. o. Interior Corridors. Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or entryways individually equipped with some form of security -controlled access system. MS xxx City Council 27 — 24 1 /16/2W4 or 17 p. Pre -wired Rooms. Each quest room shall be pre -wired with telephone, cable television, and internet service. q. Management. On -site management shall be available twenty-four (24) hours a day, seven (7) days a week. r. Housekeeping. Not less than weekly housekeeping service shall be provided for each guest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. s. Room Rental. No hotel room shall be rented more than once in a twenty -four- hour period. Record Keeping. All hotel/motels shall maintain daily records reflecting the names and permanent addresses of all hotel/motel quests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model, and year of any guest's vehicle parked on -site, corporate account information, quest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each quest and shall be made available for review by any duly sworn peace officer of the city, state, or federal government or any authorized official of the city's code enforcement or finance department during normal business hours. Any person who knowingly or intentionally misrepresents any material facts required in this subsection shall be deemed guilty of a misdemeanor. Section 9. Article II (Use Districts —General Provisions) of Chapter 41 of the SAMC is hereby amended to add Section 41.199.6 to read as follows: Sec. 41-199.6. - Full Service Hotels. Full service hotels complement community character; are designed and operated in a manner that protects public health, safety, and general welfare; and contribute to the local economy by offering a full service restaurant and additional amenities and services. Full service hotels are subject to the standards established in Section 41-199.5. and the following: (a) Primary building entrances are to be defined and treated as a signature element of the building and articulated with architectural elements such as pediments, exaggerated height, columns, porticos, and/or overhangs. (b) All full service hotels shall provide at least one outdoor design element such as, but not limited to a water feature, sculpture, or public art at or near the building entrance. Any such design element shall be designed in proportion to the primary building entrance, visually substantial, and stylistically compatible with the basic design of the structure. MMIdilutj Mt xxx City Council 27 — 25 1/16/2W4of 17 (c) Housekeeping. Not less than daily housekeeping service shall be provided for each guest room. "Housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels. (d) Lobby. A minimum of 1,000 square feet of interior floor area shall be devoted to a lobby with a minimum interior ceiling height of twelve (12) feet. Section 10. Section 41-54 (Long-term stay business hotel) of Chapter 41 of the SAMC is hereby removed as follows: Section 11. Section 41-139 (Transient/residential hotel) of Chapter 41 of the SAMC is hereby removed as follows: r ORION • r r r 01. Section 12. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-313. - Uses permitted in the P district. The following uses are permitted in the P district: (a) Professional, business, and administrative offices where no merchandise is sold. MMIdIlutj Mu. Mt xxx City Council 27 — 26 1/16/2W4of 17 (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical offices. (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive -through facilities. (i) Daycare centers. (j) Non -freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive -through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive - through facilities and excluding any eating establishment specified in section 41- 313.5. fn Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 13. Section 41-313.5. (Uses subject to a conditional use permit in the P district) of the SAMC is hereby amended as follows: Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. InRIiiidiiL;U M. Ms xxx City Council 27 — 27 1 / 1 6b2Q24 of 17 e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non -freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p. Medical offices operated by government, government -subsidized, not -for - profit, or philanthropic entities. q. Hotels/motels. Section 14. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, business, and administrative offices. Ms xxx City Council 27 — 28 1 /16b2�4 of 17 (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. Q) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. (p) Daycare centers. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. (t) Medical offices. (u) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 15. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter41 of the SAMC is hereby amended as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the C1-MD district: InRIiiidiiL;U M. Ms xxx City Council 27 — 29 1 / 1 6b2Q24 of 17 (a) Retail and service uses, other than those specified in section 41-375.2. (b) Professional, business, and administrative offices where no merchandise is sold. (c) Medical offices. (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. 0) Daycare centers. (k) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 16. Section 41-424. (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-424. - Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and administrative offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Daycare centers. (i) The printing, publishing, and circulation of a newspaper, including plant and office. MMIdilutj Mu. Mt xxx City Council 27 — 30 1/1 6QQ24 of 17 Q) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. (1) Medical offices. (m) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 17. Section 41-442. (Uses permitted in the CR district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-442. - Uses permitted in the CR district. The following uses are permitted in the CR district: (a) Retail and service uses. (b) Professional offices. (c) One -family, two-family, and multiple -family dwellings. (d) Resident managers' offices devoted solely to the rental of dwelling units on the site, provided that said office and surrounding grounds shall retain a residential character if located within residential areas. (e) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. ffh Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chapter. Section 18. Section 41-521. (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. Ms xxx City Council 27 — 31 1 /16b2�4 of 17 (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Daycare centers. Q) Art galleries, museums and exhibit halls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. (o) Medical offices. (p) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of this Chanter. Section 19. The permitted uses in Zone III of subsection B. Permitted Uses in the Site Requirements Section in Specific Development No. 8 is hereby amended as per Exhibit A of this Ordinance to include full service hotels subject to development and operational standards set forth in sections 41-1995.5 and 41-199.6 of Chapter 41 of the SAMC. Section 20. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed - Use Overlay Zone is hereby amended per Exhibit B of this Ordinance to replace reference to "Hotel" with "Full service hotel," to permit the use by right in the Office District, and to add reference to applicable development and operational standards in Chapter 41 of the SAMC. Section 21. 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 22. This ordinance shall become effective thirty (30) days after its adoption. 1nR1iiidiiL;U M. Ms xxx City Council 27 — 32 1 / 1 6b2Q24 of 17 Section 23. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: - -c n ;k;, Jose Montoya Assistant City Attorney AYES: Valeria Amezcua Mayor Councilmembers: NOES: Councilmembers: ABSTAIN NOT PRESENT Councilmembers: Councilmembers: 2024. MMIdilutj Mu. Mt xxx City Council 27 — 33 1/1 6QQ24 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana MMIdilutj Mu. Mt xxx City Council 27 — 34 1/1 6QQ24 of 17 EXHIBIT A SPECIFIC DEVELOPMENT NO. 8 (new language underlined, deleted language shown in strikeout for tracking purposes) B. Permitted Uses The following uses shall be permitted in Zone I: 1) Professional Offices: a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners. e. Research and development facilities. f. Private trade, vocational or professional schools. 2) Business offices, including but not limited to: a. Advertising agencies. b. Banks or other financial offices. c. Employment agencies. d. Escrow and real estate companies_ e. Insurance companies. f. Corporate headquarters. g. Photographers, artist, etc. h. Travel agencies. i. Computer or computer training centers. 3) Laboratories except those, which emit offensive odors, vibrations, or may be hazardous to the public. 1 City Council 27 — 35 1/16/2024 4) Political, civic and charitable organization uses, which shall not include bingo or other gaming activities. 5) Restaurants. 6) Union Halls_ 7) Museums, art galleries and libraries. 8) Religious meeting halls. 9) Day care and child care facilities, nurseries, etc. The following uses shall be permitted in Zone II: 1) All uses within Zone I. 2) Minimal impact light industry. 3) Full service hotels, m� and associated shops and services related to the full service hotel ^peruse-, subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. 4) Retail, with a maximum of two tenants per building. 5) Furniture and bulk merchandise stores with a maximum of two tenants building. The following uses shall be permitted in Zone III: 1) Professional Offices. a. Accountants_ b. Attorneys_ c. Dentist, doctors and related professions. d. Engineers, architects and planners. e. Research and development facilities. 2) Business offices, including but not limited to: a. Advertising agencies. b. Banks or other financial offices. 2 City Council 27 — 36 1/16/2024 c. Employment agencies. d. Escrow and real estate companies. e. Insurance companies. f. Corporate headquarters. g. Photographers, artist, etc. h. Travel agencies. 3) Commercial uses, including: a. Food and retail uses excluding drive through facilities. 4) Full service hotels subject to development and operational standards set forth in sections 41-199.5 and 41-199.6 of Chapter 41 of this Code. The following uses shall be permitted in Zone III with a Conditional Use Permit: a. Dancing or entertainment ancillary to a permitted restaurant use. b. The serving of alcohol in conjunction with a permitted food/restaurant use. 3 City Council 27 — 37 1/16/2024 EXHIBIT B 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). Table 3: Permitted Land Uses The allowable -. by letter designations as follows: VillageNeighborhood Transitional District Permitted by right Center District N Prohibited Active UrbanApplicable Office District* CUP Conditional Use Permit require LUC Land Use Certificate required _A k 00 o r c v w Special Provisions (references to other :N v w t applicable code sections or -0 L a o a rn 20 limitations) o� Z~ > Q Residential Uses Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple -Family Residential P P P N Subject to Sec. 4.1.3 of this division Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and P P P P calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) P P P P CUP for liquor sales, after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Daycare centers P P P P Gymnasiums and health clubs N P P CUP Full service hotels Hotels N P P CUP Subject to sections 41-199.5 and 41-199.6 of the SAMC Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious Institutions CUP CUP CUP CUP Schools N P P N Massage establishments N CUP CUP N Subject to Article XVII.I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec. 41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P Pt P Use/Operational Standards Drive through establishments N N I N I N metro east mixed -use- - 1/16/2024 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 CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Proposed Action: The City of Santa Ana is proposing to adopt ordinances amending: 1. Article 11.11 of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code (SAMC); 2. Chapter 14 (Fire Protection and Prevention and Emergency Services) of the SAMC; and 3. Various sections of Chapter 41 (Zoning) of the SAMC related to wireless communication facilities, billboards, hotels, definitions, and general restrictions. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project is exempt from further review pursuant to Section 15060(c)(2) and Section 15060(c)(3) because the action will not result in direct or reasonably foreseeable indirect physical change to 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 CEQA Guidelines. Meeting Details: This public hearing will be held on Tuesday, January 16, 2024, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the City 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 https://www.santa-ana.org/agendas-and-minutes/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eCommentQsanta-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, 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 City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/. Who To Contact For Questions: Should you have any questions, please contact Siri Champion with the Planning and Building Agency by phone at (714) 667-2751 or by email at SCham pion (csanta- ana.org. City Council 27 — 39 1/16/2024 Note: If you challenge the decision on the above matter in court, 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 City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Vi6t, xin di6n thoai cho Tony Lai so (714) 565-2627. Jennifer L, Hall, CIVIC City Clerk Publish: Orange County Reporter — Legals Section Date: January 5, 2024 City Council 27 — 40 1/16/2024 DRAFT Minutes of the Regular Meeting of the Housing Authority Santa Ana, California AO W-,M4bL December 5, 2023 CALL TO ORDER MINUTES: Chair Amezcua called the Regular Housing Authority Meeting to order at 6: 34 P.M. ATTENDANCE Authority Members Vice Chair Chair Interim City Manager City Attorney Recording Secretary Pr)l I rAl I Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Tom Hatch Sonia R. Carvalho Jennifer L. Hall MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Lopez, and Authority Members Bacerra, Hernandez, Penaloza, Phan, and Vazquez were present. ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY 1 December 5, 2023 City Council 2-1 1/16/2024 PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments were received regarding the Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 6:35 P.M., the Consent Calendar was considered. MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Vice Chair Lopez. The motion carried, 7-0, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER PHAN, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR LOPEZ, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes of the Special Meeting of May 16, 2023 and the Regular Meeting of November 7, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Approve an Agreement with Iron Mountain Information Management, LLC for Document Storage for the Housing Authority, Community Development Agency and Finance & Management Services Agency (General Fund and Non - General Fund) Department(s): Community Development Agency HOUSING AUTHORITY 2 December 5, 2023 City Council 2-2 1/16/2024 Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Iron Mountain Information Management, LLC to provide offsite document storage of Housing Authority records in an amount not to exceed $142,700, for a three-year term beginning January 1, 2024 and expiring December 31, 2026 with an option of two one-year extensions, subject to non - substantive changes approved by the Executive Director and the Housing Authority General Counsel (Contingent upon approval of City Council Item #9) (Agreement No. A-2023-223). **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 6:36 P.M. HOUSING AUTHORITY 3 Respectfully submitted: Jennifer L. Hall, CIVIC Secretary December 5, 2023 City Council 2-3 1/16/2024 Community Development Agency santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Housing Successor Annual Report: FY 2022-23 AGENDA TITLE Housing Successor Annual Report for FY 2022-23 — Low and Moderate Income Housing Asset Fund RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Pursuant to the Dissolution Act, on January 9, 2012 the City Council designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions, and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA. Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health and Safety Code (HSC) Section 34176 and addresses functions to be performed by the housing successor agencies. This bill, effective January 2014, required all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013-14. Among the requirements is an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific housing financial data and activities. The independent financial audit of the LMIHAF was not completed in time to place on the December 19, 2023 City Council meeting, therefore, this report was delayed. The financial audit is included in the City's Annual Comprehensive Financial Report (ACFR) for FY 2022-23, as prepared by the Finance and Management Services Agency and posted on the City's website at.https://www.santa-ana.org/financial-reports/. Assembly Bill (AB) 1793, signed by the Governor on September 27, 2014, further amended HSC Section 34176.1 to require housing successor agencies to include additional information on homeownership units assisted by the former RDA or housing successor that are subject to covenants or restrictions. The FY 2017-18 annual report City Council 3-1 1/16/2024 Housing Successor Annual Report: FY 2022-23 January 16, 2024 Page 2 included this additional information and any changes that occurred in the last fiscal year are identified in the FY 2022-23 annual report (Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Housing Successor Annual Report FY 2022-23 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 3-2 1/16/2024 EXHIBIT 1 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2022-2023 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of January 16, 2024. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2022-2023 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana's Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2022-2023 (Fiscal Year) as prepared by Clifton LarsonAllen LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2622/23 Page 1 EXHIBIT 1 V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. Vill. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of July 1, 2018 — June 30, 2023. X. Senior Housing Test: This section provides the percentage of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2013 to December 31, 2022. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2b22M Page 2 EXHIBIT 1 protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f). This Report is to be provided to the Housing Successor's governing body by December 31, 2023. However, the final audit opinion was not completed in time to place on the December 19, 2023 City Council meeting which delayed the presentation of this Report to January. In addition, this Report and the former redevelopment agency's pre -dissolution Implementation Plans are to be made available to the public on the City's website (https://www.santa-ana.org/successor- agency-oversight-board/ .) AMOUNT DEPOSITED INTO LMIHAF A total of $483,734 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $5,290,759 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Monitoring & Administration Expenditures $ 175,268 Homeless Prevention and Rapid Rehousing Services Expenditures $0 Housing Development Expenditures ➢Expenditures on Moderate Income Units $0 ➢ Expenditures on Low Income Units $0 ➢ Expenditures on Very -Low Income Units $0 ➢ Expenditures on Extremely -Low Income Units $0 ➢ Total Housing Development Expenditures $0 Total LMIHAF Expenditures in Fiscal Year $ 175,268 The independent financial audit of the LMIHAF includes an adjustment of ($67,041) for bad debt expenses for loans receivable, for a total adjusted expenditure of $108,227. HOUSIN AUTHORITY OF THE CITY OF SANTA ANA — FY 2022/23 Page 3 EXHIBIT 1 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. i Statutory Value of Real Property Owned by Housing Authority $ 75,000 i Value of Loans and Grants Receivable $ 22,248,810 Total Value of Housing Successor Assets $ 22,323,810 V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI. PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): N/A All former projects on the ROPS have been completed. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2b22/23 Page 4 EXHIBIT 1 commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: Remnant parcels at Spurgeon & E. 22"d 10/30/2002 2/14/2018 St. 801, 809 & 809 '/2 E. 7/29/2009 2/14/2018 Santa Ana Blvd. This remnant parcel has been included in Request for Proposals ("RFP") # 18-056 issued on July 2, 2018; RFP # 19-063 issued on July 3, 2019; RFP # 21-136 issued on December 8, 2021; and RFP # 23- 156 issued on October 19, 2023. All of the RFPs have been issued for the development of affordable housing on this parcel. There has been no award from RFP # 23-156 at this time. On December 7, 2021, the Housing Authority entered into a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County for the development of the FX Residences, a multifamily affordable housing project with 16 units for people experiencing homelessness. In October 2022, the developer closed on their construction loan financing and a groundbreaking ceremony was held in June 2023. Construction officially started in July 2023. The anticipated completion date of the project is March 2024. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2b22/23 Page 5 EXHIBIT 1 On November 17, 2020, the Housing Authority entered into a 99-year Ground Lease for the development of two (2) affordable homeownership opportunities for moderate income families. In 826 N. Lacy 7/29/2009 2/14/2018 August 2022, Habitat held a groundbreaking ceremony and obtained all building permits to commence construction. The antipated completion date of the two (2) homes is in November 2023. On July 25, 2022, the Housing Authority entered into a 65-year Ground Lease with Washington Santa Ana Housing Partners, L.P. for the development of the 1126 & 1146 9/5/2007 2/14/2018 Crossroads at Washington, a Washington multifamily affordable housing project with 86 units for extremely low-income families. Construction is underway and the anticipated completion date of the project is in March 2024. The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2b22/23 Page 6 EXHIBIT 1 Vill. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very -low income five -bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five -bedroom unit within the site. At the end of Fiscal Year 2022-2023, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. Inclusionary/Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at https://www.santa-ana.org/successor- agency-oversight-board/ IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information below is for the period of July 1, 2018 — June 30, 2023: AMI FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 Totals 80% - 120% $150,827 $0 $0 $0 $0 $150,827 50% -80% $2,921,302 $16,632 $0 $0 $0 $2,937,934 30% - 50% $471,213 $26,867 $0 $0 $0 $498,080 0%-30% $1,411,963 $43,499 $0 $0 $0 $1,455,462 Totals $4,9559305 $86,998 $0 $0 $0 $5,042,303 % of Funds Expended on 30% or Less of AMI 28.49% 50.00% 0.00% 0.00% 0.00% 28.87% HOUSIN AUTHORITY OF THE CITY OF SANTA ANA — FY 2b22/23 Page 7 EXHIBIT 1 X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed -restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2013 to December 31, 2022: # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 541 Senior Housing Percentage 0% XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: HOUSIN AUTHORITY OF THE CITY OF SANTA ANA — FY 2022/23 Page 8 EXHIBIT 1 The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance — June 30, 2023 $27,621,931 Less Unavailable Amounts: Loans and notes (22,248,810) Land held for resale (75,000) Restricted cash and investments with fiscal agent (214,337) Liabilities — Accounts payables & deposits (2,257) Deferred inflows of revenues (6,329) Project Commitments and Monitoring (2,227,216) Available Low Income Housing Funds 2,847,982 Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2019 — 2020 1,371,881 2020 — 2021 170,606 2021 — 2022 1,246,112 2022 —2023 483,734 Total deposits for the preceding four fiscal years 3,272,333 Base limitation 1.000.000 Greater Amount 3,272,333 Computed Excess Surplus — June 30, 2023 XII. INVENTORY OF HOMEOWNERSHIP UNITS (A) As of June 30, 2023, there was a total of 55 homeownership units and 912 rental units subject to covenants or restrictions. Of this total, all 967 units had affordability restrictions. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2022/23 Page 9 EXHIBIT 1 (B) During FY 2022-23, one (1) single family units were lost to the portfolio as the borrowers paid off the loan earlier than the original maturity date. Four rental units were lost during this fiscal year due to the sale of four rental units. (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the former Low and Moderate Income Housing Fund in FY 2022-23. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2022/23 Page 10 DRAFT Minutes of the Special Meeting of the Successor Agency of the City Council City of Santa Ana, California September 6, 2022 REGULAR OPEN MEETING — 5:45 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL SUCCESSOR AGENCY CALL TO ORDER MINUTES: Chair Sarmiento called the Special Successor Agency meeting to order at 10:18 P.M. Agency Members Hernandez, Lopez, Mendoza, Penaloza, and Phan, Vice Chair Bacerra, and Chair Sarmiento were present. ATTENDANCE Agency Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Vice Chair Phil Bacerra Chair Vincent Sarmiento SUCCESSOR AGENCY City Manager Kristine Ridge City Attorney Sonia R. Carvalho Acting Secretary Norma Orozco 1 September 6, 2022 City Council 2-1 1/16/2024 PUBLIC COMMENTS —Members of the public may address Successor Agency on items on the Successor Agency agenda. MINUTES: No public comments received. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. MOTION: Agency Member Hernandez to approve Consent Calendar Item Nos. 1 and 2, seconded by Agency Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: AGENCY MEMBER HERNANDEZ, AGENCY MEMBER LOPEZ, AGENCY MEMBER MENDOZA, AGENCY MEMBER PENALOZA, AGENCY MEMBER PHAN, VICE CHAIR BACERRA, CHAIR SARMIENTO NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Successor Agency meeting of January 18, 2022. Department(s): Clerk of the Council Office Recommended Action: Approve minutes. **END OF CONSENT CALENDAR** SUCCESSOR AGENCY 2 September 6, 2022 City Council 2-2 1/16/2024 PUBLIC HEARING 3. Joint Public Hearing — Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at 915 N Flower Street, 921 N Flower Street, and 842 N. Garnsey Street (APN 005-142-58, 005-142-36, and 005-142-47) for Park Space (Contingent upon approval of City Council Item #28) Public notice published in the Orange County Register on August 23, 2022 and August 30, 2022. Department(s): Community Development Agency Recommended Action: SUCCESSOR AGENCY ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of various properties: 915 N Flower Street, 921 N Flower Street, and 842 N Garnsey Street (APN 005-142- 58, 005-142-35, and 005-142-47), and authorize the Executive Director to execute all required documents as necessary. SUCCESSOR AGENCY RESOLUTION NO. 2022-022 entitled A RESOLUTION OF THE SUCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 915 NORTH FLOWER STREET, 921 NORTH FLOWER STREET, AND 842 NORTH GARNSEY STREET 2. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at 915 N Flower Street, 921 N Flower Street, and 842 N Flower Street (APN 005-142-58, 005-142- 35, and 005-142-47) in the amount of $598,000, plus closing costs and escrow fees, subject to non -substantive changes approved by the Executive Director and General Counsel. MINUTES: Chair Sarmiento opened the Joint Public Hearing at 10:19 P.M. No public comments. Chair Sarmiento closed the Joint Public Hearing at 10:20 P.M. MOTION: Agency Member Hernandez moved to approve the recommended action for Item No. 3, seconded by Agency Member Lopez. SUCCESSOR AGENCY 3 September 6, 2022 City Council 2-3 1/16/2024 The motion carried, 7-0, by the following roll call vote: AYES: AGENCY MEMBER HERNANDEZ, AGENCY MEMBER LOPEZ, AGENCY MEMBER MENDOZA, AGENCY MEMBER PENALOZA, AGENCY MEMBER PHAN, VICE CHAIR BACERRA, CHAIR SARMIENTO NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass SUCCESSORAGENCY COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting. MINUTES: Chair Sarmiento adjourned the Special Successor Agency meeting at 10:20 P.M. Respectfully submitted: Jennifer L. Hall, CMC Secretary SUCCESSOR AGENCY 4 September 6, 2022 City Council 2-4 1/16/2024 DRAFT Minutes of the Special Meeting of the Successor Agency of the City Council City of Santa Ana, California January 17, 2023 REGULAR OPEN MEETING — 5:45 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL SUCCESSOR AGENCY CALL TO ORDER MINUTES: Mayor Amezcua called the Special Successor Agency meeting to order at 10:05 P.M. Agency Members Bacerra, Penaloza, Phan, and Vazquez, and Mayor Pro Tem Lopez were present in person. Chair Amezcua and Agency Member Hernandez attended via teleconference. ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Vice Chair Jessie Lopez Chair Valerie Amezcua SUCCESSOR AGENCY City Manager Kristine Ridge City Attorney Sonia R. Carvalho Acting Secretary Norma Orozco 1 January 17, 2023 City Council 2-5 1/16/2024 PUBLIC COMMENTS —Members of the public may address Successor Agency on items on the Successor Agency agenda. MINUTES: No public comments received. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. MOTION: Agency Member Penaloza to approve Consent Calendar Item Nos. 1 and 2, seconded by Agency Member Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: AGENCY MEMBER BACERRA, AGENCY MEMBER HERNANDEZ, AGENCY MEMBER PENALOZA, AGENCY MEMBER PHAN, AGENCY MEMBER VAZQUEZ, VICE CHAIR LOPEZ, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024 Department(s): Community Development Agency Recommended Action: Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. SUCCESSOR AGENCY RESOLUTION NO. 2023-001 entitled A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 FOR THE PERIOD OF JULY 1, 2023 TO JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") SUCCESSOR AGENCY 2 January 17, 2023 City Council 2-6 1/16/2024 **END OF CONSENT CALENDAR** SUCCESSORAGENCY COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Successor Agency meeting and reconvene to the Regular City Council Meeting. MINUTES: Chair Amezcua adjourned the Special Successor Agency meeting at 10:07 P.M. Respectfully submitted: Jennifer L. Hall, CMC Secretary SUCCESSOR AGENCY 3 January 17, 2023 City Council 2-7 1/16/2024 Community Development Agency www.santa-ana.or /communit develo ement __ Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report January 16, 2024 TOPIC: Recognized Obligation Payment Schedule (ROPS) Fiscal Year (FY) 2024-2025 AGENDA TITLE Recognized Obligation Payment Schedule (ROPS) for the Period of July 1, 2024 Through June 30, 2025 RECOMMENDED ACTION Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2024 through June 30, 2025 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. SUCCESSOR AGENCY RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 24177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION In 1973, the City of Santa Ana adopted an ordinance to create a Redevelopment Agency. Throughout the years, the Redevelopment Agency completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas. Pursuant to Part 1.85 of Division 24 of the California Health and Safety Code ("Dissolution Act"), the City Council on January 9, 2012, elected for the City to act as the "Successor Agency" to the dissolved Community Redevelopment Agency ("Agency"). On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, Case No. S194861, the Agency was dissolved and the City began to serve as the "Successor Agency." The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by AB 1484, AB 471, and SB City Council 3-1 1/16/2024 Recognized Obligation Payment Schedule Fiscal Year (FY) 2024-2025 January 16, 2024 Page 2 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. Effective July 1, 2018, the local Oversight Board to the Successor Agency was dissolved and the new Orange Countywide Oversight Board (OCOB) was established. The OCOB now has oversight with respect to the Dissolution process, including review and approval of the ROPS. The ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 Q) through (k), and is presented in the format designed by the Department of Finance (DOF). Upon Successor Agency approval, the ROPS will be submitted to the Orange Countywide Oversight Board for approval at its January 23, 2024 meeting. Upon OCOB approval, the ROPS will be submitted to the DOF, County, and other appropriate entities as required by the Dissolution Act by the February 1, 2024 deadline. The ROPS will also posted on the Successor Agency's website. FISCAL IMPACT The Successor Agency is limited to making only payments listed on the approved ROPS for each annual period. Administrative expenses are capped at three percent (3%) of the actual property tax distributed for the ROPS in the preceding fiscal year or the minimum of $250,000 per year. However, the OCOB has been requesting that successor agencies reduce and minimize the administrative allowance necessary to oversee the remaining obligations on the ROPS. Therefore, the Successor Agency estimates the administrative cost allowance for FY 2024-2025 will be $116,260 based upon the expected actual cost of administering the Successor Agency. Funds will be budgeted for FY 2024-2025 in the Redevelopment Obligation Retirement Funds (account no. 67118021-various, 67018843-various) upon approval of the ROPS by the DOF. EXHIBIT(S) 1. Resolution A. Recognized Obligation Payment Schedule FY 2024-2025 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager City Council 3-2 1/16/2024 EXHIBIT 1 SUCCESSOR AGENCY RESOLUTION NO. 2024- A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 24-25 FOR THE PERIOD OF JULY 1, 2024 TO JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows: A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency ("Agency") of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as "Successor Housing Agency." B. The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. C. SB 107 revised the timeline for the preparation of the required Recognized Obligation Payment Schedule ("ROPS") from each six-month period to a one-year period beginning July 1, 2016. D. The annual ROPS includes the administrative cost allowance as required under Health and Safety Code Section 34177 0) through (k). E. The annual ROPS for the July 1, 2024 through June 30, 2025 period must be approved by the Countywide Oversight Board and submitted to the County Auditor - Controller, State Controller's Office, and to the State Department of Finance ("DOF") no later than February 1, 2024. Section 2. The Successor Agency approves the Recognized Obligation Payment Schedule 24-25, attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the submission to the County of Orange and Countywide Oversight Board for review and approval. Section 3. Pursuant to the Dissolution Act, the Successor Agency further authorizes the transmittal of the ROPS 24-25, upon subsequent Countywide Oversight Board approval, to DOF Resolution No. 2024- City Council 3-3 1/16/202 ge 1 of EXHIBIT 1 with copies to the County Administrative Officer, the County Auditor -Controller, and the State Controller's Office. Section 4. The City Manager, or his/her designee ("City Manager"), is directed to post on the City's website the ROPS 24-25 in the manner required by law. Section 5. The City Manager and/or the Executive Director of Community Development, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make or accept any augmentation, modification, additions, or revisions to the ROPS as may be necessary and appropriate in their reasonable discretion, based on review or communications from the Countywide Oversight Board, the State Department of Finance or County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting of this Resolution. ADOPTED this day of 12024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney / l gy. - Andrea Garcia -Miller Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2024- Page 2 ity Council 3-4 1/16/2024 EXHIBIT 1 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by the City Council acting as the Successor Agency to the former Community Redevelopment Agency on January , 2024. Date: City Clerk City of Santa Ana el / /L City Council 3-5 ge 3 of 3 Exhibit A EXHIBIT 1 Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Santa Ana County: Orange Current Period Requested Funding for Enforceable Obligations (ROPS Detail) A Enforceable Obligations Funded as Follows (B+C+D): B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) F RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E): Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. 24-25A Total 24-25B Total (July - (January - ROPS 24-25 December) June) Total $ 113,236 $ 113,236 $ 226,472 113,236 113,236 226,472 $ 11,176,422 $ 814,014 $ 11,990,436 11,118,292 755,884 11,874,176 58,130 58,130 116,260 $ 11,289,658 $ 927,250 $ 12,216,908 Name Title /s/ Signature Date City Council 3-6 1/16/2024 EXHIBIT 1 Santa Ana Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025 (Report Amounts in Whole Dollars) A B C D E F G H 1 J K L I O F. O R S T U V W 24-25A (July - December) 24-25B (January - June) Fund Sources Fund Sources Project Contract/ Agreement contract/ Agreement Total Outstanding Bond Bond Name/Debt Execution Termination Description/Project Project Debtor ROPS 24.25 24-25A 24-25B Item # Obligation Obligation Type Date Date Payee Scope Area Obligation Retired Total Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total $ 60,860,039 $ 12,216,908 $ 0 $ 0 $ 113,236 $ 11,118,292 $ 58,130 $ 11,289,658 $ 0 $ 0 $ 113,236 $ 755,884 $ 58,130 $ 927,250 28 DA- OPA/DDA/Const 12/16/2002 6/30/2029 Sycamore Development of Merged Y $ - - $ - Sycamore ruction Parking Sycamore Garage Parking Concepts (Pkg Structure) Concepts 30 Erickson Business 1/19/2006 6/30/2032 Erickson Leasehold Rights on Merged 792,648 N $ 226,472 113,236 $ 113,236 113,236 $ 113,236 Lease Incentive Prop. Corp. AutoMall Property Agreement- Agreements Honda 33 Off Site Improvement/Infr 4/4/2005 6/30/2032 Various Construction of Merged 5,000,000 N $ $ $ - Improvemen astructure Publicly Owned is (Nexus) Improvements - Nexus 34 Project Project 4/4/2005 6/30/2032 Successor Project Management Merged 123,250 N $ $ - $ Costs for Management Agency/ /Services Item #33 Costs Various 35 SA Venture OPA/DDA/Const 5/15/1984 6/30/2032 Various Permit Fee Merged 1,600,000 N $ $ - $ - Partnership ruction Obligation for 8 Other Improvements MainPlace Agreements 36 Project Project 5/15/1984 6/30/2032 Successor Project Management Merged 100,000 N $ $ $ Costs for Management Agency/ /Services Item #35 Costs Various 37 DDA- OPA/DDA/Const 4/21/1997 6/30/2032 City of Santa Permit Fee Merged 199,000 N $ $ $ - Discovery ruction Ana Obligation for Science Expansion Center 62 Audited Professional 5/14/2003 6/30/2032 MGO / City Required Per Bond Merged 40,000 N $ 5,000 5,000 $ 5,000 $ - Financial Services of Santa Ana Documents / AB 1484 Statements / Various /Due Diligence Reviews 63 Employee Unfunded 2/1/2012 6/30/2032 CaIPERS / Public Employee Merged 118,729 N $ - $ - $ - Pension Liabilities Successor Defined Benefit Liability Agency Pension Plan 64 Other Unfunded 2/1/2012 6/30/2032 Successor OPEB Liability for Merged 182,872 IN$ - $ - Postemploy Liabilities Agency/ Successor Agency ment Various Staff Benefits (OPEB) 66 Successor Admin Costs 2/1/2012 6/3C/2032 Successor Operating costs Merged 760,000 N $ 116,260 58,130 $ 58,130 58,130 $ 58,130 Agency Agency/ Admin. Various 161 2018 Tax Bonds Issued 11/8/2018 9/1/2031 Bank of New Debt service on Merged 10,146,375 N $ 1,271,375 1,084,125 $ 1,084,125 187,250 $ 187,250 Allocation After 12/31/10 York Mellon bonds to refund Bonds 2003 Bonds and Series A 1 2011 Bonds 161 2018 Tax Fees 11/8/2018 6/30/2032 Keyser Continuing disclosure Merged 13,950 N $ 1,550 $ 1,550 $ 1,550 Allocation Marston Bonds Associates / Series A- Urban Indenture Futures of Trust 162 2018 Tax Fees 11/8/2018 6/30/2032 BILK Arbitrage rebate Merged 13,500 IN $ 1,500 1,500 $ 1,500 $ - Allocation analysis Bonds Series A - Indenture of Trust City Council 3-7 1/16/2024 EXHIBIT 1 A B C D E F G H I J K L M N I O P O R S T U 11 W 24-25A (July - December) 24-25B (January - June) Fund Sources Fund Sources Project Contract/ Agreement Contract/ Agreement Total Outstanding Bond Bond Name/Debt Execution Termination Description/Project Project Debtor ROPS 24-25 24-25A 24-25B Item # Obligation Obligation Type Date Dale Payee Scope Area Obligation Retired Total Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total 163 2018 Tax Fees 11/8/2018 6/30/2032 Bank of NY Trustee fees Merged 14,400 N $ 1,800 1,800 $ 1,800 Allocation Mellon Bonds Series A - Indenture of Trust 164 2018 Tax Bonds Issued 11/8/2018 9/1/2028 Bank of New Debt service on Merged 41,728,815 IN$ 10,589,151 10,022,567 $ 10,022,567 566,584 $ 566,584 Allocation After 12/31/10 York Mellon bonds to refund Bonds 2003 Bonds and Series B 2011 Bonds 165 2018 Tax Fees 11/8/2018 6/30/2029 Keyser Continuing disclosure Merged 4,000 IN$ 500 $ - 500 $ 500 Allocation Marston Bonds Associates / Series B- Urban Indenture Futures of Trust 166 2018 Tax Fees 11/8/2018 6/30/2029 BLX Arbitrage rebate Merged 13,500 IN$ 1,500 1,500 $ 1,500 $ - Allocation analysis Bonds Series B- Indenture of Trust 167 2018 Tax Fees 11/8/2018 6/30/2029 Bank of NY Trustee fees Merged 9,000 N $ 1,800 1,800 $ 1,800 $ - Allocation Mellon Bonds Series B- Indenture of Trust City Council 3-8 1/16/2024 EXHIBIT 1 Santa Ana Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025 Item # Notes/Comments 28 Item has been completed. 30 33 34 35 36 37 62 63 64 66 119 129 160 161 162 163 164 165 166 167 City Council 3-9 1/16/2024 EXHIBIT 1 Santa Ana Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For ti s on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. A B C D E F G X Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS RPTTF and Reserve Rent, Non-Admin ROPS 21-22 Cash Balances Bonds issued on or Bonds issued on or Balances retained for Grants, and 07/01/21 - 06/30/22 before 12/31/10 after 01/01/11 future period(s) Interest, etc. Admin Comments 1 Beginning Available Cash Balance (Actual 07/01121) RPTTF amount should exclude "A" period distribution amount The prior report did not include an adjustment for Other Funds. The beginning balance was adjusted 1,404 0 44,884 1,394,978 to reconcile to the cash balance as of June 30, 2021. 2 Revenue/Income (Actual 06/30122) RPTTF amount should tie to the ROPS 21-22 total distribution from the County Auditor -Controller 250,826 5,224,307 3 Expenditures for ROPS 21-22 Enforceable Obligations (Actual 06130/22) 226,471 6,743,444 4 Retention of Available Cash Balance (Actual 06130122) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 1,404 5 ROPS 21-22 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 21-22 PPA form submitted to the CAC No entry required 85 472 6 Ending Actual Available Cash Balance (06/30122) C to F=(1+2-3-4),G=(1+2-3-4.5) Notified DOF of negative balance and will analyze $ 0 $ 0 $ 0 $ 69,239 (209,6311 balance. City Council 3 — 10 1/16/2024