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FULL PACKET_2014-10-07
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 16, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:11 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:22 P.M.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:15 P.M.) COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:11 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Peebler vs. State of California Superior Court Case No. 34- 2012 - 80001172; Court of Appeal Case No. C073698 CITY COUNCIL MINUTES 10A -1 SEPTEMBER 16, 2014 2) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State 3) JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477 4) Carlos Ibarra v. City of Santa Ana, Orange County Superior Court Case No. 30 -2013- 00663031, Claim No. 2012 -099. 5) Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board Case Nos. #Unassigned; #ADJ8310211 6) Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8945258 7) Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8335303 8) Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8914342 9) The Old Orchard Conservancy v. City of Santa Ana; Orange County Superior Court Case No. 30- 2014 - 00714225 *Councilmember Sarmiento declared that out of an abundance of caution and a potential conflict of interest he would abstain from said matter and left the room during deliberation of matter. 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: - One Civil Case. 3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: - Claim No. 2014 -012 Mercedes Ortiz. CLOSED SESSION REPORT - See Item 19A. for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:31 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 OA-2 SEPTEMBER 16, 2014 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:32 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council JUAN CARREON, PIO PICO ELEMENTARY SCHOOL ERIC WAKELING. POLICE CHAPLAIN 1) PROCLAMATION AND CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the Communication Linkage Forum Committee in honor of its 25th anniversary. 2) CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to three Valley Little League teams for winning their respective City championships. Machine Pitch Team: Manager Jose Roldan; Players: Israel Camarena, Jacob Carlon, Aaron Cervantes, Emiliano Dominguez, Diego Guillen, Calvin Manalo, Angel Mora, Martin Munoz, Antonio Najera, Sebastian Orozco, Leonardo Ramirez, Damian Roldan, Dominic Roldan CITY COUNCIL MINUTES 1 o -3 SEPTEMBER 16, 2014 COUNCILMEMBER AMEZCUA, A Team: Manager David Saucedo, Coach Cesar Delgado; Players: Josh Delgado, Alex Gomez, Kevin Hernandez, Ricky Hernandez, Elias Lopez, Carlos Mora, Andre Naranjo, Angel Naranjo, Jacob Noriega, Andy Peredo, David Saucedo Maiors Team: Manager: Oscar Diaz, Coaches: Jimmy Contreras and Harvey Contreras; Players: Ivan Bailon, Harvey Contreras, Sabastian Diaz,Tyler Lopez, Martin Najera, Danny Navarro, Anthony Noriega Gabriel Ochoa Isaac Pinedo Arthur Prado, Aaron Rodriguez, Eduardo Rodriguez, Vincent Tinajero, Javier Vega, 3) CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Iglesia de Dios Pentecostal in recognition of their summer school character building program. 4) PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of Hispanic Heritage Month. 5) PROCLAMATION presented by COUNCILMEMBER REYNA to Orange County Fire Authority in recognition of Fire Prevention Week. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Andrea Harris McGee, opined that there was a misunderstanding in the art community regarding the utility user box art project; student was recently arrested that misunderstood process; student should not be prosecuted and requested Council assistance in dropping charges. o Mayor Pulido requested that the City Attorney's Office provide the Council background information regarding the individual who was arrested for painting a City utility box. • George Estrada, spoke on City's Measure on Utility User's Tax; opposed to spending funds as recommended in Agenda Item 20A; also, opined that double standard if release investigative report by City Attorney regarding Mayor Pulido. • Kandice Hawes, principal officer of the Political Committee in support of Measure CC; spoke in opposition to allocating funds as proposed in Agenda Item 20A. • Olivia Arzate, spoke in support of bringing back deported resident, Samuel Sixtos. • Silvia Silva, urged leaders not to break families apart (by deporting). • Miriam Grajales, spoke in opposition to deportation law. CITY COUNCIL MINUTES 1 OA -w SEPTEMBER 16, 2014 • Martha Sixtos, mother of deported resident, Samuel Sixtos, requested support of his release. • Alexis Teodoro, RAIZ Deportation Coordinator, TRUST Act violated when arrestee was turned over to ICE by the Sherriff's Department; submitted a proposed resolution in support of Immigration Reform. • Ramos Campos, spoke in support of City approving resolution to assist Samuel Sixtos. • Silvia Hernandez, representing USWW of Santa Fe Building, urged City Council to contract with unionized companies. • Carlos Perea, RAIZ, supports resolution in support of Samuel Sixtos; request Council agendize on next Agenda. • Karen Palerin, spoke on West Nile virus, believe that the City should make decision on spraying instead of Orange County Vector Control; urged all to stop spraying; opined that homeless population would be most affected. o Mayor Pulido reported that no spraying will be conducted by Orange County Vector Control. • Clara Avila, member of RAZZ, spoke on deportation issue and requested Council support. • Evie Cortez, opposed to spraying by Orange County Vector Control; circulated petition signed by residents to stop spraying. • Abraham Medina, member of Santa Ana Men and Boys of Color, raised issues on restorative justice; submitted letter for the record from Congresswoman Sanchez to ICE in support of deportee Samuel Sixtos. • Bonnie Masey, spoke in opposition to homeless shelter; stop criminalization of minor offenses; check -in centers for homeless necessary; supports shelter center, but not at proposed site. • Pierre Espino, asked that residents be notified of any future spraying. • Connie Hamilton, invited all to attend the Candidate Forum sponsored by Comlink at Rancho Santiago Community College District Board Room on Thursday, September 18, 2014. • Rick Niedermayer, spoke in support of Agenda Item 65A; maintain fields; celebrating AYSO anniversary and indicated that VIP program for children with disabilities. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 39A as recommended by staff, with the following modifications: • Addition of 19A. Closed Session Actions; • Mayor Pro Tern Tinajero pulled items 31A and 31B for separate discussion; • Councilmember Amezcua pulled item 25C for separate discussion; and CITY COUNCIL MINUTES 10 5 SEPTEMBER 16, 2014 • Councilmember Martinez pulled Items 19C, 19D, 20A, 23A, 25A, 25B, 25C, 25D, 31 B and 31 C for separate discussion. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2014 {Strategic Plan No. 5, 1} - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE: AMENDMENT APPLICATION NO. 2014 -03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (R2) AT 1728 AND 1732 WEST SECOND STREET — MIDOROS, LLC, APPLICANT {Strategic Plan No. 5, 1) - Planning and Building Agency Placed on first reading at the September 2, 2014 City Council meeting and approved by a vote of 6--0 ( Amezcua absent) Published in the Orange County Reporter on September 5, 2014. MOTION: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 1 0A -6 SEPTEMBER 16, 2014 ORDINANCE NO. NS -2870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728 AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (R2) (COUNCILMEMBER AMEZCUA, NO. 2014- 03) BOARDS / COMMISSIONS / COMMITTEES 13A. MINUTES FROM THE JUNE 30, 2014 DEVELOPMENT AND TRANSPORTATION COUNCIL COMMITTEE {Strategic Plan No. 5, 11 - Planning and Building Agency MOTION: Receive and file Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreements as follows: • CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Michael Buelna v. City of Santa Ana, Workers' Compensation Appeals Board Case Nos. #Unassigned; #ADJ8310211 - Stipulated Award valued at $89,987.50, plus lifetime future medical. Galen Diaz v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8945258 - Stipulated Award valued at $28,692.50, plus lifetime future medical. Emily Tran v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8335303 - Stipulated Award valued at $53,570.28, plus lifetime future medical. Adriana Ortega v. City of Santa Ana, Workers' Compensation Appeals Board Case No. ADJ8914342 - Compromise and Release in the amount of $20,000.00. • LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: - Claim No. 2014 -012 Mercedes Ortiz. - Settlement in the amount of $42,000.00. CITY COUNCIL MINUTES 1 od -% SEPTEMBER 16, 2014 am 19C.? i 9D.' EXCUSED ABSENCES — NONE Councilmember Martinez, thanked staff for bringing matter forward and part of the Strategic Plan. Councilmember Reyna, key to communicate with residents; suggest that entity selected be familiar with our community. MOTION: Authorize the Planning and Building Agency to send a Request for Qualifications to qualified consulting firms to provide technical services to support the City in the preparation of a Community Engagement Plan. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) MOTION: Authorize the Planning and Building Agency to release a Request for Qualifications for the Third and Broadway Development Project. MOTION: Martinez VOTE: AYES: NOES ABSTAIN SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) CITY COUNCIL MINUTES 10A -8 SEPTEMBER 16, 2014 ABSENT: None (0) 19E. REQUEST FOR PROPOSALS FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR DISTRICTS 1, 4 AND 5 {Strategic Plan No. 6, 1 B) - Parks, Recreation & Community Services Agency MOTION: Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide landscape maintenance services at City parks bike trails, and various City properties in districts 1, 4 and 5. 19F, CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT {Strategic Plan No. 4, 1) - Community Development Agency MOTION: Recommend that the City Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. 19G. STRATEGIC PLAN MONTHLY REPORT — JULY 2014 {Strategic Plan No. 5, 11 - City Manager's Office MOTION: Receive and file the July 2014 Monthly Report. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A, APPROPRIATION ADJUSTMENT MEDICAL MARIJUANA i ENFORCEMENT. APPROPRIATION ADJUSTMENT NO. 2015 -037 - To reallocate $500,000 in 2014 -15 General Fund reserve appropriations to various departmental expenditure accounts to fund medical marijuana enforcement plan efforts. Continued from the August 5, 2014 City Council Meeting by a vote of 4 -3 (Reyna, Sarmiento, and Tinajero absent) Continued from the September 2, 2014 City Council meeting by a vote of 7 -0. Councilmember Martinez, need to stop continuing and take action; supports matter. CITY COUNCIL MINUTES 1 O A_e SEPTEMBER 16, 2014 Councilmember Amezcua, task force that raided businesses close to schools; don't want to wait and want to continue working with resources. Councilmember Sarmiento, staff not provided with clear direction or notice to the court when voluminous charges filed; need time to review matter and do more responsibly; if measure approved will use revenue for enforcement purposes. Councilmember Benavides, dispensaries raided; what level of enforcement is needed and resources. City Manager Cavazos, noted used existing resources; court did not receive case load well and behoove to provide better information; 7 weeks from election and depending on outcome will make recommendations; staff to return with Plan. MOTION: Table item until after 2014 Election results determined. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -051 — SECURITY CAMERAS AT THE SANTA ANA PUBLIC LIBRARY {Strategic Plan No. 1, 11 - Finance & Management Services MOTION: Award a contract to Siemens Industry, Inc. in an amount not to exceed $49,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 14 -057 - OFFICE FURNITURE (Strategic Plan No. 7, 1 and 5) - Finance & Management Services, Personnel Services, and Parks, Recreation and Community Services MOTION: Award a contract to Culver - Newlin, using the Hawthorne School District's contract with Culver - Newlin for the purchase of office furniture in an amount not to exceed $90,000, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 101010 SEPTEMBER 16, 2014 22C. SPEC. NO. 14 -046 - WEST RESERVOIR COATING SERVICES (Strategic Plan No. 6, 1, 1C) - Finance & Management Services and Public Works Agency MOTION: Award a contract to Olympos Painting Inc. for west reservoir coating services in an amount not to exceed $144,900, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS Councilmember Martinez, thanked staff for bringing matter forward. Councilmember Reyna, requested a report on how much of the contingency is used after the project is completed. MOTION: 1) Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the Base Bid, in an amount of $631,573, for construction of the Chestnut Avenue Class II Bikeway from Standard Avenue to Grand Avenue; Alley Improvements FY 2013 -14; and Chestnut Avenue Rehabilitation from Broadway to Main Street. 2) Approve the Cost Analysis for a total estimated project delivery cost of $757,888. 3) Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $63,157. MOTION: Martinez SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10A11111 SEPTEMBER 16, 2014 25A. AGMT NO. 2014 -218 - CITYWIDE ENVIRONMENTAL, HEALTH, AND SAFETY PROGRAM MANAGEMENT SERVICES (Strategic Plan No. 7, 6) - Personnel Services Agency and Publics Works Agency Personnel Services Agency Executive Director, Ed Raya, reported that consultant to address safety related issues and address OSHA compliance. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bureau Veritas North America, Incorporated (BVNA), subject to non - substantive changes approved by the City Manager and City Attorney, for a two -year period, in an amount not to exceed $360,000. The agreement includes a provision for a one -year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $180,000, a total of $540,000 for the three -year period. Councilmember Martinez, City going beyond the contractual obligations of now defunct CMD /PBID by approving contract; prioritize the fixing of sidewalks. MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement, ending June 30, 2017, with Orange County Contractor Services Councilmember Benavides, a Orange County on for an amount not to exceed $25,000 per year, subject to non - substantive changes approved by the City Manager and City Attorney. Execution of this agreement includes the option to extend for up to three additional twelve month periods. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES l o 12 2 SEPTEMBER 16, 2014 25C. Councilmember Amezcua, request report of asbestos at the YMCA. City Manager Cavazos indicated that no threat to the public unless they go inside. Councilmember Martinez, thanked Taller San Jose for Exclusive Agreement and look forward to working with them. Councilmember Sarmiento, thanked staff; improving condition of the building; what happens if contractor does not follow through with obligations. City Manager Cavazos, indicated that City may re -bid but it would come back to Council with options for consideration. MOTION: 1) AGMT NO. 2014 -220 - Authorize the City Manager and City Attorney to approve an Exclusive Negotiation Agreement on behalf of the City of Santa Ana with St. Joseph Health and Taller San Jose for the reuse of the YMCA building. 2) AGMT NO. 2014 -221 - Authorize the City Manager and City Attorney to execute a Reimbursement Agreement in the amount of $40,000 with the parties subject to non - substantive changes approved by the City Manager and City Attorney. 3) AGMT NO. 2014 -222 - Authorize the City Manager and Clerk of the Council to prepare and execute an agreement with Orange County Contractors Services Councilmember Benavides, a Orange County Mailboxes and Construction to complete security enhancements and physical improvements to the exterior of the former YMCA building for an amount not to exceed $44,000, subject to non - substantive changes by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES ABSTAIN SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) 1► WJ None (0) CITY COUNCIL MINUTES 101313 SEPTEMBER 16, 2014 25D. ABSENT: None (0) Councilmember Martinez, asked for progress of proposed park. Parks, Recreation and Community Services Agency Executive Director, Gerardo Mouet, noted that City approving design plan; working with community on concept and architects; next steps include bidding and address gap in funding requirement. Councilmember Martinez, excited that new parking coming. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with RJM Design Group, subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year period expiring September 15, 2015, in an amount not to exceed $215,500. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 25E. COMPLETION OF WALNUT PUMP STATION PROJECT PLANS AND ENVIRONMENTAL DOCUMENTS (PROJECT NO. 11 -6412) (Strategic Plan No. 6, 1 C) - Public Works Agency MOTION: 1) AGMT NO. 2014 -224 - Authorize the City Manager and Clerk of the Council to execute an agreement with Psomas, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide engineering design, bid support, and construction support services for the completion of the Walnut Pump Station CITY COUNCIL MINUTES 10A1414 SEPTEMBER 16, 2014 project, for a three -year period expiring September 1, 2017, in an amount not to exceed $175,000. 2) AGMT NO. 2014 -225 - Authorize the City Manager and Clerk of the Council to execute an agreement with T &B Planning, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide environmental review services for the completion of the Walnut Pump Station project, for a one -year period expiring September 1, 2015, in an amount not to exceed $17,000. 25F. AGMT NO. 2014 -226 — COST - SHARING AGREEMENT FOR THE WATER RESERVOIR PERIMETER WALL IMPROVEMENTS AT THE SOUTH STATION WATER RESERVOIR SITE (PROJECT NO. 14 -6444) {Strategic Plan No. 6, 1 B) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Water District, subject to non - substantive changes approved by the City Manager and City Attorney, designating the Orange County Water District as project lead; and assigning a 36- percent share of the project costs to the City of Santa Ana, initially estimated at $126,000. 25G. AGMT NO. 2014 -227 - COST REVIEW SERVICES ANALYZING INVOICES, SUPPLIER CONTRACTS, AND OTHER INFORMATION RELATED TO TELECOMMUNICATIONS, UTILITIES, TREASURY SERVICES, AND DOCUMENT MANAGEMENT (Strategic Plan No. 4, 3) - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute a three year agreement with Procure America in an amount not exceed $50,000 subject to non - substantive changes approved by the City Manager and City Attorney. 25H. AGMT NOS. 2014 -228, 2014 -229, AND 2014 -230 - EMERGENCY ON -CALL SEWER AND WATER SYSTEM REPAIR SERVICES {Strategic Plan No. 6,. 11 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with W.A. Rasic Construction Company, Inc.; Paulus Engineering, Inc.; and T.E. Roberts, Inc.; subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring September 15, 2017, with provisions for a two - year - period renewal option exercisable by the City Manager and City Attorney, in an aggregate amount not to exceed $400,000 annually. CITY COUNCIL MINUTES 101515 SEPTEMBER 16, 2014 251. AGMT NO. 2014 -231 - AMEND MASTER FUNDING AGREEMENT (C -1 -2783) FOR MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS {Strategic Plan No. 3, 2C and 6,1 G} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Amendment No. 2 to the Master Funding Agreement with the Orange County Transportation Authority for the M2 Comprehensive Transportation Funding Programs, subject to non - substantive changes approved by the City Manager and City Attorney. 25J. AGMT NO. 2014 -232 - BOND COMPLIANCE CONTINUING DISCLOSURE SERVICES {Strategic Plan No. 4, 2D) - Finance & Management Services MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Urban Futures, Inc., for a three -year period in an annual amount of $5,500, subject to non - substantive changes approved by the City Manager and City Attorney 25K. AGMT NO. 2014 -233 - SOFTWARE MANAGEMENT FOR WORKERS' COMPENSATION AND LIABILITY CLAIMS {Strategic Plan No. 7, 5 and 6) - Personnel Services Agency MOTION: Continue consideration of matter, at the request of staff. 25L. AGMT NO. 2014 -234 - MAINTENANCE AND SUPPORT OF POLICE TRACKING SOFTWARE {Strategic Plan No. 1, 3, 3A} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Cl Technologies, terminating August 31, 2017, in an amount not to exceed $18,500, subject to non - substantive changes approved by the City Manager and City Attorney. LAND USE MATTERS CONDITIONAL USE PERM ITIVARIANCES 31A. CITY COUNCIL MINUTES 101616 SEPTEMBER 16, 2014 b 11100 - GREGG BERWIN, APPLICANT tStrategic Plan No. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Mayor Pro Tern Tinajero, asked if open during construction. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -30 as conditioned and Conditional Use Permit No. 2014- 31. MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Interim Executive Director of Planning and Building, Karen Haluza, noted that food tenants in open floor plan; one ABC license for all and open till 2 a.m. Councilmember Martinez, excited about concept and having culinary schools in Santa Ana. Councilmember Sarmiento, concept successful in other areas; like idea; one 47 license that will monopolize all the tenants; include provision that business open only until 2 a.m.; keep business type balance - day time business and service businesses. Interim Director Haluza, concept have demonstration stations; sell fresh food as well as cooked food. CITY COUNCIL MINUTES 101 -1 7 SEPTEMBER 16, 2014 Councilmember Benavides, downtown becoming a destination and food revolution in Downtown; a hub; market should drive the type of businesses coming to City. Mayor Pulido, owners have received a lot of interest calls; additional amenities that will be further benefitted by Streetcar project. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -32, Conditional Use Permit No. 2013 -33 as conditioned, and Conditional Use Permit No. 2013 -34 as conditioned. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) None (0) Martinez, Pulido, Reyna, Planning Commission approved recommended action on August 25, 2014, by a vote of 7 -0. Councilmember Martinez, 24- Fitness opening at Main Place Mall; moving forward with parking reduction; business friendly City. MOTION: Receive and file the staff report approving Variance No. 2014 -05 as conditioned. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 10A1818 SEPTEMBER 16, 2014 MISCELLANEOUS — LAND USE 39A. ASSIGNMENT OF DEVELOPMENT RIGHTS FOR THE LYON COMMUNITIES RESIDENTIAL DEVELOPMENT PROJECT TO BE LOCATED AT 1901 EAST FIRST {Strategic Plan No. 5, 3) - Planning and Building Agency MOTION: Direct the City Manager to authorize the assignment of development rights for the Lyon Communities residential development project to 1901 First Street Owner, LLC, with such non - substantive changes as may be approved by the City Manager and City Attorney. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. APPROPRIATION ADJUSTMENT TO RECOGNIZE ADDITIONAL PLANNING AND BUILDING AGENCY REVENUE AND RESOLUTION TO ADD BUILDING SAFETY AND PLANNING POSITIONS TO THE FY14 -15 BUDGET {Strategic Plan No. 3, 3; 5, 3; and 4,2) - Planning and Building Agency Councilmember Martinez, thanked staff for adding positions. MOTION: 1) Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -059 - Recognizing $772,000 in additional Planning and Building Agency Revenue. 2) Adopt a resolution. RESOLUTION NO. 2014 -054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO DELETE ONE FULL TIME POSITION AND ADD SEVEN FULL TIME POSITIONS IN THE PLANNING AND BUILDING AGENCY MOTION: Martinez VOTE: AYES: NOES: SECOND: Benavides Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) CITY COUNCIL MINUTES 101919 SEPTEMBER 16, 2014 ABSTAIN: None (0) ABSENT: None (0) 55B. RESOLUTION TO PROPOSE AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET TO ADJUST THE SALARY FOR THREE FULL TIME MIDDLE MANAGEMENT CLASSIFICATION TITLES IN THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN {Strategic Plan No. 4, 1 and 7,4) - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91 -066 TO ADJUST THE SALARY FOR THREE FULL TIME MIDDLE MANAGEMENT CLASSIFICATION TITLES IN THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 55C. RESOLUTION DECLARING A WATER CONSERVATION LEVEL 1 WATER SHORTAGE {Strategic Plan No. 5, 2, 6F} - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A LEVEL 1 WATER SHORTAGE MOTION: Sarmiento VOTE: AYES: 10[01 ABSTAIN SECOND: Amezcua Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) CITY COUNCIL MINUTES 10A2020 SEPTEMBER 16, 2014 ABSENT: None (0) 55D. RESOLUTION APPROVING RELOCATION PLAN FOR BRISTOL STREET PHASE IIIB IMPROVEMENTS BETWEEN WASHINGTON AVENUE AND SEVENTEENTH STREET (PROJECT NO. 116740 NON GENERAL FUND) {Strategic Plan No. 3, 2C and 6,1 G) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -057 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE IIIB IMPROVEMENTS OF THE BRISTOL STREET WIDENING PROJECT BETWEEN WASHINGTON AND SEVENTEENTH STREET MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55E. RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR PROPOSITION 84 STORM WATER GRANT PROGRAM FUNDING (Strategic Plan No. 4, 3 and 6, 1) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -058 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR PROPOSITION 84 STORM WATER GRANT PROGRAM (SWGP) FUNDING MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 10A21n 1 SEPTEMBER 16, 2014 ABSENT: None (0) 55F. RESOLUTION - BIENNIAL REVIEW OF CITY CLASSIFICATIONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS FORM {Strategic Plan No. 5, 1) - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2014 -059 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) REPORTS 65A. YOUTH SPORTS SCHOLARSHIP PROGRAM {Strategic Plan No. 2, 2} - Parks, Recreation & Community Services Agency City Manager Cavazos, noted that Plan is scheduled for City Council consideration at the October 7, 2014 meeting. MOTION: Receive and file the Parks, Recreation, Education and Youth Council Committee's recommended direction on the development and implementation of the Youth Sports Scholarship Program. MOTION Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) =( Martinez, Pulido, Reyna, CITY COUNCIL MINUTES 1 O N222 SEPTEMBER 16, 2014 PUBLIC HEARINGS *Councilmember Sarmiento, declared that out of an abundance of caution and a potential conflict of interest he would abstain from Agenda Item 75A and left the dais during deliberation of matter. 75A. PUBLIC HEARING — CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011 -01 (SCH# 2008041172), FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING PROGRAM; VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS CONDITIONED; AND, VESTING TENTATIVE TRACT MAP NO. 2012 -02 TO ALLOW A 23 -UNIT SINGLE FAMILY DEVELOPMENT AT 1584 EAST SANTA CLARA AVENUE (SEXLINGER FARMHOUSE AND ORCHARD) — CONCORDIA UNIVERSITY AND LUTHERAN HIGH SCHOOL OF ORANGE COUNTY, APPLICANTS (Strategic Plan No. 3, 2; 5, 3) - Planning and Building Agency Legal Notice published in the Orange County Reporter and notices mailed on August 22, 2014. Public hearing held and motion to reconsider vote approved by a vote of 5 -0 (Amezcua and Tinajero absent) at the September 2, 2014 City Council meeting. Notice of Continued Public Hearing posted on September 3, 2014 pursuant to § 54955.1. Mayor Pulido, opened the public hearing. The following speakers addressed the City Council on the matters. • Jeff Melching, representing applicant, noted that proceedings are administrative correction that draw Findings into alignment with the Environment Impact Report (EIR) with nothing new to add. • Michael Gibbons, representing Orange Lutheran High School and Concordia University, supports recommendation; project before the City for past 6 '/2 years with thorough process in place. • Nick Spain, opined that Public Hearing has no legal framework; legal defects in Council decision as it relates to CEQA Findings. • Mathew Holbrook, opined that Findings not previously circulated in Council approval of March, 2014; proper notice for findings or Continued Public Hearing not provided; no process to amend the Findings; remedy if insufficient findings Council may reconsider and properly approve; no new evidence since March, 2014 to support approval of Findings. • Jeannie Gillett, improper for Council to vote on current condition of the trees and whether or not the Conservancy has the funds to purchase land; CITY COUNCIL MINUTES 1 O 223 SEPTEMBER 16, 2014 maintains that requirements not met or change historic value or significance; noted that remaining trees have not been watered; concerned that perceived conflict existed in March, 2014 for Councilmember Sarmiento. • Steve Ray, believes that inadequate analysis in EIR considered in making decision; Old Orchard Conservancy in litigation on this matter; no remedy to alleviate administrative error only vacate approval and reconsider entire project. The Mayor closed the Public Hearing. Council discussion ensued. City Attorney Carvalho, noted for the record that City has prepared a response letter that addresses issues raised; lead agencies are free to take actions even after lawsuit is filed unless injunction is filed. Councilmember Amezcua, noted that she wished the Old Orchard Conservancy had lined up the money to purchase the land; fair to move forward; City has approved the EIR and Findings City; reaffirming original findings. Councilmember Martinez, reconsider vote from the previous City Council meeting to approve staff recommendation. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -060 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011 -01 (SCH# 2008041172); ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING VARIANCE NOS. 2012 -04(A) AND 2012 -04(B) AS CONDITIONED; AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2012 -02 (COUNTY MAP NO. 17231) AS CONDITIONED FOR THE PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, , Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) CITY COUNCIL MINUTES 10A9A- w SEPTEMBER 16, 2014 75B. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 2014 -01, GENERAL PLAN AMENDMENT NO. 2014 -02, ZONING ORDINANCE AMENDMENT NO. 2014 -01 AND AMENDMENT APPLICATION NO. 2014 -02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN {Strategic Plan No. 3, 2; 5, 3 and 4) - Planning and Building Agency Planning Commission approved MOTION on August 25, 2014 by a vote of 7 -0. Legal Notice published in the Orange County Reporter on September 5, 2014; the Nguoi Viet on September 10, 2014; and the La Opinion on September 11, 2014. Notices were mailed out September 5, 2014. Interim Director of Planning and Building Agency, Karen Haluza presented the staff report. Project Introduction • 2 -miles of Harbor Boulevard • Westminster /17th Street to just north of Edinger Avenue • Many people use the corridor by car, bus, bike, and on foot Context • Neighborhoods • Riverview West Santa Anita • School District • Garden Grove Unified • Access • 22 Freeway • Santa Ana River • Public Facilities • Local parks and schools • 2 regional parks Harbor Corridor ■ 50- 60,000 vehicles per day, but more than just a road for cars and trucks • Homes, shops, businesses, schools, churches, and parks • Bikes and pedestrians, individuals and families ■ Regional and local transit improvements Corridor History • 1994 creation of North Harbor Specific Plan • 87% of land developed • Less than I% agricultural • About equal parts residential, open space, and non - residential • Five focus areas CITY COUNCIL MINUTES 10A25n� SEPTEMBER 16, 2014 Why Examine Harbor Blvd Now? • Planning for Southern California region • City and State Housing Goals • Enhanced Bus Service • Complement Santa Ana Transit Vision TODAY: A place for cars. VISION: A place for People. Community Engagement • 4 years • 20+ meetings /workshops /community events • 3,000+ mailing list • Multi- lingual approach What we heard from the community • 4 years: open house /fair, workshops, neigh. mtgs. • Residents, community orgs., property /business owners, developers ■ Safety • Crime issues ■ Pedestrians: lighting, crossing, sidewalk • Bikes: sidewalk or path • Uses • Nice restaurants, cafes • More open space; community gardens /rooftop • Day care • Mix of housing (intensity /affordability) • Museums /hotels • Aesthetics • Trees along sidewalks; more landscaping • Improve business frontages • More walkable • Transportation • Improve bus service • Major roadway for cars • Intensity • Okay with urban style development • Transitions to surrounding homes • Transit - oriented preferred What we heard I El comment letters ■ 3 Cities • Fountain Valley CITY COUNCIL MINUTES 10A26,,6 SEPTEMBER 16, 2014 • Garden Grove • Costa Mesa • 6 Agencies • Caltrans ■ OC Sanitation District • Santa Ana Unified School District ■ OC Public Works ■ Southern California Edison • State OPR • 2 Organizations ■ The Kennedy Commission • Native American Heritage ■ Questions on traffic modeling • Requests for wastewater modeling • Support for transit - oriented housing options Specific Plan • Vision and Summary • Context • Land Use Plan & Development Standards • Mobility Plan • Infrastructure • Design Guidelines • Admin & Implementation Vision: A Place for People GUIDING PRINCIPLES 1. Expanded development opportunities that respond to transit investments 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents 4. A sense of place 5. Community health and wellness Land Use Plan • Transit Node • 125 acres • Corridor • 108 acres • Neighborhood Transitional • 15 acres • Open Space • 4 acres CITY COUNCIL MINUTES 10A2727 SEPTEMBER 16, 2014 • Expand with new development Development Standards • Building Type & Form • House • 2/3/4 -plex • Building Type & Form • Bungalow Court • Live -Work • Building Type & Form • Rowhouse • Tuck -Under • Building Type & Form o Courtyard Housing • Building Type & Form o Flex Block • Building Type & Form o Stacked Dwellings • Building Type & Form o Lined Block • Frontage Types & Floor Heights o Frontyard /Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade o 15t Floor Height • 10' NT • 12'C • 15' TN • Parking Table 3 -7. Off - Street Parking Standards NT Residential - occupant 1.0 / unit 1.5 / unit 2.0 / unit Residential - guest j 0.50 /unit 0.25 /unit 0.25 /unit Live- Work/Shopkeeper - 1.0 / unit 1 1.0 / unit 2.0 /unit occupant Live- Work/Shopkeeper 0.50 / unit 0.50 / unit 0.251 unit - guest Nonresidential 1 / 400 sq ft CITY COUNCIL MINUTES 10 2828 SEPTEMBER 16, 2014 Open Space On -site open space I Common 15% of lot Private: 50 — 90 SF 1,200 SF for a House Open Space • Right -of -way • Critical piece of the public realm • Most visible part of corridor • Safe, attractive, functional Mobility I Transportation Context Figure 46. Fixed Guideway Project Route Options Local Transportation Investments • New roadway designs and bicycle facilities - Intersection safety - Reduced speed - Connections north /south and east /west VISION: A place for People. • Buffered Bike Lanes • Protected Bike Lanes • Cycle Track • One -way Bike Path w /inline stop • One -way Bike Path with pullout EIR Results • EIR Released on April 18, 2014 for 45 -day review period CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014 Metrotink/ n.penN rnna Amtrak to co.mmmn Los Angeles A a.con ...... +v.v... a.o d� __ _ _______ .� ----- -- - ----------------------- G..� ..... ____....................... rIT A to cwa.m,m ' ocxsA € e - wne.kx SAPTC i "o ♦ oe xet _ _ 1 $ M nnilink/ All Amtraeto y San Diego ® LGCxNo — Fri Gulcexayrsu� a gwne oglon t IUMe GOrsihmbnl eraw! Narxr Blw airs PagO izn9t ga,re FnNU GewsrySlr Oar NCUk Ogimi{UMae [onsNaraianl ; a,'.- px qM a. P m T.rt'Lap O %.gGU'tl2wayfiLaACar RgasN Siry NMer CwrslOnatiml . -.. -- &aw!Westnlnsln AVe I.R& Ni I.. ftu 1 Cqa 1 .. • Fv� Gu�KwaaSYeeKar FY INB Fulure Ere�rsron w<a Gueewa,y5lr"ercar5rv�y 45ea Local Transportation Investments • New roadway designs and bicycle facilities - Intersection safety - Reduced speed - Connections north /south and east /west VISION: A place for People. • Buffered Bike Lanes • Protected Bike Lanes • Cycle Track • One -way Bike Path w /inline stop • One -way Bike Path with pullout EIR Results • EIR Released on April 18, 2014 for 45 -day review period CITY COUNCIL MINUTES 102929 SEPTEMBER 16, 2014 • Planning Commission public hearing held on May 12, 2014 to take comments • City received 11 comment letters • Impacts mitigated to less than significant levels • Cultural Resources • Hazards and Hazardous Materials • Hydrology and Water Quality • Noise • Traffic • Significant and unavoidable impacts o Air Quality • Short-term construction • Location within SCAQMD non - attainment area Retention of Existing Zoning z� CITY COUNCIL MINUTES 10 30 SEPTEMBER 16, 2014 Recommended for approval by the Planning Commission August 25, 2014. • Certify the Final EIR 2014 -01 and approve: • Mitigation Monitoring and Reporting Program • Findings of Fact • Statement of Overriding Considerations • Approve General Plan Amendment No. 2014 -01 • Adopt Zoning Ordinance Amendment No. 2014 -01 • Adopt Amendment Application No. 2014 -01 Council discussion ensued. • Councilmember Benavides, asked series of questions regarding improvements. • Councilmember Martinez, asked about mixed use and acreage of housing available; clarified TOD (Transit Oriented Development); offer retail component; add hotel or other entertainment and what kind of uses could be added; also, asked if Council could approve higher height building. • Interim Director Haluza, noted that individual request coming to council. Mayor Pulido opened and closed the Public Hearing. The following speakers address the City Council on the matter: CITY COUNCIL MINUTES 103111 SEPTEMBER 16, 2014 • Susan Emery, representing the City of Garden Grove, request City Council retain their ability to have discussion on theme park at site in the future. • Doug Brown, interested in having the Rocco Salvage property included to improve the area. • Gil Sanchez, resident of Santa Anita neighborhood, concerned that map does not have street names included to know what neighborhood impacted; if property raised what kind of compensation; notice if any take - aways. • Richard Kelter, representing Riverview West Shopping Center, support plan to revise Harbor Blvd. Mayor Pulido closed the Public Hearing. Interim Director Haluza, would not acquire any property or street widening project, just a rezoning project. Council discussion ensued. Mayor Pulido, concerned that flexibility allowed; too much flexibility may have unintended consequences. Interim Director Haluza, noticed that walkable life is goal; mixed use; estimated housing could be several thousand housing units. Mayor Pulido, supports taller units and retail; how to approve Plan with cap to protect opportunity for other development including hotel and street car along Harbor; also requested that staff follow up with the individual whose mother lives in the area to provide further details and answer questions. Councilmember Amezcua, need safeguards to limit housing. Interim Director Haluza, cannot strip; strategic is to have Economic Development component and create a framework. Mayor Pro Tern Tinajero, do we have authority to deny (discretionary or vested right); concern that developers not looking at best interest of the City. Interim Director Haluza, require a CUP for multi - residential units to require then to go to PC and Council. Councilmember Sarmiento, Willowick carved out and for record reflect that no down zoning and remain status quo; opined that staff has inverted zones permitting housing from earlier discussion with City Council; need to increase sales tax and need to develop area. CITY COUNCIL MINUTES 10A 323n SEPTEMBER 16, 2014 Mayor Pro Tern Tinajero, agree with Councilmember Sarmiento; SCAG need decision by end of October; motion to continue to next meeting and seconded by Councilmember Amezcua. Councilmember Reyna, thank staff for community outreach; believe that CUP will allow for flexibility. Interim Director Haluza, affordable housing at 15% of units required and extensive community outreach conducted. Councilmember Benavides, thanked staff for community involvement; potential is great with walkability; area underutilized; promising plan with opportunity for variety of uses; what can council do to address some of the concerns raised that will allow intensity and take action and not delay and pending projects; what is the process for amending Plan; supports bike buffers; requested a written response be provided to the City of Garden Grove confirming the statements made by staff regarding the Willowick Golf Course property. Interim Director Haluza, addition of CUP and include goal and emphasize on what type of use could be /permitted; could happen for next meeting; plan could be open at any time; noted that Doug Brown request would actually restrict area rather than maintain commercial designation. Councilmember Martinez, create policy statement that will not accept E-IR Report on nodes; impetus to consider Economic Development Plan and tie to the Plan; sustainable communities incorporated; friendly amendment proposed to remove on- street parking (request tabled). Councilmember Benavides, include provision of CUP requirement; concerned that eliminating on- street parking would increase traffic. Interim Director Haluza, clarified where the 6 -8 level building allowed. MOTION: Continue consideration of matter for two weeks, to the October 7, 2014 City Council Meeting, MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 10A3333 SEPTEMBER 16, 2014 COMMENTS 90A. CITY MANAGER'S COMMENTS • Reported that City has hired an Active Transportation Coordinator; and • CitX will host Downtown Complete Streets Meeting on September 25 and 26� . 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Concerned with spraying; important to communication with City Council prior to resident notices going out; • Concerned with reduction of crossing guards; City Council needs to be apprised before changes made; • Asked staff to provide options and evaluate possible moratorium on City's SB2 Ordinance; • Requested a copy of the existing Code of Conduct and asked that the Ethics Council Committee develop recommendations for revisions to be approved by the full Council; • Attended the League of California Cities Conference, September 3 -5, 2014 where they considered water conservation in Northern California and medical marijuana issues; and • Attended Pro Walk, Pro Bike Conference in Pittsburg, September 8 -11, 2014, where they consider all modes of transportation. Councilmember Sarmiento: • Spoke on homeless shelter; County Board of Supervisor considered earlier today; requested staff to assist the County and the Board of Supervisors locate an alternative site for the homeless shelter currently being proposed on Normandy; • Requested a review of the Code of Conduct and additional ways to approach meeting decorum; • Attended Legislative Advocacy meeting in Washington DC in August; and • Congratulated all on Mexican Independence Day. Mayor Pro Tern Tinajero: Asked all to respect police officers; extend apology for not following decorum; and CITY COUNCIL MINUTES 10A 343w SEPTEMBER 16, 2014 • Reported that Planning Commission recently had vote to re -affirm that all follow the disclosure rules; matter scheduled for consideration by the Code of Conduct and Ethics Committee. Councilmember Amezcua: • Wished all happy Mexican Independence Day; • Thanked staff for another successful Fiestas Patrias; and • Children back to school and wished all a happy school year. Councilmember Reyna: • Asked all to conserve water; • Participated in parade and walk; thanked all participants; • Attended football game with Godinez losing, but it was a fun event; • Important for staff to improve communication with elected officials; • Requested a comparison of the City's business license fees with other cities; and • Urged all to shop in Santa Ana. Councilmember Benavides: • Fiestas Patrias held over the weekend; success event and thanked staff and attendees; • Echoed comments by colleagues on decorum issues at prior council meeting; how to handle in the future and need clear instructions on how to handle; • Attended Legislative Advocacy meeting in Washington DC last month; • Asked for clarification on disclosure requirement of Planning Commissioners, verbal disclosures provided by appointee; o City Attorney Carvalho, indicated that disclosure is separate from sunshine ordinance and requires them to disclose communication; Code of Ethics Council Committee to consider the matter and bring back to City Council for approval. • Request City Council consider resolution in support of on Samuel Sixtos at the next City Council meeting — agendize as an 85A at next City Council meeting; • Spoke on proposed homeless shelter site; comprehensive solution needed; and • Challenge accepted to visit Compton initiative; 9/21 several churches serving eastside neighborhood — La Santa Ana Initiative; murals and drought resistant items and house painting taking place. Mayor Pulido: CITY COUNCIL MINUTES 103535 SEPTEMBER 16, 2014 • Met with Executive Director of Vector Control and reported that spraying postponed indefinitely; have come up with alternative solutions and methods including neutering and adding fish pools to combat Councilmember Martinez: • Request presentation by Orange County Vector Control on West Nile is provided at next City Council meeting. *Mayor Pro Tern left the meeting at 10:37 p.m. and did not return. * Councilmember Amezcua left the meeting at 10:42 p.m. and did not return. ADJOURNED- 10:59 p.m. - The next meeting of the City Council is scheduled for Tuesday, October 7, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal CITY COUNCIL MINUTES 10A3636 SEPTEMBER 16, 2014 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER - FINAL TRACT MAP NO. 17627 (1030 SOUTH EUCLID STREET) (STRATEGIC PLAN NO. 3,2) CITY MANAGER go RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17627 (City Tract Map No. 2013 -06), for 1030 South Euclid Street (Attachment), from the owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and approval. The lots of this map are zoned 17627 was approved by the City Council approve or disapprove this map within 10 2014. STRATEGIC PLAN ALIGNMENT is in the process of reviewing the map for final for residential use. The Tentative Tract Map No. on December 16, 2013. The City Engineer shall days after the City Council meeting of October 7, Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Al-�- F d ausavipour, P.E. Executive Director Public Works Agency FM:AC Exhibit: Map 17A-1 EUCLID STREET ...��1►�® N.T,S I I ILOT 1 LOT T I I LOT 2 I LOT 6 I I I LOT 3 LOT 9 I , w 1 LOT 4 LOT 10 L I W Z � W Z a1 LOT 5 J LOT 11 Q I > Q a Z t- I a o f a: yn LOT 6 1— LOT 12 0: LJ 0 Q V1 Q z Q I a 0: z I o f w i t m l I LOT 13 J I W I LOT 14 I I MAXINE STREET I I I r I I I o 0 o I I I I I I- - DEMING STREET I L - WARD STREET _ - EXHIBIT 1 SANTA ANA Title: Pf� Agendo Dole City Council TRACT MAP N0. 17627 ;,October 7, 2014 1030 SOUTH EUCLID STREET ftmommw REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} CITY MANAGIl RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 56 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachment 19C -1 19C -2 MEMORANDUM To: Maria Huizar Date: September 17, 2014 Cleric of the Council From: Treasury Services Supervisor Subject: REQUEST FOR DESTRUCTION OF RECORDS The Finance & Management Services Agency is requesting consent to destroy city records relating to the Treasury division. The City Attorney approved our request on September 11, 2014. Please add this item to the next City Council meeting schedule on October 7, 2014. Minerva H. Mancha Attachments C: Willard V. Holt, Treasury division 19C -3 MEMORANDUM TQ; Jose Sandoval, Chief Assistant City Attorney Date: August 27, 2014 City Attorney's Office From: Executive Director of Finance & Management Services_ Subject: RGQUFST FOR DESTRUCTION OF RECORDS The Finance & ylanagement Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council [resolution $006-WA& 7-013 -U►i. �. Thank you. Francisco Gutierrez Attachments C: Willard V, Holt, Treasury Division 19C -4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY — TREASURY DIVISION 2014 19C -5 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES BANKS Daily Bank Balance Reports of daily banking activity. Jun 2011 Report and Prior Deposit Slips Treasury's copy of all City deposit slips sent to bank Jun 2011 and Prior Returned Checks Copies of customer checks returned by bank, letters sent Ju 2011 an Prior to customers and other miscellaneous documents Statements Statements relating to investment banking, n 22 and P�lor Transfer Activity Records Documents pertaining to the wiring of funds tolfrom bank Jun 2011 accounts and Prior Jun 2011 BUSINESS Monthly Register Miscellaneous Business License Account Summary and Prior LICENSE TAX Reports Information reports. Deletion Records Deleted and /or cancelled accounts. Jun 2011 and Prior Gross Receipts & Business License Tax statements filed by business Jun 2011 Variable Assessments operators. and Prior Statements Miscellaneous Receipts Receipts for miscellaneous payments. Jun 2011 and Prior Original Applications Original business license tax applications. Jun 2011 and Prior Payment Records Statements relating to calculation and payment of Jun 2011 business license tax. and Prior Renewal Registration Statements relating to business owner information Jun 2011 Records and Prior Payments / Daily Cash Business License Tax payments received and processed Jun 2011 Receipts via Treasury cashiers. and Prior CHECKS Voided / Canceled Checks voided /canceled; issued by the City; Includes Jun 2009 Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior Reports Vendor; includes checks voided as a result of printer misali nment. 19C -5 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES CHECKS (cone.) Paid Paid checks issued b the City;, inclVes Housin Authority, Workers Cxmpensanon, ayroll and Vendor Jun 2009 and Prior checks. Transmission of all List of all Cik checks issued to allow bank to clear checks Jun 2011 �he ks issued by City to 3an�C. through ace iunt for Positive Pay purposes. and Prior DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination Jun 2011 records. and Prior Reports Daily payment infor anon; unpostables; renewals; Jun 011 noncompliance; tag I}st; penalties and rior Payments / Daily Cash Dog License payments received and processed via Jun 2011 Prior Receipts Treasury Cashiers. and Cancellations Dog Licenses cancelled Juq 2011 and Prior HOTEL Piling Records Original Registration Jun en P TAX fo Payment Records Monthly filings and remittances Jun 2011 and Prior WATER Applications for Service Original copies of applicatio%for installation of new water Jun 2011 Prior ACD UNITS service originated by Public Works and MII,INIC fIAL Billing Register Reports Computerized reports detailing accounts billed & Jun 011 Prior U ILIT respective charges and TS Work Orders Investigations of water meter notices and meter Jun 2011 exchanges and Prior Customer files Miscellaneous information I correspondence regarding Jun 2011 customer accounts and Prior Deposit Reports List of Municipal Utility Service accounts that have a Jun 2011 deposit and Prior Payment Report Lists dail re eipts processed via Treasury Cashiers to MunicipalyUtil ity Service accounts by account number Ju 22,011 an � Pdor Payments Daily receipts processed to Municipal Utility accounts by Services Jun 2011 Prior account number and Municipal Utility Services Municipal Utility service Refunds requests and backup Jun 2011 Information and Prior Aging Report Lists balances of all Municipal Utility Service accounts Jun 2011 and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury Jun 2011 and Prior PARKING Collections temization of citation payments collected by contract Jun 2011 CITATIONS service agency and Prior 19C -6 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Register Parking Citation Payments process by Treasury Staff Jun 2011 RAffKINC and Prior cont, Amounts Written -oft List of parking citations written -off by DMV Jun 2011 Report and Wons Referred to Itemization of citations referred to DMV for collection Roll ann Poll l DMV Collections DMV parking citation Collections Jun ^011 and Prior R FUND RKL ESTS Business Tax Off! a, Reiltt n Users Tax; a K/liso, Refund requests to Treasury Division; includes supporting documentation Jun 2011 and Prior TREASURY pallyTreasurer's Report of daily revenues received with detail payment Jun 2011 Reports Information and related working papers and Prior Treasu Investment All documents pertaining to Investment Activity Jurn C I Activity an nor TTILIaU,� ERS Ax UU Exemption Applications Homeowners low Income exemptions applications 22 ann C I Filing Records Original registrations ann 20111 Maximum Tax Filings Annual registration and maximum tax payment records Jun 2011 and Prior Payment Records Monthly filings and remittances Jun 2011 and Prior PREPARED BY: .a-7 � Minerva H. Mancha Date Treasury Services Supervisor 19C -7 CONSENT BY: Francisco Gutierrez ate Executive Director Finance & Management Services 7M�9— w- ey is R. Carvalho Date i Attorney 19C -8 Memorandum To: Maria D. Huizar, Clerk of the Council From: Records Manager Christina Holland Date: 9/24/2014 Re: Records Destruction Request Attached is request from the Police Records Division to destroy records in accordance with the City's Records Destruction Policy. If you have any questions or concerns, please feel free to contact me at x8620. Thank you. Christina Holland Santa Ana Police Department, Police Records Manager 19C -9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Records Division Record Record Series Record Description Record Dates Category Original Police Crime, arrest, All crime, arrest, collision, alarm, 01/01/2007 thru Reports collision, etc. information, and vehicle reports, 12/31/2008 completed by officers Prepared by: Name: Carol Contreras Date: July 16, 2014 Title: Records Supervisor Number of boxes to be destroyed: 313 Original reports were scanned and are now accessible in LaserFiche. This is a request to destroy hard copies CONSENT B Carlos Rojas, C ie of Police Date Police Department APPROVED BY: daw-�' A . C'�— alt— ((-1 Carvalho, Sonia R. Date City Attorney Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 1 gf9C_1 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2014 (STRATEGIC PLAN NO. 5, 1) CITY MANAGEA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0=090:1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 13t Reading ❑ Ordinance on 20' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for August 2014. DISCUSSION The August 2014 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachments: Strategic Plan Monthly Report - August 2014 19D -1 19D-2 City of Santa Ana Strategic Plan Summary - August 2014 This summary overview provides the current status of strategies within each goal. Additional details are included in the Monthly report. SUMMARY 1901-3 Goal #2 Youth, Education, Recreation Goal #1 Community Safety 14 12 25 v 10 a 8 21 6 v 20 0 z° 2 . 0 0 m 0 0 -24% 25 -49% 50-74% 75 -100% T 15 Goal #4 City Financial Stability 8 7 y 6 6 10 _. 4 z° 5 4 2 Z 0 o ■ 0 0 m Goal #6 Community Facilities & 0 -24% 25 -49% 50 -74% 75 -100% 8 7 a 6 m v Goal #3 Economic Development 4 `; 12 11 2 ■ 0 0 10 0 -24% 25 -49% 50 -74% 75 -100% v 8 Percentage Completed Color Key: m 6 4 strategy are in early development. 4 implementation of the strategy. O 2 0 1 Z 0 —1 has been fully implemented. 0 -24% 25 -49% 50 -74% 75 -100% Goal #5 Community Health, Livability, Engagement & Sustainability, 20 19 w 15 eo a 10 65 ° 5 5 4 3 6 z . ■ 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #7 Team Santa Ana 10 9 v 8 en v m 6 5 5 N 0 4 d z 2 � 1 0 0 -24% 25 -49% 50 -74% 75 -100% SUMMARY 1901-3 Goal #2 Youth, Education, Recreation 14 12 12 v 10 a 8 6 4 3 0 z° 2 . 0 0 0 0 -24% 25 -49% 50-74% 75 -100% Goal #4 City Financial Stability 8 7 y 6 w 4 m 4 N 0 2 1 Z 0 o 0 -24% 25 -49% 50 -74% 75 -100% Goal #6 Community Facilities & Infrastructure 8 7 a 6 m v i 4 `; 2 0 Z 2 ■ 0 0 0 0 -24% 25 -49% 50 -74% 75 -100% Percentage Completed Color Key: O0 - 24% Necessary steps to accomplish the strategy are in early development. •25 - 49% Work efforts are underway to begin implementation of the strategy. ® 50 - 74% Strategy is currently being implemented. • 75 - 100% Significant progress has been made towards the completion of the strategy or strategy has been fully implemented. SUMMARY 1901-3 V 'i O Y C 3 a °0 3 f0 Q r L h O O O. G1 Y U T S C i 19D-4 e 0 m w LL � o o 0 « o ry o E a m n £ « o c 0 0 0 0 T O o «^ mm n s' y °a o o o„ o E 4yE o o ° E`o c n° -¢ m o `off v l E o o.v.° «> o m a m a v °v o m�-v a oO 0 o ni `v v �O A ma ry o�id o.n 5 >` ° ° `� m v ¢ °i vi o y E E o m _ .N E o ° B. B. v et1 °_ a !C E A °i i a E„ .Q m �°. m o °n o A tR 00 v_ '? 7 a w j it u o u mo 2 U �i m w ° £ n 0 0 ° 4t > w J E $ x o m a ° « s T o 0 0 0 0 0 _ a E E ° E o "° Em °nom n « `o c o- �. x 9 v o c p a m o m E c o c SE c . o o `o o z 3 i b° > ne E i v v° v nv o q o C N V > ° c « o a 0 W a 3 0 °c n 0 b cn m ° m 19D-4 N O N N O 3 C � a , �a C � f0 �' H O O O. M � V T s C 0 19D -5 m m W O O O O O Y N e °n d d ON a d C v n N E_ 8 n _ ti V E E S - 4 0a:2 E a E c v c m a c n c° .m o G a n q - E c S - A ry n d_ w w '^ m ma Fo m'1°G z3m ::� -o w v ° i v n c V a m 'a « E « a o f v a M ° s E oc m a° E Lt £ ° n N ° d o «- v° v z `o ° s D 3 E aE c c ° a o a 3 ° C p '3 K 0 •; 'o EO N S1 d zu° 2 �g� n2r ° i'+ E:_ io G iw .+v ri E .+a o. rvm o �a °m dvi .tig A o o a a m _ 9 O Y o > a U 2 v « C r � � W — « E C' t Ea v n °i s0 a E c o ° a °> q N q °c oa O «_ 3aO m 3 ry N C7�� Em OmT/ r ?q m >'� c A° v'oQ EL i00 nN a Os d m eofl c¢` S o 19D -5 f0 C Q Y H T Y u N O N N 3 OD 7 am i O Q Cl T s c O 19D-6 o m a NO 0 0 O O O O v E_ u > ie no `o E E a u E? m E °o $ ry o °' o E E E E c- 'N E v_ n n u N a 0 9 «. a °„ a o z c z o a E i o a r 6 N m> o rc 35 N 3'mm�.° n °iN o G r14 m12 o `o °a m a "o > w° c w o 3 o E ° o E s a °' B w a A E° Y E w E 0 3 E a .Q -2 a « c' « Q Z5 m 'o °w E c u x 3 S a 3 c cw `o E a° .� `°• o a° o m E c o E E a «« m n° a �� s> E = �, >: rv° aoo vN o 3° E v« ° zii .P q 1O t rv> c 3 '� e z C °�°° o O$ L°'oo$u °_ N 14 �i da 4 a `' >s' 3 �°+ a'° ry 3 .J $'S ry o m r :ry 3 �i nyv k 9 `o o E B ° 0 to r o a a v t� A E E ` > O E A `w n? >o> E a as o a th d d E O O V u O o O O 1 E o = A .°. o « p E a o 'o o n u = m T c m y '- ' >t w o i Q 0 o - rv° a r m° 19D-6 N O Y f9 � C t Q tw 7 Ya � O O O. GJ Y_ V T L C O V i 19D-7 m m 0 o O o H v C Y N o N d N d O < O E > n s ae U « co A a vu m ND aw a oa ° E o fE o u r a u v 3 m m W N.N Onl6 nOMiO °Vf HOm C v w I z doom 15 °n 'a E a c° t m „ a v a •p• E z •• 01 - c 'e aL' - �® E � E m m y u� � m o .`' a s o= o in ri acrid a_d v E $rv�„i .2 v�ri .6 `mry nui„ is « N E E u E N « °u a o a o` if E — Z ap E to v a v E« a o a e £ ° 01 ac m° a a C m m `- c B n m m E N „ ° U a L �➢ 6 6 °u d C d m .n C y tj fwd m „ w cg mE, v a Eo "3 ez w o ry n 0° C c G g i ° 3 mw ro v 19D-7 N O N N � N C � a °A C � � O w Q O y Y U T s c O Ei I 19D-8 m 0 m o d d w 0 0 0 ry ry a ^v Y e o c o e d a v ut n E V O � L00 V 0 n v a a V « V O C N b y a b L C o c °—' « `e 2 N « O O m ry i y y a pC "t a a d O_ o N N Val N 9 O O E S 9 A « E jjj x o m 12 E 'o °w o°. m = $ E E E o \' N i j «O "_ `o `a > 'o E i 'o E .00 ry O A a u o° O m 0« m E° 19D-8 ItT N O Y C O Q OD 7 6 Q Y � C � f7 i O W Q Gi O N � V T L C O C7 19D-9 .o in m .o r a ° .n c m o o m o n o Y N a o b 0 o d n d o v n n E_ S n _ .. s a x 00 m E Ya o 0 ° E c y ¢ d o o a E a a o pppp tj E � m c •• o °' o :' c n� i •' n n= v r E 2 d i w a w °a o S o Y 00 w 'i nio MN ° d Zvi a �r �`° mm ',°`o n i"a c a � E v a 3; c a x - r 'o c E m u o f °c o n a m E a N - o OQ '� ° ° ,t v i 'I M r 9 d V c a n m m d V 2 j 9N E E y o 0 Y x a s a n a c $ Z c E J s E E o c m E m c i o t E C n> n m O ? ? w m v a$ z W E c o> c o t C m p q o x° m o A a r a° o C E E E Z° m m o o y •E 'O d 'p r' E E v OO d 19D-9 R N O N Y f0 � C � Q � 3 R Q Y � C L � O v,- C O y 4T+ s C O 1 y �e 19D -10 m c m m 0 0` (S 0 6 o LL v v a E_ _ _ Tm X d N m� q cc zm o m t F dma baT t d m a z p 9 c 6 0 o - ,E 3 = d 3 c E 3 `o c o `o- r ' A v v„ `o av o a E Y c a . =t1rx o c o o 0 d° c v A fi, n on -� cd15 � 't _ `E 3 o3 `o v E.2 00 E r c E «_ m o66 u A 0 mE S 0 0 0 n 4 E 5 LL >w s y w n n E d C � o q - E > tb o v m 0 d «° =o c E: 0'30 .n o g o o x s° o T C = gg 0 oz3 n N °° j j C C t T O G �' ✓ �. b W i O 3 6 0° v m O 19D -10 C Y C co H O Y LS ItT N O N Y 7 09 7 al O Q N t C O _ Mv 19D -11 `o L n rc z° N m m m m N N LL O O O O LL Ea a LL LL LL LL � LL LL n E d e N g CO a 9 C a d o c r m - S d 3 o E m > c a p > : N o Y 0 and L O K d d m v d R 9 a ✓1 —_ 2 L Z` O 'L V> `d N m o °£d0ty eoce c aav v v N 3 3 E v o w r o on A$ N c� v'+° 01a n� o > u z N? 3 o 0 'T+E o v E o 3 v_ IS ^ E 00 a'3 E w« c t E a m r q r° o° E° v'i u °,°O. o° $ n° a 'c v c `o w£ a � T 9 H 0 Q E m c J aYg� C E 3 b d o c q a q a` .`-° E E o d E W q m e -I c o_ o 16 oa Z .d. r> O ° mrvm 3° 22 ZGtEw a 00 LL °u u °a o c `m n u v ¢° O A v a E O 19D -11 `o L n rc z° H O N Y f9 � C � Q � 3 0 Q Y � C Y L O O O' w Y U ? s C m 19D -12 m O m O N u N N .ai ^ N O O >O ry ry V E_ —_ 6 u X m Y = v= ° °— E ou a v ° z = $ °_ a a E c � c = c A - w o O° o u °o� a- � d C .n c •Z_' a E° C c m E° m `w c U'7 n n L awn « q C E V V a m V� O® n « r a ° E a n ¢ °°. Ef d L W N � o «y O O d - C 9 q d m � E= L Y v E o E \N c s C o 3 A N v a ga � 5 c v « E t c tm c E �T. E o 19D -12 It ti O N Y � 3 Q � 3 Y Q C L O C' CJ Y V � L C O C7 19D -13 `o 0 z° m m m m 0 LL 0 0 0 s v e N m o a 0 M 0 a 0 E d E 8 n T - 75 E „ � a° N X N > 2F m ` o 'o m o v v 'a N v o `o 6 a v A o n .°" p o 'tO '`-° v c aav _5 c a u e v ° d q G w' O0 c ° E v m 3 m_" o o `c_ .`_d. co _ U c c — ''°' v d 3�- o s o E o a v 1O 3 n E o E E jof 6 a A Q y ° L - a E tR C x 0 ry > E ° m d o m 00 c° L 3 t'9 E i O 6 c. a a E m' O 19D -13 `o 0 z° a N O N Y C � Q f0 Q Y C L O OS aj Y U ? L C O IW- 0 19D -14 `o 0 s" z 0 o m a o "s m o e N d ry M o d 0 d 0 0 v n E Y 0 > v X E o N H.6 `o 0 E o v a a c E m v tR - a o E V a o � ac a.XiO. Ss � w a `m E E a o 3 n a v T' -o E c v - = a m N Q V C d C tR i p ° c- - on. E � 'O o o o o c o LL ? rc n H u A > a a'� � u E y a u a ~ V L a o Ew c C q a O M y 3 d a o c o E c o o n o E cE O V N a a W H in O i o c d d T _o - °as o n00 vi a (7 d 3no Js 19D -14 `o 0 s" z RT H O N N M _ C dA Q 3 Y Q C ' @ L N O O C v Y u E r C O Ell) 19D -15 0 0 2 s �y N m 00 O N N O m W NN O O O O O m _ m v x 9 « 0 O E d q o a °^ 1^ ° a m +cc •`. A `o zw C o Zo 00 6O - _trio ri nivviW viv rv¢nin o° ° rv�.i ry °m 0 >w a a y o y - s v v c y 1O m o = - a o al N - m a U ^ W o d E. E v m n A n v c m 00 ° ° = N .G 9 O O 19D -15 0 0 2 d' N O N Y C � Q Y C @ L H O w Q O N Y r c O '�i •tl 19D -16 m F W m O o O O o 0 0 0 + v h n E_ u e c m m 16 E w c c _J o a v ° o v s c t E m o `,r E r v o= c n r a a a r a c 'm E m E T �°, ° A 5 - - E $ 'E ni v o $s c n ° .°°. q``° m `o a� v E 'o o v m m° m m° r c- 'o v °> a ° a E a o ac r 3 E .4 o v o -va °v m a m E n 3 E _ - o r o o_ a v E� at ° o a -- o r m of E 2 E v e°Vp o a d o t m 2. m° E a n E 'C O° .c N 0 p C 6 L _ O Q p % N - n o m m G o vam qq° _ aa_z 00 mr o V o9-' «Na : E t.£ n mvj m¢ wv�=w mu E in` -' E o E .. E o° y cc o « a n CdU W y O O Y C E C v O w c _ as v C c m a w E v m m _ E ➢ W.2 w C o o o R -= m E y o E E« o °n o f m w v E a v c o = E o a m o `� c� A o E ponE a00 ° 19D -16 N O N Y L t Qto 3 6 Q Y � G L H 0 4� Q C) Y cc V T L 0 0 ► 19D -17 € 0 0 0 N � N m o° N O O ry O H N C E Ti LL � LL N LL LL n E v 2 n u > :E „ n c N a 1 60 o g y 3 m 3 L °q ✓ E� Y 6 C N'Y ` L O¢ 6 C 4 V Y a m V >i y C N m> V 0 E m o o EP > m - ° > E 1 o v Zo o O, « .o o _on -` F n `° `° m a -\ E E 'o d o p e m 00 0 3` o Y p£ c E„ '� o° o `a o f .v .6 ' m 6° O m w m 3 N s E es E r y °' o u,2 A 3 � w > °'wz .i E„i d�+ie« � � nu > �°. r i 6 m > d d L V _ Y o c w d n c o L c v v EE o a c v o c E u d q C d> o c n u C n a C a G E c o c m E t5 o o t5 d o ry n o v p„ V v A > a c 1O w m > C dv 00 -° E C = c ' m o o w E w g n n v ° ° nO .` n aiv � a 19D -17 N O Y C 3 a °q f0 Q Y � C Y � O O G G/ V � s C O i 19D -18 m m 'm m 'o w C e m m v d n E _ O -> r-E9 ¢ H « v N - G - _ E 15 E o o w a E E E 'c E 41o p o q£ d 9 > a¢u v v a E -`- a o n E a E 8 m q o° c 9� a ' `e 5 E o o E _ � qm vEn oN � n 00 v vd E adze y�E'Md> >a� c `a as �.3o L u E w qm m z v u uac d �cOr y9 n C P Urn C u 2 w a a « 5 mn o 0 E � E C c oc b«° N n5� `FOm v0A .m5n `o O a wmS E A ooA i c yo; ca �'E Z5 E r- o c u b- b° " E £ ° u a 7E `o o a" u c E- `o OO O E `o b o q o om= .. "o .o o .c .o F 19D -18 Rr N O Y R � C O Q � f0 Q a+ � C � H O w a O 41 cc V T s c O Mv 19D -19 o o "a 1h o 0 0 0 0 d m n E _ m V e d tea, "3d °' v 'o 'o .s o G .6 N d - y s = C � W n o i _ E ? i a E i q at a o m O o o a$ o o > u8rc 3u Fn a Sig °s E `o °i G._ 50 _ `g d c a o 8 n r v m� t tga n c u 20 o_ c E£ a i N 0 Y A D C 3 Q tko 7 R Q Y � C L O O M cz N Y (J ? 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(]� � {: � r = • : 1 - : 2 !!r \ \73 } \e - 0 o t§ j E - f \ \\ \\ \ \\ ■i« ) ! e ! f \{ _ - 1 o - )/\ 0 c6 j\ 19D-22 d' N O N Y R � C O Q � 7 f6 Q Y � C Y L � O w G O y r � U > L C O l � 19D -23 o o` o C ay d d a d d v c LL LL � LL Ti > w n E U m W u' me w� 3 to a o °• E e 6 u E a E E v d E a i m c 3 c E o t 5 °- 2 v ry � v c c— W o 3 °—° i m a a 3 ° E ao aU z °m 4T >�300 o ° f'rE 'p Ni' f d0 E° rc$ c 66 n n E ° o a E E n i a o a .a 'G °o o„ E° `o_ `o a o 00 « E m c E v E n m a c m c _ _ °m G o a a E o E> _ E v E o zO° v 3 E — v ° — _ a o v >« o O a y E ° r 'o g o ry A a2i o. A m y O O d W'O V a N ° - s o °o c Arva c E m rm— vE cy ac a E o .00 E `o o d a Ci o O ry w d 19D -23 d N O N N � 3 Q � 3 f6 Q C R i N O O CL aT� OC s C O G 19D -24 0 a a 9 `w di z° m m m w m 0 m 0 m o O O m o m o D O C e e a fN'1 d b a .Ni d e w E w LL LL LL � w LL � v 0 E U T m e� tv _ o > E - - v ° E A a w E o - °q.E� o c E w E v a a E > t m T = n m >' y Q n o g' m N v° t+ 6u ° y fi m L o E .°.Y o a w� m y -� rej E 5 g O nm ma v °o m�°. 4 ii r d E • E c ti v m t i 'o n° a o c r n > v 0 > E o a d o0 x .E A a o C z 2 c « c v a a a n > n 3 c d o E t4 o t9 2 u uo o w$ `w o o E o a a E ac OO .. `° a n n E > E m w a J a m O v E d° G o t a c J E> 19D -24 0 a a 9 `w di z° REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED AT 1221 N. HARBOR AND 335 E. ADAMS, SANTA ANA {STRATEGIC PLAN NO. 3,3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Attorney to engage special legal counsel, Silver and Wright, to file receivership actions against owners of the real properties located at 1221 N. Harbor and 335 E. Adams in the City of Santa Ana. DISCUSSION The City has recently used the California Health and Safety Code Receivership option to successfully resolve difficult code enforcement matters in both commercial and residential areas. Receivership is a legal process through which control of a piece of real property is temporarily taken from the owners and placed with a court- appointed officer: the Receiver. These receiverships are used primarily for abandoned and substandard properties where the owner has a history of noncompliance with a city's code enforcement efforts or in emergency situations where real property presents an immediate threat to health and safety. The use of the receivership option is a dramatic, immediate and comprehensive process that eliminates slum conditions or habitually substandard properties at no expense to the referring agency when it is the prevailing party. This process also communicates to the public that the City is actively protecting residents and tenants from dangerous conditions created by absentee or recalcitrant property owners. Attached are fact sheets concerning the real properties at 1221 N. Harbor and 335 E. Adams. Community Preservation has identified both of these properties as candidates for receivership actions. 19E -1 Authorization to File Receivership Actions Against Owners of Real Properties Located at 1221 N. Harbor and 335 E. Adams October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3, Economic Development, Objective 3. Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community. FISCAL IMPACT The receiver laws provide for the full recovery of legal fees and the value of staff time. As a result of the success of the initial receivership, the City created a Receivership Fund Account (account no. 09801001 24042). The idea is to use the funds in this account to fund additional actions and to replenish that account through the recovery of legal and staff expenses in each action. Attachments APPROVED AS TO FUNDS AND ACCOUNTS: A,wC'mWL� 0�\e, . Z g Francisco Gutierrez Executive Director Finance & Management Services Agency 19E -2 Receivership Recommendation ADDRESS: 1221 N. Harbor AP # 198- 101 -01 OWNER OF RECORD: Pauline Pham Receivership Recommendation Location: Riverview Corridor - Adjacent to commercial businesses in a heavy commuter corridor, corner property on Harbor Street. Zoning: SP2 Conditions: Substandard conditions- Vacant secured property. All electrical, plumbing and metals have been removed from the interior (shell dwelling). Roof and walls are collapsing in certain areas, weatherproofing issues on site, no landscape. Information: Property is currently secured. No activity has been recorded or obtained for correction of violations. No future project pending. The dwelling has been vacant for many years. Active squatter activity per the SAPD, Code Enforcement Department has boarded up the property several times because of squatter behavior. Current: Notice and Order active 19E -3 Receivership Recommendation ADDRESS: 335 E. Adams AP # 016 - 043 -19 OWNER OF RECORD: Thomas Gallegos Receivership Recommendation Location: Delhi Neighborhood - Adjacent to dense residential properties and elementary school. Zoning: R2 Conditions: Substandard conditions- Vacant secured property. Roof is deteriorating, weatherproofing issues throughout dwelling. The dwelling has been vacant for many years with no current project or corrections recorded for near future. Information: Dwelling has been vacant per records since 2007. Our department has received over 17 complaints regarding an illegal auto repair business on site. Current: Notice and Order active 19E -4 0 , r • , 0 CITY COUNCIL MEETING DATE: OCTOBER 07, 2014 TITLE: CONTRACT AMENDMENT WITH HOME DEPOT FOR HARDWARE SUPPLIES AND LUMBER (SPEC. NO. 11 -063) (STRATEGIC PLAN NO. 6,2) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Home Depot for the purchase of hardware supplies and lumber by $38,000 for an annual amount not to exceed $98,000, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services to all City agencies. Home Depot provides hardware, lumber and a variety of sundry supplies for immediate electrical, plumbing and general maintenance repairs at park facilities, Santa Ana Zoo, and various other City owned buildings as well as materials for Public Works Agency Water Resources Division. On December 19, 2011, the City Council awarded a three -year contract with provision for three one -year renewals to Home Depot based upon a U.S. Communities contract. Due to budget constraints the original budgeted amount was reduced to $60,000. As a result of increasing deferred maintenance, staff is requesting additional funds. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no 63001). Francisco Gutierrez Executive Director Finance and Management Services Agency DS /sp 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CONTRACTS AWARD FOR REPLACEMENT VEHICLES AND NEW BOBCAT SKID -STEER LOADER (SPEC. NO. 14 -058) (STRATEGIC PLAN NO. 6, 2) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts to National Auto Fleet Group for the purchase of various replacement vehicles in an amount not to exceed $446,799, and Clark Equipment Company for the purchase of a new Bobcat skid -steer loader in an amount not to exceed $50,250, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Facilities, Fleet Maintenance, and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Replacement of City vehicles is based on mileage and performance. Due to budget constraints in past years, only Police Department patrol units were replaced. Consequently, other vehicles have exceeded their useful lifecycle resulting in increased maintenance and repairs costs and lowered vehicle performance. Based on the City's lifecycle replacement criteria the following Police and Public Works Agency vehicles will be purchased: two Honda Civics NGV, three F -250 Ford trucks, six Ford Interceptor Police sedans, one Chevy % ton utility truck, and one Ford Explorer. The vehicles being replaced range from model years 1998 to 2006 and therefore experience more downtime and require an aggressive and more expensive maintenance program. Additionally, the Public Works Agency Water Resources Division performs a variety of maintenance and repairs to the City's water distribution system. A skid -steer loader is needed to collect soil, mud and other debris during water system repairs. This piece of equipment will allow for prompt cleanup and eliminate debris from City streets. 2213-1 Contracts Award for Vehicles and Skid -Steer Loader October 7, 2014 Page 2 Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Joint Powers Alliance contracts with National Auto Fleet Group for fleet vehicles and Clark Equipment Company for heavy construction equipment were awarded as a result of open competitive bidding, and meet the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #2, Address deferred maintenance on City buildings and equipment. FISCAL IMPACT Funds are available in the Fleet Maintenance Equipment Replacement account (no. 07510101 - 66400for $338,554) and in the Public Works Water System Maintenance, Water Quality & Measurement and Water Administration /Engineering accounts (nos. 06017641 -66400 for $50,250; 06017644 -66400 for $58,245 and 06017645- 66400 for $50,000). IVA IA,,_�� Fre Mousavipour, P.E. Executive Director Public Works Agency CODS /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CIVIC CENTER — JOINT POWERS AGREEMENT AMENDMENT AND RESTATEMENT BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE {STRATEGIC PLAN NO. 6, 1B} CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment and restatement of the Civic Center Joint Powers Agreement between the City of Santa Ana and the County of Orange, for a period of ten years with ten year extensions upon mutual agreement from the effective date of the amendment and restatement, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On January 17, 1966, the County of Orange and the City of Santa Ana entered into a Joint Exercise of Powers Agreement forming an Orange County Civic Center Authority for the purpose to plan, construct and maintain a comprehensive Civic Center in Santa Ana. Under the initial terms of this agreement, the County and City deeded land to the Authority to develop the Civic Center. The Joint Powers Agreement has served both agencies successfully to develop and maintain the Civic Center. The original Joint Powers Agreement is for a 50 -year term and will expire on January 2016. Through the years, the Joint Powers agreement has been amended six times: 1) in June 1970, to address conveyance of property to develop City Hall; 2) in December 1970 to make available steam and chilled water to the City; 3) in December 1984, to quitclaim the Orange County Men's Jail and the Intake /Release Center to the County; 4) in November 1991, to grant deed the Men's Jail and the Intake /Release Center to the County; 5) in February 1994, to quitclaim back to the City and the County all the remaining parcels owned by the Authority; and 6) on July 20, 1999 to modify the minimum of meetings held annually. The proposed amendment and restatement of the Joint Powers Agreement will extend the term for ten years, with ten -year extensions upon mutual agreement, thereafter. Either party may terminate the agreement at any time with a 180 -day written notice. The amendment will also simplify and update the purpose, powers and governance of the Authority. The prior amendments to the Joint Powers agreement will be simplified and prior land grants, which are now irrelevant, will be omitted. 25A -1 Civic Center Joint Powers Agreement Amendment and Restatement October 7, 2014 Page 2 The original structure of the Authority, with a governing board of private citizens and quarterly meetings was designed to ensure proper guidance on the development of the Civic Center. The Civic Center is now largely built -out and focus is mainly on operational and maintenance issues. The proposed Restated Joint Powers Agreement replaces the prior governance structure with an agency staff - oriented governing body appointed by the County Chief Executive Officer and the City Manager. The proposed Restated Agreement will allow the Authority to expand the County's ability to make improvements to facilities necessary to also provide electrical power to the Civic Center Facilities, The County currently provides steam and chill water to City Hall, the Federal Building, the State Building and the Superior Courts. The prior Joint Powers Agreement also gives the Authority powers common to the County and City for acquiring, constructing, maintaining, operating, leasing, public improvements and providing steam and chilled water; for the maintenance and operation of buildings and facilities; and all acts necessary to exercise the common powers in a manner consistent with the County's ability to exercise similar powers. The Restated Agreement modifies this provision to state that the powers must be exercised consistent with the City's exercise of similar powers and within County limits. This change will allow projects undertaken by the Authority to benefit from the City's expanded authority for alternative delivery methods for public works projects. The Orange County Board of Supervisors approved the amendment and restatement of the Joint Powers Agreement at their September 30, 2014 meeting. In addition, the City and County will propose, at a later date, several implementing agreements concerning Civic Center issues such as parking, security and maintenance. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1, Establish and maintain a Community Investment Plan for all City assets, Strategy b, Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT There is no fiscal impact associated with this action. GerarA Mouet, Executi e Director Parks, Recreation and Community Services Agency 25A -2 AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA AND THE COUNTY OF ORANGE REGARDING THE ORANGE COUNTY CIVIC CENTER AUTHORITY THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA AND THE COUNTY OF ORANGE REGARDING THE ORANGE COUNTY CIVIC CENTER AUTHORITY ( "Restated Agreement ") is dated as of , 2014 ( "Effective Date "), and is by and between the COUNTY OF ORANGE, a political subdivision of the State of California ( "County ") and the CITY OF SANTA ANA, a municipal corporation ( "City "). County and City may sometimes hereinafter individually be referred to as a "Party" or jointly as the "Parties." WHEREAS, the City and the County previously created the Orange County Civic Center Authority ( "Authority ") pursuant to California Government Code Section 6500 et. seq., by agreement dated January 17, 1966 ( "Prior Agreement "); and WHEREAS, the City and the County are each empowered by law to acquire, construct, maintain, operate, lease and sell public facilities and accessory structures; and WHEREAS, the City and County are each empowered to provide electric utility service, steam and chilled water to themselves and others to the extent permitted by law; and WHEREAS, the City and County desire to restate and amend the ,Prior Agreement and amend the nature and scope of the Authority's powers and governance, as more fully set forth herein; and WHEREAS, the Second Amendment to the Prior Agreement, dated December 22, 1970 and the Sixth Amendment to the Prior Agreement, dated June 1, 1999 are the only amendments relevant to the continuing operations of the Authority; and WHEREAS, the City and County wish to restate and amend the Prior Agreement and the relevant previous and new amendments for ease and clarity and to supersede and supplant the Prior Agreement and all amendments thereto. 25A -3 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. Purpose. This Restated Agreement is made pursuant to provisions of Article 7 Chapter 5, Division7, Title 1 of the Government Code of the State of California (commencing with Section 6500, hereinafter called "Act ") relating to the joint exercise of powers common to the City and the County. The City and County each possess the powers referred to in the recitals hereof. The purpose of this Restated Agreement is to exercise such powers by acquiring, constructing, maintaining, operating and leasing public improvements with facilities and appurtenances necessary or convenient therefor, with the further purpose to provide electric utility service, steam and chilled water as permitted by law within the Campus, as defined in Section 16. Such purpose will be accomplished, and said common powers exercised, in the manner hereinafter set forth. SECTION 2. Term. This Restated Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of ten (10) years from the date hereof and shall automatically renew for ten (1.0) year increments thereafter until terminated by either Party as set forth herein. This Restated Agreement shall not be terminated until such time as all revenue bonds herein provided for, and issued pursuant hereto or pursuant to the Prior Agreement, and the interest thereon shall have been paid in full or adequate provision for such payment shall have been made as set forth in the proceedings for the issuance thereof. After such time, this Restated Agreement may be terminated by either Party upon 180 day written notice. SECTION 3. Authority. A_ Creation of the Authority. Pursuant to Section 6506 of the Act, there is hereby created a public entity separate from the Parties hereto, to be known as the "Orange County Civic Center Authority" ( "Authority ") and said Authority shall be a public entity separate and apart from the City and the County. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Party to this Restated Agreement. B. Governing Board. The Authority shall be administered by a governing board of five members, each serving in their individual capacities as members of the governing board. Two members, who shall be County employees, are to be appointed by the County Executive Officer. Two members, who shall be City 25A -4 employees, are to be appointed by the City Manager. The fifth member shall be selected by the County and City members, and will preferably be an employee of a government agency located within the Civic Center Campus. Each member shall serve a four year term at the pleasure of the appointing entity. Such governing board shall be called the "Governing Board ". The Governing Board, which was known as the Civic Center Commission in the Prior Agreement shall have the same rights, powers, authority or obligations as granted to the Civic Center Commission in other documents in which the Civic Center Commission was a party thereto. C. Meeting of the Governing Board. (1) Regular Meetings. The Governing Board shall provide for its regular, adjourned regular and special meetings; provided, however, it shall hold at least one meeting each year. The Governing Board shall hold other such meetings during the year as shall be determined by the Governing Board Chairperson or any other member of the Governing Board. The dates upon which, and the hour and place at which, any such meeting shall be held shall be fixed by resolution, minute order or any other method permitted by the Ralph M. Brown Act. (2) Ralph M. Brown Act. All meetings of the Governing Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). (3) Minutes. The Secretary of the Governing Board shall cause to be kept minutes of the meetings, both regular, adjourned regular and special, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Governing Board and to the City and to the County. (4) Quorum. A majority of the Governing Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. (5) Tie Vote. In the event of a tie vote by the Governing Board, no action will be taken on the subject matter of the vote. D. Officers. The Chairperson of the Governing Board shall be a County appointee in fiscal years that begin with 25A -5 an odd numbered year (e.g. 2015) and shall be a City appointee in fiscal years that begin with an even numbered year. Vice Chair of the Governing Board shall be a City appointee in fiscal years that begin with an odd numbered year and shall be a County appointee in fiscal years that begin with an even numbered year. The Chairperson shall appoint a Secretary who may, but need not be, a member of the Governing Board. The Treasurer of the Authority shall be the duly - elected, qualified and acting County Treasurer serving ex- officio as Treasurer of the Authority. The Auditor of the Authority shall be the duly elected, qualified and acting County Auditor serving ex- officio as Auditor of the Authority. The Attorney for the Authority shall be the duly- appointed and acting County Counsel of the County or his duly- authorized deputy serving ex- officio as Attorney for the Authority; provided, however, that; (i) when requested by the Attorney for the Authority or on majority action of the Authority the duly - authorized deputy shall assist the attorney for the Authority, and (ii) in the event of any conflict between the County and the Authority, the Authority may, with the prior consent of County, appoint other counsel to represent the Authority in such matter. SECTION 4. Powers. The Authority shall have the powers common to City and County set forth in Section 1 of this Restated Agreement, to wit; acquiring, constructing and leasing public improvements with facilities and appurtenances necessary or convenient therefor, with the further power of providing electric utility service, steam and chilled water as permitted by law within the Campus (as defined in Section 16, below). The Authority shall further have the power to maintain and operate any buildings which have been acquired or constructed by the Authority and the facilities and appurtenances necessary thereto. The Authority is hereby authorized to do all acts necessary for the exercise of said common powers for said purposes, including, but not limited to, any or all of the following: to make and enter into contracts and cooperative agreements with other local agencies, to acquire, construct, manage, maintain or operate any buildings, works or improvements and to acquire, hold or dispose of property within the County, pursuant to this Restated Agreement and the contracts or agreements between the Authority and the Parties hereto and any other public agencies; to incur debts, liabilities or obligations required by the exercise of these powers which do not constitute a debt, liability or obligation of the City of the County, and to sue and be sued in its own name. Said powers shall be exercised in the manner provided in the Act and, except as expressly set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed on the City in the exercise of similar powers. The Authority may also issue revenue bonds, pursuant to Article 2, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6540, hereinafter called the "Bond Act") and any other applicable laws of the State of California. 25A -6 SECTION 5. Fiscal Year. For the purposes of this Restated Agreement, the term "fiscal year" shall mean the fiscal year as established from time to time by the County, being at the date of this Restated Agreement the period from July I to and including the following June 30. SECTION 6. Disposition of Assets. At the end of the term hereof, or upon earlier termination of this Restated Agreement as set forth in Section 2 hereof, all real property of the Authority shall automatically vest in the Party thereto, which has heretofore conveyed said property to the Authority and shall thereafter remain the sole property of said Party. All other property of Authority shall be returned to the Parties in proportion to the contributions made. SECTION 7. personnel. The Authority shall request from the County and /or the City the services of such personnel to serve the Authority ex- officio as may be necessary to carry out this Restated Agreement and shall have power to employ temporary professional and technical assistance for the performance of this Restated Agreement; provided that adequate sources of funds are assured for the payment of such temporary professional and technical services, which are not provided by a Party hereto. SECTION 8. Accounts and Reports. To the extent not covered by the duties assigned to any trustee, the Auditor of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice by any provision of any resolution of the Authority securing its revenue bonds. The books and records of the Authority in the hands of the trustee or the Auditor shall be open to inspection at all reasonable times by representatives of the City and the County. The Auditor of the Authority, within 120 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the City and to the Comity to the extent such activities are not covered by the report of the trustee. The trustee appointed under any resolution of issuance of the bonds of the Authority shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions to said resolution. Said trustee may be given such duties in said resolution as may be desirable to carry out this Restated Agreement. 25A -7 SECTION 9. Funds. Subject to the applicable provisions of any indenture or financing agreement, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds (i) pursuant to the accounting procedures developed under Section 8 hereof, and (ii) as nearly as possible in accordance with normal County procedures, shall make the disbursements required by this Restated Agreement or to carry out any of the provisions or purposes of this Restated Agreement. No gifts, grants, aid or similar payments from any source other than the Parties to this Restated Agreement shall be received and used by the Authority on any land conveyed to the Authority without the consent of the Party which conveyed said property. SECTION 10. Prior Agreement. It is mutually agreed that this Restated Agreement shall terminate, supplant and supersede the Prior Agreement, including any amendments thereto. Notwithstanding the foregoing, the restatement and termination of the Prior Agreement shall not relieve the Parties from any uncured obligations under the Prior Agreement. SECTION 11. Notices. All notices, documents, correspondence and communications concerning this Restated Agreement shall be addressed as set forth in this Section 10, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail, return receipt requested or with other proof of delivery, with postage prepaid, by personal delivery, Federal Express or similar courier service, or by facsimile. Notices so given shall be deemed to have been given upon receipt with the exception of transmittals via facsimile which shall be deemed delivered on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day. Either Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address. 25A -8 To County: To City: County of Orange xx c/o xx ATTN: xx 333 W. Santa Ana Blvd, 3rd Floor xx Santa Ana, CA 92703 Phone: Facsimile: Authority - Secretary: At such address as Governing Board shall designate for such purpose. SECTION 12. Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. SECTION 13. Cooperation. Whenever in this Restated Agreement any consent or approval is required the same shall not be unreasonably withheld. SECTION 14. Venue. The Parties hereto agree that this Restated Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Restated Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. SECTION 15. Interpretation. To preserve a reasonable degree of flexibility, many parts of this Restated Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time which will further define the rights and obligations of the Parties. 25A -9 SECTION 16. Civic Center Campus. The Civic Center Campus ( "Campus ") is generally defined as those governmental buildings within the area shown on Exhibit A, and any future governmental buildings located adjacent to this area. SECTION 17. Severability. If any term, covenant, condition, or provision of this Restated Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. SECTION 18. Successors. The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the Parties hereto. SECTION 19. Authority The Parties to this Restated Agreement represent and warrant that it has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms 25A -10 IN WITNESS WHEREOF, the Parties have executed this Restated Agreement as of the day and year first hereinabove written. THE CITY OF SANTA ANA to Attest: Clerk of the Council (Seal) Mayor Approved as to Form -X1av-C. C y Sonia R. Carvalho City Attorney COUNTY OF ORANGE 0 Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. See. 25103, Reso. 79 -1535 ATTEST: Susan Novak Clerk of the Board of Supervisors Orange County, California Approved as to Form Office of the County Counsel Orange County, California Chair of the Board of Supervisors By: Deputy County Counsel 25A -11 25A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENTS FOR LAW ENFORCEMENT PSYCHOLOGICAL SERVICES (STRATEGIC PLAN NO. 1, 3A) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •• __r ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with The Counseling Team International for law enforcement psychological services, for a three -year period, commencing October 1, 2014, in an amount not to exceed $65,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, for a three -year period, commencing July 1, 2014, in an amount not to exceed $15,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes contract psychologists to provide pre - employment screenings, employee support and counseling, critical interview counseling, training and SWAT consultation. The Santa Ana Police Department has been using The Counseling Team International (TCTI) and Dr. Gruver for several years. On May 8, 2014, a Request for Proposal was issued through the City's Purchasing Division and four vendors were notified. On May 27, 2014, the City received one proposal from The Counseling Team International. TCTI will provide pre - employment screenings, employee support and counseling, critical interview counseling, training and SWAT consultation to the Santa Ana Police Department. The three -year agreement will cover the period of October 1, 2014 through September 30, 2017. The total actual payments to TCTI will be based on actual usage of the services and will not exceed $65,000 for the three -year agreement term. TCTI does not provide court testimony or fitness for duty evaluations. Dr. Gruver will provide court testimony and fitness for duty evaluations. The three -year agreement with Dr. Gruver will cover the period of July 1, 2014 through June 30, 2017. The total actual payments to Dr. Gruver will be based on actual usage of the services and will not exceed $15,000 for the three -year agreement term. 25B -1 Agreements for Law Enforcement Psychological Services October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds are available in the Police Department's Human Resources contract services account (no. 01114402 - 62300). W4 �k Nzia, APPROVED AS TO FUNDS AND ACCOUNTS: Y� a � l Carlos Ro Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agencik 25B -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between The Counseling Team International, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing psychological evaluations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those psychological evaluation services as set forth in Exhibit A to this Agreement including pre - employment screening. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sun to be expended under this Agreement shall not exceed $65,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. 25B -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -4 e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 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. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written infonmation, 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. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -5 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.Q. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.O. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Nancy K, Bohl Incorporated dba The Counseling Team International 1881 Business Center Drive, Suite I 1 San Bernardino, CA 92408 Facsimile (909) 384 -0734 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 r prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice to consultant. The City will pay all reasonable services incurred pursuant to the Agreement up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. E 25B -7 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, 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 goverrunental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council r CITY OF SANTA ANA DAVID CAVAZOS City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police CONSULTANT NANCY K. BOHL- PENROD, Ph.D. Tax ID# 25B -9 EXHIBIT A SCOPE OF SERVICES Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. a. For the purpose of this Agreement, a complete pre - employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. d. Consultant agrees to complete required continuing professional education (CPE) requirement of six (6) hours by August 30, 2014 and complete twelve (12) hours of POST approved CPE every two years beginning September 1, 2014 based on TCTI's biennial license renewal cycle. Complete Post - Traumatic Psychological Incident Evaluation Consultant agrees to give City's Police Department Employees involved in violent incidents, such as a life- threatening situation and /or serious injury or death to any person, complete post - traumatic psychological evaluation. a. A complete post- traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post - traumatic counseling. b. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty -eight (48) hours following the incident. C. A minimum of three (3) follow -up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow -up sessions shall, whenever possible 25B -10 and practical, be scheduled by Consultant at Consultant's Orange County office locations, unless otherwise agreed by involved officer(s). d, If Consultant deems immediate follow -up counseling sessions are not indicated, Consultant shall schedule one (1) follow -up session within a period of not less that fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Such sessions shall, whenever possible and practical, be scheduled at Consultant's Orange County office locations unless otherwise agreed by involved officer(s). Following such sessions Consultant shall provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty -eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow -up counseling session(s). e. Consultant shall provide City's Police Department with a verbal recommendation for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty -eight (48) hours following the incident. f Consultant shall provide City's Police Department with a written psychological assessment of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow -up treatment within five (5) days following the post- traumatic counseling session. g. At the direction and with the consent of City's Police Department, Consultant shall provide similar post traumatic incident counseling services to immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes in doubt. Crisis Interview Counseling Consultant agrees to conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be gravely disabled as a result of psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. a. Consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, Vol 25B -11 Consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. SWAT Consultation Consultant agrees to be on -call and to respond to SWAT call -outs as requested. a. Consultant will provide consulting with the SWAT commander regarding psychological profiles and recommended approach to specific suspects. b. Consultant will assist in interpreting intelligence data in reference to SWAT call -out and /or suspect. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows: I. For complete pre - employment psychological evaluation, City agrees to pay Consultant three hundred dollars ($300.00) per applicant. 2. For complete post - traumatic psychological incident review, and crisis intervention, City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 3. Initial consultation for post- trauma incidents will be billed at a rate of ninety -five dollars ($95.00) per hour. 4. For SWAT consultation and training, City agrees to pay Consultant the hourly rate of one hundred seventy -fifty dollars ($175.00). The total sum to be expended pursuant to this Agreement shall not exceed sixty -five thousand dollars ($65,000.00) during the term of this Agreement. 10 25B -12 25B -13 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of October, 2014 by and between Eric Gruver, Ph.D., (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing psychological evaluations. 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 psychologist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform psychological fit for duty analysis, court testimony, and limited pre- employment screening as those services are set forth in Exhibit A to this Agreement. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $15,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence July 1, 2014 and terminate on September 30, 2017, unless terminated earlier in accordance with Section 12, below. . 25B -14 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 mamrer in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE 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. Based on the nature of services provided commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25B -15 e, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 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. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant agrees to comply with all applicable laws regarding the confidentiality of medical and psychological records including but not limited to HIPPA. 25B -16 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the mammer provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: and City of Santa Ana Police Department Attention: Chief of Police 60 Civic Center Plaza (M -97) P.Q. Box 1981 Santa Ana, California 92702 Facsimile (714) 245 -8090 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Eric Gruver, Ph. D. 2021 E. 4"' Street, Suite 116 Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be 25B -17 effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachraents 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which is not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice. City shall pay all reasonable expenses provided for under the contract incurred up to the date of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 5 25B -18 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager 25B -19 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n By: *"'VIu Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT CARLOSROJAS Chief of Police ERIC GRUVER, Ph.D. Tax ID# 25B -20 EXHIBIT A SCOPE OF SERVICES Review of Fitness for Duty Consultant agrees to review background investigations, clinical interviews, administrative reports and /or other relevant documents to determine an employee's psychological fitness for duty, when so directed by City. a. For the purpose of this Agreement, a fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests and preparation of verbal and written recommendation for employment. b. Consultant agrees to outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and /or evaluation which may be deemed appropriate. C. Consultant agrees to provide City's Police Department with verbal notification as to the above within forty -eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question. Court Testimony Consultant agrees to provide testimony in court when so directed by the City. Consultant is to exercise his own independent judgment, professional training and expertise in evaluating matters and in testifying in Court. City does not direct the content of Consultant's expert medical opinions. Complete Pre - employment Psychological Evaluation Consultant agrees to perform a complete pre - employment psychological evaluation for City's Police Department applicants for the period July 1, 2014 through December 31, 2014. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (P.O.S.T.) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by City's Police Department and agreed to by Consultant. 25B -21 a. For the purpose of this Agreement, a complete pre - employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendations for employment. b. Consultant agrees to provide City's Police Department with verbal recommendation of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. c. Consultant agrees to provide City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. COMPENSATION In consideration for Consultant services, City shall pay Consultant an hourly rate as follows, For complete fitness for duty review City agrees to pay Consultant the hourly rate of one hundred seventy -five dollars ($175.00). 2. For testimony in court and court preparation, City agrees to pay Consultant the hourly rate of two hundred dollars ($200.00). For complete pre- employment psychological evaluation, City agrees to pay Consultant four hundred twenty -five dollars ($425.00). The total sum to be expended pursuant to this Agreement shall not exceed Fifteen Thousand Dollars ($15,000.00) during the term of this Agreement. 25B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING SYSTEM (STRATEGIC PLAN NO. 1, 3A) e--- k CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Linear Systems for maintenance and support of the Digital Imaging Management System (DIMS), in an amount not to exceed $90,000, terminating June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly six - hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Forensic Services section. The current vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system and staff recommends renewal of their agreement. The base agreement will be for a three -year term in the amount of $80,000. An additional $10,000 contingency has been added for unanticipated system modifications, for a total not to exceed amount of $90,000. The three -year term will cover the period of July 1, 2014 through June 30, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25C -1 Agreement with Linear Systems October 7, 2014 Page 2 FISCAL IMPACT Funds are available in the Police Department's Forensic Services contract services account (no. 01114455 62300). APPROVED AS TO FUNDS AND ACCOUNTS: �Az R ile a Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance & Mgt. Services Agency 25C -2 MAINTENANCE AND SUPPORT AGREEMENT THIS MAINTENANCE AND SUPPORT AGREEMENT, made and entered into this 7th day of October, 2014 by and between Linear Systems (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing maintenance to and support as necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has provided maintenance and support for the DIMS system since it was originally purchased in 2004, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide maintenance and support as needed to the DIMS system as outlined in the attached Exhibit "A ". This shall include a one year warranty for enhanced digital acquisition station, image server, forensic services field personnel kits, and two forensic services lab kits. It shall also include on -site maintenance and support for the data base case management rack server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000.00 over the term of this Agreement. This includes a $10,000 contingency for unanticipated system modifications. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25C -3 TERM This tern of this Agreement shall be for a three year (3) year period commencing on July 1, 2014 and terminating on June 30, 2017, unless terminated earlier in accordance with Section 12 of this Agreement. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25C -4 c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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. 25C -5 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. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the 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: Chief of Police, Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245 -8007 25C -6 And City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax(714)647 -6515 To Contractor: Linear Systems 8403 Maple Place Rancho Cucamonga, California 91730 Fax (909) 899 -4346 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 25C -7 12. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25C -8 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR LINEAR SYSTEMS WE 25C -9 Tax. ID # (Title) EXHIBIT A 25C -10 LINEAR SYSTEMS 8403 Maple Place Rancho Cucamonga CA. 91730 90M99 -4343 909. 899.4348 FAX BILL TO City of Santa Ana Purchasing Division M. 16 20 Civic Center Plaza Rm 429 Santa Ana, CA 92701 Sharon Licit (714)6475467 SHIP TO Santa Ann PD Photo Lab 60 Civic Center Plaza Santa Ana, CA. 92702 Min: Heather Heider Account # SAN8471 INVOICE DATE INVOICE # 6/1/2014 20149914 P.O. # TERMS REP SHIP VIA FOB SHIP DA... DUE DATE INVOICED ANNUAL Net 30 JH N/A Source 7/1/2014 7/112014 0610112014 ITEM DESCRIPTION QTY. B/0 LIST $ I UNIT $ TOTAL LSHG0DSD Linear I Year Depot Warranty for Enhanced Digital Acquisition Station 3 2,750,00 8,250,00 LSI1001SO Linear I Year On -Site Warranty for ImageServer 3 8,750,00 26250.00 LSH000SIT Linear I year on -sito maintenance & support COT Database Case Management 3 3,500.00 10,500.00 Rack Server 1,9II000SIT Linear I year software maintenance & support 3 8,750.00 26,250.00 LS[IOOOSWAE Linear ]year additional warranty Forensic Services Field Personnel Kits 3 2,985.75 8,957.25 1,811000SWAE Linear I year additional warranty Forensic Services Lab Kit Canon 3 975,00 2,925.00 LSIl000SWAE Linear I year additional warranty Forensic Services Lab Kit XL -2 3 215.00 645.00 LSII00OSWAE Linear l year on -site maintenance & support for Digital Output Devices 3 5,400.00 16,200.00 DISCOUNT Preferred Customer +Multi -Year Discount - 19,977.25 - 19,977.25 * *Warranty to Cover Period From: 7/1/2014 through 6130/2017 ** Thank you for your business. Sales Tax (8.0 %) Total $80,000000 00 Balance Due $80,000.0. 0' 20°/ restocking fee on all returned merchandise. 50% restocking fee on special orders or on product returned without all original packing materials. No returns on soRwure. All products will be considered shipped complete and undamaged unless Linear is notified otherwise within 48 hours. No returns without a RMA k issued by Linear. All products Carry manufacturers warranty only unless specified in writing. All additional service contracts (Preferred Customer Program) must be listed on invoice. Signature an invoice or acceptance of shipment acknowledges receipt of order. Customers with past due invoices will not be shipped any new orders or RNIAS, Past due invoices from the date of invoice will be charged 25% interest per day as per Department of General Services Prompt Payment Act. Linear Systems is a CERTIFIED SMALL BUSINESS with the Department of0eneml Services REF 90020657. This requires all customers and agencies to be in compliance with prompt payment terms. 25C -11 25C -12 r 0 • a 0 CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH ESRI TO PROVIDE MAPPING SERVICES TO THE POLICE DEPARTMENT {STRATEGIC PLAN NO. 1, 3A} l '-� k CITY MA AGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Environmental Systems Research Institute, Inc. (ESRI) for a one -year period, commencing April 1, 2014, in an amount not to exceed $7,844, to provide mapping services for the Police Department, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department entered into an agreement with Environmental Systems Research Institute, Inc. (ESRI) in 2009. ESRI is the industry leader in providing geographic information systems (GIS). GIS allows Police Department staff to visualize, analyze, and interpret data to understand relationships, patterns, and trends. It helps staff to be more efficient, make better decisions, and keep better records by tying our information to a geographic base. The Santa Ana Police Department uses ESRI's software for dispatching field units, analyzing crime patterns, preparing statistical reports, and sharing crime information with the community. ESRI has been professional and consistent in its servicing of the system and staff recommends renewal of their agreement. The agreement will be for a one -year term not to exceed an amount of $7,844. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25D -1 Agreement with ESRI October 7, 2014 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services Division - contract services account (no. 01114425 62300). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency 25D -2 FOURTH AMENDMENT TO CONSULTANT AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on July _, 2014, by and between Environmental Systems Research Institute, Inc. ( "ESRI "), a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City" or "Licensee "). RECITALS: A. City and Consultant entered into Master License Agreement #N- 2009 -127 (also known as ESRI Contract # 2009MLA4911), dated July 24, 2009, (hereinafter "Agreement ") by which Consultant provided software licenses and maintenance for geographic information system applications called ArcView, which is now known as ArcGIS. This was a sole source contract because ESRI is the company with proprietary control of ArcGIS software licenses and the ability to maintain the software, B. City and Consultant entered into First Amendment to Agreement #N- 2009 -127 -001, dated June 1, 2011, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. C. City and Consultant entered into Second Amendment to Agreement 4N -2009- 127 -002, dated April 1, 2012, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term. D. City and Consultant entered into Third Amendment to Agreement #N- 2009 - 127 -003, dated May of 2013, to extend the term of said Agreement and increase compensation to pay for services provided during the extended term E. In accordance with the terns and conditions of said Agreement, the parties desire to extend maintenance for ArcGIS for an additional one -year period and increase compensation to pay for services provided during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. TERM. This Fourth Amendment extends the term of maintenance for an additional one -year period from April 1, 2014, through March 31, 2015, as set forth in Exhibit A (Consultant's Maintenance Quotation #25613038), attached hereto and incorporated by reference. 2. COMPENSATION. Compensation shall be amended to increase compensation by an amount not to exceed $7,844.00, plus any applicable tax, to pay for the maintenance as set forth in Exhibit A to this Fourth Amendment and shall include for continuity of service, all services provided since April 1, 2014. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. ur //I 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST: MARIA D. ITWZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO CITY OF SANTA ANA DAVID CAVAZOS City Manager ENVIRONMENTAL SYSTEMS RESEARCH INS IFUT, INC. (ESRI) i By: L Name: Chris John_o_,.,,_._,,,,__� Title: jvna nomP4etc once 25D -4 r 9 25D -5 ��v r Earl Inc 389 Now York Street Redlands CA 92373 SUBJECT: MAINTENANCE QUOTE DATE: 12/31/2013 TO: Pete Semelsberger ORGANIZATION: City of Santa Ana Police Dept FAX #: 714- 245 -8090 PHONE #: 714- 245 -6051 FROM: Michelle Burkholder FAX #: 909 - 7934801 PHONE #: 909- 793 -2853 Ext. 2816 EMAIL: mburkholder @esri.com Number of pages transmitted (including this cover sheet): 3 QUOTATION #25613038 DOCUMENT DATE: 12/31/2013 Please find the attached quotation for your forthcoming software maintenance term. Keeping your maintenance current entitles you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. For details regarding the maintenance program benefits for your licensing, please visit http:// www .esri.com /maintenancebenefits. Customers who have multiple copies of some Esri products may have the option of supporting some of their licenses with secondary maintenance. Please contact Customer Service to find out more about the availability of secondary maintenance. For information about Esri Desktop, Developer software, or Web services terms of use, as well as purchase order terms and conditions, please visit http : / /www.esd.com /legal/licensing /software- iicense.html. Do you need training? You can get affordable Esri software training for your entire organization with a subscription to Esri Virtual Campus. To find out how, visit the campus: http: // training .esri.com /gateway /index.cfm For details about ECP discounts and waivers for non -profit users please visit http: / /www.conservationgis.org /grant If you have any questions or need additional information, please contact Customer Service at 888 - 377 -4575 Option 5. 2501-6 Y Redlands, esi■ � ® New York Street Redlende, CA 92373 Quotation Phone: 909.793- 28532818 Fax #:909- 793 -4801 Date: 12/3112013 Quotation Number: 25613038 Send Purchase Orders To: Earl, Inc. 380 New York Street Redlands, CA 92373 -8100 Attn: Michelle Burkholder City of Santa Ana Please Include the following remittance address Police Dept on your Purchase Order: Planning & Research Div Esri, Inc. 60 Civic Center Plz File #54630 Santa Ana CA 92 702 Los Angeles, CA 90074 -4630 Attn: Pete Semelsberger Customer Number: 156392 For questions regarding this document, please contact Customer Service at 888377.4575. Item Qty Material# Unit Price Extended Price 10 1 93094 1,000.00 1,000.00 ArcGIS for Desktop Basic (formerly AreMew) with Extensions Single Use Primary Maintenance Start Date: 04/01/2014 End Date: 03/3112015 1010 3 87193 300.00 900.00 ArcGIS for Desktop Basic (formerly ArCVIew) Single Use Secondary Maintenance Start Date: 04/01/2014 End Date: 03/31/2015 2010 6 93095 900.00 5,400.00 ArcGIS for Desktop Basic (formerly ArcView) with Extensions Single Use Secondary Maintenance Start Date: 04/01/2014 End Date: 03/3112015 Subtotal 7,300.00 Estimated Taxes 544.00 Total $ 7,844.00 DUNSICEC: 06. 313.4175 CAGE: DAMS3 This quotation Is valid for 90 days and Is subject to your Esri License Agreement, The quotation Information is proprietary and may not be copled or released other than for the express purpose of system selection and pumhasedicense. This Information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and /or use tax has been calculated as of the data or this quotation and Is merely provided as a convenience for your organlza8on's budgetary purposes. Earl reserves the right to adjust and rollout sales and /or use tax at the actual date of invoicing. If your organization Is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esd may charge a toe to cover expenses related to any customer requirement to use a third party vendor management, procurement, or invoice program. Issued By: Michelle Burkholder Ext: 2816 IMATCHOOMI To expedite your order, please reference your customer number and this quotation number on your purchase order. 25D -7 380 New Yorl<Street /� ® Redlands, CA 92373 Quotation 0 si n Phone: 909 -793- 28532818 Page 2 Fax #: 909. 793 -4801 Date: 12/31/2013 Quotation No: 25613038 Customer No: 156392 Item Qty Material# Unit Price Extended Price IF YOU WOULD LIXE TO RECEIVE AN INVOICE FOR THIS NAINTZNANCE QUOTE YOU MAY DO ONE OF Tax FOLLOWING, • RESPOND TO THIS EMAIL WITH YOUR AUTHORIZATION TO INVOICE • SIGN BELOW AND FAX TO 909- 307 -3083 • FAX YOUR PURCHASE ORDER TO 909 -307 -3003 REQUESTS VIA EMAIL OR SIGNED QUOTZ INDICATE THAT YOU ARE AUTHORIZED TO 08LICATS FUNDS FOR YOUR ORGANIZATION AND THAT YOUR ORGANIZATION DOES NOT REQUIRE A PURCHASE ORDER, If there are any ohanges required to your quotation, pleasa respond to this email and indicate any changes in your invoice authorisation. If you choose to discontinue your support, you Will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. This transaction is governed exclusively by the terms Of the above - referenced contract, if any, or Hari•s standard terms and conditions at www.cari.com /legal. In order to expedite processing, please reference the quotation number and any /all applicable sari contract number(a) (e.g. NPA, ELA, SmartBuy, GSA, BPA) on your ordering document. By signing below, you are authorizing Esri to issue a software support iavoine in the smaunt of $ plus sales tax, if applicable. Please check one of the following: _ I agree to pay any applicable sales tax. _ I am tax exempt. Please contact me if Bari does not have my current exempt information on file. Please indicate on your purchase order if this purchase is funded through the American Recovery and Reinvestment Act, and whether sari is a Prime Recipient, Sub - recipient, or Vendor for reporting purposes. Signature of Authorized Representative Date Name (Please Print) Title (CSSAiCHOOMI 25D -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC., FOR FATS, OILS, AND GREASE CONTROL MANAGEMENT PROGRAM (Strategic Plan No. 6, 1, C) 2 'MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Environmental Engineering & Contracting Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney to provide fats, oils, and grease control program management services for a one - year period expiring October 31, 2015, in an amount not to exceed $300,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments (FSE's) into the City's sewer collection system. In January 2005, the City began a comprehensive FOG Control Management Program that includes regular inspection of all FSE's to ensure compliance with the City's ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. Although staff performs project management oversight and compliance enforcement, the majority of the work involved in the FOG control program, including field work and inspections, has been performed under contract by consultants. The proposed agreement provides for continued inspection of all FSE's on a regular basis, as well as planning, review, and evaluation of the FOG Control Management Program, as needed. The agreement also provides for staff training, data gathering, database management, mapping, technical support, coordination with other agencies, and serving as the City's liaison for FOG - related issues. On July 11, 2014, the City issued a request for proposals (RFP) for FOG control program management services (Exhibit 1). The City received two proposals, which were evaluated by a selection committee for content and responsiveness to the RFP. The final scoring for the firms is as follows: 25E -1 Agreement with Environmental Engineering & Contracting, Inc. for FOG Control Management Program October 7, 2014 Page 2 Company Name Rating Environmental Engineering & Contracting Inc. 94.7 Orange County Pumping Inc. Non- Responsive /Disqualified Staff recommends awarding a contract to Environmental Engineering & Contracting, Inc. The contractor has a proven track record with other municipalities, and has the resources and technical experience to provide FOG Control Management Program services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service account (No. 05617640 62300). l7N011,`i:UZKK0111103 FYe Mousavi our, P.E. Francisco Gutierrez nQ Exe utive Director Executive Director 1'9 Public Works Agency Finance & Management Services Agency EG /NS /AF Exhibits: 1. Request for Proposal 2. Agreement 25E -2 AGREEMENT FOR FATS, OILS, AND GREASE (FOG) CONTROL MANAGEMENT PROGRAM THIS AGREEMENT, made and entered into this — day of October, 2014 by and between Environmental Engineering & Contracting Incorporated, a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter <,City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Fats, Oils and Grease (FOG) Program Management. EEC is prepared to assist the City with the multifaceted tasks and services associated with its existing FOG control program, These services include, but are not limited to, providing oversight and administration of a comprehensive FOG program, which includes food service establishment (FSE) inspections, assisting with enforcement of the City's FOG control ordinance (NS- 26 -70), public education and outreach, geographic information systems (GIS) support, computer maintenance management systems (CMMS) support, and training. B. Consultant represents that it 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Consultant's Proposal, attached hereto as Exhibit A. Specifically those services as identified at pages 8-15 of said Proposal which is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The annual not -to- exceed cost estimate for the requested services is $300.000.00, during the tern of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not EXHIBIT 2 25E -3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2015, or until funds are exhausted or unless earlier terminated as provided herein. A. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors; if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising fi-om 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 $I,000,000 per occurrence and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured provisions. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25E -4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. 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. b. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services provided pursuant to this Agreement. Consultant's liability for claims arising in relation to monitoring services provided pursuant to this Agreement, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by City to Consultant under this Agreement during the twelve months preceding the claim. In no event shall Consultant be liable for any loss of business profits, consequential or indirect damages arising from the negligence of Consultant in providing monitoring services pursuant to this Agreement. This limitation does not apply to liability arising from the installation or maintenance of the equipment provided pursuant to this Agreement. 25E -5 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, S. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Public Works Agency— Water Resources City of Santa Ana 220 South Daisy (M -85) Santa Ana, California 92703 Fax 714- 647 -3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: Environmental Engineering & Contracting, Inc. Mr. Jim Kolk 501 Parlccenter Drive Santa Ana, California 92705 Fax (714) 667 -2310 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes 4 25E -6 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 4. 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party,, or anyone acting on behalf of any party, which is not embodied herein. 10. 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. 11. TERMINATION This Agreement may be terminated by 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. However, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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 25E -7 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. 14. 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. 15. MISCELLANEOUS PROVISIONS 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 inderrmify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO C4hiessistant e B J val C City Attorney v 25E -8 RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. JOHN SHAFFER President 25E -9 EXHIBIT A SCOPE OF SERVICES 25E -10 25E -12 s,. q4 Y July 31, 2014 lENA"l1TC>1YMlEN1r^L ENGINEERING & CONTRACTING, INC, 501 Parkcantar Drive, Santa Ana, OA 92705 Phone (714) 667 -2300 . Fax (714) 667 -2310 www.eecworld.com Mr. Armando Fernandez City of Santa Ana Public Works Agency 220 S. Daisy Avenue, Building A Santa Ana, California 92703 Subject: Proposal to Provide FOG Control Program Management (Bid #14 -045) Dear Mr. Fernandez: Environmental Engineering & Contracting, Inc (EEC) is pleased to present this proposal to provide assistance to the City of Santa Ana (City) in managing its Fats, Oils, and Grease (FOG) Control Program. EEC understands that the City is looking for a program management contractor with the necessary FOG expertise and experience to properly represent the City while implementing this important task. As described in the enclosed proposal, EEC is uniquely qualified due to its successful management of the City's FOG Control Program on a contract basis for the past 10 years, and its experience in the design, implementation, and /or management of FOG control programs for 14 other agencies in California. EEC has thoroughly reviewed the request for proposal and scope of work. EEC's previous and unique experience with FOG control programs throughout the U.S. and specifically with the City of Santa Ana will ensure that there will be no learning curve associated with this project. EEC's expertise and reputation is perfectly suited to help the City continue its successful FOG Control Program. Thank you for the opportunity to respond to the City's request for proposal. I look forward to an opportunity to discuss EEC's proposal. Respectfully, Environmental Engineering & Contracting, Inc. [Wet Signature Here] John Shaffer President Enclosure: EEC Proposal to Provide FOG Control Program Management Mid - Atlantic Once: 200 Harry S. Truman Parkway, Suite 330 • Annapolis, MD 21401 • Phone (410) 263 -2234 * Fax (410) 266 -8660 Northern California Office: 2100 Embarcadero, Suite 25S913 A 94606 • Phone (510) 225 -9262 • Fax (510) 867 -2053 25E -14 Table of Contents 1.0 FIRM EXPERIENCE .............................................................................................. ..............................1 1.1 Introduction ......................................................................................... ............................... 1 1.1.1 Company Details ...................................................................... ..............................1 1.1.2 Background .............................................................................. ..............................1 1.2 Related Experience ............................................................................... ..............................3 1.2.1 City of Santa Ana: FOG Program Management and Inspection Services .............. 3 1.2.2 Costa Mesa Sanitary District: FOG Program Management and Inspection Services................................................................................... ............................... 4 1.23 Irvine Ranch Water District: FOG Program Management and Inspection Services................................................................................... ............................... 4 1.2.4 City of Anaheim: FOG Program Management and Inspection Services ................ 5 1.2.5 Orange County Sanitation District: FOG Program Inspection Services ..................5 2.0 PERSONNEL EXPERIENCE ................................................................................... ..............................6 2.1 Project Staffing ...................................................................................... ..............................6 2.2 Subconsultants ...................................................................................... ..............................8 2.3 Project Management ............................................................................ ..............................8 3.0 SCOPE ................................................................................................................. ..............................8 A. Project Management ............................................................................ ..............................8 A.1 Value -Added Program Management Services ......................... ..............................9 B. FSE Inspections and Enforcement ......................................................... ..............................9 B.1 Value -Added FSE Inspection Services ................................... ............................... 11 C. Mapping ............................................................................................... .............................11 A.1 Value -Added Mapping Services .............................................. .............................12 D. Computerized Maintenance Management System Support ............. ............................... 12 D.1 Value -Added CMMS Services ................................................ ............................... 13 E. Waste Discharge Requirement and Sewer System Management Plan ............................13 E.1 Value -Added WDR /SSMP Services .......................................... .............................13 F. Presentation (Sample Inspection) ...................................................... ............................... 14 G. Training and Support ........................................................................... .............................14 H. Summary of Deliverables ................................................................... ............................... 14 I. Estimated Hours / Project Schedule .................................................... .............................15 Tables Table 1 Summary of Key Staff Qualifications .................................................... ..............................7 Appendices Appendix Resumes Appendix B Exhibits *Note: Fee proposal is provided in a separate, sealed envelope with this package. EEC Proposal to Provide FOG Program Services 25E -15 July 31, 2014 Section 1.0 - Firm Experience 1111FINUIT Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this proposal to provide continued fats, oils, and grease (FOG) program management services to the City of Santa Ana (City). Based on our extensive experience and successes in the development, implementation, and management of FOG programs throughout the country, including the City, EEC is poised and prepared to assist the City with the multifaceted tasks and services associated with its existing FOG control program. These services include, but are not limited to, providing oversight and administration of a comprehensive FOG program, which includes food service establishment (FSE) inspections, assisting with enforcement of the City's FOG control ordinance (NS- 26 -70), public education and outreach, geographic information systems (GIS) support, computer maintenance management systems (CMMS) support, and training. This proposal was prepared in accordance with the requirements outlined in Bid #14 -045. 1.1.1 CompanyDetafls Number of Employees: 40 Years in Business: 19 Corporate headquarters: 501 Parkcenter Drive Santa Ana, California 92705 Phone Number: (714) 667 -2300 Fax Number: (714) 667 -2310 W e bs ite: www.eecworld.com Certifications /Licenses: Class A General Engineering Contractor License Hazardous Substances Removal Certification Small Business Enterprise (California Department of General Services) Small business as prescribed by the Federal Acquisition Regulations Tax Identification Number: 33- 0665828 City Business License #: 189071 Primary Project Contact: Mr. Jim Kolk Project Manager/ FOG Program Manager Phone: (714) 667 -2300 Fax: (714) 667-2310 E -Mail: jkolk @eecworld.com Secondary Project Contact: Mr. Ramon Gallegos GIS Supervisor Phone: (714) 667 -2300 Fax: (714) 667-2310 E -Mail: rgallegos @eecworld.com 1.1.2 Background EEC is a full- service environmental consulting firm that provides high - quality, cost - effective environmental, engineering, technology, and consulting services to public and private entities throughout the United States. EEC was founded in 1995 to fulfill a need for technical excellence and personal service in environmental consulting. EEC comprises a team of experts in engineering, EEC Proposal to Provide FOG Program Services 1 July 31, 2014 25E -16 environmental compliance, environmental science technology and data management systems, chemistry, toxicology, hydrogeology, geology, and industrial hygiene. The environmental division routinely performs Phase 1 /11 Environmental Site Assessments, soil and groundwater investigations, air monitoring, and asbestos and lead testing. The division also prepares and implements site assessment work plans, preliminary endangerment assessments, remedial action plans, and closure reports for regulatory acceptance and approval. Finally, the division undertakes coordination and negotiation with regulatory agencies on behalf of clients throughout a project's duration. The construction division supports projects originating from the engineering and environmental departments, but also undertakes projects independently. This division removes underground and aboveground storage tanks; installs, operates, and maintains remediation systems; designs and builds electrical panels /control systems, and performs general construction services, including operation of heavy equipment. EEC Proposal to Provide FOG Program Services 2 July 31, 2014 25E -17 EEC's divisions are supported by a technology services division that facilitates efficient collection, storage, and review of large data inventories. This department uses computer -aided drafting and design (AutoCAD), GIS, and database technologies to support and manage projects across the firm's divisions. The department identifies the right technologies for the client's most critical needs and ensures that the chosen technologies will stay relevant and effective long after project completion. In addition, EEC employs an in -house editor to ensure the consistency, accuracy, and readability of the firm's documents. Finally, the administrative team supports the entire firm with project - related activities, such as accounting and invoicing. 1.2 Related Experience EEC has extensive experience in providing FOG control program services and has expertise with a broad range of complementary services that have gained EEC an excellent reputation and working relationship with federal, state, and local agencies. EEC has provided extensive FOG control and NPDES services to more than 30 cities and sewer districts in Southern California, including the following: City of Anaheim City of Santa Ana Garden Grove Sanitary District City of Fullerton City of Stanton Irvine Ranch Water District City of La Habra County of Orange Midway City Sanitary District City of Orange Costa Mesa Sanitary District Orange County Sanitation District Furthermore, EEC has developed a detailed understanding of the City of Santa Ana's FOG control program database and comprehensive FSE inspection program. Through experience gained from previous work for the City and the EEC team's unique knowledge of the City's FOG control program, EEC will continue to provide a flexible and cost - effective approach to meeting the City's project goals and needs. Following is a selection of short project descriptions that are representative of EEC's FOG inspection experience. 11A City of Santa Ana: FOG Program Management and Inspection Services EEC developed, implemented, and supported management of the City's FOG program and conducted on -site FSE inspections. EEC compiled and maintained an exhaustive list of FSEs within the City's boundaries and inspected each FSE to inventory cooking equipment, fixtures, floor sinks and drains, and grease- removal equipment (GRE), as well as evaluate compliance with FOG program regulations. EEC developed a FOG program database that stores the kitchen equipment inventory and s a created inspection frequencies based, in part, on an FSE's�� potential to release FOG Into the sewer system. EEC used the City's GIS to determine an FSE's potential to impact sewer line elevated maintenance locations (EMLs). EEC has been inspecting FSEs in Santa Ana for the past decade. Project highlights include: r • FOG program development and management support J inspector Using Mobile • Permitting inspections Device to Gather FSE Data wyacyosv ave F c • FSE kitchen BMP inspections • GRE inspections EEC Proposal to Provide FOG Program Services 3 July 31, 2014 25E -18 • FSE noncompliance notifications • Compliance inspection and follow -up efforts • Sanitary sewer overflow (SSO) response and support • Mobile FOG inspection deployment 1.2.2 Costa Mesa Sanitary District: 170G Program Management and Inspection Services EEC currently provides many of the same services the City is requesting —FOG program management and inspections, GIS support, CMMS support, and modeling services —to the Costa Mesa Sanitary District (CMSD). Some project specifics are provided below: • Enforcement project development and management • Cityworks implementation and support services • FOG program development and management • FSE database creation and management • Infiltration and inflow analysis support • GIS development and management • FSE FOG inspections and follow -up • CCTV source identification inspections • Training services • Hot -spot analysis • Hydraulic modeling 1.2.3 Irvine Ranch Water District: FOG Program Management and Inspection Services EEC conducted a FOG characterization study that included over 800 initial inspections within the Irvine Ranch Water District's (IRWD's) service area and continues to support FOG program efforts, including FSE inspection services. GRES are inspected to evaluate their size, operational status, and structural condition. FOG program information and education is also provided to FSEs in IRWD. To enhance analysis of the data collected, EEC developed a geodatabase. FSE and GRE data was further analyzed with SSOs and sewer hotspots. Inspection data was instrumental in developing IRWD's FOG program; analysis of the data provided a basis for prioritizing FSE permitting and inspections as well as optimizing IRWD resources. The project scope included the following elements: • Program creation and management • Permitting inspections • BMP and GRE inspections • Compliance inspections • Nonroutine customer support • H2S testing and monitoring • FSE plan submittal program development and management "We have been etteeJnely pCeeceed with I lC "s ezperuse, pr ofessionalr'sm, crud attention to detail concerning data management. " Soha Vuairnia, FOG Progr°cnn Manager Irvine Ranch Ualer Dis /riot EEC Proposal to Provide FOG Program Services 4 July 31, 2014 25E -19 1.24 City ofAnaheim: FOG Program Management and Inspection Services • Compliance /enforcement inspections • New FSE permitting inspections • New FSE plan review • SSO response support • FSE NPDES inspections • FSE BMP inspections • GRE inspections • GIS development SSO response support 1.2.5 Orange County Sanitation District: FOG Program Inspection Services In 2003 EEC assisted the Orange County Sanitation District (OCSD) with the development and implementation of its FOG Program. Currently EEC provides OCSD with inspection services similar to what the City's scope of work for this proposal. The project scope included the following elements: • Health and safety plan development • BMP Inspections • BMP /GRE Inspections • Inspection routing • Inspection QA /QC • Inspection management "EGG hrings unique technical expertise to our -pro,jects and provides practical solutions for our agency, our satellite agencies, and our industries. " Mahin Mlebi, Source Control Manager, Orange County Sanitation District EEC Proposal to Provide FOG Program Services 5 July 31, 2014 25E -20 Section 2.0 - Personnel Experience EEC has assembled a team of highly qualified personnel to assist the City in achieving the goals of the FOG Control Program and completing the requested scope of work. All key personnel have the necessary availability, credentials, licenses, and relevant experience required to successfully complete the proposed scope of work on schedule and within budget in accordance with the City's requirements. A summary of EEC key personnel, regulatory experience, registrations, and credentials is included in Table 1, Summary of Key Staff Qualifications. Key personnel resumes can be found in Appendix A, Resumes. 2.1 Project Staffing The proposed team brings a wealth of FOG management, development, and implementation experience that revolves around similar FOG control programs designed and implemented for OCSD, IRWD, CMSD, the Cities of Orange, Fullerton, Buena Park, Stanton, and La Habra. EEC has lValved a signif cant role in helping our ChY protect the environment and onr citizens. " .lake Wager; ChY Manager City ol'Stanton EEC Proposal to Provide FOG Program Services 6 July 31, 2014 25E -21 Table 1, Summary of Key Staff Qualifications e , e B.S. Industrial Engineering Jim Kolk PACP /NASCCO Certification, CWEA SSO:Reporting Certified, Co- Author 15 % -50% Project Manager 22 and Researcher for the Orange County FOG Control Study — Phase II, (as needed) Performed /Managed over 5,000 FOG inspections General Engineering Contractor John Shaffer Co- Author and lead researcherfor the Orange County FOG Control 5 % -10% Principal -in- Charge 27 Study— Phase I and Phase 11, WEF /EPA FOG Control Workshop (as needed) contributor & speaker, IAPMO FOG Task Group member CWEA FOG inspector trainer M.S. Civil Engineering Greg Arthur 3 0 30 years at EPA. Region 9, Clean Water Act inspector and compliance 5 % -10% Regulatory Advisor expert, NDPES compliance auditor, training and lectures for multiple (as needed): municipal and collegiate organizations Stan Steinbach, P.E. M.S. Chemical Engineering Senior Project Professional Civil Engineer 5 % -10% Manager/ FOG 29 NPDES regulatory expert, co- author and researcher for the Orange (as needed) Control Enforcement County FOG Control Study— Phase I and Phase 11, CWEA FOG inspector Support trainer Ramon Gallegos M.A., Geography: Data Management/ Environmental analysis emphasis, ESRI ArcEditor and spatial analyst, 25 % -60 ° %. GIS /.Database 13 GIS Graphical User Interface design, Access database integration, file (as needed) Design / FOG Geodatabase, AutoCAD, performed and managed over 15,000 FOG Inspector inspections B.S. Mathematics ArcGIS, AutoCAD, ESRI Geodatabase Design and Administration Steve Shaffer (ArcSDE, File, Personal) 10 % -30% Software Systems 12 SQL Server & Microsoft Access Database Design, Administration, and (as needed) Architect Automation Visual Basic Programming and Automation, Windows Administration and Automation Joseph Jenkins B.A. Business Administration Compliance OSHA 40 Hour HAZPWOPER Certification, Pipeline Assessment And 20 %50% Inspector / FOG' 8 Certification Program - (as needed) FSE inspections management and training EEC inspectors and QA /QC Inspection Supervisor :inspection procedures M.S., Geographic Information Systems, In Progress ArcGIS Extensions and Server, AutoCAD, Oracle, SQL Ariana Wilfley 6 Trimble GPS, Magellan Mobilemapper, Garmin Python, Flex, HTML, 10 % -30% Senior GIS Analyst XML (as needed) CMMS: Cityworks Server AMS Administration Training, InfraMap, Mapplet B.S. Geography Abraham Navarro Trimble GPS, Remote Sensory Training, Imagery, Photogrammetry 25 % -60% Information Systems 5 Oracle, SQL, Autodesk AutoCad, (water InfraMap,. CSAR Database (as needed) Analyst - .Management FOG Data Management Angel Bambrick Compliance inspector 40 ° % -80 °% FOG Inspector 3 Conducted over 2,000 inspections (as needed) SSO investigation and response development EEC Proposal to Provide FOG Program Services 25E -22 July 31, 2014 2.2 Subconsultants Based on current staffing capabilities, EEC does not anticipate the need to hire subconsultants or subcontractors for this project. 2.3 Project Management Jim Kolk has served as the primary project manager for the City's FOG Control Program projects for the past 7 years and will continue to serve in this role (for a minimum of 1 year). Mr. Kolk will provide overall management and leadership that will include maintaining an effective team, ensuring availability of technical staff, maintaining quality of work, and resolving project issues. While many tasks can and should be handled directly by technical staff, all project communication will be routed through Mr. Kolk to ensure continuity of project tasks and control of project resources. In the event that Mr. Kolk is unavailable, Mr. Ramon Gallegos will serve as the secondary project manager. A quality assurance / quality control (QA /QC) process will continue to be implemented throughout the project and will include periodic reviews during the planning and execution phases. The project manager will ensure that all the required elements are effectively incorporated into the project and the principal - in- charge will ensure that the project manager is routinely performing this verification. All reports and presentations are reviewed by the project manager and, where appropriate, the principal -in- charge for content and format. In addition, draft and final reports as well as presentations are edited by an in -house technical editor. For technical tasks, including intermediate calculations and determinations of key parameters, verification by technically qualified team members with no prior involvement in the particular task is conducted for accuracy and completeness. Section 3.0 - Scope A. Project Management EEC currently manages FOG programs for four Southern California agencies, utilizing complex databases and GIS tools to collect, organize, analyze, and manage FOG data. Having been closely involved in the development and implementation of key FOG program tools and processes, EEC's technical and field staff is thoroughly knowledgeable with the field data acquisition systems and work flows currently employed by the City. EEC will provide the following services under this task: • Manage the FOG geodatabase and GIS files such as map documents • Collect, organize, and manage the City's FOG Control Program data • Use InfraMap software and GIS to record inspection results and manage inspections • Review FSE inspections results for quality assurance and quality control • Develop reports to summarize inspection results and compliance efforts • Establish inspection schedules, and coordinate and assign inspection tasks to the City's code enforcement inspectors and EEC's compliance inspectors using InfraMap software • Conduct regular meetings with City staff to evaluate the FOG Control Program, provide recommendations, and prioritize project efforts EEC Proposal to Provide FOG Program Services S July 31, 2014 25E -23 • Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager • Provide follow -up documentation assistance and expertise to the FOG Program Manager • Develop residential FOG educational /guidance materials and plan to address residential grease discharge and disposal practices • As needed, develop and coordinate evaluation of the new and emerging grease control technologies. including GRE and chemical /biological additives • Coordinate, establish work schedules, and provide educational and training information to City personnel as needed or as requested by the City • Monitor the Orange County Health Care Agency's (OCHCA's) inventory of restaurants and append any updates, changes, or additions to the City's FSE inventory • Provide the City with background and updates regarding current and emerging MS -4 requirements • Obtain data and information to keep the FSE inventory up to date • Provide the City with experienced and knowledgeable professional staff • Provide the City with inspectors equipped with proper identification including contractor badges and vehicle signage (magnets) A.1 Value -Added Program Management Services Based on its recognized FOG expertise, EEC is afforded the opportunity to work with agencies across the country, exposing the team to a variety of innovative ideas and concepts that can be shared with the City. EEC also works with some of the City's neighboring agencies and can share field intelligence regarding sewer investigations and FSE issues that might impact the City's programs. B. FSE Inspections and Enforcement EEC inspectors are fully trained on procedures for conducting FOG inspections and regulations specific to the City. EEC will monitor inspection progress using the City's InfraMap and GIS tools to ensure the FOG control program tasks are on track to meet inspection and follow -up targets. EEC routinely performs QA /QC, from the work order initiation phase to project completion, of FOG inspectors as well as the data entered into databases and submitted to the City. EEC will also work with the City's FOG Program Manager to evaluate continued implementation of FOG- risk —based inspection prioritization processed to further optimize the City's inspection resources. EEC will provide the following services under this task: • Conduct on -site physical inspections of FSEs as determined by the FOG Program Manager • Provide bilingual outreach and educational materials to FSEs • Provide the City, as needed, with educational and best management practice (BMP) information • Promote the importance of kitchen BMPs • Require inspectors to clearly identify themselves both verbally and with proper identification badges as contract inspectors of the City • Require inspectors to identify their vehicles with magnetic decals as contract vehicles of the City • Coordinate and establish work schedules EEC Proposal to Provide FOG Program services 25E -24 July 31, 2014 Specific FSE inspection categories include: 1. Permitting Inspections. EEC will conduct initial permitting inspections for new, change -of- ownership, and remodeled FSES. Through initial inspections, also referred to as FSE characterization, EEC will identify the type of food, cooking equipment, and kitchen practices that risk contributing FOG to the sewer system. Each FSE will be provided with bilingual educational materials that will help the FSE reduce the amount of FOG released into the City's sewer system. 2. Grease Removal Equipment Inspections. EEC will conduct GRE inspections for FSEs with a grease interceptor or grease trap to ensure each device is in good operating condition and confirm that appropriate maintenance practices are implemented. The inspections are comprehensive and thorough to supportt potential enforcement efforts in the future. Specifically, EEC inspectors will conduct the following: • Measure the layer of floating FOG and settable solids • Determine conformance with compliance criteria • Inspect the mechanical condition of the GRE • Review the maintenance logs and record the last pump - out date • Review GRE pumping record - keeping • Document and capture photographic evidence of all violations 3. Best Management Practice Inspections. Having conducted over 20,000 kitchen BMP inspections, EEC understands the importance of educating FSEs on proper BMPs. EEC will conduct BMP inspections to evaluate compliance with all required Kitchen BMPs, including employee education and training practices. These inspections also provide an opportunity to provide new program educational materials. Specifically, EEC inspectors will assess the following: • Removal of food grinder • Drain screens installed /maintained • Kitchen signage (BMP poster) posted • Scraping practices • Food waste disposal practices • Emergency spill response materials • Utilization of drainage additives • Segregation and proper storage of waste cooking oil • Grease collection log maintained • Employee training log maintained • Lateral cleaning and spill log maintained EEC Proposal to Provide FOG Program Services 10 July 31, 2014 25E -25 4. Compliance Inspections. ECC will conduct follow -up inspections for non - compliance issues as required by the City's FOG Control Manager. This may include issuance of notices of violation (NOVs) to FSEs that are found to be in non - compliance of the FOG control regulations. EEC will assist the City in managing enforcement actions for violations of the City's ordinance. For any FSE or critical source facility identified with deficiencies, EEC will meet with FSE managers /owners or property owners to discuss violations and enforcement and to help develop an appropriate corrective action plan to achieve and maintain compliance. Based on the results of follow -up inspections and issued notices of non - compliance, EEC will review, provide recommendations, and assist the City with any enforcement actions required as a result of violations of ordinance NS 26 -70. S. National Pollutant Discharge Elimination System. EEC will conduct inspections to follow up on NPDES violations identified by the OCHCA. OCHCA inspectors evaluate the following during inspections: • FC60 -NPDES - Improper oil/ Grease Disposal • FC61 -NPDES - Refuse Containers /Trash Bin Enclosure • FC62 -NPDES - Washing Mat /Filter /Trash Bin Parking /Street • FC63 -NPDES - Improper Methods Spill Cleanup /Hosing Area • FC64 -NPDES - Maintenance Records: Lack of/ Not Current • FC65 -NPDES - No Observations Recorded EEC recognizes the follow -up actions necessary for each observation and will confirm if an FSE has conducted /implemented the corrective actions requested by the OCHCA. II.1 Value-Added FSE Inspection Services EEC understands the City's FSE inventory database and key FSE details necessary to determine each FSE's potential to discharge FOG into the sewer system (e.g., cooking equipment). Additionally, EEC inspectors are proficient users of the City's inspection software and will not require any additional training. Inspection results collected in the field are recorded in the geodatabase and used to determine the FSE's compliance status and history. The geodatabase is managed and maintained by two applications: Esri's ArcGIS and iWater's InfraMap. Finally, EEC inspectors are extensively trained in inspection safety and have an impeccable safety track record. EEC inspectors also receive training in SSO response procedures and are readily familiar with the SSO emergency response procedures implemented by the City. EEC fully understands the City's use of GIS and other systems to manage the FOG program data and inspection tasks. EEC understands that the City is requesting mapping and GIS support services to continue extensive use of these systems. Since 2004, EEC has provided GIS support services to the City, including determining the most effective way to manage the City's FOG control program using GIS. EEC has supported the City's implementation of Esri's ArcGIS software and iWater's InfraMap to manage inspections of the more than 800 FSEs and more than 200 GREs. EEC Proposal to Provide FOG Program Services 11 July 31, 2014 25E -26 . ,. «... t .-a 4. ... ,..�.,. ... x, ........ r. ..off ..�.. _� ..a -'a -.z... ...N.x.,.......� �> ... ..: �.... >...... EEC will provide the following services under this task as needed: • Manage and maintain FSE /GRE geodatabase • Review FOG inspection results • Generate reports • Maintain FSE and GRE feature classes • Maintain map documents for InfraMap software • Provide GIS support as specified by the City • Provide as- needed on -site GIS support, including staffing • Identify and address problems or errors in the GIS The FOG program geodatabase is also used to manage issuance of NOVs and subsequent compliance inspections. Using these GIS and database resources developed in- house, EEC will continue to provide effective and efficient inspection management services for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class development, and map document development. EEC has also developed customized tools to query and review copious amounts of FSE data for analysis and reporting. For example, an inspector or manager can find an SSO or EML in the GIS and readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query the FSE database to return pertinent information related to FSE inspection histories, site pictures, and inspection reports. While the focus of this scope of work will be on FOG program management, EEC understands that FOG is not the only cause of SSOs and that a thorough understanding of the sewer system is critical to preventing SSOs. EEC's experience in sewer line characterization activities has provided a keen understanding of how hydraulic defects in the sewer, such as offset joints, roots, and sags, can impact the ability of a sewer to transport grease within the sewer system. Through utilization of GIS and FSE databases, EEC will provide simple and efficient solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE enforcement activities. CA Value -Added Mapping Services EEC's close working relationship with iWater in developing the FOG inspection module ensured that the system upheld the City's high standards for FOG inspections. EEC understands the software and can recode or modify, troubleshoot, and correct functionality issues as needed. EEC also designed and implemented the geodatabase in which all the inspection data is stored, and can modify the geodatabase as the FOG program evolves. EEC has and can continue to provide specialized GIS and CMMS training specific to the City's GIS configuration and process workflows. Additionally, EEC can augment City staff with on -site GIS support staff as- needed. D. Computerized Management Maintenance System Support EEC is a business partner with Cityworks, Esri, and iWater and is thoroughly familiar with each product suite's capabilities, limitations, and applications. Following industry standards and keeping customization to a minimum when implementing software, EEC's approach reduces the likelihood of failure due to software updates, capability, or maintenance. EEC Proposal to Provide FOG Program Services 12 July 31, 2014 25E -27 EEC will provide the following as- needed CMMS services under this task: • Provide extensive Cityworks knowledge and familiarity with InfraMap and ArcGIS to support City needs D.1 Value -Added CMMS Services EEC implemented the Cityworks CMMS system currently in use at the City and is uniquely familiar with the workflows, hardware, software, and data that the system supports. Further, EEC has experience implementing, integrating, and supporting CMMS systems in general and Cityworks systems in particular for other governmental agencies, which currently include the City of Sacramento, CMSD, Yorba Linda Water District, among others. EEC is a Cityworks implementation business partner and has performed multiple implementations and integrations of Cityworks Server, the same software that the City currently uses to manage its workflows. EEC can leverage the experience from these other projects to help the City optimize available resources and avoid costly implementation and integration mistakes. E. Waste Discharge Requirement and Sewer Management Plan EEC staff has comprehensive experience in conducting a wide range of program audits, including sewer system management plan (SSMP) audits. This broad experience has provided EEC with a unique insight to both a regulator's view on conducting audits and a regulated entity's view on being audited. Since the issuance of Order No. 118- 2002 -0014 by the California Regional Water Quality Control Board in 2002, and subsequent issuance of the current Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems (Order No. 2006 - 0003 -DWQ) in 2006, EEC has applied its insight in developing and implementing practical and defensible programs designed to reduce SSOs. EEC will provide the following WDR and SSMP support services under this task: • Conduct 2 -year internal audit due in early 2015 • Provide continued support to the City with WDR and SSMP development and implementation E.1 Value -Added WDR /SSMP Services EEC continues to serve local governments in developing, implementing, and monitoring sensible sewer system management programs tailored to address specific local conditions and ensure compliance with applicable WDRs. EEC has extensive expertise in key SSO of Santa Ana, Stanton, La Habra, Buena Park, El Segundo, and Anaheim, as well as CMSD, with development, implementation, and /or audit of their key SSMP strategies. The EEC team has comprehensive knowledge pf the A evaluation and development of SSO ERPs. In fact, in 2013 t Q EEC assisted the City of Santa Ana with updates to its SSO SSO response training spill simulation ERP and is currently assisting the City of El Segundo with the n same. The updates are based on recent program EEC Proposal to Provide FOG Program Services 13 July 31, 2014 25E -28 enhancements, personnel and equipment changes, and recent changes to the State's WDR requirements for monitoring and reporting SSOs. EEC also provides WDR /SSMP training support, including SSO emergency response training for sewer system maintenance staff. In 2013, EEC conducted SSO emergency response training for the City of San Gabriel, which consisted of an evaluation of current practices and procedures, presentation on the recent updates to the State's monitoring and reporting requirements, and field simulations of SSOs to provide hands -on assessment of SSO volumes and an opportunity to practice SSO containment actions. F. Presentation (Sample Inspection) EEC is capable and fully prepared to perform a sample FSE inspection at the City's direction. Appropriate staff will be made available during the week of August 4 -7 for the sample inspection. During the sampling inspection, EEC will complete the following: • Perform a thorough FSE inspection, including issuance of program outreach and educational materials • Understand and evaluate BMP and GRE compliance issues • Demonstrate proficiency in InfraMAP's FOG inspection module G. Training and Support EEC will continue to provide the City with FSE inspection process training. EEC developed and currently conducts California's only Grease Interceptor Inspector Training Workshop for the California Water Environment Association (formerly conducted for CaIFOG). To date, EEC has conducted seven workshops and trained more than 400 inspectors. EEC most recently provided specialized training for City Redondo Beach and South San Luis Obispo Sanitation District inspectors and has previously provided training for several of the City of Santa Ana Code Enforcement staff. EEC will also continue to provide the City with GIS and CMMS training, which ca occur as needed or on a scheduled frequency. The training will be specific to systems and data used by the City. H. Summary of Deliverables Based on the scope of services, the following deliverables are anticipated for this project: • FOG program protocols assessment reports and recommendations (as needed) • Monthly inspection status reports summarizing inspections conducted, compliance status, and recommendations for follow -up and enforcement actions • Quarterly program review /status meetings with City staff • FOG outreach and educational materials procurement and distribution (as needed) • Updates of FSE inspections database with OCHCA NPDES inspections data (as needed) • Memoranda /reports on emerging MS4 requirements (as needed) • Updates of FSE inspection database with new FSE data from a variety of sources (as needed) • FOG program initiative recommendations /reports (as needed) • Evaluation /assessment reports for emerging GRE devices and additives (as needed) • Mapping document updates and recommendation reports (as needed) • Workflow and CMMS development recommendation reports (as needed) EEC Proposal to Provide FOG Program Services 14 July 31, 2014 25E -29 • Memoranda /reports on emerging WDR /SSMP requirements (as needed) • SSMP internal audit report and recommendations • Classroom and field training on a wide range of FOG /WDR /SSMP /GIS /CMMS topics (as needed) • Monthly Invoices including number of hours by labor category and hourly rates (as included in the fee proposal) • Updated milestone schedule based on assigned as- needed tasks I. Estimated Hours/ Project Schedule Below is a summary of projected labor hours per task based on EEC's understanding of the scope of work, experience with City protocols and information systems, and familiarity with the City's FSE community: Following is a general schedule of tasks and milestones based on the scope of work. During the project kick -off meeting, the schedule will be reviewed with City staff and revised as necessary. Additionally, the schedule will be routinely updated as needed as new tasks are identified and assigned to EEC. "EEC's expertise and responsiveness was instrumental in helping our city meet new stringent seiner regulations. " Ray Hurk. Principal Civil Engineer City of Sania Ana EEC Proposal to Provide FOG Program services 15 July 31, 2014 25E -30 �I i s � o 0 0 i a a i a �ia a I i � � a e v " m ' E t m I a n a a e (n r �5 SIB' u I. vv d8 25E -31 / .11uuaL113 9.11 RESUMES 25E -32 Jim Kolk is an industrial engineer with more than 20 years of project management experience. Jim has extensive expertise in wastewater /sewer system program support, including fats, oils, and grease (FOG) program development, industrial wastewater pretreatment program development, sanitary sewer overflow (SSO) response and data management, storm water compliance, collection system characterization, and geographic information system (GIS) / database integration. Jim routinely manages projects with complex regulatory compliance issues related to State enforcement, consent decrees, and compliance audits. He has managed multiple projects involving development and management of hundreds of permits, including thousands of facility inspections and enforcement actions. Jim has a Bachelor of Science in Industrial Engineering from San Jose State University. Experience Project Manager / Technical Lead, FOG Control Consulting, Various Municipalities I Nationwide Routinely hired by municipalities to provide expert FOG control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, and database and GIS management. Clients include Boston Water and Sewer, Seattle Public Utilities Commission, Orange County Sanitation District, Irvine Ranch Water District, and City of Santa Ana. Project Manager, Food Service Establishment Inspection Management Services, Various Municipalities Southern CA Manages food service establishment inspection programs for five cities and sewer districts in support of FOG - control programs. s Under his direction, 20,000+ inspections have been performed to date and 7,500+ notices of noncompliance or notices of violation have been issued. T Managed issuance of compliance enforcement measures and tracking of implemented corrective actions. Project Manager / Subject Matter Expert, Sanitary Sewer Overflow (SSO) Consent Decree Support, Confidential Client I CA • Managed all technical support activities related to an SSO consent decree response for a California sewering agency. • Work involved detailed assessment of SSO- related programs, recommendation of program enhancements, development and negotiation with the environmentalist group on behalf of the client for reasonable performance measures, and development and implementation of critical program upgrades. Project Manager, Pretreatment Program Development and Implementation for Various Municipalities Nationwide Pretreatment program assessment, development, and implementation of key program elements, including legal authority review /development, industrial waste survey screening and local limits development /implementation. Preparation of program manuals and procedures /guidelines for industrial user inspection, sampling, and enforcement activities. Technical Lead, Industrial Wastewater Pretreatment Audits, Multiple Clients I Nationwide Conducted multiple industrial wastewater pretreatment audits for industries involving categorical industrial user permit compliance, slug discharge control plans, discharge monitoring, enforcement response, and program reporting. Project Manager Various Commercial and Industrial Wastewater Treatment Projects, I Statewide, CA Routinely hired by commercial and industrial clients to assess, design, and develop effective, economical solutions for wastewater treatment systems. Projects include enhancements to aeration system to increase efficiency, digester systems to reduce sludge disposal costs, and lift stations and interceptors to address odors. 25E -33 John is the founder and president of EEC. John has more than 25 years' experience managing water resource projects and more than 17 years' experience representing municipalities and private industries, including forming stakeholder groups and business coalitions. John leads the EEC FOG team that is nationally recognized as a leading FOG control expert and has developed, implemented, and assessed more than 14 FOG control programs. Under his direction, the EEC FOG team has conducted FOG characterization studies for 15 cities and wastewater districts. When FOG was identified as a leading cause of sanitary sewer overflows and consequential beach closures in California, John was at the forefront of efforts to curb FOG discharges to the sewer system, serving as the program manager in the largest FOG control study in the country conducted on behalf of Orange County Sanitation District and its 26 member agencies. John holds a General Engineering Contractors License and is a member of the Water Environment Federation, California Water Environment Association, and California Association of Sewer Agencies. Experience Program Manager, Sanitary Sewer Overflow Study I National Oversaw a $250,000 national research study for Orange County Sanitation District and County of Orange on the causes and solutions to sewer system overflows (SSOs), in response to the growing problem of beach closures in Orange County, California. Evaluated the causes of grease blockages due to wastewater discharge from restaurants and residences, which create sewer line blockages resulting in SSOs, and sewage flowing to storm drains, creeks, and eventually beaches. Project Manager, 30 Industrial Storm Water Compliance Programs I Statewide Managed 30 separate industrial storm water compliance programs throughout California and oversaw the following: stormwater sampling, containment system design and installation, stormwater pollution prevention plans, stormwater monitoring and reporting program preparation, and permitting with the California Regional Water Quality Control Board. Project Manager, Sewer System Characterization I Orange County, CA Managed over $1 million of sewer system characterization projects for cities and wastewater agencies in Orange County and oversaw CCTV inspections, sewer mapping using GIS, and structural and sewer blockage source identification. Project Manager, Storm Drain Sampling & Characterization, City of Aliso Viejo I Aliso Viejo, CA Managed the sampling and characterization of storm drains in the City of Aliso Viejo. Oversaw sampling for total coliform, fecal coliform, fecal streptococcus, and E. coli bacteria. Determined sources of coliform and coliform total maximum daily load for Aliso Creek. Project Manager, California Fats, Oils and Grease (CaIFOG) WorkgroupI CA Represented CaIFOG in negotiations with the International Association of Plumbing and Mechanical Officials concerning critical Uniform Plumbing Code revisions that would affect every sewering agency in California. CalFOG is a special workgroup within Tri -TAC that focuses on the development of FOG control tools that may be used throughout the State. Tri -TAC is a statewide technical advisory committee composed of members from public agencies and other professionals responsible for wastewater treatment; Tri -TAC is jointly sponsored by the California Association of Sanitation Agencies, the California Water Environment Association, and the League of California Cities. The constituency base for Tri -TAC collects, treats, and reclaims more than 2 billion gallons of wastewater each day and serves most of the sewered population of California. Project Manager, Various Municipal Ordinance Negotiations with Stakeholders I National Retained by numerous municipalities as a negotiator with multiple stakeholder groups to propose and finalize municipal ordinances that directly affect businesses, environmental groups, and homeowners. Negotiated issues, including wastewater discharge rates, sewer use ordinances, and environmental impacts. 25E -34 Ramon Gallegos is a GIS supervisor with 15 years of experience, including 8 years in FOG database management and FSE inspection coordination for FOG programs. Ramon has led multiple FOG control projects in which he was responsible for managing over 10,000 FOG program inspections, using spatial analysis to develop efficient inspection routes, and developing inspection frequencies based on such variables as an FSE's proximity to a hotspot, cooking equipment, and inspection compliance history. Ramon has learned approaches that work for FOG programs. He has been an asset to cities facing complex FOG- related challenges, such as pinpointing sources. He has also supported agencies with sewer system management plan audits and reviews, and has managed GIS research, fieldwork, data collection, data processing, data management, and asset management. Ramon has a B.A. and M.A. in Geography from California State University Fullerton and teaches higher education courses in GIS. Experience Program Manager, FOG Inspections Program, Various Cities and Water Districts I Orange County, CA Managed 10,000+ FOG inspections of 5,000+ FSEs for various cities and water districts in Orange County. Developed concise, efficient process for reporting of inspection results to agencies. GIS Specialist, FSE Mapping, Various Cities and Water Districts I Orange County, CA Mapped FSEs, public sewer systems, sanitary sewer overflows, and sewer hotspots in Orange County. Linked maps to Microsoft Access databases containing characterization data for each FSE in service area(s). Developed exhaustive list of FSEs in Orange County using data sets from multiple sources. Used GIS to efficiently manage inspections, process data, and coordinate compliance inspections for 5,000+ FSEs. G1S Specialist, System -Wide Sewer Atlas, Various Cities and Agencies I Statewide, CA Designed and implemented system -wide sewer atlases for public agencies throughout California. Atlases included manholes, sewer pipe segments, sewer hotspots, aerial photographs, parcel data, and landmark features, such as rivers, lakes, learning institutions, parks, and railroads. Atlases displayed all sewer data necessary to allow maintenance personnel to complete work orders efficiently. GIS Specialist, Workflow Process for FSE Monitoring, Various Cities and Water Districts I Orange County, CA Designed /implemented a workflow process to track and monitor FSE inspections and a methodology to capture all necessary inspections of FSEs regardless of inspection frequencies. Developed risk -based management protocol. Staff Scientist, Sewer System Management Plan (SSMP) Development, City of El Segundo I El Segundo, CA Managed documents necessary for SSMP development. Reviewed City's municipal code, standards, and other sanitary sewer requirements, and reported inefficiencies for legal authority. Reviewed and recommended improvements to the City's preventive maintenance / work order program, Overflow Emergency Response Plan, FOG Control Program, and legal authority to comply with WDR, SSMP, and MS4 program requirements and goals. Staff Scientist, Proposal for FOG Control Program Assessment, Boston Water and Sewer Commission I Boston, MA Reviewed and recommended improvements to client's FSE database and data management plans, FSE inspection approach and procedures, and FOG - related sewer hot -spot management, including cleaning practices, CCTV assessment, and maintenance management. Evaluated other mature and successful FOG control programs that had similar needs and goals as BWSC. Staff Scientist, FOG Program Development, Seattle Public Utilities Commission I Seattle, WA Reviewed and recommended improvements to public outreach efforts and residential and commercial website portals. Worked with SPUC and King County to review and improve their Public Health Department websites. 25E -35 Joseph has performed more than 4,000 inspections of food service establishment (FSEs) for compliance with fats, oils, and grease (FOG) control programs, including those of Costa Mesa Sanitary District, City of Santa Ana, City of La Habra, City of Anaheim, and Irvine Ranch Water District. Joseph has also conducted thousands of NPDES storm water inspection for industrial and commercial stormwater NPDES compliance. Joseph manages and schedules FSE inspections and provides training and quality control / quality assurance for EEC's FOG inspectors. Joseph is also the lead auditor for sewer system management plan (SSMP) audits. To date, Joseph has conducted internal SSMP audits for the Costa Mesa Sanitary District, City of La Habra, City of Buena Park, City of Santa Ana, and City of Anaheim. Joseph has a B.S. in Business Administration from York College and an Environmental Management Certificate from the University of California, Irvine, Extension. Experience FOG Inspector, FOG Inspections for Multiple Cities and Sewer Agencies I Statewide, CA Lead FOG inspector for multiple cities and sewer districts. To date, has completed thousands of FSE inspections in support of agencies' FOG control programs and has achieved a high rate of compliance for those FSEs. Senior Staff, FOG Control Consulting for Various Municipalities I Statewide, CA Supports EEC's project managers in providing FOG- control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, sanitary sewer overflow (SSO) response and procedures, and database and GIS management. Lead Auditor, SSMP Internal Audits, Various municipalities I Statewide, CA Assists EEC's project managers to provide support for internal audits of SSMPs for various agencies. Reviews SSMP related documentation and conducted interviews of municipality staff members. Completes technical reports documenting findings and recommended corrective actions. Lead Inspection Trainer, FOG Inspector Training, City of Redondo Beach I Redondo Beach, CA Developed and conducted FOG inspection training for City of Redondo Beach staff. Training included a comprehensive classroom session and multiple days of inspection training in the field. Lead Trainer, SSO Prevention and Response, City of San Gabriel I San Gabriel, CA Trained City of San Gabriel staff on prevention of and response to SSOs. Training consisted of a classroom session that reviewed State and City monitoring and reporting requirements, proper response procedures, and proper volume calculation methods. Training also consisted of a field session where different volumes of water were spilled and staff members practiced containing the spill, estimating the volume of spilled water, and completing the field reporting forms. Senior Staff, FOG Control Program Manual Development, Baltimore County I Baltimore, MD Developed the FOG Control Program Manual for the Baltimore County FOG control program. Manual included procedures for inspecting FSEs, requirements for installation of grease control devices, and FSE educational materials, including best management practices, that were created by EEC. Compliance inspector, NPDES Inspections and Program Management, Cities of Santa Ana and Anaheim I Orange County, CA Performed hundreds of NPDES inspections for the City of Anaheim and the City of Santa Ana. Manage the monthly NPDES inspection program and train inspectors on the proper inspection procedures. 25E -36 Steve Shaffer is a software systems architect who has been studying and applying concepts of database design and its geospatial applications. Steve has applied this knowledge on a number of projects utilizing database design, coordination of data digitization and data entry quality control, and data analysis and reporting. All of these tasks have been performed with a strong emphasis on geospatial integration and interpretation. Steve has a B.S. in Mathematics from the University of California, Los Angeles, and has taught GIS for Civil Engineering at Loyola Marymount University in Los Angeles. Experience Application Architect, CMMS Upgrade, City of Sacramento j Sacramento, CA Lead technical consultant for Department of Utilities' Cityworks CMMS; developed upgrade and test plans and lead system upgrade team. Technical consultant on workflow streamlining and reconfiguration initiatives to support the CMMS upgrade; analyzed existing workflows for efficiency improvements and reconfigured CMMS to support revised workflows. Software developer for custom extensions to Cityworks Server web application, and lead trainer for CMMS rollout. System Architect, GIS/CMMS Implementation and Support, City of Santa Ana I Santa Ana, CA Lead architect and implementer of Resources Division's Cityworks Asset Management System. Led needs assessment for implementation of modern GIS -based asset and maintenance management system; analyzed maintenance activities, workflow, current technology infrastructure, available software, and deployment options; designed roadmap for City's successful implementation of Cityworks. System consists of Cityworks database with web -based and tablet -based interfaces for stationary and mobile use. Technical expert in system migration to cloud -based infrastructure to give field crews live, direct connection to the Cityworks database from anywhere. System Architect, GIS/CMMS Implementation and Support, Costa Mesa Sanitary District I Costa Mesa, CA Lead architect and implementer of a modern GIS -based asset and maintenance management system for the Costa Mesa Sanitary District. System enables internal staff to track the condition of assets, work orders, maintenance history, and inspection results, and access engineering -grade locational information and aerial imagery contained in the district's GIS. Currently supporting expansion of the system by integrating it with sewer - capacity modeling software and deploying it to tablet computers for field crew use. GIS Analyst, GIS Needs Assessment and Strategic plan, City of Pomona I Pomona, CA Assisted in assessment of client's growing need for modern GIS technology, and helped develop strategy to upgrade the City's technology infrastructure within stringent budget. GIS Analyst, GIS Databases, Various Cities and Water Districts I Orange County, CA Assisted in development, design, implementation, and maintenance of GIS databases, applications, and workflows for mapping and management of water utility network assets. Built GIS data repositories using industry- standard data models and tools to ensure maximum compatibility, portability, and efficiency when working with data and tools from other agencies and entities. Assisted in development, design, and implementation of multiple inspection management databases and applications for cities and water districts; systems store inspection data for 10,000+ facilities and increase the efficiency and accuracy of compliance inspections. Developed user - friendly interface for data entry, quality control, reporting, and automatic generation of permits, inspection forms, and historical reports. 25E -37 APPENDIX B EXHIBITS 25E -38 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "D" REFERENCES 31 25E -39 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: City of Santa Ana Address: 220 S. Daisy Avenue Santa Ana, CA 92703 Contract Amount: $300,000 Description of supplies, equipment, or services provided: FOG program support Reference Customer Name: Costa Mesa Sanitary District Address: 628 W. 19th Street Costa Mesa, CA 92627 Contract Amount: $190,000 Mr. Rudy Rosas, Water Contact Individual: Resource Manager Phone Number: (714) 647 -3387 Facsimile Number: (714) 647 -3345 Year: 2004 - Present Mr. Robin Hamers, Contact Individual: Manager / District Engineer Phone Number: (949) 631 -1731 Facsimile Number: (949) 548 -6516 Year: 2004-Present Description of supplies, equipment, or services provided: FOG program management and inspections, GIS, and CMMS support Reference Customer Name: Orange County Sanitation District Address: 10844 Ellis Avenue Fountain Valley, CA 92708 Contract Amount: $20,000 Description of supplies, equipment, or services provided: FOG program inspections EEC REFERENCES, PAGE 1 OF 2 Mr. Merrill Seiler, Principal Contact Individual: Environmental Specialist Phone Number: (714) 593 -7436 Facsimile Number: (714) 962 -6957 Year: 2011- Present THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE 32 25E -40 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program Reference Customer Name: City of Anaheim Address: 200 S. Anaheim Boulevard, Suite 276 _ Anaheim, CA 92805 Contract Amount: $200,000 Description of supplies, equipment, or services provided: FOG program Reference Customer Name: Irvine Ranch Water District Address: P.O. Box 5700 _ Irvine, CA 92619 Contract Amount: $180,000 Description of supplies, equipment, or services provided: FOG program support Mr. Jonathan Heffernan, Contact Individual: Operations Supervisor Phone Number: (714) 765 -6860 Facsimile Number: (714) 765 -5225 Year: 2008 - Present Mr. Soha Vazirnia, Contact Individual: FOG Program Manager Phone Number: (949) 453 -5852 Facsimile Number: N/A Year: 2004 - Present Reference Ms. Christiana Daisy, Customer Name: West Basin Municipal Water District Contact Individual: Operations Project Manager Address: 17140 Avalon Boulevard Carson, CA 90746 Contract Amount: $180,000 Description of supplies. equipment, or services provided: GIS support EEC REFERENCES, PAGE 2 OF 2 Phone Number: (310) 660 -6233 Facsimile Number: (310) 516 -1576 Year: 2013 - Present THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE 32 25E -41 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "E" STATEMENT OF UNDERSTANDING 33 25E -42 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program 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 Environmental Engineering & Contracting, Inc. Signed and Printed Name: Title president Date 07/31/2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. KIM 25E -43 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "F" CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 01 25E -44 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program 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. 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. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 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. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive 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. 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 by 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. 36 25E -45 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program 2. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Environmental Engineering & Contracting, Inc. Signed and Printed Name: Title President Date 07/31/2014 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 37 25E -46 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "G" NON - COLLUSION AFFIDAVIT m 25E -47 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program 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 no collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this no collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of California, County of Ora 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. a] 25E -48 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT "H" SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY INSURANCE ,M 25E -49 A� V CERTIFICATE OF LIABILITY INSURANCE DATE 7/30/2014W) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsoment(s). PRODUCER Garrett/Mosier /Griffith /Sistrunk Risk Management & Insurance Services 12 Truman Irvine, CA 92620 CONTACT NAME PHONE gqg 559 -6700 qIC No l: (949)559-6703 AID No Exit E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A: Great Divide Insurance Company 25224 www.gmgs.com OB84519 INSURED Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive INSURER B; Peerless Insurance Company 24198 INSURER C: CLAIMS -MADE ❑✓ OCCUR INSURER D: Nautilus Insurance Company 17370 Santa Ana CA 92705 INSURER E: INSURER F: $ 100,000 COVERAGES CERTIFICATE NUMBER: 21049180 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A = SU D POLICY NUMBER POLICY MMIDIYYYY MMIDDM' YY LIMITS Grill Griffith COMMERCIAL GENERAL LIABILITY GLP2006942 -11 10/31/2013 10/31/2014 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE ❑✓ OCCUR AAGE RENTED PREM SES TO occur ante $ 100,000 MED EXP (Any one parson) $ 5,000 PERSONAL &ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 5:000,000 POLICY ✓� PRO- JECT [:] LOU PRODUCTS - COMPIOP AGG $ 5,000,000 $ OTHER: B AUTOMOBILE LIABILITY CBP9589097 4/30/2014 10/31/2014 COMB dEDISINGLE LIMIT IS 1000,000 BODILY INJURY (Par person) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRI ETORIPARTNERIEXEC UTIVE YIN WCA2008815 -11 5/24/2014 5/24/2015 ,/ STATUTE 0RH E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E. L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Liability CCP2006941 -11 10/31/2013 10131/2014 Each Poll Occurrence $5,000,000 Professional Liability Each Prof Liab Claim $5,000,000 General Aggregate: $5,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached name space Is required) All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, City of Santa Ana, its officers, agents & employees are added as Additional Insureds and this insurance is primary per ENV2154AO906 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included per CG24040509 attached. CERTIFICATE HOLDER CANCELLATION All operations City Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE t Grill Griffith ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERT NO.: 21049190 Nasisea Rom 7/30/2014 9:25:52 AM (PET) rage 1 2SE -50 GLP2006942 -11 Environmental Engineering & Contracting, Inc. ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED- BLANKET- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Who is An Insured (Section II) is amended to include as an insured any persons) or organizations, for whom you are performing operations under a written contract or agreement, which is in effect prior to the performance of your work which is the subject of such written contract or agreement, that such person(s) or organization(s) be added as an additional insured on your policy, but Only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured; or 2. Your work performed for such person(s) or organizations(s) and included in the products - completed operations hazard, only when required by the written contract or written agreement. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above, but only when required by written contract or agreement. © 2006 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. © 1985 -2006 by Insurance Services Office, Inc., material used by permission. ENV 2154 A 09 06 Page 1 01 1 CERT NO.: 21049180 Maii66a Rome ] AM /30/2019 9:25:52 (PDT) Page 2 .25E-51 Environmental Engineering & Contracting, Inc. 7/30/2014 POLICY NUMBER: GLP2006942 -11 COMMERCIAL GENERAL LIABILITY CO 24 04 05 09 Igo) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Oroanization: Blanket where required by written contract or agreement, Such written contract or agreement must be in affect prior to the performance of your work which is the subject of such written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included In the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 0 Insurance Services Office, Inc., 2008 CEH'P NO.: 21049160 Marissa Romo 7/30/2014 9:25:52 A (PITT) Page 325E-52 Page / of t EXHIBIT B FEESCHEDULE 25E -53 Fee Proposal - FOG Control Management Program (Bid #14 -045) Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this fee proposal to provide continued Fats, Oils, and Grease (FOG) Program Management services to the City of Santa Ana (City). Based on EEC's experience with similar scopes of work and familiarity with the systems and operations at the City, the annual not -to- exceed cost estimate for the requested services is $296,725. This fee is inclusive of the projected food service establishment (FSE) inspections identified in Exhibit C of the RFP, as well as the level of as- needed support services anticipated for the year. A breakdown of labor costs per task for this scope is provided in the table below. Unit costs for the various FSE Inspection types (Exhibit C) and EEC's 2014 Fee Schedule (hourly rate schedule) are provided in the following pages for your reference. Tasks Project Management GIs/CMMSI , 120 GIs �0 `. Labor Hours Principal In Regulatory 8. 10 Projection Sr. PM 40 Sr. Compliance ;',10 30 Total '.218 Projection $ Cost ',33,400 FSE Inspections FSE Inspection Quantity and Unit Costs per Exhibit C $ 198,800 - Mapping >50 '50 0 0 : 0 -. 0 o 100 $. 42,500 CMMS Support 60 80 0 0 10 0 0 150 $ 19,100 WDR and SSMP 20 " 0 8 10 - 20 75 -;0 -133 $t. 19,875 Training and Support 20 1 30 0 0 10 20 0 80 $ 10,550 Misc. Direct Expenses $ 2,500 - Sub -Total 270 1 160 1 16 20 80 1 105 1 30 681 $ 296,725 EEC Fee Proposal - FOG Control Management Program FP -1 July 31, 2014 25E -54 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program EXHIBIT " C" C94ci11yW -A11 M II_1W17 NZ1111112 E` 25E -55 City of Santa Ana, PWA RFP - Fats, Oils, and Grease (FOG) Control Management Program Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and 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 - Pricing shall be based on an (hourly cost, time and materials basis - see narrative) for services described in Exhibit A. 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. Any special materials and or software will be purchased by the contractor only after discussed and authorized by the City's project manager or designee in writing. Fats, Oils, and Grease (FOG) Management Program FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Environmental Engineering & Contracting, Inc. REQUIREMENT: The undersigned declares that he /she has carefully examined the request for proposal, that he /she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said Proposed Scope of Services, for the unit price(s) set forth in the following schedule: Item # Proposal Item Unit Quantity Unit Price Amount 1. Permitting Inspections EA 350 $ 120 $_42,000 2. Grease Removable Equipment EA 350 $_80 _ $_28,000 (GRE) Inspections 3. Best Management Practices (BMP) EA 500 $_ 74 _ $ 37,000 Inspections 4. Compliance Inspections EA 750 $_120 $90,000 5. NPDES- Inspections EA 120 $ 15 $ 1,800 29 25E -56 City of Santa Ana, PWA RFP — Fats, Oils, and Grease (FOG) Control Management Program Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification and equipment. The use of Subcontractors is allowed but will require approval by City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work. Environmental Engineering & Contracting, Inc. Ph: (714) 667 -2300 Fax: (714) 667 -2310 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 501 Parkcenter Drive, Santa Ana, CA 92705 BUSINESS ADDRESS John Shaffer President PRINTED NAME OF AUTHORIZED AGENT TITLE jshaffer @eecworld.com SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS 33- 0665828 743267 A, HAZ, C10 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 30 25E -57 ENGINEERING & CONTRACTING, INC. 541 Porkosnter Drive, Santa Arta, CA 02705 Phone (714) 567.2900 Fax (714) 567.2310 2014 Fee Schedule PERSONNELCHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist /Scientist $115 Sr Staff Engineer /Geologist/Scientist $125 Project Engineer /Geologist /Scientist - 1 $150 Project Engineer /Geologist/Scientist- 11 $160 Sr Project Engineer /Geologist /Scientist - 1 $180 Sr Project Engineer /Geologist/Scientist - 11 $200 Principal Geologist $225 Principal $225 Project Assistant $90 Technician $90 Drafter $110 Sr Technician $105 Compliance Inspector $105 Analyst GIS /Technology $95 Sr Analyst GIS /Technology $105 Specialist GIS /Technology $115 Sr Specialist GIS /Technology $125 Supervisor GIS /Technology $145 Director /GIS Technology $160 Construction Technician $75 Construction Field Supervisor $95 Construction Manager $100 Sr Construction Manager $125 Technical Editor $95 Emergency response and client requested work during non - standard business hours will be charged at a rate of 1.25 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. Travel Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus mark up. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15 %. Other Proiect Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus markup. Interest Charges Interest on late payments will be charged at the rate of 1.5% per month. Payment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. $an + Gram Wr + Air + W9Bta Lrr + Skumwater + 00 + beirroodid + RomeMon + Cwutruntinn 25E -58 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25E -59 25E -60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH TETRA TECH, INC., FOR COMPLETION OF THE SAN LORENZO SEWER LIFT STATION PROJECT PLANS AND CONSTRUCTION SUPPORT SERVICESAStrategic Plan No. 6, 1, C) CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Tetra Tech, Inc., subject to non - substantive changes approved by the City Manager and City Attorney; to provide engineering design, bid support, and construction support services for the completion of the San Lorenzo Sewer Lift Station project; for a three -year period expiring October 6, 2017, in an amount not to exceed $365,000. DISCUSSION The existing sewer lift station located near the intersection of Bristol Street and Segerstrom Street is a critical asset to the City's sewer collection system and allows the City to provide sewer service to over 1,600 homes and businesses. Since its construction in the 1960s, the sewer lift station has been a robust asset, but is nearing the end of its useful life and is in need of major capital investment to improve the facility and leverage modern technologies. Engineering plans and supporting documentation for the construction of a new sewer lift station have been developed. However, due to environmental issues and legal challenges the project has been significantly delayed. The City has completed an environmental impact review (EIR) to mitigate all environmental issues and has resolved all legal challenges, enabling the project to move forward. On June 20, 2005, having completed a Request for Proposals (RFP) process, Council awarded a contract to Tetra Tech, Inc., to prepare plans, specifications, and estimates for the construction of the new sewer lift station. Although the consultant completed a significant portion of the project design, due to the previously mentioned delays, the contract expired. Therefore a new contract is necessary to finish the sewer lift station improvement plans and specifications, updated with the latest building codes and the requirements from the EIR; and to provide on -going technical support necessary for the duration of the construction period. The savings from the design and technical support services that were not completed under the expired contract are being carried over onto the new contract. 25F -1 Agreement with Tetra Tech, Inc., for Completion of San Lorenzo Sewer Lift Station Project Plans and Construction Support Services October 7, 2014 Page 2 Staff recommends entering into this agreement with Tetra Tech, Inc., to complete work on this important water resources project. The firm has an excellent reputation of providing professional engineering and construction support services to other municipalities, and has similarly provided excellent service to the City. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action FISCAL IMPACT Funds are available in the Sewer Connection Projects Account (No. 05517660 66220) Public Works Agency EG /NS /RR APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Agreement & Fee Schedule with Tetra Tech, Inc. 25F -2 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES WITH TETRA TECH, INC. THIS CONSULTANT AGREEMENT is made and entered into this 7th day of October, 2014 by and between Tetra Tech, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The Parties previously entered into agreement #A- 2005 -142 dated June 20, 2005, under which Consultant contracted to prepare plans and specifications for the construction of the San Lorenzo Sewer Lift Station project. Consultant successfully completed a substantial portion of the project within their scope and budget but the contract terms expired due to delays encountered from externalities outside consultant's control. B. City desires to award this contract so as to allow Consultant, as the original design firm to update and complete the plans in accordance with the latest building codes and requirements of the EIR process as well as provide bid and construction support services for this highly complex project. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall complete final design services and deliver plans, specifications and estimates for San Lorenzo Sewer Lift Station Improvements to City, provide bidding phase support services and construction phase support services, per the Scope of Work dated August 25, 2014, attached hereto as Exhibit A and incorporated herein by reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which result from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a Exhibit 1 25F -3 condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Table 1 to Exhibit A. The total sum to be expended for these services shall not exceed $365,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on October 7, 2014 and terminate on October 6, 2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Term of this Agreement for up to one -year, on the same terms and conditions set forth herein. At the end of the full Term hereof, the Agreement may be extended to expend any remaining funds to complete ongoing projects, by a writing executed by the City Manager and the City Attorney 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25F -4 be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect 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 "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or 25F -5 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 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. CONFIDENTL4,LITY 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. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M -22) Santa Ana, California 92702 Facsimile: 714 - 647 -5058 25F -6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 - 647 -6515 To Consultant: Tetra Tech, Inc. Attn: Tom Epperson, P.E. 17885 Von Karman Ave., Ste. 500 Irvine, California 92614 -6213 Facsimile: 949- 809 -5010 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION 25F -7 This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25F -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: 1Y 12 610=409AWNWO[@� City Attorney :V'r—� V4Z eph Stt ca ssistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR, P.E. Executive Director - PWA DAVID CAVAZOS City Manager CONSULTANT: Tetra Tech, Inc. Tom Epperson, P.E. Vice President 7 25F -9 03 August 25, 2014 Mr. Rudolfo Rosas, P.E., Senior Civil Engineer City of Santa Ana — Public Works Agency 220 S. Daisy Avenue, #A Santa Ana, CA 92703 Reference: San Lorenzo Sewage Lift Station Proposal to Update Plans, Specifications, and Estimates and Provide Bidding and Construction Support Services Dear Mr. Rosas: Tetra Tech had previously provided professional engineering services for the San Lorenzo Sewer Lift Station as part of Agreement No. A- 2005 -142. The original approved budget in 2005 was $220,000. The budget was increased by the following: $19,250 by Amendment No. 1; $23,000 for Extra Work dated July 17`h, 2007; and $37,000 for Amendment No. 2. The modified approved budget was $299,250. Tema Tech submitted substantially completed final contract documents including plans, specifications and cost estimate in March 2009. From that date, Tetra Tech has exhausted its approved funds in supporting the City of Santa Ana in the EIR process for the project. The following correspondence summarizes our proposal to: update the contract documents (plans, specifications and estimates) based on the City's review comments and revisions required by the EIR process; PLC panel design, and development of control strategies (to be performed by Enterprise Automation); provide bidding support services; and provide construction support services. SCOPE OF WORK Task 1: Update Design Criteria Tetra Tech will evaluate the previous design criteria on the following items and provide an update to the City prior to revising the construction plans and specifications: a. Pumps: confirm demands, pump size, selection and manufacturer. b. Grinders: confirm maintenance issues, clearance, and detail inspection ports and conduits. c. Valves: replace gate valves with plug valves and confirm maintenance on check valves. d. Meter: maintenance issues and update specifications. e. Odor Control: update odor control facilities — improve performance of equipment. L Ventilation: duct material, and confirm adequacy with updated code requirements. g. Radar vs laser: update equipment in wet well and add smart cover. h. Crane: confirm the range and removal limits with available clearance. i. Stair revisions: revise stairway per the City recommendation. j. Meter platform: add platform adjacent to the meter for maintenance. k. Building modifications: modify the mansard above the pump removal access. Tetra Tech, Inc. 17885 Von Kerman Avenue, Suite 500, Irvine, CA 92614 -6213 Tel 949.809.5000 Fax 949.809.5010 www.tetratech.com 25F -10 Mr. Rudolfo Rosas August 25, 2014 Page 2 1. Building location: minor adjustment to building location to provide adequate traffic control during construction. m. Code update - structural: update the structural plans and specifications for 2013 CBC. n. Site modifications: confirm fire truck access, addition of gates, and minor modifications. o. Electrical modifications: perform electrical coordination studies — load flow; short circuit study; coordination study; and arc flash study. p. Control strategy coordination: coordinate work with Enterprise Automation, including attendance at meetings and workshops. q. Generator: confirm sizing of generator for full -start capacity. r. Dual force main: prepare exhibits for a dual force main plan, profile and details. s. Traffic control concepts: review traffic control concepts with the EIR documentation. t. OCSD coordination: update the requirements for connecting to the OCSD trunk sewer and obtain the necessary approval from OCSD. Task 2: Update Plans Tetra Tech will update the construction plans based on the revised design criteria agreed upon with the City. The following is a summary of the plan sheets that will be changed and whether the change is minor, major or basically new. • General Sheets: Update G -1, G -2 and G -3 (minor). • C -1 (Demolition Plan) — add notes on access (minor) • C -2 and C -3 (10" FM & 15" S Plan & Profile) — add driveways, traffic control concepts and access notes (minor). • C -4 (Bristol 15" S) — add driveways, traffic control concepts and access (minor). • C -5 (Site Demo Plan) — add temporary const. easement requirements and restrictions (minor). • C -6 (Site Plan) — modify as required to meet fire access requirements, moving of building, and gates (more than minor but not major). • C -7 (Site Piping Plan) — relocate RPPD for interior piping (minor). • M -1 (Control Room) — add window between MCC and stairwary, duct coating, wet well roof changes (minor). • M -2, M -3 & M -4 (Dry Well) — modify clearances to pick up about one foot, modifications to pump, grinder, meter, add platform, stairway modifications, valves, check valy, etc. (major). • M -5 — Odor control plan, section and details (new) • D -I (Connection Details) — add sequencing and traffic concept/access notes (minor). • D -2 (Trench Details) — modify per EIR (minor). • D -3 (Misc. Details) — modify Detail 2 (radar), Detail 3 (wet well level float), Detail 6 (sump) and Detail 7 (dry well washdown) (major). • D -4 (Misc Details) — Detail 2 (drain valve) (minor). • S -1, and S -2 — update to 2013 CBC (minor). • S -3 (Foundation Plan) — modify stairway, epoxy coating of floor and add platform (major). Mr. Rudolfo Rosas August 25, 2014 Page 3 • S-4 (Ground Floor) — add window and any building size change (minor). • S -6 (Section A) —revise stairway (major). • S -7 (Section B) — call out removable mansard (minor). • S -8 (Exterior Elevations) — add removable mansard and minor changes (minor). • S -11 (Structural Details) — minor changes (minor) • S -12 and S -13 (Mansard Details) — modifications due to removal mansard (minor). • S -14 (Stair) — modifications due to new stairway (major). • S -15 (Removable Mansard Details (new). • S -16 (Mag Meter Platform Framing Plan & Details (new). • E -1 & E -2 (Electrical Site Plan and Diagrams) — minor updates (minor). • E -3 (Power Plan) — add disconnect switches, flood switches, grinder conduits, wet well signal in dry well, etc. (major). • E-4 (Lighting and Grounding) — minor upgrades (minor). • E -5 & E -6 (Schedules and Schematics) — upgrade per comments (minor). • Update the landscaping and irrigation plans (minor) Tetra Tech will coordinate with the City staff all necessary City permits. We have included within this proposal provisions for plan revisions, clarifications, meetings and time constraints necessary to obtain any City Building and Electrical Permits. The City will be responsible for processing the plans with the City departments for all necessary City permits. Task 3: Update Specifications and Estimates Tetra Tech will update the specifications for modifications based on the EIR as well as the City comments to the plans. The Contract Documents will need to be updated due to delay. Section 01010 will need to be revised to be consistent with the EIR and the traffic concepts included in the EIR. The following technical specifications will need to be modified: demolition; dewatering; instrumentation and monitoring; cast -in -place concrete; epoxy coating of the floor; ventilation equipment; odor control facilities; sewage grinders; pumps; check valves; manual valves; meters; VFD; and electrical components. Update the cost estimates based on the updated plans. Task 4: PLC Panel Design and Control Strategies (Enterprise Automation) Enterprise Automation will provide specifications and drawings for the functional automation system to be included within the contract documents for the San Lorenzo Lift Station. In addition to providing a functional automation system, Enterprise Automation will also: continue the process of developing documentation formats and standards that can be re -used on future City projects; ensure that the City's control requirements for the City are documented and implemented; ensure that the facility operates as intended by the City; and ensure that as -built documentation for the control descriptions and PLC panel are provided at the conclusion of the construction. The following scope of work includes design phase activities and construction phase activities "�"_f2iK Mr. Rudolfo Rosas August 25, 2014 Page 4 a. Design Phase Activities PLC Panel Design: Enterprise Automation will develop the basis of a new City standard for a PLC panel design for incorporation into the San Lorenzo Lift Station contract documents for subsequent fabrication by the contractor. The design will be comprised of the general back panel arrangement and enclosure standards. The design will be developed via a four step process: development of design options; conduct a panel design workshop; finalize the panel standard incorporating the City preferences; and provide the design for inclusion within the plans and specifications. The goal is to provide the contractor with sufficient design information to fabricate the panel to the standards required by the City. As an additional quality control measure, Enterprise Automation will develop a panel FAT framework for incorporating into the plans and specifications, with the goal being to provide the contractor with sufficient information on the requirements of the panel FAT that will be witnessed by Enterprise Automation. 2. Control Strategies: Enterprise Automation will guide a six (6) hour workshop at the City's facility to review the lists of equipment and 1/0 and determine how the City wishes to operate the facility from a controls perspective. Following the workshop, Enterprise Automation will develop control descriptions for the operation of the lift station. The control descriptions will describe the following: major controlled equipment; PLC connected instrumentation; automation strategies; SCADA alarms; interface with Dynac SCADA System; and Magelis display layout. Enterprise will develop test documentation for inclusion with the specifications that will be used by the contractor for the following: for internal testing prior to site deployment; during commissioning; and by Enterprise Automation and contractor and the City during site acceptance testing. The test documentation will cover PLC /SCADA related controls only. b. Construction Phase Activities 1. Panel Design: Enterprise Automation will review field instrument cut sheets submitted by the contractor to determine the 110 requirements for the PLC panel, and will develop AutoCAD drawings which include: enclosure design; back panel layout; fabrication dimensions; power distribution; 1/0 termination detail; network layout and termination; wire numbering; symbol legend; construction notes and fabrication standards; panel and terminal labels; bill of materials, with component cross referencing bubbles; and design calculations for heat dissipation and wire duct fill. The completed panel design will be provided to the contractor for fabrication. Enterprise Automation will witness the panel FAT with the contractor. To enhance the probability that the PLC program is prepared properly for commissioning, Enterprise Automation will review the contractor's internal test results prior to the commencement of commissioning. Enterprise Automation will provide SAT documentation and assist the City with the formal SAT. Enterprise Automation will provide the City with the following as -built documentation following the completion of the commissioning: scanned SAT documentation; control descriptions; and panel drawings. Mr. Rudolfo Rosas August 25, 2014 Page 5 Task 5: Bidding Support Services Tetra Tech will provide support services to the City during the bidding phase of the work. These services will include the following: attendance at a pre -bid meeting at the City and at the project site; respond to questions on the contract documents during the bid period; and preparation of two (2) addendums. The City will be responsible to distribute the addendums to all plan holders. Task 6: Construction Support Services Tetra Tech will provide support services to the City during the construction phase of the work. Construction support services depend greatly on the contractor's schedule, the adequacy of his submittals, the amount of issues /conflicts that arise during the construction, and the amount of scope the construction manager will complete instead of the design engineer. Tetra Tech does not control the amount of shop drawing submittals, the quantity of RFIs, the adequacy of the O &M Manuals provided by the contractor, or the issues that arise during the construction of the project. We recommend the City budget for the following construction support services: a. Pre - Construction Meeting: Tetra Tech will attend a pre - construction meeting. b. Shop Drawings: Tetra Tech will review shop drawings, equipment specifications, samples and other submittals for compliance with the plans and specifications. For this proposal, we have assumed a total of eighty (80) shop drawing submittals will require our review and included a budget for a second review of forty (40) of these submittals. A brief summary of these shop drawings that we are anticipating can be provided to the City upon request. c. RFIs: Tetra Tech will respond to Contractor's Requests for Information (RFI) and provide clarifications of the plans and specifications during the construction process. For this proposal, we have assumed a total of thirty (30) RFIs will need to be responded to of which ten (10) will require sketches or exhibits. d. Periodic Site Visits: Tetra Tech will perform periodic site visits during construction to review progress and attend construction meetings. These site visits and attendance at meetings will only be done if requested by the City. For this proposal, we have assumed that a total of ten (10) site visits to resolve issues will be required. In addition, we have assumed that we will be requested to attend a total of ten (10) construction meetings of one hour in length. e. Minor Plan Revisions: Tetra Tech recommends the City include a budget for sixty (60) hours of minor plan revisions that are requested by the City construction manager. f. O & M Manual: Tetra Tech will complete the O &M Manual (three hard copies and one pdf). Tetra Tech will collect and compile all equipment and product information provided by the contractor and will then incorporate it into the O &M Manual. Included within the manual will be the specifications, maintenance recommendations, and warranty information. g. Start -up Assistance: Tetra Tech recommends the City include a budget of forty (40) hours of a civil/mechanical manager /engineer and forty (40) hours of an electrical manager /engineer to provide assistance to the City's construction manager during the start -up of the facilities. 49,' Mr. Rudolfo Rosas August 25, 2014 Page 6 h. Change Orders: Tetra Tech will evaluate and respond to contractor's request for change orders. For this proposal, we have assumed a total of six (6) change orders will need our attention. Tetra Tech will provide a summary of the contractor's request, breakdown of the additional monies requested, and reasonableness of the request. We have assumed the evaluation will include a meeting with the City's on -site inspector to discuss the changed conditions. i. Record Drawings: Tetra Tech will prepare record drawings based on contractor's red -lines and any comments /revisions provided by the City's construction manager. Tetra Tech will provide two copies of the final documents, digital and hard copy. All drawings will be completed and provided in mylar format, in digital drawing format, and in pdf format. j. General Assistance to Construction Manager: Tetra Tech recommends the City include 'a budget for providing office support to the City's Construction Manager during the construction phase. This support will include answering questions over the phone /e -mail, discussing issues, and providing general assistance as requested by the CM. For this proposal; we have assumed a total of two (2) hours per month over the twelve (12) month duration of the project. SCHEDULE Tetra Tech will be able to start work immediately upon receipt of the Notice to Proceed. We envision the design criteria will be able to be resolved, discussed with the City and decisions /directions made with the City within six (6) to eight (8) weeks from the Notice to Proceed. The updates to the plans and specifications, once the design criteria are agreed upon, can be completed within six (6) additional weeks. Therefore, we will be able to have plans and specifications ready for permit submittal to the City within three (3) to four (4) months from the Notice to Proceed. We are hoping that the PLC Panel design and control strategies will be able to be completed concurrently. SUMMARY Tetra Tech will perform these services on a Time and Material basis with the below Not -to- Exceed Fee, based on the hourly rate schedule included within our On -Call Water Resource Engineering Services Consultant Agreement with the City. Our Not -to- Exceed Fee includes all labor, materials, and other direct costs for all of the work anticipated within the above scope of work. 1 I Update Design Criteria 1 $ 42,700 I 2 1 Update Plans 1 $ 45,000 1 3 Update Specifications and Estimates $ 19,900 4 PLC Panel Design and Control Strategies $ 121,200 5 Bidding Support Services $ 5,000 6 Construction Support Services $ 131,200 Mr. Rudolfo Rosas August 25, 2014 Page 7 Attached is our estimated person -hours and corresponding fee breakdown per task based on our On- Call Consultant Agreement. Thank you again for the opportunity of submitting this proposal to continue working with the City on the San Lorenzo Lift Station project. If you have any questions or require additional information, please do not hesitate to give me a call. Sinc ly, s� AA�---- Epperson, . Project Manager Vice President, Engineering & Consulting Services TLE/te MAManagement\Drafts\Eppenon\SA San Lorenzo Extra Attachment ,'. "; CITY OF SANTA ANA Son Lorenzo Sewage Lift Station Proposal to Update Plans, Specification. and Estimates and Provide Bidding and Construction Support Services Fee Summary Task Description S Fees TOTALS SH Hurried P Project E Eng 11 and T EngI C CADD W WP H Total L Labor C Sub. _ E upaau now, alone _ a. P Pumps __ 2 2 S S 4 _ _ 0 0 __ 1_15 $ $2,485 _ $0 $2,435 a am 2 2 4 4 0 0 2 2 0 0 1 1 9 9 $ _ $ $0 $ $1,51] a a 0 0 2 2 0 0 2 2 0 0 0 0 4 4 $ $522 $ $0 $ $522 r 0 0 2 2 0 0 2 2 0 0 0 0 4 4 $ $522 $ $0 $ $522 wmrol 2 2 8 8 1 12 4 4 4 4 0 0 3 30 $ $4,364 $ $0 $ $4,354 lmmn 0 0 4 4 4 4 0 0 0 0 0 0 6 6 $ $1,160 $ $0 $ $1,160 r va. L..ar 0 0 2 2 4 4 2 2 O O 0 0 B B $ $1,022 $ $0 $ $1,022 a - 2 - 4 0 0- 0 0 1 10 $1,214 $ $a $ $1214 m mNacn 0 0 2 2 4 4 4 4 4 4 0 0 1 14 $ $1,]94 $ $0 $ $1,]94 xaao�m 0 0 2 2 4 4 4 4 4 4 0 0 1 14 _ $1,]94 $ $0 $ $1 ]94 ma m<xx<xl<n•__ 0 0 _ 2 4 4 4 4 0 0 0 0 1 10 $ _ $ $0 $ $1 214 1. r ros I-e _ 2 __ _ _ 2 8 4 4 4 0 0 2 22 $ $3,194 $ $0 $ $3194 upepu q q 4 4 4 4 _ 4 0 0 0 0 1 16 _ $2,664 _ $2,884 elm.pesmxlwe 0 0 _ _ 4 0 4 40 _ $ $1,410 $ _$0 _ $ $1,410 Eaxaul rrso s•awa 4 _ _ _2 8 4 4 4 4 0 0 2 23 $ $4,424 $ $0 _ _ $ p. c cpmiol evemsvcwramauon B B 8 8 0 0 0 0 0 0 0 0 1 16 $ $31600 $ $0 $ _$4,424 _ e a aem_or 2 2 4 4 2 2 0 0 0 0 0 0 8 8 $ $1,480 $ $0 $ $1,480 a'sn .mss 2 2 4 4 8 8 0 0 i i2 0 0 2 28 $ $3,9]0 $ $0 $ $3,970 Tnm«_ol wn.PI• _ 2 4 4 8 8 0 0 0 0 0 0 1 14 $ $2,230 s so _ _ _ 2 4 0 0 4 4 0 0 _ _2 1 12 $ $1,804 $ $0 _ $1,804 _aoso w ropme«a--k.a 0 0 0 0 1 1 0-0 0 0 0 0 0 0 $ $0 3 _ $ 306 '32 3 30 1 182 4 44 + +l 36 4 4 2 278 ; ;r$42,394 . .:$306 $ $427W: cmaamces r 1 2 _ 4 0 0_ 1 15 0 0 9 __ _ $3800 $ $0 _ 3 3800 b. e r1saop p 1 2 2 _ 2 D D q q 0 0 9 9 $ $1,445 _ $1,445 ia, s snen u.z, Ma.ne .a 3 3 f fi 1 12 0 0 1 18 0 0 3 39 $ $6866 $ _ $5,955 __ a a. s sn•el MSoeor waeou•vuW 1 1 4 4 8 8 _ _ 0 1 14 0 0 2 27 _ _ $3=975 $ $0 $ $3,9]fi_ eneei as 1 1 4 4 8 8 0 0 B B _ 0 1 19 $ $2,865 - $2,855 •(. s svunureltmlooa le enexx _ 0 0 0 0 4 4 0 0 4 4 0 _ 0 e - --s-112-80 $ $0 1 1,080 Is. s sneer ax. ssasaa 0 0 0 0 6 6 0 0 1 10 0 0 1 16 _ _$2200 _ $ $0_ $ $2,200 sns to =m <vola u,.amrel 1 1 2 2 4 4 0 0 8 8 0 0 1 16 - $0 $ $2,275 _snwi s aei cis (Mote, Paw, 1 1 2 2 4 4 0 0-8-0 1 15 $ $2,275 _ $0 _ $2,275 4 a aeeam (min«t 0 ahem) 2 8 8 1 10 0 0 2 20 0 0 3 38 $ _ $ $0 $ _ $ x. s sneai e�xwo.m vlenj 2 2 4 4 B B 0 0 6 6 0 0 1 18 $ $2,860 $ $0 $ $2850 upan.imus "PImax•ae 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $0 $ $1,150 $ $1,150 pm=e <amp cny mmxe 4 4 8 8 1 16 0 0 1 1fi 2 2 4 46 $ $6,970 $ $0 $ $6,970 Bepr<eurnrnallmaae 0 0 0 0 0 0 6 6 0 0 0 0 0 0 $ $0 $ $2,460 $ $2,460 eve oa - -�18 x 1 14 0 02, 0 0 < > > 128 1 1 2 , ,274 $ $4113110 ; ;61➢ $ $45,00 " -' ups «a sp..amnon. _ .la mamenu. spenal pmNekna F 4 0 0 0 0 1 1 _ 1 _ _ $0 $ $1,325 n, s ssamanmro lsvava.y o(w «xl e _ 4 0 0 0 0 1 _ 1 _ $ $1,fi56 $ _ $ $1,655 10 0 0 0 0 0 0 4 4 1 18 $ $3,1]0 $ $0 $ $31]0 8 0 0 0 0 0 0 2 2 1 12 2 2,030 _ F-44 _ 8 0 0 0 0 0 0 2 2 1 10 1 1]50 $ $0 $ _ 8 2 6 0 0 0 4 4 1 12 1 11,460 $0 $ $1,460 e ' 'Emniumsoamm(asrenaml 2 2 2 2 0 0 0 0 1 1 6 6 $ $960 $ $0 $ $966 n. v vso aaa MCC 4 4 4 0 0 0 0 1 1 1 11 $i 825 $0 $ $1,025 6 8 8 0 0 0 0 _ $0 $ $2,]65 8 8 4 4 4 4 _ 0 _ _2 _ __1] _ _$2yB5 _ $ $0 $ $2,]]4 0 0 0 0 0 0 __ 0 __9__ 1 0 $ $0 $ $116 1 11fi sam «C ` `20 a a 50 e e 22 4 4 S S 7-1 1 18 - 1 120 : :° 19 ]84 prc pa <a see c <nrroi ay.mx�.• .soya aurae nmlvma• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $]5,003 $ $75,003 a. eannrn <n ones. suwmw 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 $0__ $ $48820 _ panrulmage 0 0 0 0 0 0 0 0 0 0 1 _ 0 0 $ $0 $ ___$40620 $1,521 0 Y YO 0 0 0 0 $ $0 $ $121,200 ! !$4211200 ._ s � �eiaams svpp<n sourc=e nuana Amble meamg 2 2 4 4 0 0 0 0 0 0 O O 6 6 $ $1,230 $ $0 1 1,230 o. P Prepare Faaanm(a) 2 2 6 6 B B 0 0 4 4 2 2 2 24 $ $3,660 $ $0 $ $3,660 ewmaeaan,.,suw 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ $0 1 110 $ $110 sunwm 4 4 1 ' ' 12 ' - -9 0 0 - - 4 2 2 a ao L ( ($41890 : :$110 $ $600* coa.r e ea svppva s.aa<.. 2 0 0 0 0 0 0 0 0 0 0 z z $ $570 $ $35 $ $605 I s Drawl a•(av olp 1 12 _ _180 1 120 6 60 0 0 8 8 3 330 $ $54,640 $ $__ $ $54_840 foes (sarol 1 10 4 40 1 18 1 10 1 10 0 0 8 86 1 13,860 $ $0 _ $13,800 a. w weaoal<are maleOaim 1 10 2 20 0 0 0 0 0 0 0 0 3 30 6 6,150 s _ $ $6,150 amo, m.n aernloas (eo ncu,pt _ _ 0 0 0 _ _ a z zs _ 3 30 0 0 _ _so $ $]346 $ $0 $ $7,346 r a aMManv.l 2 22 8 8 2 24 1 15 0 0 4 4 5 54 $ $6,606 $ $0 $ $6,806 _ a a sorrow aaa.nw 1 16 6 64 0 0 0 0 - -0-0 5 50 _ $0 _ _ a•owra naexen <e lei 1 12 2 24 18 0 0 0 0 6 6 6 60 $ _$15,120 $ $0 _ $ _ a sa<nm 0 0 0 0 4 4 _ _ $ 0 5 56 $ $8,040 $ $0 _ 8,040 t 1 cM 0 12 1 12 0 0 0 _0 _ _52 0 0 _ $0 $ _ 8 wawae�n <mrmlwp. c 0 i i 0 0 0 0 _ 0 0 0 0 0 0 $ _$5,400 $ $3033 $ $5,033 eve w _ _]8 ,k. 3 348 � �iB6 1 112 s s .92' 1 18 t. 8 832 1 1 $128132 5 5$8 088 1 13220 '- Total x x150 ;° ; ; 540 - -380 1 160 2 266 4 44 1 1534 $ $236,590 . $ $129;410 $ $365,040 C 25F-1 7 TETRA TECH 25F -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: AGREEMENT WITH VENTIV TECHNOLOGY, INC. FOR SOFTWARE MANAGEMENT OF CITY'S CLAIMS SYSTEMS {STRATEGIC PLAN NO. 7, 5 & 6} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ...0• _E ❑ As Recommended ❑ As Amended _❑ _Ordinance_on_l" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute an agreement with Ventiv Technology, Inc., for the software required for the management of the City's workers' compensation and liability claims in an amount not to exceed $55,000 subject to non - substantive changes approved by the City Manager and City Attorney. The agreement includes a provision for a one -year renewal option exercisable by the City Manager and City Attorney in an amount not to exceed $55,000, a total of $110,000 for a two -year period. DISCUSSION The City self- administers its workers' compensation and tort liability claims. Management of these claims requires the use of proprietary software for the processing of payments, claim monitoring and compliance with reporting requirements. The City has utilized Ventiv Technology, Inc., (formerly AON eSolutions; formerly Valley Oak Systems, Inc.) since March 16, 1999. The agreement with Ventiv Technology, Inc., expires September 30, 2014. This agreement extends terms of agreement and amendments to September 30, 2016. The agreement renewal reaffirms the amount of annual maintenance fees and the hourly rate of professional services, data conversion, custom development and training. Escrow agent changes are also reflected. The term may be extended for up to one additional one -year period in an amount not to exceed $55,000 annually. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #5 Promote the use of new technology to improve the delivery of services to staff and the community and 25G -1 Agreement with Ventiv Technology, Inc. October 7, 2014 Page 2 Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goal. FISCAL IMPACT It is estimated that this agreement will result in an annual cost not to exceed $55,000. Funds are available in the affected departmental accounts Liability & Property Insurance: (account no. 08009051 - 62300) and Workers' Compensation (account no. 08209054 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: �1 Edward S. aye Francisco Gutierrez Executive Director Executive Director Personnel Services Agency Finance & Management Services Agency 25G -2 CONSULTANT AGREi EMENT THIS AGREEMENT, made and entered into this _____ day of October, 2014 by and between Ventiv Technology Inc. Pk/a Aon e8olutions, Ino., a California corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). A. Consultant and City entered into Agreement A 1999 -003, Bated March 16, 1999, for the installation, training and maintenance of the City's Personnel Services Agency's workers' compensation liability claims software program. Subsequent agreements and extensions have provided the City with uninterrupted use of the Consultant's software program, B. City as the licensee of Software Products owned and developed by Consultant desires to continue to utilize Consultant to provide upgrades, maintenance and support of the liability and claims software programs, Consultant represents that it 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 the field of workers' compensation statutory and regulatory compliance and is able to provide upgrades, maintenance and support of both the workers' compensation and liability claims programs to keep it in compliance with statutory and regulatory changes, in a professional and timely manner; NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide services at the level as set forth lathe Ventiv Support Service Level, attached hereto as Exhibit B and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified, in the Renewal Information sheet, attached hereto as Exhibit A and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed.. $55,000,00 per year during the initial term of this Agreement. It is hereby agreed that the compensation rate for this Maintenance Agreement during any extension period shall either be the same as the current year's rate or at an increase not to exceed five percent (5 %). b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not 25G -3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on October _ 2014 and terminate on September 30, 2016, unless terminated earlier . in accordance with Section 12, below.. The term of this Agreement may be extended for up to three (3) one -year periods upon a writing executed by the Consultant, City Manager and the City Attorney at the fee as set forth in Section 2, hereof. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer`s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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 perfonnance 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. b. Professional liability (errors and "omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25G -4 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, Ci i) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. £ ifConsultant 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant agrees to and shall indemnify, hold harmless and defend the City, its officers, agents; employees, consultants, special counsel, and representatives from and against alt third - party claims, demands, actions, losses, damages or expenses (including reasonable attorney's fees and court costs related to such defense) (collectively "Liabilities'"} arising out of or resulting from: (1) willful misconduct or gross negligence of Consultant under this Agreement; or (2) bodily injury or death of any person or damage to real and/or tangible personal property directly caused by the negligence of Consultant, its personnel or agents in connection with the performance of the services hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY ITT If either party receives from the other party informations which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information of the disclosing party except in the performance of this Agreement, and fiarther 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" shrill 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 i s 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 receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party Without reference to information disclosed by the disclosing party. 25G -5 Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which world conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified .mail, postage prepaid, or sent by telef icsimile 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 tuna, CA 92702 -1988 Fax 714 - 647.6956 With Courtesy copies to: Personnel Services Agency City of Santa Ana 20 Civic Center Pla7a(M -41) P.C. Box 1988 Santa Ana, California 92702 Fax 714: 647- 6994 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Consultant: Ventiv Technology loco Attn: Doug Wilson Ventiv Technology Inc. 5000 Executive Parkway Suite 340 San Ramona, CA 94583 P: 770.30$.5425 F: 770308.5601 25G -6 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 teiefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant; and supersedes any and all other agreements; oral or written, between the parties. In the event of a conflict between the terns 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 neither Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been trade by any party, or anyone acting on behalf of any party, which is not embodied herein.. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, neither party may assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the other party and any such assignment, transfer, delegation or subcontract without the other party's prior written consent shall be considered null and void; provided, however, that either party hereto will have the right to assign this Agreement to another entity in connection with a reorganization, merger, consolidation, acquisitions or other restnicturing involving all or substantially all of the voting securities and/or assets of the assigning party upon written notice to the non - assigning, party. Nothing In this Agreement shall be construed to Inuit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel. 12. TERMINATION This Agreement may be terminated by either party upon thirty (3 p) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such data and in such case such work product shall be 25G -7 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 falls to meet the standard of perfotniance specified in the Recitals of"this Agreement. In the event of termination by City, a- refund equal to the remaining prorated Maintenance Agreement price (i,e.: Maintenance Agreement price paid by City divided by 12 times the number of remaining months) shall be paid to City by Consultant within 60 days. t r 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 andloeal laws and regulations. Ibis 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. Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions tiecessary 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 Aiwa and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals; waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 16. MISCELLANEOUS PROVISIONS a Each undersigned represents and warrants that its signature herein below has the power, autbority and right to bind their respective parties to each of the terms ofthis Agreement, and each party shall indemnify the other party frilly, including reasonable costs and attorney's fees, for any injuries or damages to a party in the event that such authority or power is riot, 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. 25G -8 11,1711 i at MUMM1101,051 Ig e' a M 0 RI ail i' .01� -d.. ° l s IMMO 25G -9 Glob*DOqs a Mmin Tax M# 68- 0331359 Renewal Information Sheet Included Modules and Interfaces: Workers' Compensation Module General Liability Module Check Printing Module Employee Interface Bill Review Interface CA Commutation Calculator CMS Module S user licenses 25G -10 Support Service Level 1. Definitions. 1.1 "Business flours" means the hours of g:QOatn to 9;00pm Eastern Time on all Business Days. 1.2 "Customer's Support Contacts" has the meaning set firth in Section b of this hedule V, , 1.3 "Error" means a material failure of the applicable Software to conform to.the tlructional specifications described in its Documentation. 1.4 "Error Corrections" means any modification, workaround, or routine intended to correct the practical adverse effect of an Error.. 1.3 "Follow-up Frequency" means the frequency of time that a support consultant will update the customer (electronically or otherwise) on the progress of commercially reasonable effem to resolve an issue. 1.6 "Release" means a modification of the Software, normally denoted with a new number to the immediate right or left of the decimal, which contains new features and functionality. Release does not include now products or modules of the Sofhvate for which Ventiv generally charges its customers an additional license or subscription fee. W "Response Time" means the amount of time from when the customer .properly reports an issue until s support consultant acknowledges receipt (electronically or otherwise) and initiates troubleshooting to resolve. 1.8 "Resolution 4,eal" means. the amount of time that is set as a goal to resolve an incident, Commercially reasonable efforts will be used to meet this goal. 1.9 "Severity Level' means the impact level assigned to an issue based on the level of service degradation or loss of functionality. 1.19" latches° means a change to the Software that may include patches, fixes, minor updates and Error Corrections, which Ventiv generally provides to its customers who receive customer support services, 2, Su20 Generally. 2.1 Ventiv will provide one or more reasonable means of communication to allow Customer's Support Contacts to contact Ventiv for assistance, in resolving problems with the Software C%elp Desk') in accordance with and during the hours of operation more specifically set forth in this Schgdu a C. The Help Desk will allow communication inaccordance with the table set forth in Section 7 below. 2.2 Because Customer has no rights in the source code version of the Software, and may only use the object code version of the Software, Customer may only maintain the Software at be administrative level and then only in a manner that will not cause corruption of the code. Customer is prohibited from attempting to support the Software (either itself or through a third party) in any way that would require access to the source code of the Software or would require any reverse engineering, reverse assembly or disassembly of the Software. Verily currently is the only entity authorized to support the Software at the code level and does not provide any of its customers the right to seem the source code in order to support the Software. 2.3 Ventiv will provide Customer Support Services for the "current release and "previous release" (major or minor). The ^end -of life" ("EOV) release will be eligible for emergency, externaldlriven interface changes with less than three (3) months' notice and defect resolution for issues of severity I — 3 to allow Customer to upgrade from the "EOL release" to either the "current release,' or the "previous release." 3. SuRpor# an ¢ l4aintanance. 3.1 Servk;es. Subject to the timely payment of the applicable Subscription pees set forth in the Order Pone, Ventiv, will provide the level of support identified herein in accordance with the support descriptions set forth below. Ventiv will notify (electronically or otherwise) Customer of any changes to such support - 25G -11 descriptions in each subsequent, renewal, as applicable. No other.maintenance or support for the Software is included in this Agreement. 3.2 Fear. Subscription Pees will be due and payable in acoordatico with this Agreement, Subscription pees are mars - refundable, once:paid to Ventiv: 4. rr rrec ions and a c 9.t As a part of the Customer Support Services, Ventiv will use commercially reasonable efforts to provide Error Corrections for all verifiable and reproducible Errors in the Saftwa€e in accordance with the Agreement and this Schedule 4.2 Asa part of the Customer Support Services, Ventiv will provide patches to the Software that Ventiv makes generally available to its customers who receive support services. 3. Now Recesses 5.l As a park of the Customer Support Services, Vent€v will provide to Customer new Releases of the Software as and when developed, except for new products or modules for which Ventiv generally charges a separate license or subscription fee, Ventiv is not obligated to develop new Releases ofthe Software„ 54 Ventiv will provide Customer, as part of the Customer Support Services, with new Releases created by Ventiv as a result of a change in law or new law that directly applies to existing functionality within the Software currently offered by Ventiv. As an accommodation and not as provision of legal advlec, Ventiv will take commercially reasonable offlarts to promptly notify Customer in writing upon becoming aware of any material changes to any applicable law or governmental regulations that may cause the current Release of the Software not to conform to such law or regulations. Notwithstanding the foregoing, in the event that the required modifications to the Software (€) would require a material ro- architecture or other significant product re- design, (ii) would require Ventiv, to obtain data which is either unavailable, or, which is only available at a material cost, or (if!) would otherwise require Ventiv to incur material expenditures (as measured against the fees charged tinder this Agreement), and Ventiv is not otherwise making such modifications for its other customers, then Ventiv may cease providing the affected Software in the affected jurisdiction. Customer is strongly encouraged to consult with its own attorneys and other advisors as to legal requirements in effec€ from time to time, 5.3 In the event that Ventiv intends to withdraw any Software from general availability for any reason whatsoever, Ventiv will provide Customer at Ieast six (6) months prior written notice of such withdrawal: 6.1 Ventiv provides unlit €es, scripts and documentation to enable self - hosted Customers to upgrade their own test and production environments. Ventiv hosted Customers arc entitled to one (l) test and one (1) production non- compliance related upgrade per year, included in their Subscription Fee. 6.2 if the upgrade request is outside of the scope of this Agreement as indicated in Sections 6.1 through 6.2 above, Ventiv wit l notify the Customer to that effect and reserves the right to charge Customer at Vastly's then current standard hourly rates, For which customer agrees to pay Ventiv promptly upon receiving an invoice. The following are examples of upgrade requests that are available from Wally: (a) Customer requested test refresh dauabase from production data in addition to the one refresh per year (Ventiv hosted Customers only); (b) additional upgrades in test or production environments required by the Customer through no fault of Ventiv; (c) upgrade or upgrade activities requested during non- business hours; (d) request for Ventiv to perform the test and/or production upgrades for self-hosted Customers. 7. Limilattong. 7.1 Ventiv is under no obligation to provide Customer Support Services with respect to: (a) Software that has been altered or modified by Customer or any third party,, (b) Software used on a system that does not meet 10 T..., 25G -12 the minimum hardware; software, operating system, mobile devise, and other system and configuration requirements set forth In the Documentation or provided by Ventiv; and (c) any software not both supplied by Ventiv and identified on an Order Form. 7.2 Customer Support Services does not Include researching Customer requests, researching and fixing anomalies caused by other vendors, making changes resulting from internal Customer business practices, enhancing system configuration and other similar tasks that are requested or required, but are outside of VendVs control. Causes or errors that are not a truretabie to Ventiv (and therefore would also be considered Additional Services) iimelnde, but are not limited to, the following: (I) accident: unusual physical, electrical or electromnguetic stress; new ect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; excessive heating; fire and stroke damage; or Causes other than ordinary use; (if) use of the Software on equipment or rotation media other than the equipment for which such software was designed and licensed for use on; (iii) interconnection, interfacing or operation of the Software with other software products not supplied by Ventiv; cv) operation of the Software with other media, hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer's or onvironmetgal or Ventiv's specifications; (v) improper installation by the Customer or use of the Software that deviates froth any operating procedures established by Ventiv 'In the applicable Documentation or in environmental or taanufactimerspecifications, for example, virtual machine configuration; (vi) modification, customization, alteration or addition or attempted modification, customization, alteration or addition of the Software undertaken by the oustomer or its agents, assigns, contractors, employees or other's under the oustomer's control (vii) software programs made by Customer or other parties unless specifically covered in a Statement of Work between the Customer and Ventiv; (viii) Customer's failure to httplementcurrrent versions of the Software that are issued under this Agreement; (ix) introduetion of data into any database used by the Software by any means other than the use of the Software; (x) failure by Customer to respond to any action plates provided by Ventiv pursuant to a support call by Customer; (A) improper or incomplete 12EE app €ication server administration, or (Al) improper or incomplete database administration. 7.3 If Ventiv has created a third party interface ( "Third Party Interface ") to one of Customer's third parry products provided by another vendor ("Third Party Product") and such vendor modifies the Third Party Product causing the Third Party Interface to stop functioning properly, then the services required to modify the Third Party Interface as a result of the changes to the Third Party Product are considered outside the scope of Customer Support Services and would incur additional fees in accordance with Section 14 below: Services required to resolve any Customer.Cteated Error are outside the scope of Customer Support Services and would Incur additional fees in accordance with Section 5.4 below. 7.4 if a problem reported is outside the scope of this Agreement as indicated in Sections 5.1 through 53 above, Vastly will notify Customer to that effect and reserves the right to charge Customer at Vontiv's then current standard hourly rates, for 'which Customer agrees to pay Ventiv promptly upon teoClving an invoice, Certain requests, such as building custom modules, database objects, reports, utilities or other complex projects {"Additional ServkeC) may also incur additional fees beyond those associated. with Customer Support Services and will be detailed in anew Order Form and Statement of Work agreed between the parties and subject to the terms and Conditions of this Agreement. The following are examples of Additional Support Services that are available from Ventiv: (I) add -on data conversions; (it) implementation for any optional saitware modules; (iii) supplemental training; (iv) custom reports — defining, creating, testing or troubleshooting (Ventiv will help with "how do I add a table, column, field, etc," in Report Designer, but Ventiv will require a Statement of Work to help troubleshoot or clean up a modified or custom report (unless the custom report is specifically under maintenance; for example: "l tried to add to or modify my oustom report and now my auistanding indemnity figures are incorrect )); (v) IVOS upgrades during non - business hours; (vi) security configuration consulting or setup; (vii) data conversion Issues once hansitioned from implementation to support; (viii) Ventiv database changes, such as organization changes, combining insureds, reference table changes, eta; (ix) corrections to Customer's data, including, but not limited to, data modification for purposes of exportinglimpotting tolfrom the Ventiv database; (x) database administration sorvices (iVOS self - hosted only); (xi) M-Ei application administration (MOS self-hosted only); fXH) backup and recovery consulting (iVOS selfihosted only); (xiii) performance troubleshooting outside of the application; (xiv) any hardware or software problems beyond the control of Ventiv; (xv) network changes and network performance problems (xvi) support and maintenance of custom modules that are not covered under the Customer Support Services; '(xvii) custom enhancements, thr example: new check printing functionality or custom- scored procedures (e g„ p examiner), and (xix) for IVOS interfaces: (a) installation and configuration of any interface Software on hardware external to the Software server, (b) training on interfaces; (e) Customerinitiated changes to the interface specification (note that Ventiv reserves the tight to modify the interface specification for future enhancements); (d) Customer changes to systems external to Ventiv that result in any failures or performance problems with the Interface; or (e) bugs In a Customer's computer softwaro and hardware that result In interface operational failure. 75 The following types of requests will incur additional fees: (i (ii) performnnco troubleshooting outside of 0ue application; (iii) any hardware or software problems beyond the control of Ventiv; (iv) Customer network changes and network perfomance problems, (v) training questions; and (vi) documentation requests for documents available out the portal or online help. 74 Support is delivered in English only, unless Customer is in a location where Ventiv has made localized support available. $. Cttstagteg Citrliatloas. Customer will be responsible for the following: (a) reporting errors promptly; (b) providing sufficient information for Ventty to duplicate the circumstances of a reported Software defect or duplicate the error, as described in rte Specifications, so Ventiv can duplicate the error, assess file situation, and/or undertake any needed or appropriate maintenance action hereunder; (o) designating two (2) members of Its technical staff trained on the iVOS product to serve as Customer's sole representatives to contact 'Ventiv with maintenance issues ( "Customer's Support ComaeWT and (d) carrying out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures (or revisions, upgrades, enhancements, etc.) have been received from Ventiv. 9, Ritipiles Ventiv provides services through its Helpdask asset forth in the table below �!tQimr� `g5f� . Sttlllubrf p�sozdpiiusn � t7ai. k�olusshns Toll Free Hours available for live Monday - Friday Live Phone Support phone support 9:OOam — 9.00 pm EST Ventiv Holidays (US) Emergency after normal Emergency after -hours Business Hours on-call Support support (24 hours a day, 7 MUMS days a week - Severity I issues onl E -mail Support Ability to contact Support 1esponse will be end of Use live or emergency for throe e-mail next Business Dg Sevek I Self -Service Portal Online access to ticketing Response will be end of Use live or eitiorgency for Severity I system to report so Incident. next business Day PI - 24 x 7 through Vantly supliort toll frce tale hone number: 1- 800.980 »9460 P2 = 24 hours per da durina the five 5 business days and tnrou h day), excluding Ventiv holidays. P3 c During standard business hours (8;00 am to 9;00 pm) during the five (5) business days (Monday through Friday), excluding Ventiv holidays, P4 = Monday through Friday by region (North America, APAC and EMEA) during standard business hours (8:00 ant to 9.00 an exctudin Ventiv holida s, 12 10. [at ident R oamse fRr 8 uaefioaatifr oS the 3oStware. The Software is designod and configured to meet minimal functionality standards as described in the Documentation and the Statement of Work, The following table illustrates the response level and resolution goal for loss of functionality of the Software. 3evetlty Classilltpiton $gesllcr#ption ..: Tuff n 1LosPo ... IYme koiitaW i+ ue PLOW nrivarataf PI Critical a Ventiv Software is completely 30 minutes during Every 66 minutes ; B Business Hours , inaccessible or the majority of its critical Business Hours , during Business . functionality is unusable and no work Hours. After hours, around exists, update frequency will be mutually agreed upon. P2 -Major a One or more key futures of Ventiv 60 minutes during . One Daily Update 5 Business hays c Software is unusable and no work around Business Hours sent during by next schedule exists, Business Hours. maintenance window; whicheva is less Pi - Minor Non- critical functionality is down or I Business Day As Agreed As Agreed impaired • Hoes not have significant .current . production impact perfotmance is degraded P4 — General . How to, training items, requests for 5 Business Days As Alp=d . As Agreed Request general information e Enhancement requests 11. Customer ®btig}uions. Customer must make at least one of its two Customer Support Contacts available to work with the assigned Ventiv support resources) for all p I and P2 issues. If Customer's Support Contacts are unavailable to work with Ventiv, then the issue will be towered to a P3 issue, If su Issue Is considered Pl, customer most call the Helpdesk 12. Defect Rasoluffon. Should Ventiv, in its sole judgment, deter ai tie that there is a defect is the Software, it will, at its sole discretion, repair such defect in the version of the Software that Customer is currently Using or Instruct Customer to install a newer version of the Software with such defect repaired. Ventiv reserves die right to provlde Customer with a work around in lieu of fixing a defect should it, in its sale judgment, determine that it is more effective to do so. 13. Escalation bevels. 13 25G -15 $cYkk trite fiscalatius9B6fW #hdnfi9rtw109 # efrenes rt - critical I Stata2 P2 — Major P3 -- minor State 3 State t 14 25G -16 2 Business Hours 8 Business Hours 4 Business Hours 8 ,Business Hours REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: APPROVE AGREEMENTS FOR SPECIAL LEGAL COUNSEL SERVICES WITH COLANTUONO, HIGHSMITH & WHATLEY, PC. (STRATEGIC PLAN NO. 4, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: y•0:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a legal services agreement with Colantuono, Highsmith & Whatley, PC, for legal services at the specified rates below, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Colantuono, Highsmith & Whatley, PC The law firm of Colantuono, Highsmith & Whatley, PC is the preeminent law firm in the field of Utilities User Tax litigation and a leader in the defense of government entities in class action lawsuits involving revenue measures. The Colantuono firm has argued the two leading cases pertaining to UUT issues before the California Supreme Court and has defended dozens of cities against the same issues that are raised in the matter of Ruiz v. City of Santa Ana. The law firm shall provide service at a rate of $375 an hour for Attorneys Michael G. Colantuono and Holly 0. Whatley, $305 an hour for Attorney Charlie LaPlante and $245 an hour for Attorney Len Aslanian. Paralegal work will be charged at a rate of $160 an hour. A copy of the Colantuono proposal, Firm profile and key personnel profiles is attached hereto as Exhibit 1. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4, City Financial Stability, Objective 1. Maintain a stable. efficient and transparent financial environment. 25H -1 Legal Services with Colantuono, Highsmith and Whatley, PC. October 7, 2014 Page 2 of 2 FISCAL IMPACT The tort defense services would be paid out of the Personnel Department's Risk Management Liability Fund Account (account no. 08009051- 62302). All legal services provided pursuant to these contracts shall be paid for out of the City Attorney's Office's Other Contractual Services Budget (account no. 01108032-62300). APPROVED AS TO FUNDS AND ACCOUNTS: ✓u.'l, �� l LbM-t ID }eft A�f !a \. /u Sonia R. Carva ho Francisco Gutierrez City Attorney Executive Director Finance & Management Services Agency I Attachment 25H -2 Michael G. Colantuono MColantuono @CHWLAW. US (530) 432 -7359 September 26, 2014 VIA E -MAIL AND U.S. MAIL Jose Sandoval, Esq. Chief Assistant City Attorney City of Santa Ana 20 Civic Center Plaza, M -29' P. O. Box 1988 Santa Ana, CA 92702 Colantuono, Highsmith & Whatley, PC 300 S. Grand Avenue, Suite 2700 Los Angeles, CA 90071 -3137 Main: (213) 542 -5700 FAX: (213) 542 -5710 WWW.CHWLAW.US Re: Proposal to Defend Ruiz v. City of Santa Ana, Orange County Superior Court Case No, 30- 2014- 0073682&CU- MC -CXC Dear Mr. Sandoval: Thank you for the opportunity to propose our services to the City of Santa Ana in defense of Girardi & Keese's class action challenge to the City's amendment of its telephone users tax to clarify its incorporation of the Federal Excise Tax on Telephony (FET). We are well qualified and would be pleased to do so. EXPERTISE. As you know, our firm is the leader in defending California's local governments in class action challenges to revenue measures. We argued the two leading California Supreme Court cases on this issue: Ardon v. City of Los Angeles and McWilliams v. City of Los Angeles and are defending those cases on remand to the trial court. We have advised dozens of California cities on the FET issue and on other telephone tax issues. Indeed, we advised Santa Ana on this issue in 2011. We advised it more recently on its general fund transfer from its utility enterprise funds. Our current telephone tax disputes include defense of some 40 cities in Sipple v. Hayward, a challenge to the application of phone taxes to packages including internet telephony and several challenges to the application of Los Angeles' telephone tax, as well as Ardon and McWilliams. Our current class action case load includes these, as well 138607.1 25H -3 Jose Sandoval, Chief Assistant City Attorney September 26, 2014 Page 2 as water rate disputes involving the Montecito County Water District, the Sipple phone tax case, and water rate cases in Burbank, Glendale and Pasadena. No firm, we believe, has our depth in public revenue law, class action defense, and the City's own telephone tax ordinance. We have a very substantial track record on public revenue litigation, including six cases argued to the California Supreme Court and dozens of cases to every California District Court of Appeal, including Division 3 of the 4th District, which sits in Santa Ana. RESUMES AND RATES. We propose to defend this case with this team: me, Holly Whatley, Charlie LaPlante and Len Aslanian. Resumes for me and Holly and our firm profile are attached. Resumes for all members of our team are available on our website at www.chwlaw.us. Our rates range from $175 per hour for the work of first year attorneys to $475 for our most experienced lawyers. As a courtesy to the City, we will cap our rates for this project at $375. That rate will apply to me and Holly. Charlie's rate is $305 per hour and Len's is $245 per hour, although associate rates are adjusted in January of each year. Paralegal work will be charged at $160 per hour. OTHER ISSUES. We have no conflicts of interest that affect our ability. to represent you effectively in this matter and have the capacity to undertake the City's defense immediately — whether as trial counsel, co- counsel or as. a non - counsel -of- record consultant to your office. Again, thank you for the opportunity to propose our services. If we can provide further information to assist your review of this proposal, please let me know. Very truly yours, Mi hael G. Colantuono MGC:mgc Enclosures (3) Resumes for Michael G. Colantuono and Holly O. Whatley, firm profile 138607.1 25H -4 Michael G. Colantuono Colantuono, Highsmith & Whatley, PC (530) 432.7357 MColantuono @chwlaw. us MichaeL has specialized in municipal law since 1989. He is certified by the California State Bar's board of Legal Specialization as a Specialist in Appellate Law and is also a member of the California Academy of Appellate Lawyers, an association of fewer than 100 of the most distinguished appellate lawyers in California. He has argued five cases in the California Supreme Court and appeared in all six of the California District Courts of Appeal. Michael has expertise in a broad range of areas of concern to local governments in California, including constitutional law, land use regulation, open meetings law, elections law, municipal litigation, conflicts of interest, public utilities, LAFCO issues, and a wide range of public finance issues involving taxes, assessments, fees and charges. Michael is perhaps California's leading expert on the law of local government revenues, handling six cases on that subject in the California Supreme Court since 2004. California Chief Justice Ronald M. George presented him with the 2010 Public Lawyer of the Year Award on behalf of the California State Bar. The Speaker of the California Assembly appointed his as a member of the Board of Trustees of the California Bar, the state agency which regulates the practice of law in California. His fellow Trustees elected him Treasurer of the Bar. Michael currently serves as City Attorney for the Cities of Auburn and Grass Valley and as Agency or General Counsel for the Auburn Urban Development Agency Successor Agency, the Grass Valley Redevelopment Agency Successor Agency, the North Yuba Water District, the Yuba and Calaveras County LAFCOs, the First Five Yuba Commission, the Oak Tree Park and Recreation District, and the Garden Valley, Rough & Ready and Ophir Hill Fire Districts. He previously served as City Attorney of Barstow (1997 - 2004), Calabasas (2003 - 2012), Cudahy (1994 - 1999), La Habra Heights (1994 - 2004), Monrovia (1999- 2002), and Sierra Madre (2004- 2006), as General Counsel to the Barstow (1997 -2004) and Sierra Madre 1274302 25H -5 (2004 -2006) Redevelopment Agencies, and as General Counsel of the Big Bear City Community Services District (1994- 2001). As perhaps the foremost expert on Proposition 218, Michael assisted the Legislative Analyst's Office in the impartial analysis of the measure and co- chaired the committee which drafted what became the Proposition 218 Omnibus Implementation Act of 1997. He also chaired the committees which drafted the League of California Cities' Prop. 218 and 26 Implementation Guides. Michael was elected by his peers to serve as President of the City Attorneys' Department of the League of California Cities in 2003 -2004. Michael was appointed by the Rules Committee of the California State Assembly to the Commission on Local Governance in the 21st Century, The Commission was formed under 1997's A.B. 1484 to study the Cortese -Knox, Hertzberg Local Government Reorganization Act and the bulk of its recommendations became law as Chapter 761 of the Statutes of 2000. Michael graduated magna cum laude from Harvard University (BA 1983) and received his law degree from University of California, Boalt Hall School of Law (JD 1988), graduating first in his class. While in law school, he was an Articles Editor of the California Law Review and became a member of the Order of the Coif upon graduation. Michael was law clerk to the Honorable James R. Browning, Judge of the United States Court of Appeals for the Ninth Circuit, in 1988 - -1989. He taught Administrative Law as an adjunct Professor of Law at the Boalt Hall School of Law at the University of California, Berkeley in 1995 and is a frequent speaker an (I trainer on a wide range of public law topics. Michael comments on local government and municipal finance topics on Twitter ( @MColanwono) and LinkedIn ( Michael Colantuono ). Practice Areas: Appellate Advocacy Complex Litigation I ME P11170 25H -6 • Conflicts of Interest • Constitutional Law • Election Law • Local Agency Formation Commission (LAFCO) Law • Land Use, Planning and CEQA • Public Law • Municipal Revenues (Taxes, Assessments, Fees and Charges) • Public Utilities 127430,2 25H -7 Holly 0, Whatley Colantuono, Highsmith & Whatley, PC (213) 542 -5704 hwhatley @chwlaw.us Holly Whatley is a Shareholder of the firm and serves as the Assistant City Attorney of Sierra Madre and South Pasadena. She was previously City Attorney of La Habra Heights and Assistant City Attorney of Calabasas. She heads the firm's Litigation Department, focusing on public law disputes including post - redevelopment and other municipal finance issues, matters involving Local Agency Formation Commissions (LAFCOs), land use, CEQA, election, public works and employment law disputes. 'Holly has a particular expertise in litigating complex cases in a broad range of areas, including class actions against public agencies. She has represented cities in municipal finance litigation, including writ actions involving multi- million dollar claims. Recent engagements include a constitutional challenge to A.B. 1484, the post - redevelopment legislation now pending in the Third District Court on Appeal on behalf of four cities and their successor agencies, a $10 million per year dispute between Los Angeles County and 47 of its cities regarding property tax administration fees, a multi- million dollar dispute between a telecommunications carrier and over 30 cities regarding telecommunications user taxes, and a $24 million per year dispute between Chevron and the City of Richmond regarding business license taxes, She has ample experience in utility and other rate -making disputes including current matters involving water rates, groundwater augmentation charges, a dispute with Southern California Gas Co. regarding the cost to relocate mains in conjunction with a freeway interchange project, and other municipal revenue disputes. She also has significant experience in land use and election disputes. Holly has also represented state agencies in defending sexual harassment and retaliation claims and defending their employees from civil rights claims. She also has significant expertise in litigation regarding L AFCO law, including suits challenging annexation decisions. Holly leads our Elections Law practice and has litigated many elections disputes, including initiative proposals, ballot argument disputes and the like, including recent writ matters involving a voter- approved measure to increase business license taxes on Richmond manufacturers and an initiative cap on a special property tax to fund a new hospital for the Plumas Hospital District. Education: Holly graduated with a Bachelor of Arts degree cum laude from the University of Texas at Austin in 1988. She received her J.D from the University of 97572.8 25H -8 Texas School of Law in 1992 and joined the California Bar that same year. While in law school, Holly taught legal research and writing to first -year students. Practice Areas: • Municipal Advisory • Public Finance Law • Post - Redevelopment • Public Law • Employment Law 97572.8 • Land Use / CEQA • Election Law • LAFCO Law • Class Action Defense • Complex Litigation • Intellectual Property 25H -9 COLANTUONO, HIGHSMITH Sr WHATLEY, PC Firm Profile (213) 542 -5700 (530) 432 -7357 info@chwlaw.us Colantuono, Highsmith & Whatley is a municipal law firm with offices in Los Angeles and outside Grass Valley in the Sierra Foothills that represents public and private clients throughout California in municipal law, including public revenues, land use, elections, labor and employment, post - redevelopment, housing, the California Environmental Quality Act (CEQA), the Cortese -Knox- Hertzberg Act regarding Local Agency Formation Commissions, sex offender and marijuana regulation and associated public safety topics, and associated litigation. Our core commitment is to provide advice our clients find helpful, understandable, and fairly priced. The firm was recognized as one of California's Top Ranked Law Firms by Martindale - Hubbell in 2014 and Michael Colantuono, Terri Highsmith, Jenni Pancake, Michael Allderdice and Scott Howard have each achieved the highest AV rating from Martindale - Hubbell. Michael (2011— present) and Holly Whatley (2013) have been listed as among the Top Municipal Lawyers in California by the Daily Journal newspaper. Michael was awarded the 2010 Public Lawyer of the Year Award by the California State Bar, is a former President of the City Attorneys Department of the League of California Cities, Treasurer of the State Bar, and a member of the California Academy of Appellate Lawyers —a prestigious organization of fewer than 100 of the most respected appellate advocates in our State. Michael is also a Certified Appellate Specialist by the California State Bar's Board of Legal Specialization. Our firm includes California's leading experts on local government revenues, including Propositions 13, 62, 218 and 26 and our attorneys have argued six government revenue cases to the California Supreme Court in the past decade: Richmond v. Shasta CSD (2004), Bonander v. Town of Tiburon (2009), Greene v. Marin County Flood Control & Water Conservation District (2010), Arden v. City of Los Angeles (2011), Alhambra & 46 Other Cities v. County of Los Angeles (2012) and McWilliams v. City of Long Beach (2013). Our litigators have broad experience in public- sector litigation and such private- sector topics as general commercial litigation, employment law, and unfair competition. We have especially deep experience in 40841.27 25H -10 telephone tax litigation, including a current matter in which we are lead counsel in a case involving all 135 California local governments which tax telephony, and in class action challenges to local government revenue measures of all types, The firm serves as general counsel or city attorney of the cities of Auburn, Barstow, Calabasas, Grass Valley, Lakeport, Sierra Madre, and South Pasadena, the Successor Agencies to the Auburn, Barstow, Sierra Madre and South Pasadena Redevelopment Agencies, to Oversight Boards for Successor Agencies in Pomona, Rialto, San Gabriel and Temple City, the Carden Valley, Ophir Hill and Rough & Ready Fire Districts, the Orangeline Development Authority, the SELACO Workforce Investment Board, the Calaveras & Yuba County LAFCOs, the North Yuba Water District, the Oak Tree Park and Recreation District and the First Five Yuba Commission. The firm serves as special counsel to local governments throughout California. Present and recent clients include the cities of Anaheim, Belmont, Berkeley, Brentwood, Burbank, Cerritos, Chula Vista, Concord, Culver City, Cupertino, Fremont, Fresno, Glendale, Huntington Beach, Lakewood, Lathrop, Livermore, Lodi, Long Beach, Los Angeles, Monterey, Morgan Hill, Mountain View, Newport Beach, Oakland, Oxnard, Pacific Grove, Palo Alto, Paramount, Pasadena, Pico Rivera, Redding, Redondo Beach, Rialto, Richmond, Riverside, Salinas, San Juan Capistrano, San Diego, San Luis Obispo, San Mateo, Santa Ana, Santa Clara, Santa Fe Springs, Santa Maria, Santa Rosa, Sausalito, Simi Valley, South Lake Tahoe, Sunnyvale, Torrance, Tracy, Tulare, Vallejo, Ventura, Vernon, and Vista; the counties of Marin, Mariposa, Riverside, San Benito and Solano; the Goleta Water District, the Montecito Water District, the Newhall Water District, the San Diego County Water Authority, the Pajaro Valley Water Management Agency and the Monterey Peninsula Water Management Agency; Monterey Regional Water Pollution Control Authority and the Goleta West Sanitary District; the McKinleyville and Santa Lucia Community Services Districts; the Plumas Hospital District; the Los Angeles and San Diego Tourism Marketing District Corporations and the Calaveras, Orange, San Bernardino, San Diego, San Luis Obispo and Yolo County LAPCos. The firm recently completed a high - profile assignment for the County of Orange and has previously represented the cities of Irvine, San Bernardino, San Francisco, and San Jose. Please visit our website at www.chwlaw.us for more information. 40 &4127 25H -11 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this th day of October, 2014, by and California between Colantuono, Highsmith & Whatley, PC, a Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of public entity finance issues, specifically, User Utilities Tax, and Class Action litigation defense and desire to undertake said services. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rate of $375 an hour for Michael G. Colantuono and Holly O. Whatley, $305 an hour for Charlie LaPlante and $245 an hour for Len Aslanian in attorney billing. Paralegal work will be charged at $160 an hour. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). 1 25H -12 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, Director of Personnel, and anyone other person(s) designated by the City informed of significant events in the litigation, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre -trial report 90 days before trial; 6. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years from said commencement date, unless terminated earlier pursuant to Section 13 below. The tern of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own 2 25H -13 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Michael G. Colantuono, Esq. Colantuono, Highsmith & Whatley, PC 300 S. Grand Avenue, Suite 2700 Los Angeles, California 90071 -3137 Facsimile: (213) 542 -5710 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on 3 25H -14 the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any 4 25H -15 action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA David Cavazos City Manager COLANTUONO, HIGHSMITH & WHATLEY, PC By: Name: Michael G. Colantuono Title: Partner Tax ID No. 5 25H -16 REQUEST FOR e '' COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO, 2014 -22 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M., AND CONDITIONAL USE PERMIT 2014 -23 TO ALLOW A BANQUET USE AT EAT CHOW RESTAURANT LOCATED AT 313 NORTH BUSH STREET - BRIAN MCREYNOLDS, APPLICANT (STRATEGIC PLAN NO. 3,;) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Uji-1097=1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18` Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 conditioned, and Conditional Use Permit No. 2014 -23 as conditioned. PLANNING COMMISSION ACTION On September 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2014 -21 to allow a Type 47 ABC license in order to sell beer, wine and distilled spirits for on- premise consumption, Conditional Use Permit No. 2014 -22 as conditioned to allow business operations until 2:00 a.m., and Conditional Use Permit No. 2014 -23 as conditioned to allow a banquet use by a vote of 7:0 for the Eat Chow Restaurant located at 313 North Bush Street in the Transit Zoning - Downtown (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Brian McReynolds, the applicant, is applying for a CUP to allow a Type 47 ABC license for his restaurant, Eat Chow. He is also applying for a CUP to allow the restaurant to remain open until 2:00 a.m., and a CUP for a banquet use. Eat Chow will be a full- service, independently owned restaurant that will serve appetizer plates, burgers and hot/cold sandwiches, along with a variety of entrees including tacos, salads, and fish /chicken. There are two existing Eat Chow locations in Newport Beach and Costa Mesa. Full -sized plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 October 7, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Objective No. 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. ei -,, -ate Karen Haluza Interim Executive Director Planning & Building Agency HS:rb hs: EalChcW /C UP 14.21,22,23.cc Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST SEPTEMBER 8, 2014 TITLE: PUBLIC HEARING — FILED BY BRIAN MGREYNOLDS FOR CONDITIONAL USE PERMIT NO. 2014-21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-22 TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT 2014 -23 TO ALLOW A BANQUET USE AT EAT CHOW RESTAURANT LOCATED AT 313 NORTH BUSH STREET Prepared by Hally Saboleske PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 2. Adopt a resolution approving Conditional Use Permit Ito. 2014 -22 as conditioned to allow business operations until 2:00 a.m. 3. Adopt a resolution approving Conditional Use Permit No. 2014 -23 as conditioned to allow a banquet use. DISCUSSION Request of Applicant Brian McReynolds, proprietor for Eat Chow restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits at a new restaurant, Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), The applicant is also requesting approval of a CUP to allow business operations until 2:00 a.m. per Section 41 -2007 of the SAMC and to allow a banquet use pursuant to Section 41 -2008 of the SAMC. Proiect Location and Site Description The Eat Chow restaurant is proposed to be located within the historic Hervey - Finley Block Building located at the southeast corner of Bush and Fourth Streets. The lot is approximately 9,718 square feet in size and is developed with a two -story 6,000 square foot commercial building. The suite this 179. F__TFd l 31A-3 CUP Nos. 2014-21, 2014 -22 & 2014-23 September 8, 2014 Page 2 restaurant proposes to occupy is 2,200 square feet In size and is on the ground floor. The Hervey- Finley Block Building was placed on the Santa Ana Register of Historical Properties in 2001 as a Landmark structure. Eat Chow Restaurant is proposed to be located immediately north of the city owned public surface parking lot that serves the East End Promenade. Surrounding land uses include commercialloffice to the north, south, east and west (Exhibits 1, 2, 3 and 4). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity Indicates there are currently 12 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 12 ABC licenses include three Type 41 licenses, (on -sale beer and wine), six Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42 license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled spirits); and one Type 23 license (brewery). However, this information does not affect the analysis or recommendation contained in this report. Project Description The Eat Chow restaurant proposes to occupy a 2,200 square foot suite on the ground floor of the Hervey - Finely Block Building. The building has traditionally contained a mixture of commercial uses, including retail, office and service uses. The use that previously occupied the subject tenant space was a beauty salon and it will be relocated to another tenant space. Other tenants such as Blends retail and offices on the upper floor will continue to occupy other spaces within the building. In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine and distilled spirits to patrons at the restaurant. The restaurant will be a full service, sit -down eating establishment that will hold approximately 12 seats within its 905 square foot dining room plus approximately 10 more at the bar. Outdoor seating is proposed immediately south of the suite, adjacent to the alley between the building and City -owned parking lot and will accommodate approximately 29 diners. The Eat Chow restaurant will serve appetizer plates, burgers and hot /cold sandwiches, along with a variety of entrees including tacos, salads, and fish /chicken. The on- premise sale of alcoholic beverages to customers is Intended to provide a service ancillary to the primary restaurant use. (Overall alcohol storage and display areas will contain approximately 97 square feet, which is less than five percent of the floor area and is consistent with theCAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 6 and 6). The proposed hours of operation for the restaurant are from 7 :00 a.m. to 2 :00 a.m. seven days a week. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. 31A-4 CUP Nos.. 2014 -21, 2014-22 & 2014 -23 September 8, 2014 Page 3 Prioiect Backaround The Hervey Finley Block Building was constructed in the Italian Renaissance style in 1899 at a time when the use of masonry was popular. The building has been occupied by a variety of retail businesses and office uses on the upper floors and was previously occupied by a beauty salon on the ground floor, The Eat Chow restaurant will be an independently owned restaurant that serves breakfast, lunch, and dinner, There are two existing Eat Chow locations in Newport Beach and Costa Mesa. They feature hot and cold sandwiches, hot entrees, along with salads and desserts. General Plain and Zoning Gansistengy The General Plan land use designation for the site is District Center (DC). District Center areas are designed to serve as anchors for the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character including a mix of office, commercial and residential land uses including other restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development No, 84 (SD -84). The SD- 84 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. 31A-5 CUP Nos. 2014-21, 20194-22 & 2014 -23 September 8, 2014 Page 4 If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Conditional Use Permit No, 2014 -21 T Type 47 ABC license: The Eat Chow restaurant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food, This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will primarily occur within the premises and is incidental to an established bona fide eating establishment use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer full alcoholic beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the Downtown area. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code (Exhibit 7). The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license, Additionally, the restaurant will utilize Jess than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 31A-6 CUP Nos. 2014 -21, 2014 -22 & 2014-23 September 8, 2014 Page 5 The proposed use will not adversely affect the General Plan. Policy 1,8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the Eat Chow restaurant will provide additional dining and retail uses within the Downtown, which is a primary commercial area of the city. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes a new food establishment in the downtown area. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the Eat Chow restaurant proposes to offer a family friendly environment. Operational standards for the proposed Type 47 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. Conditional Use Permit No. 2014 -22 —After Hours Operation: Santa Ana Municipal Code (SAMC) Section 41 -2007 (Table 2A) requires a conditional use permit for any eating establishment with hours of operation between 12:00 am. and 7 :00 a.m, The proposed hours of operation for Eat Chow are 7:00 am. to 2;00 a.m., seven days a week, which are consistent with the operating hours of other downtown restaurants. The Eat Chow restaurant proposes to be open for breakfast, lunch and dinner. The proposed after -hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:40 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food- related amenity. The after -hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after -hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed after -hours operation is consistent with other restaurants operating in the downtown, and provides additional food choices for local residents and visitors. The after, hours operation will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the after -hours dining will occur within the premises and will not create adverse impacts. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer after -hours meals to their patrons. Moreover, the late night hours allows the restaurant to remain economically viable and 31A-7 CUP Nos, 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 6 contributes to the overall success of the downtown area in which it is located; helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. The after-hours operation will contribute to the success of downtown by widening the time frame that food service is available thereby encouraging customers to stay longer in the area. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant open after 12.110 midnight pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2;2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant which operates after hours will provide a dining service to the residents of Santa Ana. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval, in conjunction with the operational standards for the proposed Type 47 ABC license will help maintain a safe and attractive environment in Santa Ana, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with after hours operations provides a dining service to the residents of Santa Ana. Conditional Use Permit No. 2014 -23 - Banquet facility. The Eat Chow restaurant also proposes to operate an ancillary banquet facility, which would allow it to be closed to the general public for private events. The intent is to operate a full service restaurant; however, private events may be allowed on certain occasions. Perthe SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every 100 persons in attendance per event. As proposed, the project meets or exceeds the standards for a banquet use. The allowance of a banquet facility at the restaurant will be consistent with several downtown restaurants and will result in a restaurant that maintains a stronger economic viability due tothe ability to host private events. The proposed banquet facility permit will provide an ancillary service to the restaurant and their customers by providing a viable space to host special functions and private parties. This will benefit the community by providing a restaurant with an additional and complementary food - related amenity within the downtown area. Conditions have been placed on the CUP that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community; 31A-8 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 7 The proposed banquet facility permit at this location will not be detrimental to persons residing or working In the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, a banquet facility at this location will provide an ancillary service to the community, and will occur within the premises and is incidental to the primary restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer a banquet facility for special events and private parties. Moreover, the banquet use will allow the restaurant to remain economically viable and contributes to the overall success of the downtown area in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating a banquet use pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with a banquet facility will provide an additional dining service to the residents of Santa Ana. Policy 2,9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license, in conjunction with conditions of approval for the banquet use; will maintain a safe and attractive environment in Downtown Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary banquet use provides a dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape; robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-9 CUP Nos. 2014 -21; 2014 -22 & 2014 -23 September 8, 2014 Page 8 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police department will consider this information in making its recommendation. The project at 313 North Bush Street is located in Reporting District No. 155. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAIVIC that will address any concerns. Public Notification The project site is located within the boundaries of the Downtown Business Association and the Lacy Neighborhood Association, and is within the Downtown National Register Historic District. Staff contacted the president of the Downtown Business Association and the Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Tish Leon, the Downtown Business Association wished the business much success, and Jose Leaf the Lacy Neighborhood president did not have any concerns at this time. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -39 will be filed for this project, 31A -10 CUP Nos. 2014 -21, 2014 -22 & 2014 -23 September 8, 2014 Page 9 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 as conditioned and Conditional Use Permit No. 2014 -23 as conditioned. Hally Sob site Associate fanner HS:jm hs:Eat0how /CUP14- 21,22,23:pc Attachments: Exhibit 1 Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) Exhibit 4 — Site Photo (rear of the building) Exhibit 5 - Floor Plan Exhibit 6 —Site Plan Exhibit 7 Operational Standards for On -Sale Establishments 31A-1 1 SEVENTEENTH p'i rii� L�G1 CS R Rl Ri ii Fil R3 R$. R3 sr. Iws $P 13 SEVENTEENTH SPA a ILL �g ;A Xbll Xhrt AX � Se s N R2 M11 A2 R3 'aX Xq L N !,p Rt ; Rt RI R1 a ftt R2 F RB- R3 0 uml xon VS' R3- a 5P flAll -3 'I 6R3 3Pd 5P1 Wo uet Xe y5P3 a w El @1 R1 el nr. 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COMMERCNUMU5EUMOISIRICT M2 HEAVYINDUSTRIAL SD SPECIFIC DEVELOPMENT E2 GENERALLOMMERCIAL 0 OPENSPACE 5P SPEcTICPLAN C4 PLANNED SHDPPING CENTER P PROFESSIONAL TV TRANSITVILLAGE CS ARTERIALCOMMERCIAL PRO PLANNED RESIDENTIAL DEVELOPMENT UC URBANCENFER CDR CORRIDOR H SINGLORAMILY RESIDENCE UNA URBAN NEIGHBORHOOD I CH COMMERCIALRESIDENTIAL ON-2 URBAN NEIGHBORHOOD CUP 2014 -21, 22 & 23 EAT CHOW RESTAURANT^ 313 NORTH BUSH STREET Y - =4DpD fEF[ P L A N N I N 6 A N -D " g N ._L.V..L D _I__ N...7 _.�_ -..A C'-'- _ EXHIBIT 1 _ VICINITY MAP 31A -12 5TH 4TH C 0 m M C I 3RD r- w w H vi S m V, I I C 0 M M� R C 11 A L COMMERCIAL. STREET C O M M E R C I A L O ua l7 cr n a C O M M E R C I A L Ln STREET STREET C O M M E R C I A L CUP 2014-21,22 & 23 9 EAT CHOW RESTAURANT 313 NORTH BUSH STREET All P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -13 PHOTO OF 313 NORTH BUSH STREET FRONT OF THE BUILDING EXHIBIT 3 31A -14 PHOTO OF 313 NORTH BUSH STREET REAR OF THE BUILDING EXHIBIT 4 31A-15 1 I t I ( I T I I 1 L� 31A -16 M § 4j emx } " "—mamytm y]i.�j gass f]$'e — eKx etv _ 5 "x�c q � § rmnmrr g wx U L vN — _ � u z r a a O WALL LEGEND _ �R 1=04 I ��� 16(INtl 4NY \\ p Epp Al +-- MCII�IAN pIx0p9J � a d. /E4 PBdPPSEd #� bN�N� B AP2 31A -16 1 I I I I I I I I I I i i i I�I L� :u FAIIRtH flPEEj PrgOCleYlnllury iv;= gE• 1 rc 061 Alllllll FlXE.fl A-1 EXHIBIT 6 31A -17 Sec. 41 -196, Establishments selling alcoholic beverages. Operational standards for ran -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day, Full and complete meals must be served whenever the privileges of the on -sale license are being exercised: 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8.00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4, It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times- that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification moans or device for all purchases of alcoholic beverages, Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older, 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 7 1 of 4 31A -18 6. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses, Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11, There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one" or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved In a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 fleet from the exterior of the premises in any direction. 15. Neither the applicant; nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2 of 4 31A -19 19� Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article 11, Division 8 of the Santa Ana Municipal Code (Building Security Ordinance), These code conditions will require that the existing project lighting; door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with, 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 21 The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items; a. Procedures for handling obviously intoxicated persons, The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting,, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, (eased, rented or used under agreement by the Licensees). d, Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limitipotential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity, g. Procedures for management of queuing lines. h: The location and description of any video games proposed to be on the premises. 3of4 31A-20 24, The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation, If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required, permits and approvals from the Public Works Agency, 25, Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross flour area of the licensed establishment,. 4of4 31A-21 ROH - 09/08/14 I:0100111LI ][ r 0i.1a1.xz111 EA,Rex A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-22 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION, AND CONDITIONAL USE PERMIT NO. 2014 -23 AS CONDITIONED TO ALLOW A BANQUET USE, FOR THE PROPERTY LOCATED AT 313 NORTH BUSH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Conditional Use Permit No. 2014 -21 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 2014 -22 to allow after -hours operations until 2:00 a.m., and Conditional Use Permit No. 2014 -23 to allow a banquet use, for the property located at 313 North Bush Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 8, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22, and Conditional Use Permit No. 2014 -23. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -21 to allow for a Type 47 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide a beneficial service that will help the Downtown area become a destination point. Conditions have been placed on the Resolution No. 2014 -33 Page 1 of 8 31A-22 alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for a restaurant at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. Additionally, the use will serve both visitors and the local and regional business community. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Moreover, the offering of various food offerings allows the city to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A variety of restaurants in Downtown Santa Ana contributes to the economic success of the city as a retail and dining destination. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been Resolution No. 2014 -33 Page 2 of 8 31A-23 established for Conditional Use Permit No. 2014 -22 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Eat Chow restaurant would like the ability to be open until 2:00 a.m. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the Downtown area become a destination point. Conditions have been placed on the after -hours operations that will mitigate any potential impacts created by the use and ensure that the use will not adversely affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after -hours operations for a restaurant at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community. The outdoor patio is on the southern portion of the building, farther away from the multi - family development. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Moreover, the offering of various food offerings allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant operating after 12:00 midnight. Resolution No. 2014 -33 Page 3 of 8 31A-24 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that is open past midnight contributes to the economic success of the city as a shopping and dining destination. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operation standards for the proposed Type 47 ABC license will maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2013 -23 to allow a banquet use: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed restaurant may close to the general public all or a portion of the restaurant to allow for a banquet use. This will allow the restaurant to be used by the local community for private events and functions. This will allow the restaurant to remain competitive with other restaurants in the area, and will help the area become a destination point. Conditions have been placed on the banquet operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed banquet use at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the restaurant operations that will mitigate any potential negative or Resolution No. 2014 -33 Page 4 of 8 31A-25 adverse impacts created by the use. Additionally, the restaurant will serve both visitors and the local and regional business community with emphasis on local service. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not negatively affect the economic stability of the area, but will instead allow local businesses and the downtown area to become a destination area. Further, offering of various types of services and land uses is needed to create an active downtown for local patrons and visitors. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a banquet hall. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's varied needs for goods and services. A restaurant that offers the potential for private parties and banquets provides an essential service for local patrons and regional visitors including the business community. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed Last Eat Chow restaurant will be located in a commercial corridor and is compatible with surrounding land uses. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -39 will be filed for this project. Resolution No. 2014 -33 Page 5 of 8 31A-26 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -21, Conditional Use Permit No. 2014 -22 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 2014 -23 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of September, 2014 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31A-27 Resolution No. 2014 -33 Page 6 of 8 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -22 (After -Hours Operation) Conditional Use Permit No. 2014 -22 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC) Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. There shall be no amplified sound used outside the building 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -33 Page 7 of 8 31A-28 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2014 -23 (Banquet Use) Conditional Use Permit No. 2014 -23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 4. There shall be no amplified sound used outside the building. 5. A Trash Program and submittal of a notarized and recorded Reciprocal Trash Agreement shall be provided prior to issuance of a Certificate of Occupancy. 6. Sign permits (both permanent and temporary) are under separate submittal. 7. Special events are subject to a Land Use Certificate where such activities will take place outside of the restaurant building. Resolution No. 2014 -33 Page 8 of 8 31A-29 31A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: ORDINANCE AND RESOLUTION RELATING TO CITY COUNCIL MEETING SCHEDULE AND ORDER OF BUSINESS AT COUNCIL MEETINGS — RULES OF DECORUM (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rG1 :109TL ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Sections 2 -104 and adding sections 2 -110 and 2 -111 of the Santa Ana Municipal Code relating to rules of decorum. Adopt a resolution establishing the time and place of regular City Council meetings. DISCUSSION On February 4, 2008, the City Council established rules and procedures for meetings of the City Council by adopting Ordinance No. NS -2762 and Resolution No. 2008 -010. Since then, the resolution was amended August 3, 2009, September 19, 2011, June 18, 2012, and May 6, 2013 to change meeting start time and include elements necessary to maintain decorum. The attached resolution revises the Closed Session start time to 4:30 p.m. and the Regular Open Session to 5:15 p.m. The proposed ordinance provides the Council with more flexibility in conducting its regular Council meetings by streamlining some procedures for public comment in compliance with state law while continuing to ensure that the business of the City is carried out effectively. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 50A -1 Amending City Council meeting time and rules of decorum Page 2 of 2 October 7, 2014 FISCAL IMPACT There is no fiscal impact associated with this item. Attachments 1. Ordinance (strikeout version) 2. Ordinance (clean copy) 3. Resolution 50A -2 EXHIBIT 1 ORDINANCE (STRIKE OUT VERSION) y 1 J (jxs 10/07114) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2- 104 AND ADDING SECTIONS 2 -111 AND 2 -112 TO THE SANTA ANA MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS RULES OF DECORUM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Section 409 of the City Charter and Sections 2 -100 et seq. of the Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council. B. The Ralph M. Brown Act found at Government Code Section 54950 et seq. ( the "Brown Act ") sets forth statewide standards for meetings of local agencies including the City of Santa Ana City Council. C. The City Council's duty is to serve the public, reaching its decisions in full view of the public. D. The City Council, appointed legislative bodies, and other city officials exist to conduct the People's business. E. An informed public is essential to democracy. It is the goal and intent of this ordinance that citizens of Santa Ana have opportunities to address the City Council prior to decisions being made and the ability to attend and participate in the People's business in an efficient manner and without disruption. F. The City Council recognizes that City Council meetings, where the public is afforded the opportunity to address the Council, are the focus of highly important individual and governmental interests. Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city and that speech cannot be limited simply because one does not agree with the content. However, speakers are subject to restriction only when their speech "disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting." Ordinance No. NS -XXX 50A-4 Page 1 of 8 G. The City Council reaffirms its commitment to the purpose of the Brown Act that "all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency." SECTION 2. Section 2 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined): Sec. 2 -104. Rules of procedure; decorum and order. (a) The city council shall, by resolution or ordinance, adopt a reference for rules of procedure. (b) The city council shall, by resolution or ordinance, adopt rules of decorum and order for its meetings. Such rules shall include time limits and other standards for debate and discussion by the city council and for the public's addressing the city council. (c) The presiding officer shall have the duty of maintaining order at all times and may direct that any person disturbing the meeting, speaking without permission, violating the city council's rules of decorum and order, or otherwise acting in a disorderly manner, be removed from the place of meeting, and any peace officer present shall carry out such order. No person shall violate the order and decorum of a council meeting, speak without permission, or do anything which may interfere with the effective deliberation of the council. Any violation of this provision is declared to be a misdemeanor and any person violating the same may be prosecuted on a complaint signed by the presiding officer or any person acting under his direction. Any peace officer present in the council chambers or place of meeting shall arrest any person violating this provision if ordered so to do by the presiding officer or by a vote of the council. SECTION 3. Section 2 -111 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -111. Decorum; Time Limits and other rules for speaking. (a) The city council shall preserve decorum and an orderly procedure during debate. Council members desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a council member shall confine his or her comments to the questions under debate, avoiding personal attacks and undignified language. A council member, once recognized, should not be interrupted unless a point of order is raised by another member. If a council member is called to order while speaking said council member shall stop speaking until the question of order is determined. The Ordinance No. NS -XXX Page 2 of 8 50A-5 presiding officer should not recognize a council member to speak who has already spoken on a matter under debate until all other council members who wish to be heard have spoken. A council member should limit himself or herself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each council member who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the city council shall provide members of the public the opportunity to address the city council on agendized matters and non - agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing and submitted to the clerk of the council. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special and emergency meetings of the city council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (i) address the city council on any and all matters contained on the city council agenda as well as the agendas of any of the City's related entities, such as the housing authority, if those agencies have meetings scheduled at the same time, and /or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. (d) For public hearings, members of the public shall be given three (3) minutes to address the city council for each duly noticed hearing, unless continued prior to taking testimony. This time limitation shall not apply to the applicant/appellant and /or their representative(s) whose matter is the subject of the public hearing. Applicants shall limit their presentations to a reasonable period of time, subject to the discretion of the presiding officer. The presiding officer in his or her sound discretion may without a vote of the council determine the order of presentation and the time limit for speakers. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state name and address for the record, and identify the matter by agenda designation (if applicable) and direct remarks to the city council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer, without a vote of the council, to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public Ordinance No. NS -XXX 50A -6 Page 3 of 8 interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the council, if a group of people seeks to address the council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the city council. (g) The primary purpose of oral communications is to allow the public the opportunity to formally communicate with the city council as a whole, for matters that cannot be handled during the regular working hours of the city government. Each person who addresses the city council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the city council, city staff or the general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, at the discretion of the presiding officer or upon a vote of the Council be barred from speaking further and may be ejected from the meeting. The following rules shall apply to all persons addressing the city council: 1. Direct all testimony to the city council or the presiding officer and not the individual council members, 2. No person shall address or question a city council member, the City Attorney, the City Manager, the Clerk of the Council or other official without the prior consent of the presiding officer, 3. When speaking on agenda matters, limit comments to the agenda item(s), 4. When speaking on non - agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and 5. Refrain from profane language, racial epitaphs, libelous or slanderous statements that disturb the decorum of the meeting. (h) No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, applauding, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who repeatedly conducts himself in the aforementioned manner following a warning from the presiding officer Ordinance No. NS -XXX Page 4 of 8 50A -7 may, at the discretion of the presiding officer, be ejected from the meeting. Further disturbance during the meeting may lead to arrest. (i) Members of the public may bring signs or placards into the city council chamber during a meeting provided that such signs or placards are limited to the last row of the City Council Chambers or those persons are standing along the back of the walls of the council chambers. For public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in the meeting rooms. Other signs, placards, banners, etc. shall not disrupt meetings or interfere with others' visual rights. Such signs or placards may be displayed or distributed outside the building or in the City Hall lobby so long as they do not disrupt the meeting. Handouts or printed materials may be distributed in the city council chamber prior to the council meeting or in the lobby outside the city council chamber. Q) Food prohibited. No food shall be permitted in the city council chamber. (k) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode, quite mode or be turned off while a meeting is in session. Council members shall make every effort to minimize use of personal cell phones while in session. (1) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth herein in order to ensure that the People's business is run in an efficient manner, that meetings are held without disturbance. Among the means of enforcement, the presiding officer may order the podium microphone turned off and /or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (m) Enforcement of Decorum. The rules of decorum shall be enforced in the following manner: 1. Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting of the Council to remove that person from the Council chambers. Ordinance No. NS -XXX 50A -8 Page 5 of 8 2. Removal. Any law enforcement officer who is assigned to the council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the law enforcement officer to remove from the council meeting any person who is disturbing the proceedings of the council. 3. Resisting Removal. Any person who resists removal by the law enforcement officer shall be charged with a violation of this section. 4. Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor. (n) Motion to Enforce. If the presiding officer fails to enforce the rules of decorum, any member of the council may move to require him or her to do so, and an affirmative vote of a majority of the council shall require him or her to do so. If the presiding officer fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of decorum which it wishes to enforce. (o) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the council, and any remaining council business may be considered at the next meeting. SECTION 4. Section 2 -112 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -112. Application of Rules of Decorum The provisions relating to the conduct of meetings and rules of decorum contained in Chapter 2 of the Santa Ana Municipal Code apply to meetings of all committees of the city council as well as all boards and commissions of the City of Santa Ana. SECTION 5. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. 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 Ordinance No. NS -XXX Page 6 of 8 50A-9 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Ordinance No. NS -XXX 50A -1 0 Page 7 of 8 Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX Page 8 of 8 50A -11 EXHIBIT 2 ORDINANCE (CLEAN COPY) 50A -12 (jxs 10/07/14) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2- 104 AND ADDING SECTIONS 2 -111 AND 2 -112 TO THE SANTA ANA MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS RULES OF DECORUM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Section 409 of the City Charter and Sections 2 -100 et seq. of the Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council. B. The Ralph M. Brown Act found at Government Code Section 54950 et seq. ( the "Brown Act ") sets forth statewide standards for meetings of local agencies including the City of Santa Ana City Council. C. The City Council's duty is to serve the public, reaching its decisions in full view of the public. D. The City Council, appointed legislative bodies, and other city officials exist to conduct the People's business. E. An informed public is essential to democracy. It is the goal and intent of this ordinance that citizens of Santa Ana have opportunities to address the City Council prior to decisions being made and the ability to attend and participate in the People's business in an efficient manner and without disruption. F. The City Council recognizes that City Council meetings, where the public is afforded the opportunity to address the Council, are the focus of highly important individual and governmental interests. Citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city and that speech cannot be limited simply because one does not agree with the content. However, speakers are subject to restriction only when their speech "disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting." Ordinance No. NS -XXX 50A -1 3 Page 1 of 7 G. The City Council reaffirms its commitment to the purpose of the Brown Act that "all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency." SECTION 2. Section 2 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined): Sec. 2 -104. Rules of procedure; decorum and order. (a) The city council shall, by resolution or ordinance, adopt a reference for rules of procedure. (b) The city council shall, by resolution or ordinance, adopt rules of decorum and order for its meetings. Such rules shall include time limits and other standards for debate and discussion by the city council and for the public's addressing the city council. (c) The presiding officer shall have the duty of maintaining order at all times and may direct that any person disturbing the meeting, speaking without permission, violating the city council's rules of decorum and order, or otherwise acting in a disorderly manner, be removed from the place of meeting, and any peace officer present shall carry out such order. No person shall violate the order and decorum of a council meeting, speak without permission, or do anything which may interfere with the effective deliberation of the council. Any violation of this provision is declared to be a misdemeanor and any person violating the same may be prosecuted on a complaint signed by the presiding officer or any person acting under his direction. Any peace officer present in the council chambers or place of meeting shall arrest any person violating this provision if ordered so to do by the presiding officer or by a vote of the council. SECTION 3. Section 2 -111 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -111. Decorum; Time Limits and other rules for speaking. (a) The city council shall preserve decorum and an orderly procedure during debate. Council members desiring to speak shall seek recognition from the presiding officer. Upon being recognized, a council member shall confine his or her comments to the questions under debate, avoiding personal attacks and undignified language. A council member, once recognized, should not be interrupted unless a point of order is raised by another member. If a council member is called to order while speaking said council member shall stop speaking until the question of order is determined. The Ordinance No. NS -XXX Page 2 of 7 50A-14 presiding officer should not recognize a council member to speak who has already spoken on a matter under debate until all other council members who wish to be heard have spoken. A council member should limit himself or herself to three (3) minutes at any one time without permission of the presiding officer. At the end of each meeting, the presiding officer shall recognize each council member who may speak up to three (3) minutes on matters of public or community interest. (b) The agenda for all regular meetings of the city council shall provide members of the public the opportunity to address the city council on agendized matters and non - agendized matters as required by the Brown Act. All requests to speak shall be submitted in writing and submitted to the clerk of the council. No such requests shall be accepted after the public comment session begins without permission of the presiding officer. The agendas for adjourned, special and emergency meetings of the city council shall provide for public comment as provided in the Brown Act. (c) Subject to (d) below, members of the public shall be given a total of three (3) minutes to: (1) address the city council on any and all matters contained on the city council agenda as well as the agendas of any of the City's related entities, such as the housing authority, if those agencies have meetings scheduled at the same time, and /or (ii) address any matters of public interest provided that they are within the jurisdiction or official business of the City of Santa Ana. (d) For public hearings, members of the public shall be given three (3) minutes to address the city council for each duly noticed hearing, unless continued prior to taking testimony. This time limitation shall not apply to the applicant/appellant and /or their representative(s) whose matter is the subject of the public hearing. Applicants shall limit their presentations to a reasonable period of time, subject to the discretion of the presiding officer. The presiding officer in his or her sound discretion may without a vote of the council determine the order of presentation and the time limit for speakers. (e) Upon being recognized by the presiding officer, a speaker should step to the designated speaker location, state name and address for the record, and identify the matter by agenda designation (if applicable) and direct remarks to the city council as a body and not to any individual member thereof. A speaker shall not be denied an opportunity to speak if they do not wish to state their name and address for the record. No person other than members of the council and the person having the floor may be permitted to enter into the discussion without permission of the presiding officer. (f) It shall be within the sound discretion of the presiding officer, without a vote of the council, to set a maximum time for public comment. In setting any limit, the presiding officer shall take into consideration the level of public Ordinance No. NS -XXX 50A -1 5 Page 3 of 7 interest in the matters in question, the length of the meeting and the need to provide for an orderly and effective meeting. As a means of limiting time while maximizing the public's opportunity to address the council, if a group of people seeks to address the council on the same matter or topic, the presiding officer may direct the group to designate a spokesperson or limited number of speakers to address the city council. (g) The primary purpose of oral communications is to allow the public the opportunity to formally communicate with the city council as a whole, for matters that cannot be handled during the regular working hours of the city government. Each person who addresses the city council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the city council, city staff or the general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, at the discretion of the presiding officer be barred from speaking further and may be ejected from the meeting. The following rules shall apply to all persons addressing the city council: 1. Direct all testimony to the city council or the presiding officer and not the individual council members, 2. No person shall address or question a city council member, the City Attorney, the City Manager, the Clerk of the Council or other official without the prior consent of the presiding officer, 3. When speaking on agenda matters, limit comments to the agenda item(s), 4. When speaking on non - agenda matters, limit comments to matters within the jurisdiction or official business of the City of Santa Ana, and 5. Refrain from profane language, racial epitaphs, libelous or slanderous statements that disturb the decorum of the meeting. (h) No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, applauding, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who repeatedly conducts himself in the aforementioned manner following a warning from the presiding officer Ordinance No. NS -XXX Page 4 of 7 50A -1 6 may, at the discretion of the presiding officer, be ejected from the meeting. Further disturbance during the meeting may lead to arrest. (i) Members of the public may bring signs or placards into the city council chamber during a meeting provided that such signs or placards are limited to the last row of the City Council Chambers or those persons are standing along the back of the walls of the council chambers. For public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in the meeting rooms. Other signs, placards, banners, etc. shall not disrupt meetings or interfere with others' visual rights. Such signs or placards may be displayed or distributed outside the building or in the City Hall lobby so long as they do not disrupt the meeting. Handouts or printed materials may be distributed in the city council chamber prior to the council meeting or in the lobby outside the city council chamber. Q) Food prohibited. No food shall be permitted in the city council chamber. (k) All cell phones, pagers, or electronic devices belonging to the public, press, or personnel that may be disruptive must be placed on vibrate mode, quite mode or be turned off while a meeting is in session. Council members shall make every effort to minimize use of personal cell phones while in session. (1) The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth herein in order to ensure that the People's business is run in an efficient manner, that meetings are held without disturbance. Among the means of enforcement, the presiding officer may order the podium microphone turned off and /or video broadcast interrupted when the presiding officer has determined that an individual or group has disrupted the meeting, or the individual or group has exceeded their allotted time to speak without permission of the presiding officer. (m) Enforcement of Decorum. The rules of decorum shall be enforced in the following manner: 1. Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting of the Council to remove that person from the Council chambers. Ordinance No. NS -XXX 50A -1 7 Page 5 of 7 2. Removal. Any law enforcement officer who is assigned to the council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding officer, it shall be the duty of the law enforcement officer to remove from the council meeting any person who is disturbing the proceedings of the council. 3. Resisting Removal. Any person who resists removal by the law enforcement officer shall be charged with a violation of this section. 4. Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor. (n) Motion to Enforce. If the presiding officer fails to enforce the rules of decorum, any member of the council may move to require him or her to do so, and an affirmative vote of a majority of the council shall require him or her to do so. If the presiding officer fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding officer for the limited purpose of enforcing any rule of decorum which it wishes to enforce. (o) Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the council, and any remaining council business may be considered at the next meeting. SECTION 4. Section 2 -112 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 2 -112. Application of Rules of Decorum The provisions relating to the conduct of meetings and rules of decorum contained in Chapter 2 of the Santa Ana Municipal Code apply to meetings of all committees of the city council as well as all boards and commissions of the City of Santa Ana. SECTION 5. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. 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 Ordinance No. NS -XXX Page 6 of 7 50A -18 it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXX 50A -1 9 Page 7 of 7 EXHIBIT 3 RESOLUTION 50A -20 SRC 10/07/2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE TIME FOR REGULAR COUNCIL MEETINGS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 409 of the City Charter and Sections 2 -100 et seq. of Santa Ana Municipal Code call for the City Council to adopt rules and procedures for the scheduling and conducting of meetings of the City Council. B. The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the "Brown Act") sets forth statewide standards for meetings of local agencies including the Santa Ana City Council. C. The City Council desires to begin the Closed Session City Council meetings a half hour earlier and the open session earlier. Section 2. City Council meetings, time and place. (a) Regular meetings of the City Council shall be on the first and third Tuesdays of each month and shall begin no sooner than the hour of 4:30 p.m. for Closed Session followed by the Regular Open Meeting at 5:15 p.m. The City Council shall publicly convene the meeting and then recess to conduct closed or executive sessions. (b) Regular meetings of the City Council shall be convened in the Council Chamber or as noted on the Agenda and time as specified on the agenda. After being convened, all meetings may be adjourned to such other place or places as the City Council may order. Section 3. This Resolution shall only change the starting time of the City Council meetings and only supersedes Resolution No. 2013 -019 in that manner only and shall take effect immediately upon its adoption by the City Council. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 50A -21 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 50A -22 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 7, 2014 TITLE: YOUTH SPORTS SCHOLARSHIP AND DEFERRED MAINTENANCE PROGRAM {STRATEGIC PLAN NO. 2,2F) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _•0 • _1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution on the recommendation to develop and implement a Youth Sports Scholarship Program so that it benefits youth participating in the City's youth sports program and advancing progress on deferred maintenance areas that benefit youth sports activity throughout the city. DISCUSSION At the May 20, 2014 City Council meeting, Council approved $200,000 for the Youth Sports Scholarship Program as part of the funding approval for the Five -Year Strategic Plan. The Parks, Recreation, Education and Youth (PREY) Council Committee met on July 28 and discussed this program. The plan proposed by staff is to use $100,000 this current fiscal year to support Santa Ana youth participation in the City's sports program. The program includes the sports of Basketball, Football, Baseball, Soccer, Tennis, and an After School program. Youth that can't afford to take part in these programs will be offered scholarship support so that no Santa Ana child is prevented to participate due to lack of monies. The other half of the fund will be invested on park deferred maintenance projects that directly benefit Santa Ana youth. Half of these monies or $50,000 will be used along with park in -lieu monies to replace the Centennial Park synthetic turf at field #4 at the Centennial Park Dan Young Soccer Complex. The synthetic field replacement will go through the regular bid process and come back at a later time to the City Council. This field was the City's first synthetic field and was opened twelve years ago. The warranty for the playing surface ran out three years ago and staff has been doing their best in patching up the turf to make it playable for the many hours of youth soccer play that takes place on this very popular field. The seven youth soccer organizations that play on this field have asked the City to replace the turf over the last several years. Below you will see a current picture of a youth team playing on the field. Additionally, the Santa Ana Unified School District recently invested in their sports fields by installing synthetic turf. Utilization of synthetic turf will result in less Feld closures, reduced maintenance expenses and enhanced water efficiencies. 55A -1 Youth Sports Scholarship and Deferred Maintenance Program October 7, 2014 Page 2 The other $50,000 would be used to hire two General Maintenance part time workers who will join the Park General Maintenance crew to work on daily park deferred maintenance tasks that are of high priority. The team will focus on ongoing repairs of water fountains in the park system along with plumbing issues in the restrooms and fixing lights at parks and sport fields. Repairing park irrigations system, park site furniture like benches and picnic tables and the pumps and filtration system for the city pools will also be a priority. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #2, Expand youth programming, Strategy F, Develop a process for youth sports scholarship programs. FISCAL IMPACT Funds are available in the PRCSA- Recreation - Contract Services account (no 01113230 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: C Francisco Gutierrez, Executive Director Finance and Management Services Agency 55A -2 10 /07/2014jas RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE RECOMMENDATION TO DEVELOP AND IMPLEMENT A YOUTH SPORTS SCHOLARSHIP PROGRAM AND ADVANCING DEFERRED MAINTENANCE PROJECTS ON CITY PARTKS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana enjoys a young, vibrant population. Youth sports in the City perform a vital role in developing the bodies and minds of the City's young people. B. The City's youth- oriented sports organizations provide a foundation for our children and young adults to achieve success in their lives. C. At times, the costs of participation in the sports organizations can be prohibitive, and prevent a number of children and young adults from receiving the lifelong benefits that come with such participation. D. Synthetic turf playing fields in the City, although much more durable than natural grass fields, suffer from years of near constant use. The surfaces and materials of some of the City's synthetic turf fields are in need of maintenance or even replacement. E. Further, prior economic distress had forced the City to cut back on the general maintenance of its parks. Issues have developed in some parks relative to items such as broken water fountains, plumbing issues in restrooms, burned out light bulbs and park furniture in need of repair. F. On May 20, 2014, the City Council approved $200,000.00 for the Youth Sports Scholarship Program as part of the funding approval for the Five -Year Strategic Plan. On July 28, 2014 the Parks, Recreation, Education and Youth (PREY) Council Committee met and made recommendations for the Program. G. The City Council now desires to act on the recommendations as to the development and implementation of the Youth Sports Scholarship Program and the expenditure of the previously allotted funds. Section 2. The City Council hereby directs that the previously approved $200,000.00 for the Youth Sports Scholarship Program be allocated as follows: 55A -3 10/07/2014jas $100,000 this current fiscal year to support Santa Ana youth participation in the City's sports program. The program includes the sports of Basketball, Football, Baseball, Soccer, Tennis, and an After School program. Youth that can't afford to take part in these programs will be offered scholarship support so that no Santa Ana child is prevented to participate due to lack of monies. 2. The $100,000.00 remainder of the fund will be invested on park deferred maintenance projects that directly benefit Santa Ana youth. Half of these monies or $50,000 will be used along with park in -lieu monies to replace the Centennial Park synthetic turf at field #4 at the Centennial Park Dan Young Soccer Complex. 3. The other $50,000 would be used to hire two General Maintenance part time workers who will join the Park General Maintenance crew to work on daily park deferred maintenance tasks that are of high priority. This team will focus on ongoing repairs of water fountains in the park system along with plumbing issues in the restrooms and fixing lights at parks and sport fields. Repairing park irrigations system, park site furniture like benches and picnic tables and the pumps and filtration system for the city pools will also be a priority. ADOPTED this day of 2014. APPROVED AS TO FORM: Sonia Cavazos, City Attorney Miguel A. Pulido Mayor By: Joseph Straka Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 55A -4 10 /07 /2014jas CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa 55A -5 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER Y, 2014 TITLE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 2014-01, GENERAL PLAN AMENDMENT NO. 2014-02, ZONING ORDINANCE AMENDMENT NO. 2014-01 AND AMENDMENT APPLICATION NO. 2014 -02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 41 CITY MANAGES) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ;••:• _r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution certifying Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. CITY COUNCIL ACTION On September 16, 2014, the City Council held a public hearing on the proposed Harbor Corridor Mixed Use Specific Plan. At the conclusion of the hearing the Council continued the item and directed staff to revise the plan to reflect policy decisions: • Ensure that more intense development occurred within the Transit Node districts, particularly the Transit Node near the intersection of Harbor Boulevard and Westminster Avenue. • Ensure that the preponderance of development in the Transit Node districts was not primarily residential, but that the plan reflect an emphasis on commercial, entertainment and hotel uses. Address the design of the street sections to provide options that include adequate pedestrian sidewalks, buffered bike lanes and on- street parking. 75A -1 EIR No. 2014 -01, GPA No. 2014 -02, ZOA No. 2014 -01 & AA No. 2014 -01 October 7, 2014 Page 2 Based on this input, the plan is recommended to be revised as follows (Exhibit A): Revise the description of the goals of development in the Transit Node district to place a greater emphasis on non - residential development, including commercial, entertainment and hotels. Intensify development potential in the Transit Node districts. The Transit Node districts each contain a Bus Rapid Transit (BRT) stop. Using these BRT stops as identifiers, the three areas designated as Transit Node zones are recommended to be further classified as North or South. The recommendations as proposed would not result in any new significant impacts (Exhibit B). The uses and development standards for the North Transit Node, at Harbor Boulevard and Westminster Avenue, are recommended to be revised as follows • Raise the minimum number of building stories from three to four and increase the maximum allowed stories from six to 10. • Remove three -story building types, such as townhouses, as permitted types to eliminate stand -alone residential development. • Remove frontage types, such as stoops and porches, as permitted types to ensure a commercial character at the ground level. • Require that all ground floor uses be non - residential. Where residential is proposed, it must be part of a mixed -use project. o Staff does not recommend making revisions to uses and development standards in the two remaining South Transit Nodes. Many of the parcels in these two areas are too small to meet the development standards and lot sizes required by the more intense standards recommended for the North Transit Node. Restricting development to the standards contained in the North Transit Node would effectively remove the ability to develop these properties, potentially creating a taking of the property without compensation. In addition, the surrounding uses in these areas are predominantly small -scale residential which is less compatible with 10 -story development. Finally, these properties are not located adjacent to the fixed - guideway stop that will be constructed at the North Transit Node and, as such, have more limited potential for the same level of intense development. The plan currently contains several design scenarios that address the need to make Harbor Boulevard a more livable, walkable and bikable street, as well as one that will result in reduction of speeds over time. In the near term, based on the existing right -of -way, a re- striped Harbor Boulevard can accommodate three lanes of vehicular traffic with narrowed lane widths and a buffered bike lane for much of the street's length. In areas where the right -of -way is constrained, lane widths can still be narrowed and a painted shoulder can be added. However, the City should continue to pursue long -term options that can result in a safer and more robust multi - modal street. One significant constraint is overall public right -of -way. The potential for acquisition of right -of -way to accomplish the needs of additional features, is limited and cost 75A -2 EIR No. 2014 -01, GPA No. 2014 -02, ZOA No. 2014 -01 & AA No. 2014 -01 October 7, 2014 Page 3 prohibitive. Staff recommends that the best option is to begin to explore a reduction in the number of vehicular travel lanes from three in each direction to two, thereby freeing up additional width that can be used to improve the street design. This would require the participation of OCTA due to the fact that Harbor Boulevard is identified as an arterial in the County's Master Plan of Arterial Highways (MPAH) and, as such, is required to adhere to the design guidelines contained in the MPAH. In order to receive Measure M funding, which is used for a wide variety of street improvements, cities must show that they are in compliance with the MPAH, therefore, any changes to the lane configurations of Harbor Boulevard would need to be done in concert with OCTA. Staff recommends that the City Council provide staff direction to begin to explore this option. PLANNING COMMISSION ACTION On August 25, 2014, the Planning Commission recommended that the City Council adopt a resolution certifying Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan; adopt a resolution approving General Plan Amendment No. 2014 -02; adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01; and adopt an ordinance approving Amendment Application No. 2014 -01 by a vote of 7:0 for the Harbor Boulevard Mixed Use Transit Corridor Specific Plan ("Harbor Corridor Plan "). The Planning Commission recommended that the design of bicycle and pedestrian travelways be given additional consideration. Thus; the street cross - section designs have been removed and replaced with illustrative conceptual images, and text added that final design of the street cross - section will be determined during the process of the Public Realm Improvement Implementation Program. Other minor modifications to the Plan included the clarification of definitions for housing types, required bike parking, and the enhanced design of parking structure facing Harbor Boulevard (Exhibit C). DISCUSSION The Harbor Corridor Plan proposes a new land use and development vision along Harbor Boulevard, and would replace the existing 425 -acre North Harbor Specific Plan (NHSP) with a reduced plan area of 305 -acres generally along Harbor Boulevard. The previously - adopted NHSP also included 120 acres of property that was comprised primarily of the Wiilowick Golf Course and existing residential neighborhoods near Harbor Boulevard. These areas are recommended to be removed from the plan and to have their zoning reflect the existing land uses of open space and single - family and two - family development. The proposed Harbor Corridor Plan creates a more sustainble vision, introducing housing and higher intensity mixed use development opportunities near the existing Bus Rapid Transit (BRT) on Harbor Boulevard and future fixed guideway routes The proposed Harbor Corridor Plan allows for a minimum of 10 acres to be designated for residential use, as required to maintain a State certified Housing Element requirement to provide adequate zoning for affordable housing opportunity. 75A -3 EIR No. 2014 -01, GPA No, 2014 -02, ZOA No. 2014 -01 & AA No, 2014 -01 October 7, 2014 Page 4 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action Karen Haluza Interim Executive Director Planning & Building Agency MGM:rb MAREPORTWC W arbcAQh4- 019pa14- 02zoa14,01 aa14 -0 toc.10.07.14 Exhibit: A. Recommended Revisions to the Harbor Mixed Use Transit Corridor Specific Plan B. PlaceWorks Technical Memo C. Planning Commission Staff Report 75A -4 1/ 1 (October i' EXHIBIT A 75A -5 ;Q� A .fro ( 11 x A o, Harooi Mixed use Trai,s¢ Corridor Plan VISION & SUMMARY Vision: A Place for People Harbor Boulevard is a place for people. life is abundant and flourishing Harbor Boulevard is a gateway to Santa Ana, with marquee uses, buildings, everywhere within the corridor Families, couples, and individuals live here. and street design that strengthen the community's sense of identity and the People work at service and professional businesses along the corridor. Many City's image as a center for arts and culture. Together, new designs, spaces, residents and visitors stop along Harbor Boulevard to shop for items they need and improvements make the Harbor Corridor a healthier, more successful, and and want, eat at great restaurants, learn and enrich themselves in new cultural more livable place. spaces, worship in religious buildings, and relax and exercise in new open spaces. Guiding Principles Harbor Boulevard connects people to places. The boulevard is redesigned into a street where people find it safe and enjoyable to walk, ride their bike, take 1. Expanded development opportunities that respond to transit a bus, or drive their car. New rapid bus and streetcar service connects people investments with local and regional jab centers, downtown Santa Ana', and other shopping and recreation destinations. 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents Conceptual renderings of what Harbor Boulevard could look like in the future. 4. A sense of place -- 5. Community health and wellness datWesyninster Avenue logkingsoutfi i cL di , WOW Harbor Boulevard' Rh September 2014 75A-6 I -1 ;Q a dt _1,V 1 N A A a Harkci Mixed Use Transit Condor Plan LAND USE PLAN AND DEVELOPMENT STANDARDS Vision: A Place for People Harbor Boulevard is a place for people. Life is abundant and flourishing everywhere within the corridor. Families, couples, and individuals live here. People work at service and professional businesses along the corridor. Many residents and visitors stop along Harbor Boulevard to shop for items they need and want, eat at great restaurants, learn and enrich themselves in new cultural spaces, worship in religious buildings, and relax and exercise in new open spaces. Harbor Boulevard connects people 0 places. The boulevard is redesigned into a street where people find it safe and enjoyable to walk, ride their bike, take a bus, or drive their car. New rapid bus and streetcar services connect people with local and regional job centers, downtown Santa Ana, and other shopping and recreation destinations, Harbor Boulevard is a gateway to Sane Ana, with marquee uses, builtlings, and street resign that strengthen the community's sense of identity and City's image as a center for arts and culture. Together, new designs, spaces, and improvements make the Harbor Corridor a healthier, more successful, and more livable place. Guiding Principles 1. Expanded development opportunities that respond to transit investments 2. A variety of safe and efficient travel choices 3. Economic vitality and new opportunities for businesses and residents 4. A sense of place 5. Community health and wellness The overall purpose of this Specific Plan is to generate momentum, expand options, and provide comprehensive direction for the improvement and development of the Harbor Corridor, as directed by an overall vision, guiding principles, a land use plan, and development standards. Land Use Plan The land use plan regulates the Specific Plan area through the application of four land use districts: Transit Notle, Corridor. Neighborhood Transitional, and Open Space. Each district has its own development standards and preferred building and frontage types. Figure 3 -1 displays the land use plan and its relationship to the Bravo! bus rapid transit (BRT) stops. Table 3 -1 identifies the acreage for each district alongside the maximum capacity for housing units and nonresidential building square footage. The maximum capacity reflects one possible scenario if the project builds out to its full potential based on allowable development standards. In and of itself, this plan is not a development project. It is expected that change would occur incrementally according to the desire and ability of individual property owners to develop their properties based on the new standards. Based on trends and existing conditions, residential development is more likely to build out at levels somewhere between current conditions and maximum capacity (see Table 3 -1). However, for the purposes ofconducting the required environmental assessment, the City evaluated the maximum buildout capacity, of Potential by Land Use Districts 125 507 -2,02 108 1,130 -2,4 Neighborhood 15 89 -178 Transitional Transit Node (TN) The Transit Node district is intended to provide standards for high intensity, transit - supportive mixed -use development with a locus on creating pedestrian activity at the street level. This district offers the most significant opportunities to respond to the regional and local transit investments, with direct access to three existing BRT stations and proximity to one or more future fixed guideway stations. The Transit Node districts are further broken down into the North (N) and South (S) zones. The North Transit Node, comprised of the properties surrounding the BRT station at Harbor Boulevard and Westminster Avenue, will provide for the most intense development with buildings allowed up to 10 stories. The North Transit Node will have an emphasis on mixed -use development with ground fiber commercial, entertainment, and hotel uses. The South Transit Node, comprised of the properties surrounding the BRT stations at Harbor Boulevard and Tat Street, and Harbor Boulevard and McFadden Avenue, allow for buildings up to six stories with an emphasis on mixed -use residential development, Corridor(CDR) The Corridor district is applied to properties along Harbor Boulevard between BRT stations and is intended to provide housing options and neighborhood serving uses within walking distance of a transit node. Building types include lined block, stacked flats, courtyard housing, live -work, rowhouses, and tuck -under units. Mixed use and non- residential projects are centered on key intersections, and residential and public/quasi- public uses infill at mid -black locations. Neighborhood Transitional (NT) The Neighborhood Transitional district provides standards for development that acts as a transition between the single - family neighborhoods to the north and south of 1st and 5th Streets and the Corridor and Transit Node districts. Designated for the lowest scale and the lowest intensity of uses in the Harbor Corridor Plan, development in this district is limited to residential, live -work, or neighborhood- serving commercial uses. These uses may combine commercial on the ground floor with residential above or in freestanding single -use buildings on the same site at between two and three stories in height. Open Space (OS) The Open Space district identifies areas reserved for community parks and other open spaces. Allowable structures in this district are limited to those necessary to support the specific open space and recreation purposes, such as sport -court enclosures, multipurpose buildings, and trails. Additional open space will be required as new development occurs and will be located within or close to the Specific Plan area. September 2014 +�UIC R7W DRAFT 3 -1 Harbor Mixed Use Transit Condor Plan Figure 3-1: Land Use Plan T T -F-11 I- Hilo (I:XBdGuldeway Wit; —T �,u sTR E I iAZARD AVENUE Willowick Goftourse L LL r Hazard —I - Elementary T Campesi no Park 7T 5TH STREET L Z t; 7 oj -� i FIN6 L ---E: 7J � I K ope d ewh Elementary H 17- MIN, IMP anwi -T LL CAMIKIE ST OFT LEGEND -Tr T Harbor Mixed Use Transit Russell �. Corridor Plan Boundary Bravo! Bus Rapid Transit Stop Potermfial Fixed Guideway Stop Land Use District Transit Node Corridor Neighborhood Transitional Open Si IN North Transit Stop 3 South Transit Stop o em 3-2 PUBLIC i 7AA F7 8 City of Santa Ana 7OA- CHAPTER 3: Land Use Plan and Development Standards Permitted Uses Table 3 -2 shall regulate land uses within the Harbor Corridor Plan area. The table provides uses by district, The uses are indicated by abbreviation: permitted (P), not permitted (N), permitted by Conditional Use Permit (CUP), permitted by Land Use Certificate (LUC), and permitted through Site Plan Review (SPR). The Transit Node District is divided into two areas basd on their proximity W the transit stops. Transit Node North: Permitted uses shall apply to properties in the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1. Transit Node South: Permitted uses shall apply b properties in the Transit Norte District adjacent to the South Transit Stops as depicted in Figure 3 -1. Table 3 -2. Permitted Uses RESIDENTIAL e x e • NEIGH TRANSITIONAL Joint Irving working quarters P(1) P P(2) CUP N Care homes N N CUP CUP N Single family swilling N N P P N Multi - family dwellings (in building types other than a House or Live -Work) RECREATION, EDUCATION, AND ASSEMBLY P(1) P(1) P P N Community assembly or religious facility P(1) P(1) P CUP N Library, museum P P P P SPR Park or recreation facility (outdoor) P P P P P Commercial recrbofioNhbolttMtness (indoor) CUP CUP �` - r �''� � •• _ N P School P(1) P(1) P CUP N Studio P(3) P P CUP N Theater, cinema or performing ads P P P N N RETAIL General retail P (3) P P P (2) N Grocery, face market P (3) P P (3) P (2) N Eating establishment P(3) P P P(2) N Auto or motor vehicle sales N N CUP N N SERVICE: GENERAL Auto or motor vehicle service N N CUP N N Banquet facility catering - subject to 41.199.1 of the SAMC CUP (1) CUP (1) CUP (1) N N Child day care- more than 8 and up to 14 children P(1) P P LUC N Child day bore center 05 or more children) P(1) P P CUP N Hotel, excluding transient residential hotel and long -term stay P P P N, N Personal services P (3) P P P (2) N Personal services - restricted SERVICE: BUSNESSTINANCLAUPROFESSIONAL N N CUP CUP N Bank, financial services P (3) P P N N Clinic, urgent care ,N _ W P N N Doctor, dentist, chiropractor office P(I) P P N N PmfessionaVadminjAmtive/ service office TRANSIT, COMMUNICATION, INFRASTRUCTURE P(1) P P P(2) N Parking facility - public or commercial (standalone parking structures are prohitoted) (4) SPR N N Transit station or terminal P 7NN N SPR Public milily structure, excluding wireless communication facilities N CUP SPR Any structure over them (3) stories in height SPR I SPR SPR SPR SPR Businesses operating between 12 am and 7am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP N Adult business N N N N N Light or heavy industrial N N N N N 0) Use mminu@tl only on serve or riper AWrs, or Whind retail or service ground Omr ber, (2) Permitted use as part of a verocal mixed use pmgmm, wit upper floor mammal (3) Minutes only as it of a mixed use pmpect win a wmmercial or residential component (4) Parking meti4es must comply wit building frontage standards P Uae is nominated subject to Morpheme win all aptiiwble provisions of the Santa Are Municipal Cafe LUC Use is insuctRd anneet to to approval of a land Use C,Ifcm, CUP Use is permitte l mentor N to approval of a prudential Use Permit SPR Use is hermithtl subject W to approval of a site Plan Review N Use not parr idel in dianct September 2014 6eRJJC RFyLL / DRAFT 3 -3 70A Harbor ri Ose Transit Corridor Plan Development Standards The development standards translate the Specific Plan vision and principles into prescriptive evaluation standards, ensuring that new development projects activate the public realm, exhibit high standards of urban design and landscaping, and maximize flexibility and development feasibility for public and private projects. This Specific Plan emphasizes the role that Wilding form plays when developing individual parcels and blocks to create diverse and pe lestrian- oriented development. Building Type and Form A wide variety of building types are permitted throughout the corridor, with more intense building forms found in the Transit Node district, and the least intense Wilding forms provided in the Neighborhood Transitional district. In the Corridor and Transit Node districts, future development is required to be at least two stories tall to reinforce the transit- and pedestrian- oriented vision for the Specific Plan area. Table 3 -3 identifies the building type and form standards by land use district. Images of various building types can be found below. I It I w l_ % ,- r- 0 House. Max 51 one s ay NT 213{4-Plsi Max Stases: a -T Live Wank Max series. 3 ® NT R „—se Masstanezj Table 3 -3. Building Type and Form -L YWHIIIIII _"i"'� 1011—OPPMR9,10"i. ®NT Tockrindersal ®Ni iu k tl .M ions, BUILDING TYPE House RA door 5-12 �® ®" ®" N =19 - - DEPTH I MIN. MAX.t+ ke 70'min 25's100' 11 h : 2 3 - 2 2d344 -plex 10 -16 100' min 50' -125' IVat Atmwed Nul „bowca 2 3 - 2 Bungalow Court 10-15 130' min 100' -180' Nor Nro,m d N 1 vw_ 2 3 - 3 Live-Work 12-15 100 -200' 75'125' N't Ilcwwi 3 3 2 3 2 3 Rdwhouse 7-18 100' -200' 75' -150' ¢oi aln;oreu 3 3 T 2 3 2 3 Trick Under 12 -18 75' min 95' -250' iVd gmrvnvl 3 3 2 3 2 3 Courtyard Housing 20 -30 130' -250' 125 -200' elke", 4 5 2 4 2 ( 3 Flex Black 30-00 130' min ]5' -200' 4 10 4 6 2 4 fRa 4u,wutl Stacked Owellings 40 -50 130' min 125'-200 4 ]0 4 6 2 4 11 ell, - Lined Block Tn. nose 1— n.111.11 45-50 1., mgr mm Nmnma 17U min a„ na, w,. 125--130' 4 ma m. a i.neono -ab„m t 10 win w'ab 4 6 2 -, m.amr,v1 or so- also ki 1-. 4 — u— .ro �,„n.r n„w<,,., ,.n,.i Col -orates Nan a hulane or bonbon type Permitted in a Jana ' in dr pi M1ldo or Imnrage into is only rebounded in me NT use aisect in Nis example abuldng bYces Permitted in all disturbs Neignm neednanstonal D,ii 3 -4 PUBUIrj9W&RAFT1 0 City of Santa Ana nw * is The images below and on the preceding page show examples of building types at various intensity and in a range of architectural styles. While the Specific Plan does not prescribe a set of specific architectural styles, it does encourage new projects to employ more contemporary and modern styles. CHAPTER 3'. Land Use Plan and Development Standards Cwrtyard Al . Ma. St ones'.] S ,;.I', nI A 9 ■v S we .xx:. - ! ON iiii O_ !■ C� ■ d t staa.d o.enmB :. M.smd. ::,,yo LlmdBlo .Max Staries:Na September 2014 70 -R I DRA FT 3 -5 -lama: Mixed Use Transl Conldor Plan Building Frontage Types and Floor Heights The frontage types and floor heights work in combination with the underlying land use district to ensure that proposed development is consistent with the City's goals for building farm, character, and quality. Subject to the requirements of the applicable land use district, a proposed building shall be designed with one or more of the following frontage types: arcade, gallery, shopfront, forecourt, staop, and frontyard /porch. Traditionally, commercial storefronts are characterized by tall storefront windows resigned to display merchandise to pedestrian passersby and entice them inside, while enhancing interior daylighting. New buildings in the Transit Node and Corridor districts shall construct taller ground floors to maintain an attractive and consistent space, while also maximizing flexibility for current and future uses. Table 3 -4 indicates minimum near heights for each district. Table 3 -4. Frontage Floor Height Minimums and Districts Arcade (A) 15 fee[ 9 feat TV, C TN, C Gallery (B) 15 fear 9 feet Shop Front (C) 15 feet 9 feet TN, C Forecourt (D) 15 feet 9feet TN,C Stoop (E) 10 feet 9 feet TN -S, C, NT FronlyardrPorch (F) 10 feet 9 feet TN S. C, NT Not: Flom height refers to livable space and Perudev space needed W mechanical equipment and other SVUCWral mquiremene. iRONIVPPOI eORCH I e Si004 Standards for All Frontage Types 1. Aphysical transition shall beprovided between the glazing of the storefront and the adjacent sidewalk unless the glazing Itself terminates directly at the grade. Where a bulkhead is applied to transition between the openings) and the adjacent grade, the bulkhead shall be between 18 inches and 36 inches tall per frontage type (aluminum storefront or spandrel panel may not substitute far a bulkhead). 2. All storefronts shall provide clear views of merchandise displays within the shop space and /or maintained and lighted merchandise display(s) within a display zone of approximately four feet in depth from the glass. 3. Awnings, signs, balconies, and other architectural projections shall be located at least 8 feet above the adjacent sidewalk and may project for the width of the sidewalk to a maximum encroachment within 8 feet of the curb. 4. Awnings shall only cover storefronts and openings so as to not cover the entire facade. 5. The term "clear" means that the identified area is free of encroachments other than signs and light fixtures. 6. Encroachments in the public right -of -way require the approval of the Public Works Agency. 7. Parking garages are required to employ a frontage type that is the same or complementary to the attached or adjacent buildings. Additional photographs, diagrams, and standards for building frontages are provided in the fallowing pages. M ra 0 O ! ec SHOVFr i CALLFW 4RUOF l4jjK �3R � �y S 1 Ras .J R,O.W J III, n 'f 3 -6 PUBIIIEJWWj1RAF - City of Santa Ana r A. F r CHAPTER 3: Land Use Plan and Development Standards Stoop Frontage Type ®n, A stoop is an elevated entry pad that corresponds directly to the building entry. The stoop has stairs placed close to the frontage line on a building, and the ground story is elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short setbacks. This type may be interspersed with the sho alront frontage type. A porch or shed roof may also cover the stoop. 1. Configuration. A great variety of stoop designs are possible, but the following shall apply: a. A minimum of 4 feet deep clear (at) Stoops without porches or roofs may encroach up to 50% of required building setback depth unless specified otherwise in the development standards, b. A minimum 4 feet wide. c. Stoops shall be raised to transition into the building. Buildings along Harbor Boulevard may have a stoop frontage. The design of such stoops is subject to review and approval by the Executive Director of the Planning and Building Agency. J. Stoops shall correspond directly to the building abbots). 2. Elements e. Fences or walls defining the stoop or front setback shall not exceed 36 inches from the highest adjacent finished grade. 01 a i Axonommric Diagram. sloop 'rontyard/Porch Frontage Type ®uT Plan nia &am: Sloop sectiontfifii slwp Frontyards area common frontage primarily associated with single - family houses, butcan be used with other building types in cases where the facade is set back from the right -of -way, provided the context is appropriate. An encroaching porch may also be appended to the facatle. A fence or wall at the property line may he used to define the private space of the yartl. The front yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yartl. The building facade that uses a frontyard or porch can be setback a maximum of 15 feet from the R.O.W. 1, Configuration. A great variety of frontyard and porch designs are possible, but the fallowing shall apply: a. A minimum of 6 feet deep clear between the face of the landing and building facade (at). Porches may encroach up to 24 inches of required building setback depth unless specified otherwise in the development standards, provided the remaining setback area shall not be less than 5 feet. It. A minimum of 12 feet wide clear for centered entry; or a minimum of 10 feet clear for asymmetrical entry. c. A minimum of 10 feet tall clear. d. Porches shall be at grade or raised to transition into the building. In no case shall porches be raised more than 3 feet from the adjacent grade. 2. Elements e. Fences or walls shall not exceed 3 feet in height when defining the front yard or (when fronting a public street) the side yard. Retaining walls within the front yard setback cannot exceed 18 inches in height. exonomernc Diagram: Rontydrd/Fblch Plan Diagram: Fmnt arNPorcM1 nOWy!F Wrgl Se, bad Llney. j al+ FaI j t + *---4- f d ;Fa a s Rion Diagram. Foi- OwnITInd September 2014 RtALIC R1 DRAFT 3 -9 Harbor Mired Use Transit Corridor Plan Building Placemeflt The placement of buildings plays an important part in creating character and a sense of place within the Harbor Corridor. The standards reflect an urban, walkable atmosphere where dense commercial, residential, and mixed -use buildings are placed close together and create a consistent streetwall that shapes the experience of pedestrians, bicyclists, and passing motorists. The setback standards also emphasize minimum setbacks to provide attractive landscaping and a buffer for pedesMans from street activity. Minimum and maximum standards are identified in Table 3 -5 and associated figures. Table 3.5. Building Placement SETBACK OR SEPAILITION BUILDING TO STREET AND FARIKING FIGURE &.of awnings, and gallery and ( Min .6 it Adjacent to public street right- of-way a Except awning;, and gallery and k min. 12'clear 6 fl or public easement I Awnings, and gallery and arcade I min, lo'clear within 6'of [a alley_or internal drive all 0 aft setak Line Leman -Adjacent Adjacent to parking c 7h 3' Clear zone (see oelpw) a of _ 251t Adjacent to Hn and 2nd floor a 15 ft - singlefamily resicential 3rd floor and above ` f 2Q(30 ft - Adjacenttoall All floors g 5R - olheruses a Up to 3Nflcor h Eft - 4ih floor and above i Nores. 1. salWeka are measured from Me aosest pint of a Wilding bike poked, line or puaie hinmeet, exttor tar near tunes Bee hebw). II a ironryarNpmch montage is usetl, to ting loads may Ire seibeck a maximum of 15 feel 2. AdtlaOnal wheal br entry plazas or courtyards, or M meet adjacent strucbres, may W permiRd subject to addi4onal design review. Forge Iypew may be us d to sabsty settenkmagiremen6. 3. Building planes above to 3rd floor shall have, at minimum, a50 %vanationioselback water Me specified sfandame in Table 3 -5. 4. For Wilding, with seven or more stories, to 0iN Poor and above must to set Fzck a minimum of 30 dust from singe family retitlential uses. Clear Zones 1. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as May approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. 2. The clear zone shall not be occupied by a ground floor building facade .Site and building features that are taller than 30 inches feet in height, including ufilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. 3. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within a clear zone. 4. The clear zone requirement shall also apply to property cornea that front Harbor Boulevard and abut the property line of a mobile home park. Encroachments 1. Outdoor dining. Such encroachments per approval of the Santa Ana Planning & Building Agency (PEA) and Public Works Agency (PWA) Directors, separate permit, and agreement per SAMC. 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards idenfified in Table 3 -6 and the associated figure. 3. No encroachments are permitted within 10 feet of a bus stop, intersection, or driveway Table 3.6. Encroachments Note: 1, Feveperminadbtr eekeelstpropedvline. A dl Building to Street Right-of -Way U r WMlceasementalong How, Boulevard Alleyr Drive NSk Building BNIj FetlaaiaryFrontge i!mw 25111 c-Iear Zane Stmet ROW Setback Zane Building to Property Lines P L. P. L. Q , Min. 20130 It Any use stage Family rapt SFR Q gesidendal —M N k Min.5 it Min. l51G Building to Building on i N &.of awnings, and gallery and ( Min .6 it m .made frontage types in. 8' clear max 18" Except awning;, and gallery and k min. 12'clear max 24" arcade frontage types I Awnings, and gallery and arcade I min, lo'clear within 6'of frontage types curb Side yard - Na setak Line Leman Rear yard to edv¢ S' Alley yard - to save' 3' Note: 1, Feveperminadbtr eekeelstpropedvline. A dl Building to Street Right-of -Way U r WMlceasementalong How, Boulevard Alleyr Drive NSk Building BNIj FetlaaiaryFrontge i!mw 25111 c-Iear Zane Stmet ROW Setback Zane Building to Property Lines P L. P. L. Q , Min. 20130 It Any use stage Family rapt SFR Q gesidendal —M N k Min.5 it Min. l51G Building to Building on If I 3 -10 PUBI7Fj{{kN RA Clry of Santa Ana i N Min .6 it Encroachments I Allowable ROW II ry LUm it oachurem setak Line Leman nor Table 3£ 0— 0 r0 If I 3 -10 PUBI7Fj{{kN RA Clry of Santa Ana Qom. !. _ha 1 It . A w CHAPTER 7: Administration and Implementation forced to ride unsafely in the street or on the sidewalk (a g., clearly striped or Commercial recreation facility - Indoor: Establishments providing indoor protected bike lanes, good signage, bicycle - specific traffic signals, bike racks, amusement and entertainment services for a fee or admission charge, and lockable bike storage). including: Block: An area of land within a subdivision which area is entirely bounded by streets, highways or ways, excepts alley and the exterior boundary of the subdivision. Building height: The vertical extent of a building measured in stories to the eave of the highest story, not including a basement or an attic. Height limits do not apply to masts, belfries, clock towers, steeples, equipment screening, chimney flues, and similar structures. Building height shall be measured from the average grade of the fronting thoroughfare curb level. Building placemem: The maximum horizontal envelope available for placing a building an a lot. Bowling alleys u Coin - operated amusement arcades n Electronic game arcades (video games, etc.) » Pool, billiards n Skating sports (ice, roller, board) This use does not include adult businesses. Four or more electronic games or coin - operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or fewer machines are not considered a land use separate from the primary use of the sta. Building type: A structure defined by the combination of configuration and Courtyard Housing: See'Building Types placement. The building types used in this Specific Plan are listed below: Bungalow Court: A configuration of freestanding single units arranged Doctor, dentist, chiropractor office: A facility other than a hospital where around a common, shared courtyard that is wholly open to the street. The medical, dental, mental health, surgical, and/or other personal health care individual buildings are arranged next to each other to form the bungalow services are provided on an outpatient basis, and that accommodates no more court building type. than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office Courtyard Housing: A building type consisting of residences that can be suite . arranged in four possible configurations: townhouses, townhouses over Duplex, Triplexand Quadplex: See'Building Types flats, flats, and flats over flats. The structures are arranged next to each other , on one or more courts that are partly or wholly open to the street. Dwelling unit types: Duplex, Triplex, and Quadplex (2- /3- /4- plex): Multiple dwelling forms that are architecturally presented as large single - family houses in their typical neighborhood setting. Flex Block: A building generally of a single massing element, designed for occupancy by retail, service, or once uses on the ground floor, with upper floors also configured for those uses or for residences. House: A detached structure occupied by a single household that also accommodates commercial and office uses as allowed. Lined Block: A building that conceals a public garage or other faceless building that is designed for occupancy by retail, service, or once used on the ground floor, with upper floors also configured for those uses or for residences. Live -Work: An integrated residence and working space, occupied and utilized by a single household in an arrangement of at least 3 such structures or I multiple structure with a least 3 units arranged side by side along the primary frontage, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. Rowhouse: An individual structure on a parcel with a private rear yard and individual garage accessed from an alley. Such structure shall be developed in an arrangement of at least 3 such structures along the primary frontage. Or, a structure of at least 3 attached townhouse unit types arranged side by side with a private rear yard and individual garage accessed from an alley along the primary frontage. Stacked Dwellings: A building of single -floor or multi -floor residences of similar configuration either above or below that are stacked. Tuck - Under: An individual structure on a parcel with no rear yard, where its garage is tucked under the rear of the house and accessed from an alley. Bungalow Court: See 'Building Types' Care homes: Residential facilities providing nursing and health - related care as a primary use with in- patient beds. Examples of these uses inclutle: board and care homes; convalescent and rest homes; and skilled nursing facilities. Long- term personal care facilities that emphasize medical treatment are considered "Extended Care" facilities. Clinic, urgent care: A facility other than a hospital where medical, mental health, surgical or other personal health services are provided on an outpatient basis, including incidental metlical laboratories. Examples of these uses include: • Apartment: A multi -unit rental version of a Flat, Loft, or Townhouse • Condominium: An ownership version of a Flat, Loft or Townhouse a Flat: A single -story unit, often found in a stacked configuration n House:a single, detached unit n Loft: A double -story height unit with a mezzanine. n Townhouse: A two to three -story unit with a common wall Eating establishment: A commercial establishment whose primary use is the sale and service of meals onsite to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local Department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code. Elevation (building): The exterior walls of a building. Also referred to as 'Facade' when the elevation is along a frontage line. Entrance (main or primary): The principal point of access of pedestrians to a building. In the support of pedestrian activity, the main or primary entrance should be oriented to the frontage rather than to the parking. Facade: The exterior wall of a building that is set along a frontage line. Facades support the public realm and are subject to frontage requirements additional to those required of elevations. Flex Block: See 'Building Types' Forecourt: See'Frontage Types' Frontage Line: Those lot lines that coincide with a public street line. One shall be designated as the Principal Frontage Line. Facades along Frontage Lines define the public realm and are therefore more highly regulated than the elevations that coincide with other lot lines. Frontage lines are subject to the urban standards, architectural standards, signage standards, and subdivision stantlartls. Frontage type: The architectural element of a building between the public right -of -way and the private property associated with the building. Frontage Types combined with the public realm create the perceptible strestscape. The following frontage types used in this Specific Plan are listed below: Arcade: Afacade with as attached colonnade, that is covered by upper stories. This frontage type is ideal for retail use but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it For Building Code considerations, this frontage type cannot cover the public right -of -way. n Medical offices with five or more licensed practitioners or medical Forecourt: A semi - public exterior space partially within the shopfront, specialties out patient care facilities gallery or arcade frontage that is partially surrounded by a building and Urgent care facilities seen opening to a thoroughfare forming a court. The court is suitable for n Counseling services by other than medical doctors or psychiatrists are gardens, outdoor dining, vehicular drop -off and utility off - loading. included under "Offices- Professianal /Administrative' Frontyard / Parch: A common frontage type associated with single family Community assembly: Group gatherings conducted indoors such as houses, where the facade is set back from the right of way with a front synagogues, mosques, temples, churches, community centers, binge halls, yard. A porch may also be appended to the facade. A fence or wall at the private clubs, fraternal, philanthropic and charitable organizations and lodges, property line may be used to define the private space of the yard, The front September 2014 5Pt1BLTC R116 DRAFT 7 -3 Harbor Mixed Use Tonst Corridor Plan yard may also be raised from the sidewalk, creating a small retaining wall at the property line with entry steps to the yard. Gallery: A colonnade that is attached to storefronts and projects over the sidewalk. Shopfiri A facade placed at or close to the right -of -way line, with the entrance at sidewalk grade. This frontage type is conventional for retail frontage and is commonly equipped with cantilevered shed roofs) or awning(s). Recessed storefronts are also acceptable. The absence of a raised ground floor precludes residential use on the ground floor facing the street, although such use is appropriate above. Stoop: An elevated entry porch that corresponds directly to the building entry, with stairs placed close to the frontage line on a building with the ground story elevated from the sidewalk, securing privacy for the windows and front rooms. This type is suitable for ground -floor residential uses with short setbacks. This type may be interspersed with the shopfront frontage type. A porch or shed roof may also cover the stoop. Frontyard /Porch: See 'Frontage Types' Gallery: see 'Frontage Types' ,an » Automobile impound, salvage, or wrecking yards. » Cement, lime, gypsum, or plaster of paris manufacture » Crematories » Food manufacture or processing Fertilizer manufacture » Hazardous waste treatment facilities a Recycling facilities » Site for the transfer, disposal, or dumping of refuse » Smelting of tin, copper, zinc, or iron ores Hotel: A facility offering short -term lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities. Access to the guest rooms shall be through the main lobby of the building. A hotel shall contain more than five guest rooms. A hotel that contains a kitchen as defined by the California Building Code (CBC) in guest rooms shall be deemed to be a long term stay business hotel as defined by the SAMC. A hotel that meets the criteria of a transient/residential hotel as defined by the SAMC, shall be deemed to be a transientlresidenfial hotel. House: See'Building Types' General retail: Stares and shops selling many lines of merchandise. Examples Joint living- working quarters: A building or component of a building in of these stores and lines of merchandise incude; which both residential and commercial uses may occur within the same unit. Art galleries, retail » Art supplies, including framing services Bicycles » Books, magazines, and newspapers Cameras and photographic supplies » Clothing, shoes, and accessories n Department stores n Drug stores and pharmacies Dry goods n Fabrics and sewing supplies n Florists and houseplant stores with indoor sales only » Grocery or food market » Hobby materials Jewelry n Luggage and leather goods n Music and/or must.] instruments, parts, and accessories n Orthopedic supplies • Small wares • Specialty shops • Sporting goods and equipment • Stationery » Toys and games » Variety stores General retell does not include the following: » Adult business as defined in Section 41- 1701.6 of the SAMC, antique or collectible stores, furniture, furnishings and appliance stores, medical marijuana dispensaries or second hand stores. » Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. n Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit or land use certificate in one or more use districts pursuant to this Specific Plan. Ground floor/ footprint: The area resulting from the application of building placement and open space requirements and as further articulated by particular building design. In calculating the area, only the conditioned floor space shall be counted for purposes of calculating allowable upper floor area, the area occupied by zaguans shall be counted as "ground floor /Footprint" Ground Boor residential: Dwellings with their primary entrance and habitable space at grade. Health and fitness: A commercial establishment providing facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, and lockers. Health and fitness facilities may also provide for instruction programs and classes, such as functional fitness, marital arts, and yoga; lockers and showers may be provided. Heavy industrial: The manufacture, extraction, treatment, storage, or assembly of materials or products that may or may not include the use of hazardous materials. Examples of heavy industrial include: Light industrial: The manufacture or assembly of produces from previously treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of employees shall be 10. Examples of light industrial include: n Athletic equipment Bakeries » Camera, photo equipment Clothing » Electronics » Musical instruments » Optical goods woodworking Lined Block: Sea 'Building Types' Live -Work: See 'Building Types' Lot width: The frontage of a parcel which is used to identify the parcel for street address purposes. Mined -use building: Typically a structure lawfully containing residential and non - resitlential uses, although a structure that lawfully contains two types of non - residential uses can also be considered a mixed -use building. Multi- temily dwelling: A residential structure lawfully containing two or more dwelling units. Multimodal corridor: A street and system of pathways that safely accommodates numerous transportation options for people to access and travel through the area. This can include the automobile, transit, pedestrian systems, and bicycle facilities. Office: These do not include medical offices (see Clinic, Urgent Care,' and "Doctor, dentist, chiropractor, office. "). 1. Service. Establishments providing direct services to consumers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include "Bank, Financial Services," which is separately defined. 2. Administrative. Office -type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer - dependent or telecommunications -based activities. Examples of these uses include: w Airline, lodging chain, and rental car company reservation confers, not including retail travel agencies » Computer software and hardware design and development » Consumer credit reporting » Data processing services » Health management offices where no medical services are provided » Insurance claim processing » Mail order and electronic commerce transaction processing » Telecommunications facility design and management » Telemarketing 3. Professional. Office -type facilities occupied by businesses that provide professional services, or are engaged in the production of intellectual property. Examples of these uses include: 7 -4 PUBLI('„g gW pBAFT1 6 City of Santa Are 1 -KelP.TC ►1[9 ; ► + ►I DATE October 1, 2014 TO City of Santa Ana ADDRESS 20 Civic Center Plaza CONTACT Karen Haluza, AICP, Interim Executive Director FROM Nicole Morse, Esq., Associate Principal SUBJECT Harbor Blvd. Mixed Use Transit Corridor Plan - Environmental findings re: changes to project in response to City Council Hearing 9/16/14 PROJECT NUMBER SNT -11 On September 16, 2014 the Santa Ana City Council considered the approval and certification for the Harbor Boulevard Mixed Use Transit Corridor Plan (Harbor Corridor Plan or HCP) and associated Environmental Impact Report. Council directed staff to consider changes to the Harbor Corridor Plan to increase the flexibility and opportunity for future development in the Transit Node while ensuring that redevelopment is not limited to residential uses. FINDING: PlaceWorks analyzed the changes to the project and determined that the revisions would not result in any new significant impacts requiring recirculation of the EIR pursuant to CECLA Guidelines Section 15088.5. The analysis is provided below. SUMMARY OF CHANGES TO THE PROJECT The HCP has been revised to encourage a balance of new housing and commercial development opportunities, as well as facilitate hospitality and tourism uses at a higher intensity: The Harbor Corridor Plan Transit Node district has been broken down into the "North" and "South" zones. The "North" Transit Node comprises the properties surrounding the BRT station at Harbor Boulevard and Westminster Avenue, and has been modified to allow an increase in allowable maximum building height from six stories to ten stories. Permitted Uses (detailed in Table 3 -2) are revised to clarify that any proposed residential uses are only permitted on the second floor or upper floors, or behind commercial uses on the ground floor. In addition, with the exception of uses such as hotels, museum, and theaters; retail and services uses are required to be part of a mixed use project with commercial or residential components. The Building Types and Forms (Table 3 -3) are revised to eliminate certain residential building types in the "North" Transit Node zone, including Live -Work, Rowhouse, Tuck - Under, and Courtyard housing. In addition, the maximum number of stories allowed for the remaining building types allowed in the North Transit Node Zone (including Flex Block, Stacked Dwelling and Lined Block) is changed from six stories to ten stories. EXHIBIT B 3 \IacAi 0h it Place, :Jite 1100 Santa Ana. C aiiiorni J 1)?IU7 1 714 966.11 - 10 1 Pla(_eWorks.corn 75A -17 AMC= » The Building Frontage Types (page 3 -9) are revised to eliminate Stoop Frontage Type and Frontyard/ Porch Frontage Type as allowed in the "North" Transit Node zone. » The Building Placement criteria (Table 3 -5) is revised to require a 30 -foot setback above the second floor for buildings with 7+ stores that are next to single family residential uses. » A definition is provided for "Joint Living - Working Quarters ", and reference to the "Extended Care" use is deleted, as it is the same as "Care Home" use. CECA GUIDELINES SECTION 15088.5 CEQA Guidelines §15088.5 requires that an EIR which has been made available for public review, but not yet certified, be recirculated whenever significant new information has been added to the EIR. Significant new information would be a showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance, (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. ENVIRONMENTAL ANALYSIS Of the changes identified above, the change that has the potential to affect the environment is the increase of the minimum building height to 4- stories and the maximum building height from 6- stories to 10- stories in the North Transit Node. The change in building height would not allow for additional intensity or a change in the development area. Since the development area and buildout projections for the HCP would not change, the related EIR analysis and findings would not change with regard to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities. However, the increase in building height could result in some changes to the visual character or views in the area. Aesthetics The HCP EIR evaluated project impacts with respect to the visual quality and character of the site. The change in minimum and maximum stories in the North Transit Node would not deteriorate the existing visual character or conflict with any existing architectural characteristics specific to the area. Figure 5.1 -2, Conceptual Renderings, has been revised in the HCP and EIR to reflect the potential for a 10 -story building in the North Transit Node (see view of Harbor Boulevard at Westminster Avenue looking south). As shown, the changes would add increased scale and height to the area. However, buildings would still be required to meet the development standards and design guidelines in the HCP. For example, the HCP requires a 5 -foot setback to property line adjacent to all uses except single family residential, and a 15 foot setback to the property line for the first two stories with a 20 -foot setback above the second story. October 20141 Paget 75A -18 Changes to the HCP include an added setback of 30 feet to the property line above the send floor for buildings with seven or more stories adjacent to single family residential uses. The revisions proposed would continue to allow revitalization of the commercial corridor that would improve the existing visual quality, pedestrian access and safety, and attract business investment with a high level of architectural design. The changes are intended to enhance this aspect of the project by ensuring that new development within the North Transit Node takes full advantage of existing and planned transit opportunities. The changes are meant to create a true mix of land uses, instead of encouraging only high density residential uses. Furthermore, proposed buildings in the North Transit Node would continue to be subject to the design guidelines that specify massing, scale, corner treatment, roof treatment, building colors, and materials. In addition, frontage types and floor heights are specified to ensure that the proposed development is consistent with the City's goals for building form, character, and quality. New buildings in the North Transit Node are required to construct taller ground floors to maintain an attractive and consistent space, while also maximizing flexibility for current and future uses. The minimum and maximum setbacks create a consistent street scene, provide attractive landscaping, and provide a bufferfor pedestrians from street activity. Although changing the building height in the North Transit Zone from 4 to 10 stories would visually alter the area, it would not deteriorate the existing visual character or conflict with any existing architectural characteristics specific to the area. Impacts would remain less than significant. Public Outreach This new information did not deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project. The City conducted a significant community outreach program starting early on in the development of the HCP. A maximum of 10 -story buildings were discussed in those community meetings. Residents provided meaningful input on the type, size, and height of buildings proposed within the HCP and North Transit Node. These comments informed many of the development standards and design guidelines that were incorporated into the HCP. As a result, the public has had a meaningful opportunity to comment on the HCP as revised. October 2014 1 Page 3 75A -19 75A -20 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 25, 2014 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ENVIRONMENTAL IMPACT REPORT NO. 2014-01, GENERAL PLAN AMENDMENT NO. 2014-02, ZONING ORDINANCE AMENDMENT NO. 2014-01 AND AMENDMENT APPLICATION NO. 2014-02 FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN Prepared by Melanie G. McCann /Ak. &,ti ea-- Interim Executive DirEUtor RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning k4anageF Adopt a resolution certifying Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. Request of the Aaplicant The City of Santa Ana is requesting several actions to enact the new Harbor Mixed Use Transit Corridor Specific Plan. Specifically, the City is requesting certification of an Environmental Impact Report, amendments to the General Plan Land Use Element and Urban Design Element to change land use and urban form designations, and amendments to the Santa Ana Municipal Code (S.A.M.C.) to approve new design and development standards for the Harbor Corridor Mixed Use Specific Plan area. In addition, an amendment application is proposed to remove 120 acres from the existing Harbor Specific Plan boundaries and retain the underlying zoning designation for these properties of open space and residential land uses. 75A -21 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 2 Proiect Backaround The California Global Warming Solutions Act of 2006 (AB 32) mandated that the State adopt a plan to reduce greenhouse gas emissions (GHG). As an implementation component of AB 32 the State adopted the Sustainable Communities and Climate Protection Act of 2008 (SB 375) which targeted reductions of greenhouse gas emissions from passenger vehicles — the largest source of GHGs. This legislation required that each metropolitan planning organization adopt a Sustainable Communities Strategy (SCS) that integrates transportation, land -use, and housing policies to plan for the achievement of emissions targets for each region. The Southern California Association of Governments (SCAG) was the metropolitan planning organization charged with preparing the SCS for the region that includes Santa Ana. One of the goals of this effort is to ensure that regional transportation improvements are integrated with land use planning to ensure that new housing development, in particular, is located near transit in order to provide alternatives to private automobile transportation and, thereby, reduce greenhouse gas emissions. To that end SCAG adopted the 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS). This document identified areas throughout the region that are High Quality Transit Areas (HQTA). An HQTA is generally a walkable transit village or corridor that is within a half mile of a well - serviced transit stop or a transit corridor with 15- minute or less service frequency during peak commute hours, with the Harbor Corridor meeting this criteria. The Harbor Corridor currently offers OCTA's bus rapid transit Bravo system and the intersection of Harbor and Westminster will link to the Santa Ana /Garden Grove fixed guideway. In acknowledgement of this, the City of Santa Ana was awarded a SCAG Demonstration Project grant in order to fund innovative planning work that will result in reductions in vehicle miles traveled and resulting greenhouse gas emissions while providing the "co- benefits" of community livability, mobility, prosperity and sustainability. Finally, the State requires that cities, through their Housing Elements, identify land that can be zoned for housing development in order to meet projected population growth. These figures are provided to each city through the Regional Housing Needs Assessment (RHNA). The City's 2014- 2021 Housing Element identified the Harbor Corridor as a location suitable for future housing development and committed, through the Housing Element Implementation Plan, to re -zone this area no later than October 2014 in order to be in compliance with the State Department of Housing and Community Development. Although not yet adopted, the Harbor Corridor Plan also will further the goals of "Complete Streets" and active transportation that will be contained in the City's updated Circulation Element. 75A -22 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 3 Proiect Descriotion The Harbor Mixed Use Transit Corridor Specific Plan ( "Harbor Corridor Plan ") proposes a new land use and development vision along Harbor Boulevard, and would replace the existing 425 -acre North Harbor Specific Plan (NHSP) with a reduced plan area of 305 -acres generally along Harbor Boulevard. The previously- adopted NHSP also included 120 acres of property that was comprised of the Willowick Golf Course and single - family residential neighborhoods to the east of Harbor. These two areas are recommended to be removed from the plan and to have their zoning reflect the existing land uses of open space and R1 — single - family development. The adoption of the Harbor Corridor Plan will not affect these properties in any way. The guiding principles of this planning effort are to provide: 1. Expanded development opportunities that respond to transit investments. 2. A variety of safe and efficient travel choices. 3. Economic vitality and new opportunities for businesses and residents. 4. A sense of place. 5. Community health and wellness. Another important aspect of the plan is its emphasis on providing new street design to promote multi - modal transportation. The plan contains new design standards and cross - sections that will create wider sidewalks, reintroduce on- street parking in select locations, add bicycle lanes, improve crosswalk design, and reduce automobile travel lanes. One potential outcome of these efforts, and a stated goal of the plan, is to reduce traffic speeds along the street to improve the pedestrian and bicycle environment. The proposed project area is generally west of the Santa Ana River, with the Harbor Corridor Plan's northern and southern boundaries adjacent to the city boundaries of Garden Grove and Fountain Valley. Specifically, the project area is between Westminster Avenue and Gloxinia Avenue and parcels along Westminster Avenue, First Street and Fifth Street, one -half mile east of Harbor Boulevard (Exhibit 1). The majority of the proposed Harbor Corridor Plan project area is currently developed with a variety of commercial uses including auto sales, retail centers and religious institutions. Sixteen percent of the project area is residential in nature, 14 percent industrial, and five percent vacant land. Adjacent land is characterized by a mix of single family residences, mobile homes, multiple family residences, elementary schools, and the Santa Ana River to the east (Exhibit 2). 75A -23 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 4 To accommodate the Harbor Corridor Plan objectives, the City will amend the current Land Use Element and Urban Design Element of the General Plan to allow mixed land uses and changes in urban form, and amend the Zoning Code, Chapter 41 of the Santa Ana Municipal Zoning Code (SAMC). The existing general plan land use designations for the proposed project area is primarily commercial, as well as residential, open space and industrial (GC, LR -7, MR -15, IND, and OS). The existing zoning for the proposed project is primarily SP -2 (North Harbor Specific Plan), but also include other residential and open space zoning districts (R -1, R -2, and O) (Exhibits 3 and 4). Analvsis of the Issues Zonina Ordinance Amendment In order to accommodate the Harbor Corridor Plan, amendments to Specific Plan No. 2 of the Santa Ana Municipal Code will need to be processed. Per SAMC Section 41 -592, the Santa Ana Municipal Code establishes regulations for the creation of specific plans. The purpose of the specific plan is to protect the health, safety and general welfare of the City by encouraging the use of innovative planning concepts and principles, promoting and enhancing the value of properties, and encouraging orderly and attractive development within the project area. In 1994, the City adopted the North Harbor Specific Plan (NHSP or SP 2) to create a strong and viable commericial district along Harbor Boulevard, intending to capitalize on the area's proximity to Disneyland to the north. While the vision established in 1994 was to revitalize Harbor Boulevard, progress has been limited and commerical and entertainment land uses did not transition as planned. The proposed Harbor Corridor Plan creates a new vision for the area, introducing housing and higher intensity mixed use development opportunities near the existing Bus Rapid Transit (BRT) on Harbor Boulevard and future fixed guideway routes The proposed Harbor Corridor Plan allows for a minimum of 10 acres to be designated for residential use, as required to maintain a State certifed Housing Element requirement to provide adequate zoning for affordable housing opportunity sites. The land use and mobility components of the Harbor Corridor Plan provide a transit - supportive, pedestrian- oriented development framework, which thereby reduces vehicle trips and greenhouse gas emissions, supports the addition of new transit infrastructure and provides an economic development stimulus to the area. The proposed amendment to the existing North Harbor Boulevard Specific Plan (SP No. 2) (Exhibit 3), includes a revision to the existing Specific Plan boundaries, and includes a Land Use Plan, Development Standards, a Mobility Plan and Design Guidelines. The Harbor Corridor Plan divides the area within its boundaries 75A -24 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 5 into separate zones that are based on intensity that range from the most intense development and land use types to the least intense, with most zones providing for a significant mixture of land uses within them. Like the Transit Zoning Code, the Harbor Corridor Plan zones are based on development intensity (instead of land use zones and density) as the basis for regulating development. The Harbor Corridor Plan would allow for mixed -use development with an emphasis on residential and commercial uses that would allow development to occur per the following zone designations: ■ Transit Node (TN) District — This district is intended to provide standards for compact, transit - supportive, mixed -use and residential development with a focus on creating pedestrian activity on the street. With direct access to three BRT stations and proximity to a future fixed guideway station, this district allows for a wide range of building types including mixed use flex block, stacked flats, court yard housing, and live -work units. This district accommodates shops, restaurants and active commercial uses at the street level, with office and residential on the upper floors. The district allows for a variety of non - residential uses and a mix of housing types at medium to high intensities and densities, ranging in height from a minimum of three stories to six stories. ■ Corridor (CDR) District — This district is proposed for properties along Harbor Boulevard between BRT stations and intended to provide housing options and neighborhood serving uses within walking distance of a transit node. Mixed —use and non - residential projects are centered on key intersections, with residential and public /quasi - public uses as infill at mid -block locations. Building types include lined block, stacked flats, courtyard housing, row houses, and tuck -under units. Allowable building height would be between two to four stories. a Neighborhood Transitional (NT) District — This district provides standards for development that acts as a transition between single family residential neighborhoods to the north and south of First and Fifth Streets and the Corridor and Transit Node districts. Intended for the lowest scale of uses in the Harbor Corridor Plan, development is limited to residential, live -work or neighborhood serving commercial uses. Typical building height would be two to three stories. ■ Open Space (OS) District — This district identifies areas reserved for community parks and other open spaces. Allowable structures in this zone are limited to those necessary to support the specific purposes of the particular open space area such as sport -court enclosures and multi- purpose buildings in active parks, and trails. Other highlights of the Harbor Corridor Plan standards include the concept of reduced onsite parking requirement near transit hubs, and design features that promote pedestrian and bicycle friendly environments. Finally, the code establishes detailed development standards for building and parking location, building massing and open space, and regulates other architectural 75A -25 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 6 standards, such as a building's connectivity to the street that translate into increased quality of life for the building occupants and the community. By describing the standards in terms of what is allowed instead of what is prohibited, the standards provide more certainty to the potential developers resulting in less discretionary actions and a streamlined approval process. General Plan Amendment The City's Land Use Element of the General Plan serves as a long -range guide for land use and development in the City and facilitates growth reflecting the community's vision. The Harbor Corridor Plan provides for the introduction of new housing and mixed use infill development at a higher intensity than the existing commerical corridor. To accomplish this, General Plan Amendment No. 2014 -02 is proposed to change the land use designations in the Harbor Corridor Plan project area to District Center (DC) or Urban Neighborhood (UN) (Exhibit 4). Each of these two land use designations allow and encourage mixed use development to create a vibrant, active living environment. The District Center land use designation is proposed to align with the transit nodes, where higher intensity and density is encouraged in close proximity to transit stations. The intensity standard for the District Center ranges from a floor area ratio of 0.5 to 5.0, to reflect intensity of development allowed by the standards established in the Harbor Corridor Plan. Either vertical or horizontal integration of uses are permitted, based on consistency with the zoning district standards. Street connectivity is desirable, allowing for a high degree of walkability, transit options and other forms of transportation, including pedestrian and bicycle travel. The Urban Neighborhood land use designation will apply primarily to residential and mixed use areas, with pedestrian oriented commercial uses, schools and small parks. Urban Neighborhood will allow for a mix of residential uses and housing types, such as multi - family, townhouses and single family dwellings, with some opportunities for live -work, neighborhood serving retail and services, public spaces and uses, and other community amenities. Either vertical or horizontal integration of uses are permitted based on the zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. The intensity standard for the Urban Neighborhoods ranges from a floor area ratio of 0.5 to 1.5. A total of 125 acres of land in the Harbor Corridor Plan is proposed to be designated as Urban Neighborhood. In addition, General Plan land use designations are proposed in conjunction with the areas reverting back to convention zoning, creating additional Medium Density Residential (MR -15) in keeping with the existing land uses and lot characteristics. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan, the Land Use Element and Urban Design Element are proposed to be updated to reflect the buildout and urban form detailed in the Harbor Corridor Mixed Use Specific Plan, and maintain consistency with the City's General Plan vision (Exhibit 5). 75A -26 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 7 Amendment Application The majority of the 425 acre Harbor Corridor project area is currently within Specific Plan No. 2 (SP 2), and was included in the orginal North Harbor Specific Plan boundaries created in 1994. The proposed zoning amendment would remove 120 acres from the SP -2 zoning designation, primarily near the Willowick Golf Course, and change the zoning district for those properties to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). These proposed zone changes are generally in keeping with the existing land uses and subdivision lot patterns. In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are proposed to be added to SP -2 boundaries (Exhibit 6). Environmental Impact Report The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an Environmental Impact Report (EIR) be prepared in order to study and analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible (Exhibit 7). As such, an EIR was prepared for the Harbor Mixed Use Transit Corridor Specific Plan. The environmental issues analyzed in the EIR include aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, public services, transportation and traffic, utilities and service systems and global climate change, as well as the cumulative impacts associated with each of these resource areas. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on April 18, 2014, with the review period ending on June 2, 2014. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted a public meeting on May 12, 2014 in order to allow the public to provide oral testimony on the Draft EIR. The City received a total of 11 written comment letters; and evaluated all comments received from the persons or agencies that reviewed the Draft EIR and has provided written responses to these comments in the Final EIR. In accordance with CEQA, each public agency that commented on the Draft EIR will be provided with a response to its comments at least 10 days prior to the final action by the City Council to consider certification of the EIR. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR (Exhibit 8). 75A -27 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 8 While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that, under a long -term, full build -out scenario, implementation of the Harbor Corridor Plan would result in significant and unavoidable impacts to air quality (Exhibit 9). Findings of Fact Under CEQA, no public agency may approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each findings. The CEQA Findings of Fact prepared for this project (Exhibit 10) identify the written findings and rationale that staff recommends for adoption by City Council in accordance with the requirements of Public Resources Code Sections 21081 and 21085 and Sections 15091 of the State Guidelines for the Implementation of CEQA (CEQA Guidelines). Statement of Overriding Considerations CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project (CEQA Guidelines section 15093). r the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. Because the proposed Harbor Mixed Use Transit Corridor Specific Plan would result in significant and unavoidable effects, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations prepared for this project explains the reasons that the substantial benefits of the adoption of the Harbor Corridor Plan outweigh the unmitigable environmental effects. Public Outreach An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in December of 2010 with an informational open house held at the Plumbers & Steamfitters Union Building there have been a total of 25 community meetings and public hearings. These meetings have ranged from large events, such as the Harbor Corridor and Idea Fair to small meetings with neighborhood associations. Outreach efforts were conducted in English, Spanish and Vietnamese with major mailings provided in all three languages and EIR 75A -28 No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 9 translators provided at all major events. Unique public engagement tools, such as; a bus guided tour; youth- oriented tools, such as the hands -on "City as Play" model; visual preference surveys that allow participants to choose pictures that best represent their vision; advertisements on bus benches along the corridor; and the use of the internet and social media were all employed to engage the community. In addition, staff had many personal one -on -one meetings and phone calls with all interested parties in order to better understand their concerns and incorporate their ideas. In addition to the above outreach efforts, over 3,800 notices were mailed to announce public hearings and availability of the draft Harbor Corridor documents, including notification of this meeting. This list is comprised of property owners, occupants and businesses in the project area, as well as within 500 feet of the project site. An electronic community message was also sent to a wide distribution of community organizations, neighborhood leaders and business interests one week before the public hearing. While there have been phone calls received throughout the course of this project, at the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Staff did receive a phone call from one resident regarding the existing crime and loitering in the area, and that additional housing would attract more related issues. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). Conclusion Approval of this project will allow the City to remain in compliance with State requirements for Housing Element implementation and will further the implementation of state and regional mandates to improve transportation and land use planning, improve the jobs /housing balance and reduce greenhouse gas emissions. Adoption of the plan also will provide new opportunities for property owners in the plan area to re -use underutilized properties by providing a regulatory framework for new development. In addition, the adoption of the plan will allow for new transit opportunities for the City, as it will support the Fixed Guideway project by increasing ridership projections and providing a stronger linkage between transportation and land use. Finally, the adoption of the proposed discretionary actions will promote a strong active transportation environment, which will result in significant reduction of greenhouse gas emissions, improved public health as people walk and cycle more and the air quality improves, and a thriving business environment as people live, work, dine and shop in the same area. 75A -29 EIR No. 2014 -01, GPA No. 2014 -02 ZOA No. 2014 -01 & AA No. 2014 -01 August 25, 2010 Page 10 Based on the project analyses, staff recommends that the Planning Commission recommend that City Council approve and adopt the Environmental Impact Report No. 2014 -01 with corresponding Mitigation Monitoring and Reporting Program; and the CEQA Facts, Finding and Statement of Overriding Considerations; as well as General Plan Amendment No. 2014 -02, Zoning Ordinance Amendment No. 2014 -01, and Amendment Application No. 2014 -01 to enact the Harbor Mixed Use Transit Corridor Specific Plan. Melanie G. McCann, AICP Associate Planner MGM:jm M9REPORTS TMHarborWr14- 01gpa14 -02zoa14 -01 aa14 -01.pc Attachments: Exhibit 1 — Harbor Corridor Plan Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 — Proposed Harbor Mixed Use Corridor Specific Plan Exhibit 4 — Proposed General Plan Land Use Designations Exhibit 5 — Proposed General Plan Land Use and Urban Design Element Amendments Exhibit 6 — Proposed Zoning District Amendments Exhibit 7 — Final Environmental Impact Report Exhibit 8 — Response to Comments /EIR Revisions Exhibit 9 — Mitigation, Monitoring and Reporting Program Exhibit 10 — Finding of Fact and Statement of Overriding Considerations Exhibit 11 — Amendments to the Sectional District Maps 75A -30 Al GEV LAGRIX1Ml L} CR OGMMH ALR9D9�111AL m SNGLEFAMILYF DH AL -B F MNGMODIRCATION GC CO\V MEJTCR B fII M FAMILYF DEJ GS COMMEI]AL9 UTHMAIN M1 UC INDUS AL R3 MUM DMSI MULTI Ct OCMMUNITYCOMMMAL M2 HE4WINDUSMAL FAMILYf DBCE Cl-MD OJMM. COMMMAI MUS MDlSR MO MIUTAWOF TONS R2 S1BU NAFAR MS C2 GBJ LOCMMa AL 0 OPM 9ACE FE ldSQ@ ALFSTATE Q CENTRAL& NESS P �Fe ONAL. m 3 PCDE OFME T C A CBIIAAL&19NEaSAKI STNLLAGE HI] R NN®COMMUNIT'D OFMMr S' GPEKJFICf N C4 R NNM91 NGCBJ � RANN®f DBWLDE ORNEW GS AR ALCOMMEZ7AL HARBOR CORRIDOR PROJECT AREA — = 500 FEET 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 76AY34 -` ME&A �e ` daN EXISTING LAND USES ;1 HARBOR CORRIDOR PLAN 1000 Ffff P L A N N I N G A N D B U I L D I N G A G E N C Y I rL Residential - m Auto Sales or Servicu _— z -. - I, Commercial - r i Intlushial "_' Golf Course - Open Space . rrA9 Public Vacant Q Pmlect Area - y City Ruundary I'r daN EXISTING LAND USES ;1 HARBOR CORRIDOR PLAN 1000 Ffff P L A N N I N G A N D B U I L D I N G A G E N C Y I rL EXHIBIT 3 Proposed Harbor Mixed Use Corridor Specific Plan The exhibit referenced above can be viewed at the following locations: Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa-ana.org/ harborplan /HarborMixedUseCorridorPlan.asp 75A -33 HAZARD AVE LL r 5TH ST SANTA ANA W 1 ST ST o G w MCFADDEN AVE GARDEN GROVE T� Willi s Golf Course 1 n,; ;T Note: Streets not included G PA 2014 -02 � PROPOSED GENERAL PLAN LAND USE DESIGNATIONS �c�^ HARBOR CORRIDOR PLAN P L A N N I N G A N D B U I L D I N G A G E N C Y M A LEGEND: -_ A - GC toLMR B - LMRtoDC C - INDtoDC �a I. D - MR to UN E - OS to MR F- LRtoLIN G - LMRtoUN H - LRtoMR -MR to DC J - GC to DC K - OS to UN GC to UN GC to DC Note: Streets not included G PA 2014 -02 � PROPOSED GENERAL PLAN LAND USE DESIGNATIONS �c�^ HARBOR CORRIDOR PLAN P L A N N I N G A N D B U I L D I N G A G E N C Y M A City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997 -05): GPA 2014 02 upending) GPA 2007 -02 (June 18, 2007) GPA 2004 -06 (July 6, 2004) GPA 200008 (February 5, 2001) GPA 201401 (June 3, 2014) GPA 2007 -01 (March 19, 2007) GPA 2003 -02 (June 16, 2003) GPA 200003 (December 4, 2000) GPA 2011 -03 (March 19, 2012) GPA 200fi -01 (October 2, 2006) GPA 200301 (February 18, 2003) GPA 200002 (November 20, 2000) GPA 2011-02 (June 6, 2011) GPA 2005-01(December 5, 2005) GPA 2002-01 (September 3, 2002) GPA 1999 02 (October 18, 1999) GPA 201001 (June 7, 2010) GPA 2005 -02 (October 17, 2005) GPA 2002 -03 (August 19, 2002) GPA 1999 01 (August 16, 1999) GPA 2OW02 (July 20, 2009 GPA 2004 -01 (April 5, 2005, as passed by GPA 2001 -03 (February 19, 2002) GPA 199804 (October 5,1998) GPA 2007-03(May 18, 2009) the voters of Sarta Ana) GPA 200102 (January 7, 2002) GPA 1998 05 (September 21, 1998) GPA 200403 (February 2, 200� GPA 2004 -04 (July 19, 2004) GPA 2000-09 (May 7, 2001) GPA 199&01 (May 4, 1998) GPA M01 (May 5, 2008) EXHIBIT 5 Proposed General Plan Land U765Al136 Design Element Amendments 75A -36 LAND USE ELEMENT and employment center, are likely to result in continued development pressure. The City is the fifth largest Orange County city in terms of land area, consisting of 27.3 square miles. Of this total, 58 percent is devoted to residential development, 15 percent to commercial uses, 14 percent to industrial, 11 percent to public and institutional uses, and two percent to public parkland and open space. The City's overall distribution of land use and development reflects its maturity as a commercial, employment, and governmental center. —Historically ,000 acres of land in Santa Ana was is eurrenfly included in one Merged Redevelopment Project Area. Further, a 11,790 -acre area has been designated as a California Enterprise Zone and that desi ng ationwill ----- — effe ` --fi' expired on December 13, 2013 . The Enterprise Zone is designatien provideds businesses with tax incentives intended to promote business development and growth, in addition to creating jobs. The City has been permitted to continue to process Enterprise Zone vouchers for existing companies until December 31, 2014. Baf affhese °--`- "-- The City of Santa Ana has adopted a number of specific plans to provide greater direction, and consistently high quality development standards for projects in these areas. These specific plans were established for those areas of the City which would benefit from a comprehensive development scheme not otherwise possible under existing land use regulations. Santa Ana is served by five freeways: the Santa Ana Freeway (I -5), the Garden Grove Freeway (SR -22), the Costa Mesa Freeway (SR -55), the San Diego Freeway (I -405), and the Orange Freeway (SR -57). Planned freeway enhancements and other regional transit improvements will further enhance accessibility to the City. The City's central location in relation to the regional transportation network contribute to its continued growth and economic vitality. DEMOGRAPHIC CHARACTERISTICS To fully understand the City's land use and development trends, the demographic and socioeconomic characteristics of the community must be considered. Key demographic trends likely to affect future land use and development include the following: The City experienced a dramatic increase in population growth from 1970 to 1990 in spite of its "built -out" character. During this time period, the City's population nearly doubled while the County's population increased by only 25 percent. 75A -37 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Reduce residential overcrowding to promote public health and safety. Policy 6.1 Support legislative and regulatory changes to laws and codes concerning safe occupancy standards. Policy 6.2 Support reducing the number of units in multiple - family developments by allowing the property owner to combine two or more units into a larger unit. Policy 6.3 Prohibit new development and building alterations which can readily be converted to improper occupancy. Policy 6.4 Target educational programs concerning overcrowding to tenants, owners, and property managers. Policy 6.5 Promote health and safety programs which address the occupancy of housing units and overcrowding. LAND USE PLAN The Land Use Plan is comprised of three components that direct and regulate land use in Santa Ana. These include a Land Use Map, development intensity standards, and adopted Specific Plans. These key components establish a framework for land use and development in the City. The Land Use Plan indicates the location, types, and extent of development and land uses throughout Santa Ana. It consists of a map which designates land use categories and their relative location, as well as development intensity standards for each category. The Land Use Plan is further supported by Specific Plans which correlate to the Land Use Plan. DEVELOPMENT INTENSITY STANDARDS As required by State law, the Land Use Element also establishes standards for development intensity. These standards ensure that the types of development permitted under each land use designation are well understood by the property owner, decision - makers, developer, and the general public. Development intensity refers to the size or degree of development possible within a particular land use category. The development intensity standard used for nonresidential development is floor area ratio, which is the ratio of the building's floor area to the total area of the lot on which the building is located. The development intensity standard for residential developments is "units per acre" which is a measure of the number of units allowed for each acre of land - with the exception of Metro East District Center, Transit Village District Center, Downtown District Center, Harbor Corridor District Center and Urban Neighborhood areas. To encourage a '" 75A -38 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerningthe Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Development Intensity Standards Land Use Designation Residential Land Use Designations Density/Intensity Standards (dulacre - FAR)' Low Density Residential (LR -7) 7 dulacre Low - Medium Density Residential (LMR -11) 11 du /acre Medium Density Residential (MR -15) Mixed Use Land Use Designations District Center'(DC) 15 du/acre 90 du /acre and FAR 1.0 Other District Center (Midtown, MacArthur Place, etc.) FAR 1.0 -2.0 Downtown District Center FAR 3.0 Metro East District Center FAR 3.0 Transit Village District Center FAR 5.0 Harbor Corridor District Center FAR 5.0 Urban Neighborhood Transit Zoning Code Area FAR 0.5 -1.5 Harbor Corridor Commercial Land Use Designations Professional and Administrative Office (PAO) FAR 3 0 FAR 0.5 -1.0 General Commercial (GC) FAR 0.5 -1.0 One Broadway Plaza District Center (OBPDC) ^ Industrial Land Use Designations Industrial (IND) FAR 2.9 FAR OA5 Other Designations Institutional (INS) FAR 0.5 Open Space (0) FAR 0.2 Notes: The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du- dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and /or specific plan requirements. The District Center and Urban Neighborhood land use designations permit both residential and non - residential development. 3 Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A -3. One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retail for a master planned development. *Refer to Appendix for description of Land Use designations. �0%\) CITY OF SANTA ANA GENERAL PLAN 75A -39 75 75A -40 Z YQ C Z U ZQ Q ZF Q O V N _ � a � � 75A -40 Z YQ C Z U ZQ Q ZF Q O V 0. y a 75A -41 w 0 LAND USE ELEMENT SPECIFIC PLANS The City of Santa Ana has also adopted three specific plan areas, shown in Exhibit 3, to provide greater direction in the development of these areas. As required by State law, these specific plans, indicated below, are consistent with the Land Use Plan. North - Harbor Mixed Use Transit CorridorBeuievard Specific Plan which promotes quality mixed use /residential eotntnereiftl development, and land use compatibility along Harbor Boulevard within a 3054 -5 acre planning area. Bristol Corridor Specific Plan which applies to a 3.9 -mile section of Bristol Street in the central portion of the City. Midtown Specific Plan which regulates development in the areas north of downtown and east of the Civic Center in order to create a thriving and integrated district for civic, cultural, and commercial activities. nu n• m ■i -� � ■ ■ ■ ! KIWI ��!I ►1! , � r 'llllf ■ III ` f (�` �• s: as S .,rem =rte Harbor Mixed Use Transit Corridor �� 9 Specific :l Bristol Corridor a �Irr � f � v" ♦I CITY OF SANTA ANA GENERAL PLAN 75A -42 79 LAND USE ELEMENT Exhibit 3 Specific Plans Harbor Mixed -Use Corridor Specific Plan ® Bristol Street Corridor Specific Plan ® Midtown Specific Plan 0 0.6 1.2 Miles �0%\) CITY OF SANTA ANA GENERAL PLAN 75A-43 21 LAND USE ELEMENT guidance for the purpose of ensuring navigable airspace is not impacted by future development in the City. REDEVELOPMENT PLANS Prior to the elimination of Redeveloping Agencies in California in 2011, aiAn estimated 5,185 acres (8.1 square miles) of land in Santa Ana is-earreatly-was included in one Merged Project Area. Prior to August 2004, this Project Area was divided into six separate redevelopment project areas as described below. Of this total, 9 percent (464 acres) is in residential use, 32 percent (1,678 acres) commercial, 40 percent (2,075 acres) industrial, with other uses accounting for the remaining 19 percent (968 acres). The following six redevelopment plans have been adopted: Santa Ana Redevelopment Plan. This plan which encompasseda 694 acres, was adopted in 1973 to revitalize the downtown area, improve traffic circulation, reestablish businesses, and stimulate private investment; North Harbor Boulevard Redevelopment Plan. Adopted in 1982, the Plan covereds 470 acres along Harbor Boulevard. The Plan for this area was adopted to define future development, and create design standards for new development in the area. Inter -City Commuter Station Redevelopment Plan. This plan, also adopted in 1982, focuseds on approximately 525 acres designed to provide for the development of a commuter rail station and to promote supporting uses. South Main Street Redevelopment Plan. Adopted in 1982, the plan applieds to 1,500 acres in one of the primary commercial and industrial districts of the City; South Harbor Boulevard/Fairview Street Redevelopment Plan. Adopted in 1982, this 1,085 acre plan covereds a key industrial area in the vicinity of Harbor Boulevard and Fairview Street; and Bristol Corridor Redevelopment Plan. Adopted in 1989, the plan promoteds the redevelopment of a 781 acres area along the Bristol Street corridor of the City. The location of the previously existing redevelopment project areas are shown in Exhibit A -1. A 75A -44 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A -1 summarizes the development intensity standard for each ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non - residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A -3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A -1 Development Intensity Standards Land Use Residential Land Use Designations Density/Intensity Standards Low Density t du /acre Low - Medium Density 11 du/acre Medium Density Mixed Use Land Use Designations District Center 15 du/acre Other District Centers Midtown, etc. 90 du /acre and FAR 1.0 -2.0 Downtown District Center FAR 3.0 Metro East District Center FAR 3.0 Transit Village District Center FAR 5.0 Harbor Corridor District Center FAR 5.0 Urban Neighborhood TranaLZonirtg Code Area FAR 0.5 -1.5 Harbor Corridor Commercial Land Use Designations FAR 3.0 Professional /Admin. Office FAR 0.5 -1.0 General Commercial FAR 0.5 -1.0 One Broadway Plaza District Center* Industrial Land Use Designations FAR 2.9 Industrial Other Designations FAR 0.45 Institutional FAR 0.5 Open Space FAR 0.2 Notes: du - dwelling unit, FAR - floor area ratio * Residential development is not a permitted use. �0%\) CITY OF SANTA ANA GENERAL PLAN 75A-45 A -11 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. during - that time. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high -rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A -2 and are shown in Exhibit A -4. The floor area ratios indicated in Table A -2 are the maximum building intensity allowed for development. Table A -2 Key Area- Floor Area Ratios Area Project /Area FAR 1 MainPlace 2.1 2 City Place 2.54 3 North Main Street 1.5 4 North Broadway 1.0 5 Museum Distrid 1.5 6 Hutton Development 1.0 7 Civic Center Specific Development Plan 1.0 8 Midtown Specific Plan 0.5 -1.0 9 Civic Center 1.0 10 Downtown 3.0 11 Orange County Register 1.15 12 Xerox Center Development 3.29 13 First StreeVTustin Avenue 1.0 14 Bentall Center Development 1.5 15 2720 Hotel Terrace Drive 1.0 16 1951 East Camegie Avenue 0.55 17 4040 West Carriage Avenue 0.47 18 Lake Center Development 0.72 19 South Coast Metro 1.0 20 MacArthur Place North 2.0 21 MacArthur Place South 1.0 22 Pac Tel Office 1.5 23 Metro East 3.0 24 Transit Village 5.0 25 Town & Country Manor 1.27 26 Harbor Mixed Use Transit Corridor A -72 75A -46 CITY OF SANTA ANA GENERAL PLAN E 0 75A -47 a z a i u a r O u N � E m N y � ❑ r C 0 J N 75A -47 a z a i u a r O u z 5 i u a r O u i 0. y h 75A -48 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single - family homes. This designation applies to a large proportion of the City 6 459.46,9660 acres) representing 47 percent of the City's total land area. The Low- Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.64334 acres. The great majority of the land designated as Low - Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. Atotal of 370.8377.0 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple - family development projects. CITY OF SANTA ANA GENERAL PLAN 75A-49 A -19 LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 888.36 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A -5. Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal CITY OF SANTA ANA GENERAL PLAN 75A -50 A-21 LAND USE ELEMENT mixed use developments, with an emphasis on linkages to a range of transportation options: The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 646.7 524-.-;�-acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high - rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component of master planned mixed use project. In Harbor Corridor, Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and /or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place /City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed -use development. • The Museum District located between the Downtown and MainPlace /City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. • The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. • The South Coast Metro District serves as a regional retail shopping area which includes a range of commercial services and office projects. • The MacArthur Place District Center contains an existing office/hotel complex and a proposed major mixed use project which A_22 75A -51 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT will include professional offices, supporting commercial, and mid and high -rise residential components. The Metro East District is envisioned as a vibrant urban village with a balance of office, residential, and service uses. Pedestrian and transportation linkages are key in this urban setting. The Transit Village District is envisioned as a vibrant intense urban village with a balance of employment centers, residential and service uses. Pedestrian and transit linkages to the Santa Ana Regional Transportation Center is key in this district. The Harbor Corridor Mixed Use Transit Corridor creates a vision for a more livable, sustainable setting through higher intensity housing and mixed use development, convenient access to transit, complete streets, and amenities that promotes active lifestyles. District Centers are considered to be the City's "major development areas." The most intense development in the City is targeted to these areas. The Tustin Avenue corridor is a major development area even though it is not a designated District Center. This area has developed over the years as a prime office corridor and employment area. The PAO designation facilitates the continued development of this area with high intensity, high quality regional office projects. The Urban Neighborhood (UN) land use designation applies to primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkablity, transit options, and other forms of transportation including pedestrian and bicycle travel. The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.(H4; with residential density based on a combination of floor area ratio and zoning development standards. A total of 271.1 1 q 8.1 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly CITY OF SANTA ANA GENERAL PLAN 75A-52 A -23 LAND USE ELEMENT industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8', acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 796.3 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,014.7 4-.944-8_ acres are included in this land use designation. Ofthis total, 358 acres of public park land is included in this land use designation. A -24 75A -53 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Exhibit A-5 Major Development Areas 1 - MainPlace 2 - Museum District 3 - Downtown 4 - One Broadyway Plaza 5 - Southcoast Metro 6 - MacArthur Place 7- Tustin Avenue Corridor S - Metro East 9 - Transit Village 10 - Harbor Mixed -Use Corridor — • — City Limits 0 0.6 1.2 Miles CITY OF SANTA ANA GENERAL PLAN 75A-54 A -25 LAND USE ELEMENT Exhibit A -6 Specific Plans Harbor Mixed -Use Corridor Specific Plan ® Bristol Street Corridor Specific Plan ® Midtown Specific Plan 0 0.6 1.2 Miles CITY OF SANTA ANA GENERAL PLAN 75A -55 A-27 LAND USE ELEMENT SPECIFIC PLANS The City of Santa Ana has established Specific Plan areas to provide greater flexibility in the development standards contained in the City's General Plan and Zoning Ordinance. The Specific Plans were established for planning areas which would benefit from a comprehensive development scheme otherwise not be possible under existing land use regulations. These specific plans include: 1�FertlrHarbor Mixed Use Transit CorridorBon4ev"d Specific Plan applies to an approximately 30542 -5 -acre area Bottlevafd Redevelopment Plait, as well as a numbef of adjaeettf residential pareels. First aAdopted in 1992 and updated in 2014, the Specific Plan outlines the planned land uses and development standards for this area, as well as public improvements needed to support the anticipated uses. The Plan promotes vibrant residential and mixed use development along Harbor Boulevard, -and connections between activity areas and local transit opportunities, while striving to minimize incompatibility with adjacent residential uses. Bristol Corridor Specific Plan applies to the 3.9 -mile section of Bristol Street in the central portion of the City. This corridor includes a portion of the project area for the Bristol Street Corridor Redevelopment Plan. The Specific Plan utilizes the potential redevelopment of the corridor as an opportunity to upgrade the development character ofthe area, and to enhance the viability of commercial businesses. The process is being undertaken in coordination with the widening of Bristol Street. Midtown Specific Plan regulates development within the northern section of Santa Ana's downtown area in order to create a thriving and integrated district for civic, business, cultural and retail activities. The Specific Plan emphasizes the area's role as the urban center of the City through standards for development and urban design that promote pedestrian activity. The location ofthe three specific plan areas are noted in ExhibitA -6 in the Policy Plan. CITY OF SANTA ANA GENERAL PLAN 75A-56 A -29 LAND USE ELEMENT ZONING CODE The City's Zoning Code outlines development standards for buildings, site size, height, setbacks, lot coverage, minimum unit sizes, landscaping, parking, signs, fences, and other features. Table A -3 compares the zoning categories with the land use designations in the Land Use Plan. Table A -3 Correlation of Land Use Designations and Zoning Districts General Pian Land Use Designation Corresponding Zoning Districts Al — General Agriculture Low Density Residential RE — Residential Estate Rl — Single - Family Residential R1 — Single - Family Residential Low — Medium Density Residential R 1— 4000 — Small Lot Single Family Residential SO — Specific Development Rl — 4000 — Small Lot Single Family Residential Medium Density Residential R2 — Limited Multiple Family Residential SO — Specific Development P — Professional Professional /Admin. Office SO — Specific Development OZ — Overlay Zone P — Professional C1 — Community Commercial C1 — MD — Community Commercial /Museum Dist. C2 — General Commercial General Commercial District C4 — Planned Shopping Center C5 — Arterial Commercial CR — Commercial Residential SO — Specific Development SP — Specific Plan OZ — Overlay Zone P — Professional C2 — General Commercial C4 — Planned Shopping Center District Center C5 — Arterial Commercial CR — Commercial Residential SO — Specific Development OZ — Overlay Zone SP -- Specific Plan SO — Specific Development Urban Neighborhood OZ — Overlay Zone SP — Specific Plan M1 — Light Industrial Industrial M2 — Heavy Industrial SO — Specific Development Institutional 0 — Open Space GC — Government Center Open Space 0 — Open Space Source: Santa Ana Zoning Ordinance, as amended. A -30 75A -57 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. Redevelopment Plans. The City will apply redevelopment tools associated with the implementation of the adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A -4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the ly +_%-68-units possible in the areas designated as District Center to the existing 74,588 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all ofthe areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in Table A -4, three of the non - residential land use designations have a range in FAR intensities. For the non - residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. CITY OF SANTA ANA GENERAL PLAN 75A-58 A -33 LAND USE ELEMENT As indicated in Table A -4, between 72,255 q4,4�56 to 91,481 4,44§housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple - family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 33,678,013 47-,6-7 0 i square feet of commercial and office development, and 42,199,991 4,—square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A -34 75A -59 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Table A -4 Land Use Plan Build -out Capacities FAR—floor area ratio; d.u.= dwelling unit; s.f.= square feet (of floor ama). Acreage shown in table does not include roads in right -of -way. t Effective capacity for non - residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas. The Harbor Corridor District Center Metro East District Center, Transit Village District Center, Downtown Distri ct Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non- residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 15,168 0 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. P Land use designation permits both residential and non - residential development. Build -out assumes 90% of land ama will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. � %1_Lj CITY OF SANTA ANA GENERAL PLAN 75 A-60 A -35 Intensity/ Effective Buildout' Theoretical Land Use Residential Acres I Dansftf Buildout Low Density Residential LR -7 7 du /ac 221 6 4 44546 du Low Medium Density Residential LMR -11 43&-7 du /ac 4-,7-74 420.6 4 627 du Medium Density Residential MR -15 8 du /ac 367 15 5 du Subtotal 7,276.7• 7 248.3 Non Res. 89,755 91 481 or Non-Res. 55,699 55 362 du Mixed Use District Center Res. Res. Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 si 2,761 du Harbor Corridor DC 125.0 FAR 1.0 1.836.155 sf 2,029 du 1,836,155 s 2,029 du Other' DC 309.5 90 du Me 11,955,583 sf 3,017 du 23,764,534 s 3,017 du FAR 1.0 -2.0 Urban Neighborhood UN 4'� FAR 0.5 -1.5 �8 4,47E ;24,249 4477 271.1 856.076 sf 4 771 du 856.076 s 4 271 du Subtotal 666:7 48,385,785 15 68 38;4 - 94;656 45 69 Commercial 91y8 18.710.393 sf 19790 du 32.162.638 -s 19790 du Professional & Admin. Office PAO 633.0 FAR 0.5 -1.0 13,787,219 sf 27,574,438 sf General Commercial GC 8, 6 FAR 0.5 -1.0 19.347.607 sf 38.695.202 sf One Broadway Plaza District Ctrs OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal 4,78619 1 525.6 33,660`0? 33.678.013 sf ,""°"' 67.356.026 sf Industrial IND 215H FAR 0.45 42,199.991 sf 42.199.991 sf r Institutional' INS 796.3 FAR 0.2 -0.5 6,937,758 sf 17,344,394 sf Open Space OS 1,017.8 FAR 0.2 8,867,509 sf 8,867,509 sf Subtotal 1,814.2 1 15,805,267 sf 26,211,903 sf FAR—floor area ratio; d.u.= dwelling unit; s.f.= square feet (of floor ama). Acreage shown in table does not include roads in right -of -way. t Effective capacity for non - residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas. The Harbor Corridor District Center Metro East District Center, Transit Village District Center, Downtown Distri ct Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non- residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 15,168 0 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. P Land use designation permits both residential and non - residential development. Build -out assumes 90% of land ama will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. � %1_Lj CITY OF SANTA ANA GENERAL PLAN 75 A-60 A -35 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Ana Planning Division Adopted My 6, 1998 (Reformatted January 2010) This document includes revisions to the Urban Design Element adopted by City Council Date Pending (GPA2014 -02), March 19, 2007 (GPA 2007 -01) and as passed by the voters of Santa Ana April 5, 2005 (GPA 2004 -01). 75A -61 75A -62 URBAN DESIGN ELEMENT Exhibit 4 City Form Map District Neighborhoods Paths: Traveling Routes ® Nodes: Destination Points Focus Intersections: Local Apex ® Landmarks: Focal Points ® Gateways: Arrival Points City Limits I ) N 0 0.6 1.2 Miles r CITY OF SANTA ANA GENERAL PLAN 75A-63 21 �0%\) URBAN DESIGN ELEMENT Exhibit 7 Nodes Main Place Mall Main St. Concourse MacArthur Place Hutton Center South Coast Bristol Civic Center Downtown /4th St./Artist Village One Broadway Plaza Bowers Museum 10. Tustin Ave., South of 17th St. 11. Santa Ana Zoo 12. Centennial Park 13. Willowlck Golf Course 14. Bristol Marketplace 15. Rancho Santiago College 16. Regional Transportation Center 17, Metro East 18. Habor Corridor Plan CITY OF SANTA ANA GENERAL PLAN 75A-64 29 • — City Limits 0 0.6 1.2 Miles �0%\) ExhiW18 Focus Intersections URBAN DESIGN ELEMENT •. �I]F(iP YY ifl _ B i•3 WRMR A4 _ _ 6 .■ 4 c �e f '4 IV I Md 111 IMPA ST No 171h A. I! iprki up lmw }. F4..St WWFw St. Q r4 r pd CYC #Aw. ... City Ll"j% !. Mr R. w4(* Aw. IL ilni S ..M FLitc. lAd l Wn ST, wl Wa A' . K MY mw "mcwdt Ax. y (,"A" pfd 17M St FS HpixY. w,d 1 9 .� [M G1M!O G1 i. ErM Sl.rdirxew Sl s Mwd SI. wlEd.glu Aw I eW Yr il. IT 0 MAI -. f0. Fekwew St u4 EdYprr Ax 14114 W. � ,. Y 4LC1f ,1 L._. J •. �I]F(iP YY ifl _ B i•3 WRMR A4 _ _ 6 .■ 4 c �e f '4 IV I Md 111 IMPA ST No 171h A. I! iprki up lmw }. F4..St WWFw St. Q r4 r pd CYC #Aw. ... City Ll"j% !. Mr R. w4(* Aw. IL ilni S ..M FLitc. lAd l Wn ST, wl Wa A' . K MY mw "mcwdt Ax. y (,"A" pfd 17M St FS HpixY. w,d 1 9 6. iYwl Ayp.nO F.M# i. ErM Sl.rdirxew Sl s Mwd SI. wlEd.glu Aw 9. OrtirtN 4l.rCF.W Sf. 0 MAI -. f0. Fekwew St u4 EdYprr Ax 75A -65 URBAN DESIGN ELEMENT SPECIFIC PLANS AND OVERLAY ZONES Certain areas of the City are unique and these areas lend themselves to the development of a specific plan. Currently, specific plans have been prepared for three areas of the City and include the Bristol Specific Plan, the North Harbor Mixed Use Transit Corridor Specific Plan, and the Midtown Specific Plan. These Specific Plans advance General Plan policies to a higher level of detail not typically found in a general plan element. These Specific Plans, as well as the Metro East Mixed Use Overlay Zone, help to implement the Urban Design Element's objectives by applying urban design principles in future development these documents govern. A 75A -66 CITY OF SANTA ANA GENERAL PLAN URBAN DESIGN ELEMENT Seventeenth Street The Seventeenth Street corridor has been incrementally developed over the years and includes strip development and outdoor malls scattered along the length of the roadway In fact, these uses are so prevalent that they create segments of inconsistency. The entire length of this heavily traveled corridor has a tremendous potential to convey strong community images. The mixture of new and old, adjacent to one another, may provide an opportunity to define the public streetscape for the enjoyment of pedestrians and people traveling vehicles along the roadway. The segment of Seventeenth Street, between Grand Avenue and the Costa Mesa Freeway, provides a strong sense of place. The streetscape is strengthened by the consistency of one and two story structures flanked by a wide landscaped setback. The visual appearance of this has been seriously compromised, by the removal of street trees along the roadway. This corridor offers opportunities for several gateway elements intended to distinctly define and project the community's image at the regional level. Harbor Boulevard Harbor Boulevard, like Main Street, is a linear path composed of both commercial and industrial segments along its length. The commercial development is located between Seventeenth Street and Edinger Avenue and is characterized by an eclectic mix development, building styles and public improvements. There are no public spaces located along the corridor to create a positive visual impression. The industrial component, on the other hand, projects a better visual experience. The consistent building massing and streetscape features together create a park -like environment with good potential for an attractive path image. The vision created by the Harbor Mixed Use Transit Corridor Specific plan will promote a mix of land uses and streetscape improvement to transform this major path. Bristol Street Bristol Street is also a linear roadway and its character is similar to Seventeenth Street except for a narrower right -of -way. Bristol Street lacks sites with well defined character and buildings with interesting design features. The variety of building sizes, setbacks, and construction types along this corridor has been a challenge to creating a definitive character. The poor affinity between the various activities along this path also hinders opportunities to develop supporting pedestrian linkages because these activities do not complement each other. The Bristol Street Widening Project and Specific Plan promote the creation of continuous linkages between individual developments. The proposed characteristics of the new Bristol Street are such that it will become part of the adjacent districts rather than a district in itself. The rationale for this widening is CITY OF SANTA ANA GENERAL PLAN 75A-67 A-1 1 The challenge is to provide the goods and services demanded by people and to do it in such a way that enhances their living environment. �0%\) AA 2014 -01 PROPOSED ZONING DISTRICT AMENDMENTS HARBOR CORRIDOR PLAN - - -500 FEET 7-1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y 7LIiN, -0 - -�_ - -__ GARDEN GROVE - - - vEs"iN°TE'n PIE - w 17TH ST -- LEGEND: 1 = A- SP2toR2 B - C2 to SP2 - -- _ C- SP2 toR1 D- SP2 to0 SP2 HAZARD AVE C Willuwck �n Golf Course D STN ST' -- - A SANTA APIA S1 ST R c o e MCFADDEN AVE i FC, NTAIN VA LLE7 i EDINGER AVE _ AA 2014 -01 PROPOSED ZONING DISTRICT AMENDMENTS HARBOR CORRIDOR PLAN - - -500 FEET 7-1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y 7LIiN, -0 EXHIBIT 7 Final Environmental Impact Report The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana. CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa- ana. org/ harbori)lan/ HarborPlanEnvironmentalDocs.asp 75A -69 EXHIBIT 8 Response to Comments /EIR Revisions The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http:// www. santa-ana.org/ harborplan/ HarborPlanEnvironmentalDocs.asp 75A -70 EXHIBIT 9 Mitigation, Monitoring and Reporting Program The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 • City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 • http: / /www.santa- ana.org/ harborplan/ HarborPlanEnvironmentalDocs.asp 75A -71 EXHIBIT 10 Finding of Fact and Statement of Overriding Considerations The exhibit referenced above can be viewed at the following locations: • Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 • City Hall - Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 http: / /www.santa- ana.org/ harborplan/ HarborP[anEnvironmentalDocs.asp 75A -72 q MT-713 REVISE059ro7 Page 1 of 3 VI I O WESTMINSTER AV WESTMINSTER AV JIlt�lll� R= IL = ; D R2 q SO 0] $ O 45Pp R1 W _ m Az R1 R1 1 Q MI _ �= I zUMS'AEPrAV sullyvlgv FFIT _ _ wPE5505T �� F n` IS R+ Ri _ R1 'R1 r P1 Ri g Q Ri p MowBlmsgEAV 4'ogM q : =:: LL r Wpflus.BLVF v i~ 1� ZMOPXINeYOE qv__ i. / // i RI McpNINEeNE4V w.. 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R3 RJ II ^ u AN R2 R2 o ��■ ISO ["s81 114IM RIVER il,Ill�l s-xtSM' SP3 1 €:2JI lIfP' 11[SP218 mid V- 1♦ ■� R m `Pr• R2 R2 R3 AT R2 =M 0. DO _ R2 21• 1011 [Bail 010 qsB :q III[IIR:D 1 ST ST —� 1ST ST WESTMINSTER AV MME 3 RA W ¢'.. > X RI < _ urx zr RI g ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS -3a1 R2 _ R1 iom ST �1 III .T nnc- IxxerN rT 6TH 11 IRD IT SECTIONAL DISTRICT MAP 10 -5 -10 SI IN TEST 1,I AA 1CV1 ADOPTED BY THE SANTAANA CITY COUNCIL, JULY 20, 1959 BY ORDINANCE NS -3a1 Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT fib .OT..'AG9 "6000 wINI... 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C3 -p CENTRAL BUSiNESSARTISTS'VILJAGE X1 OPEN SPACE rwwa.r o i 4 i.•zy°h Rl m x AZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT IwgTE�aR as C5 ARTERIAL COMMERCIAL m,irtA.i:rn n PROFESSIONAL WU IT SPECIFIC PLAN Er =curNen�noR ou..mL.as,nwr...asD�c a4a x v`o Y�RI "T9 Rl PLANNED COMMUNITY DEVELOPMENT R1 xeaq fi Rl rIB 3D3] Gt AID a.umla nsr R1 Es IAA,IA.I( xa GEBBDN IT 3 Rt - R1 Rl CS Rl - C5 x N_... _ R' Rl _ _ PH R1 _ J _ ... _ ie Al z R1 Ri ° ?� Rl u 0.1,,. - RI oA j u J F L p_ Ri J "a Rt ` -2 Rl Rl x url zA 'Pill 'v LA TERN, , 4 v[axegy. T aE ar 1 I A 4 veiirvfAV TT1rtI�rt�ev - -!Y- v SECTIONAL DISTRICT MAP 15 -5 -10 • • ADOPTED BY THE SANTAANA CITY COUNCIL. JULY 2S 1959 BY ORDINANCE NS -3B1 60. 6060 mirvlmum wrAreCA EA Al GENERAL AGRICULTURAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOORAREARATO PRO PLANNED RESIDENTIAL DEVELOPMENT Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE -FAMILY RESIDENCE RePis TREOmcutsecnaxgt Is TNEDm PI.SAANA Cl -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWO - FAMILY RESIDENCE RESALNASAu oRa DBVCmcoAxcn DDxxO ]"" DAlE011- �3 -]a,l C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL ft3 MULTIPLE- FAMILY RESIDENCE HERENYATTESTXTm qAP lsamuE C3 CENTRAL BUSINESS MO MIUTARY OPERATONS R4 SUBURBANAPARTMENT AP Cr T6B GRI. EEDn..IImmT o ISS]o. C3 -p CENTRAL BUSiNESSARTISTS'VILJAGE 0 OPEN SPACE RE RESIOENTAL ESTATE C4 PLANNED SHOPPING CENTER AZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT onxn C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN Er =curNen�noR ou..mL.as,nwr...asD�c OR COMMERCIAL RESIDENTIAL POD PLANNED COMMUNITY DEVELOPMENT rIB 3D3] a.umla Es IAA,IA.I( xa DDgE NE E. 1.1 IA H nxy Np 5 - 5501 SBIe - - SBiI SBR I-1 1111 N5895 V... 4111 TI X 6111] NSIIIB M 0i N5 tE ]l AI]-]1, I 1.1111 6'Em SECTICON.Ok IL PARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA t I7w] 75A -76 ROH — 09/16/14 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2014 -01, AND APPROVING MITIGATION MONITORING AND REPORTING PROGRAM, CEQA FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED FOR THE PROPOSED HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2). B. An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in December of 2010 with an informational open house held at the Plumbers & Steamfitters Union Building there have been a total of 25 community meetings and public hearings. C. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on April 18, 2014, with the review period ending on June 2, 2014. D. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted a public meeting on May 12, 2014 in order to allow the public to provide oral testimony on the Draft EIR. E. The City received a total of 11 written comment letters and evaluated all comments received from the persons or agencies that reviewed the Draft EIR. The City provided written responses to all agencies and members of Resolution No. 2014 -xxx 75A-77 Page 1 of the public commenting on the Draft EIR at least ten days prior to certification of the EIR. F. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR. G. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014 -02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014 -01. H. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. I. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. J. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2), including an explanation of the rationale for each finding. K. While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that, under a long -term, full build -out scenario, implementation of the Harbor Corridor Plan would result in significant and unavoidable impacts to air quality. L. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) outweigh the significant and unavoidable impacts identified in the EIR. M. The City has prepared a Mitigation Monitoring and Reporting Program in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15097 to ensure compliance with the mitigation measures identified in the EIR during project implementation and operation. Resolution No. 2014 -xxx 75A -78 Page 2 of 6 Section 2. The City Council of the City of Santa Ana further finds, determines and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project, and is incorporated herein by this reference as though set forth in full herein. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A" and incorporated herein by this reference as though set forth in full herein. C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B" and incorporated herein by this reference as though set forth in full herein. D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. Pursuant to Title XIV, California Code of Regulations (CCR), Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The Harbor Mixed Use Transit Corridor Specific Plan (SP -2) exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2) and Title XIV, CCR § 753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. This Resolution shall not be effective unless and until Resolution No. 2014 -xxx, Ordinance No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. 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, Resolution No. 2014 -xxx 75A-79 Page 3 of 6 subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan 0. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 -xxx 75A -80 Page 4 of 6 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 10 Resolution No. 2014 -xxx 75A -81 Page 5 of 6 Exhibit "B" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 9 Resolution No. 2014 -xxx 75A -82 Page 6 of 6 ROH — 09/16/14 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE ELEMENT AND URBAN DESIGN ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA ANA TO CHANGE THE LAND USE DESIGNATIONS IN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) TO DISTRICT CENTER (DC) OR URBAN NEIGHBORHOOD (UN) (GPA NO. 2014 -02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. B. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. C. General Plan Amendment No. 2014 -02 has been filed with the City of Santa Ana to change the land use designations in the Harbor Corridor Plan project area to District Center (DC) or Urban Neighborhood (UN). Each of these two land use designations allow and encourage mixed use development to create a vibrant, active living environment. The District Center land use designation is proposed to align with the transit nodes, where higher intensity and density is encouraged in close proximity to transit stations. The Urban Neighborhood land use designation will apply to primarily to residential and mixed use areas, with pedestrian oriented commercial uses, schools and small parks. In addition, General Plan land 75A -83 Resolution No. 2014 -xxx Page 1 of 5 use designations are proposed in conjunction with the areas reverting back to convention zoning, creating additional Medium Density Residential (MR -15) in keeping with the existing land uses and lot characteristics. D. Approval of General Plan Amendment No. 2014 -02 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). E. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. F. For these reasons, and each of them, General Plan Amendment No. 2014- 02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. G. At the duly noticed public hearing held on September 16, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the September 16, 2014, meeting, the City Council also adopted an ordinance approving amendments to various zoning designations (AA No. 2014 -01), and adopted an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2014 -01). This resolution incorporates by reference, as though fully set forth herein, the ordinances, resolution and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this resolution. Section 2. The City Council hereby approves General Plan Amendment No. 2014 -02. In addition to the amendment to the General Plan Land Use Plan maps, various text and maps in the General Plan Land Use Element and Urban Design Element are updated to reflect the buildout and urban form detailed in the Harbor Corridor Mixed Use Specific Plan, and maintain consistency with the City's General Plan vision. The General Plan Land Use Designations and General Plan Land Use and Urban Design Element Amendments are hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (GPA No. 2014 -02). 75A -84 Resolution No. 2014 -xxx Page 2 of 5 Section 3. This Resolution shall not be effective unless and until Resolution No. 2014 -xxx, Ordinance No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. 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 Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014 Miguel A. Pulido Mayor 75A -85 Resolution No. 2014 -xxx Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A -86 Resolution No. 2014 -xxx Page 4 of 5 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 5 75A -87 Resolution No. 2014 -xxx Page 5 of 5 75A -88 ROH — 09/16/14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC PLAN NO. 2 OF THE SANTA ANA MUNICIPAL CODE (SP -2) AND ADOPTING THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (ZOA 2014 -01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The changes to the zoning code are to facilitate the implementation of the Harbor Mixed Use Transit Corridor Specific Plan through the amendment of the existing North Harbor Boulevard Specific Plan (SP -2). The changes include a revision to the existing SP -2 boundaries, and includes a Land Use Plan, Development Standards, a Mobility Plan and Design Guidelines. B. On August 25,'2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. C. The Planning Commission also recommended that the design of bicycle and pedestrian travelways be given additional consideration. Thus, the street cross - section designs were removed from the Plan and replaced with illustrative conceptual images, and text added that final design of the street cross - section will be determined during the process of the Public Realm Improvement Implementation Program. Other minor modifications to the Plan included the clarification of definitions for housing types, required bike parking, and the enhanced design of parking structures facing Harbor Boulevard. Ordinance No. NS -xxx Page 1 of 5 75A -89 D. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014, and at that time considered all testimony, written and oral. E. Zoning Ordinance Amendment No. 2014 -01 has been filed with the City of Santa Ana to adopt the Harbor Mixed Use Transit Corridor Specific Plan, which allows for mixed -use development with an emphasis on residential and commercial use that would allow development to occur per the following zone designations: Transit Node (TN) District; Corridor (CDR) District; Neighborhood Transitional (NT) District; and, Open Space (OS) District. Other highlights of the Harbor Corridor Plan standards include the concept of reduced onsite parking requirement near transit hubs, and design features that promote pedestrian and bicycle friendly environments. Finally, the code establishes detailed development standards for building and parking location, building massing and open space, and regulates other architectural standards, such as a building's connectivity to the street, that translate into increased quality of life for the building occupants and the community. F. Approval of Zoning Ordinance Amendment No. 2014 -01 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). G. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014 accompanying this matter. H. For these reasons, and each of them, Zoning Ordinance Amendment No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. I. At the duly noticed public hearing held on September 16, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the September 16, 2014, meeting, the City Council also adopted a resolution amending the City's general plan (GPA No. 2014 -02), and adopted an ordinance approving amendments to various zoning designations (AA No. 2014 -01). This Ordinance No. NS -xxx Page 2 of 5 75A -90 ordinance incorporates by reference, as though fully set forth herein, the ordinance, resolutions and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. Specific Plan No. 2 (SP -2) is hereby amended as set for in Exhibit "A" attached hereto and incorporated as though fully set forth herein (ZOA 2014 -01). Section 3. This Ordinance shall not be effective unless and until Resolution No. 2014 -xxx, Resolution No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of J2014 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BV: Ryan 0. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A -91 Ordinance No. NS -xxx Page 3 of 5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -xxx Page 4 of 5 Clerk of the Council City of Santa Ana 75A -92 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT - EXHIBIT 3 Ordinance No. NS -xxx Page 5 of 5 75A -93 75A -94 ROH — 10/07/14 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING CERTAIN PROPERTIES TO THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP -2) BOUNDARIES; AND, REMOVING CERTAIN PROPERTIES FROM THE SP -2 ZONING DESIGNATION AND CHANGING THE ZONING FOR THOSE REMOVED PROPERTIES (AA NO. 2014 -01) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. On August 25, 2014, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt a resolution certifying the Final Environmental Impact Report No. 2014 -01, to approve the mitigation monitoring program, findings of fact, and statement of overriding considerations for the Harbor Mixed Use Transit Corridor Specific Plan. 2. Adopt a resolution approving General Plan Amendment No. 2014- 02. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2014 -01. 4. Adopt an ordinance approving Amendment Application No. 2014- 01. B. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) on September 16, 2014. At that meeting, the City Council continued the matter to October 7, 2014, so that the plan could be revised to reflect the City Council's new policy decisions. On October 7, 2014, the City Council continued the public hearing, and at that time considered all testimony, written and oral. C. Amendment Application No. 2014 -01 has been filed with the City of Santa Ana to remove 120 acres from the SP -2 zoning designation, primarily in and around the Willowick Golf Course, and change the zoning district for those properties to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). These proposed zone changes are generally in keeping with the existing land uses and subdivision lot patterns. In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are proposed to be added to SP -2 boundaries. Ordinance No. NS -xxx 75A -95 Page 1 of 5 D. Approval of Amendment Application No. 2014 -01 supports the City's efforts to meet Goal #3 Economic Development, Objective #2 Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #4 (Support neighborhood vitality and livability). E. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 16, 2014, and the Request for Council Action dates October 7, 2014, accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. G. At the duly noticed public hearing held on October 7, 2014, the City Council, by resolution, certified that Final Environmental Impact Report No. 2014 -01, prepared for the proposed Harbor Mixed Use Transit Corridor Specific Plan (SP -2), was completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.), was presented to the City Council for review and consideration, and reflects the City of Santa Ana's independent judgment and analysis; and, approved the Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations. At the October 7, 2014, meeting, the City Council also adopted a resolution amending the City's general plan (GPA No. 2014 -02), and adopted an ordinance approving amendments to various zoning provisions of Santa Ana Municipal Code Chapter 41 (ZOA No. 2014- 01). This ordinance incorporates by reference, as though fully set forth herein, the ordinance, resolutions and the Final Environmental Impact Report, Mitigation Monitoring Program, CEQA Findings of Fact and Statement of Overriding Considerations, and all of their respective findings and conclusions in support of this ordinance. Section 2. Pursuant to the adoption of the Harbor Mixed Use Transit Corridor Specific Plan, 120 acres from the SP -2 zoning designation, primarily in and around the Willowick Golf Course, is hereby reclassified from SP -2 to Single Family Residential (R1), Two - Family Residential (R2), or Open Space (0). In addition, a few properties along Fifth Street currently zoned Community Commercial (C2) are hereby reclassified to be added to the SP -2 boundaries. Amended Sectional District Map numbers 9 -5 -10, 10 -5 -10, and 15- 5-10 showing the above described changes in use district designation, are hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. (AA No. 2014 -01). Section 3. This Ordinance shall not be effective unless and until Resolution No. 2014 -xxx, Resolution No. 2014 -xxx, and Ordinance No. 2014 -xxx become effective. If said Resolutions and Ordinance are for any reason held to be invalid or Ordinance No. NS -xxx Page 2 of 5 75A-96 unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, this is Ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2014 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Ordinance No. NS -xxx 75A-97 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -xxx Page 4 of 5 75A -98 Exhibit "A" SEE PLANNING COMMISSION STAFF REPORT- EXHIBIT 11 Ordinance No. NS -xxx 75A-99 Page 5 of 5 75A -100 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 7, 2014 TITLE: COUNCIL AGENDA ITEM — RESOLUTION IN SUPPORT OF EXERCISING PROSECUTORIAL DISCRETION TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY {STRATEGIC PLAN NO. 5, 6} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1b` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Council consideration of resolution as proposed by Councilmembers Benavides, Amezcua and Reyna. DISCUSSION Council Agenda Items are authorized pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5, Community Health, Livability, Engagement & Sustainability, Objective 6. Focus projects and programs on improving the health and wellness of all residents. FISCAL IMPACT There is no fiscal impact associated with this action. Attachment 85A -1 85A -2 09/24/14 SRC RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN ACCORDANCE WITH AND AS A COROLLARY TO SANTA ANA RESOLUTION NO. 2013 -023 EXPRESSING SUPPORT FOR COMPREHENSIVE FEDERAL IMMIGRATION REFORM, NOW FURTHER URGING IMMIGRATION CUSTOMS ENFORCEMENT, SECRETARY OF HOMELAND SECURITY JEH JOHNSON, AND PRESIDENT OBAMA TO PROTECT OUR FAMILIES FROM DESTRUCTIVE AND NEEDLESS IMMIGRATION DEPORTATIONS BY EXERCISING PROSECUTORIAL DISCRETION TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY SUCH AS SANTA ANA RESIDENT SAMUEL SIXTOS A #095 - 735 -387 CURRENTLY DETAINED AT THE ADELANTO DETENTION FACILITY WHEREAS, the City Council of the City of Santa Ana, on May 20, 2013, unanimously approved Resolution No. 2013.023 in support of comprehensive federal immigration reform, attached hereto and incorporated by reference herein; and WHEREAS, in approving Resolution No. 2013 -023. the City specifically recognized the economic, social and cultural contributions immigrants bring to their communities and, in particular, to the City of Santa Ana, that family unity is a component of a strong economy, and re- unification of families has ben a key part of federal immigration policy for almost fifty years; and WHEREAS, the rise in deportations under the current immigration system harm living conditions of U.S. Citizen children of undocumented parents who have been deported or face deportation; and WHEREAS, the consequences of such separation of children from parents are cruel as they are left in situations of financial instability without parental guidance; and WHEREAS, it is necessary to exercise prosecutorial discretion to community members who are parents of U.S. Citizen children, do not have criminal records, and pose no threat to our country; and WHEREAS, Samuel Sixtos A #095735387 is a Santa Ana resident, is parent to Haydee Sixtos who is a 6 -year old U.S. Citizen child, has no major criminal record and poses no threat to society; and WHEREAS, Samuel Sixtos A #095735287 has immense congressional support from Congresswoman Loretta Sanchez (D- 46th), Congressman Alan Lowenthal (D-47 1h) CA State Senator Lou Correa and the entire CA Latino Legislative Caucus chaired by CA State Senator Ricardo Lara. 85A -3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana, California, hereby finds, determines and declares as follows: In accordance with and as a corollary to Resolution No. 2013 -023, expressing support for comprehensive federal immigration reform, now further urging Immigration Customs Enforcement, Secretary of Homeland Security Jeh Johnson, and President Obama to protect our families from destructive and needless immigration deportations by exercising prosecutorial discretion to individuals with no serious criminal history such as Santa Ana resident Samuel Sixtos A #095 - 735 -387 currently detained at the Adelanto Detention Facility. Section 2: The Clerk of the Council is directed to send this Resolution to the President of the United States, Secretary of Homeland Security Jeh Johnson, Immigration and Customs Enforcement Los Angeles Field Director David Jennings, and the Honorable Members of the 113th Congress representing the City of Santa Ana. Section 3: The Clerk of the Council shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of October 2014. APPROVED AS TO FORM: By: Sonia R. Carvalho City Attorney Miguel A. Pulido Mayor 85A -4 Resolution No. 2014 - Page 2 of —2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 85A -5 Resolution No. 2014 - Page 2 of 2 FOOPM