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FULL PACKET_2015-01-20
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 16, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA (5:19 p.m.) P. DAVID BENAVIDES (5:19 p.m.) MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:16 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 • Alitzel Velasco, spoke in opposition to propose bonus for City Manager; City in need of social programs. • Omar De La Riva, opposed to proposed bonus; suggested another year before matter considered; also concerned with intimidation of security and use of wands at City Council meeting. • Marco Zeferino, concerned with proposed bonus, opined that City services would benefit from funds. • Marcos Rodriguez, no bonus for City Manager, City has low income residents; community in need of safe bike lanes. • Madeleine Spencer, commented on efforts by previous Interim City Manager that allowed community to have additional funds for parks and recreation; opined that bonus not merited after a year; expense accountability has not been shared with community. CITY COUNCIL AGENDA 1 DECEMBER 16, 2014 1 0A -1 COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:27 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: 2. 3. Lawrence Coleman v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9220544 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Employee Organizations: City Manager, David Cavazos Executive Management (EM) PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Planning and Building Agency Director. CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:26 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL AGENDA 2 DECEMBER 16, 2014 1 0A -2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:28 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO 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 ISAIAH DIAZ AND MARTIN SALDANA, WASHINGTON ELEMENTARY SCHOOL DAVID MITCHELL, POLICE CHAPLAIN SPECIAL PRESENTATION to Police Chief Rojas by California Highway Patrol (CHP). CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to the Saddleback High School Football team for advancing to the 2014 CIF playoffs. Coaches: Head Coach /Athletic Director - Rob Thompson, Offensive Coordinator - Paul Carnegie, Offensive Line Coach - Jerry Witte, Defensive Line Coach - Manny Villa, Linebackers Coach - Pati Tanielu, Quarterbacks Coach - Ramon Saavedra, Defensive Backs Coach - Rory Carpenter, Strength and Conditioning Coach - Ricardo Rosas Players: Hector Barcenas, Jose Benitez, Jesse Cortez, Antonio Davalos, Jonathon Duran, Giovanni Estrada, Eddie Flores, Emilio Garcia, Frankie Garcia, CITY COUNCIL AGENDA 3 DECEMBER 16, 2014 1 0A -3 David Goodgame, James Herrera, Juan Huertas, Jacob Jimenez, Pedro Leon, Fernando Lopez, Anthony Luna, Giovanni Medina, Juan Medina, Jesus Morales, Jorge Munoz, Emanuel Oropeza, Eduardo Pasallo, Daniel Porras, Arturo Ramirez, Jonathan Reyes, Chris Rios, Luis Roldan, Alfredo Rosas, Johnny Rojas, Jesus Rosas, Bryan Salcido, Ken Sierra, Sam Tanielu, Chris Thorn, Jorge Valdez, Alexis Vega, and Osvaldo Zuno CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT - None CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 29A as recommended by staff, with the following modifications: • Councilmember Tinajero, pulled agenda Item 13A and 13C for separate action; • Councilmember Martinez, pulled Agenda Items 19C, 25A, 25B, and 25C for separate action; • Mayor Pro Tem Sarmiento abstained on Agenda Item 25B due to an economic conflict of interest (represent business owner); • Mayor Pulido, abstained on Agenda Item 25B out of an abundance of caution (proximity to family business); and • City Manager Cavazos noted that staff recommends a continuance on Agenda Item 25A. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS CITY COUNCIL AGENDA 4 DECEMBER 16, 2014 1 0A -4 MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 2, 2014 - (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE SPECIAL MEETING OF DECEMBER 9, 2014 - {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 1 Councilmember Tinajero proposed amended motion, seconded by Sarmiento to reappoint 1 -5 and 7, as follows: Name Board /Commission 1. Mike McGee Arts and Culture Commission 2. Erika Carranza Board of Recreation & Parks 3. Carl Benninger Environmental & Transportation Advisory Committee 4. Alberta D. Christy Historic Resources Commission 5. Enrique Adame Personnel Board 7. Anais Benavides Youth Commission, Associate Councilmember Benavides noted that as a courtesy the nominees have been approved by the City Council. Councilmember Benavides, introduced a substitute motion, seconded by Councilmember Reyna, as follows: SUBSTITUTE MOTION: members. MOTION: Benavides VOTE: AYES Approve all board and commission SECOND: Reyna Amezcua, Benavides, Reyna (3) CITY COUNCIL AGENDA 5 DECEMBER 16, 2014 1 0A -5 NOES: Martinez, Pulido, Sarmiento, Tinajero (4) ABSTAIN: None (0) ABSENT: None (0) Substitute motion failed. Council discussion continued. Councilmember Tinajero, commented that planning commissioners held to high standards; member nominated for re- appointment has not complied with bylaws. Councilmember Reyna, noted that goal is to allow representatives and voices of the community at the table, important to respect opinions. Mayor Pro Tern Sarmiento, indicated that courtesy extended to nominating Councilmember; concerned because there is cause; issue with disclosure forms; commissioners held to higher standard; commissioners serve at the pleasure of the Council and some have been removed in the past for lesser cause; reportable documents that are mandated should be filed; City Council has discretion not to reappoint. Councilmember Benavides, requested clarification on Ex Parte Communication form that was not filed; commissioner has filed all required forms to date. City Attorney Carvalho, indicated that commissioner has submitted all Ex Parte contact forms as required by the Planning commission; explained purpose of forms and also Fair Political Practices Commission form as required. Mayor Pro Tern Sarmiento requested clarification from City Attorney on purpose of Ex Parte Communication form. Council voted on original amended motion. AMENDED MOTION: Reappoint 1 -5 and 7. Name 1. Mike McGee 2. Erika Carranza 3. Carl Benninger Advisory Committee 4. Alberta D. Christy 5. Enrique Adame Board /Commission Arts and Culture Commission Board of Recreation & Parks Environmental & Transportation Historic Resources Commission Personnel Board 7. Anais Benavides Youth Commission, Associate CITY COUNCIL AGENDA 6 DECEMBER 16, 2014 1 0A -6 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Martinez, Pulido, Sarmiento, Tinajero (4) NOES: Amezcua, Benavides, Reyna, (3) ABSTAIN: None (0) ABSENT: None (0) 13B. NOMINATE SUSAN TUCHLER TO THE PERSONNEL BOARD, RECOMMENDED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVE FOR A TERM EXPIRING DECEMBER 11, 2018 (REPLACES J. RAMIREZ) (Strategic Plan No. 5, 11 - Clerk of the Council Office 13C. MOTION; Appoint Susan Tuchler to the Personnel Board (Ward 6 Resident). Councilmember Tinajero proposed amended motion, seconded by Martinez to re- appoint 1 -4; remove Adrian Sarmiento due to conflict with school schedule, he is unable to continue to serve Name Board /Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2. Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4. Sean Mill Planning Commission Ga Arlrinn Cnr.,w'Pn }n }h Commission, Associate Councilmember Benavides introduced a substitute motion, seconded by Reyna to reappoint 1 -3. Council discussion ensued. Councilmember Benavides, commented that Planning Commissioner nominated for re- appointment inappropriately used City logo for personal benefit and unethical. City Manager Cavazos clarified that Communications Manager had sent letter to commissioner on that matter. CITY COUNCIL AGENDA 7 DECEMBER 16, 2014 1 0A -7 SUBSTITUTE MOTION: Reappoint 1 -3. Name Board /Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2. Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4. Sean Mill „1 Planning Gemmissien 5. Adrian Sarmiente *h f nmmission;TCsS6eiate MOTION: Benavides SECOND: Reyna VOTE: AYES: Benavides, Reyna (2) NOES: Amezcua, Martinez, Pulido, Sarmiento, Tinajero (5) ABSTAIN: None (0) ABSENT: None (0) Substitute motion failed. Council voted on original amended motion. ��rrl�7�FCif�Ci ► . - .... ,, Name Board /Commission 1. Sandra "Pocha" Pena Arts and Culture Commission 2. Maricela Vallejo Board of Recreation & Parks 3. Mark S. McCoughlin Historic Resources Commission 4. Sean Mill Planning Commission S— Adrian Sarmiento -„ " wrmrm, ssieR, Asses:ate MOTION: Tinajero SECOND: Martinez VOTE: AYES: Amezcua, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: Benavides, Reyna (2) ABSTAIN: None (0) ABSENT: None (0) Councilmember Tinajero noted that if mistake made, need to rectify immediately to show integrity. Councilmember Amezcua, commented that Council responsible for communication with commissioners. CITY COUNCIL AGENDA 8 DECEMBER 16, 2014 1 0A -8 Councilmember Reyna, opined that all commissioners need to be held to the same standard, MISCELLANEOUS ADMINISTRATION 19A. W. 19C. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION, Approve, CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Lawrence Coleman v. City of Santa Ana; Workers' Compensation Appeals Board case #ADJ9220544; Settlement agreement in the amount of $52,868.79. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) City Council provided staff direction. EXCUSED ABSENCES — None HLY REPORT FOR N Councilmember Martinez thanked City Manager for providing monthly report and requested accountability matrix. MOTION: Receive and file the Strategic Plan Monthly Report for November 2014. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL AGENDA 9 DECEMBER 16, 2014 1 0A -9 ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING {STRATEGIC PLAN NO. 1, 3B} - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -111 - Recognizing $642,464 in Board of State and Community Corrections Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. 20B. APPROPRIATION ADJUSTMENT AND EXTEND PARTNERSHIP FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS COMPANY (STRATEGIC PLAN NO. 5, 2) - Public Works Agency MO TI ON: 1. Authorize the City Manager and Clerk of the Council to execute amendments to partnership agreements subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2014 -351 - With Southern California Edison to extend the term through June 30, 2016, and increase funding allocation by $70,000. AGMT NO. 2014 -352 — With Southern California Gas Company, to extend the term through June 30, 2016, and increase funding allocation by $28,000. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL AGENDA 10 DECEMBER 16, 2014 1 0A -10 APPROPRIATION ADJUSTMENT NO. 2015 -108 - Recognizing $70,000 and $28,000 in funding from Southern California Edison and Southern California Gas Company, respectively, and appropriating the same amount to the Public Works Administrative Services Contract Services- Professional account for fulfillment of the partnerships. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -033 - AMENDMENTS - DESKTOP COMPUTERS, LAPTOPS, MOBILE DEVICES & RELATED EQUIPMENT {STRATEGIC PLAN NO. 1, 2A; 2, 3D) (Parks Recreation & Community Services and Police Department) — Finance & Management Services MOTION: Amend the contracts terminating August 4, 2015 in an amount of $320,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors Direct Manufacturer: Value -Added Resellers: Dell Computer Corp. CDW Government, LLC, CherryStonelT, Inc., Insight Investments, Vology 22B. SPEC. NO. 14 -070 - COMMUNITY EDUCATIONAL AND PROMOTIONAL MATERIALS, EMPLOYEE YEARS OF SERVICE AWARDS, AND SILK SCREENING AND EMBROIDERY {STRATEGIC PLAN NO. 7, 2) - Finance & Management Services iviOTlOiv: Award a contract to L1cVicker and Associates, for aone- year period in an annual amount not to exceed $55,000, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 14 -086 - GLOCK FIREARMS {STRATEGIC PLAN NO.1, 5) (Police Department) - Finance & Management Services MOTION: Award a contract to Proforce Law Enforcement for the purchase of 215 Glock firearms in an amount of $24,500; and an additional $10,000 for an annual blanket order contract for a total amount not to exceed $34,500, subject to non - substantive changes approved by the City Manager and City Attorney. AGREEMENTS CITY COUNCIL AGENDA 11 DECEMBER 16, 2014 1 0A -11 25A. _ Matter continued from the November 18, 2014 City Council meeting by a vote of 6 -0 (Martinez absent). Mayor Pro Tern Sarmiento, noted that matter discussed at the Development and Transportation Committee; does not support concession agreement only consultant contract to evaluate assets. Councilmember Martinez, concerned with process; request legal analysis of contracts is included in agenda report. MOTION: Matter continued indefinitely at the request of staff. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SERVICES IN DOWNTOWN of - uvuimiiiiit,y uweioNrnerit Councilmember Martinez, asked if staff considering other locations; request matter be re- agendized for review by the Development Committee. City Manager Cavazos, indicated that no other location identified; Downtown Liaison will be reviewing alternative sites. MOTION: Authorize the City Attorney, City Manager, and Clerk of the Council to execute a license agreement with Supreme Parking Service for one year, starting January 1, 2015 with an option to extend the contract an additional two years, for a total of three years. Supreme Parking was selected based on qualifications and terms proposed. This contract will generate $500 per month at approximately $6,000 per year in revenue for the City. MOTION: Martinez SECOND: Reyna CITY COUNCIL AGENDA 12 DECEMBER 16, 2014 1 0A -12 25C. VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: Pulido, Sarmiento (2) ABSENT: None (0) ,1, &4,1 } -1 Water Resources Manager Nabil Saba, explained purpose and term of agreement. MOTION: Authorize the City Manager and Clerk of the Council to execute a Current Base Purchase Order Agreement with the Metropolitan Water District of Southern California to purchase (Refer to Attachment 2 for rates and charges) imported water during the 10- year period from January 1, 2015, through December 31, 2024, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarriento (6) None (0) None (0) Tinajero (1) 25D. AGMT NO. 2014 -355 - POWER WASHING AND SWEEPING AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SPEC. NO. 14- 079) (STRATEGIC PLAN NO. 6, 1, C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with TSCM Corporation, subject to non - substantive changes approved by the City Manager and City Attorney, for a two -year period ending December 31, 2016, with two one -year renewal options exercisable by the City Manager, in an CITY COUNCIL AGENDA 13 DECEMBER 16, 2014 1 0A -13 amount not to exceed $40,700 annually, which includes a $5,000 contingency. 25E. AGMT NO. 2014 -356 - WATER QUALITY CONSUMER CONFIDENCE REPORT {STRATEGIC PLAN NO. 1, 4} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Straightline Communications, subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring December 31, 2017, with one provision for a two -year renewal exercisable by the City Manager and City Attorney, in an amount of $40,000 per year, for a total not to exceed $120,000 for the agreement term. 25F. AGMT NO. 2014 -357 - ENGINEERING CONSULTING SERVICES FOR SANTA ANA DELHI DIVERSION PROJECT TO REMOVE ALL POLLUTANT LOADS TRANSPORTED BY NON- STORMWATER DISCHARGES IN THE DELHI AND SANTA ANA GARDENS CHANNELS {STRATEGIC PLAN NO. 5, 2} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with URS Corporation, subject to non - substantive changes approved by the City Manager and City Attorney, for a three -year period expiring December 2, 2017, with a provision for two one -year extensions exercisable by the City Manager, in an amount not to exceed $550,000. 25G. AGMT NO. 2014 -358 - AMENDMENT — SOFTWARE AND MAINTENANCE OF THE INOVAH CASHIERING SYSTEM AND PURCHASE OF HARDWARE AND SOFTWARE DEVELOPMENT OF AN IMAGE CASH LETTER (ICL) SOLUTION (STRATEGIC PLAN NO. 7, 5) - Finance & Management Services MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with System Innovators, a division of Harris Computer Corporation, for software support and maintenance related to the iNovah cashiering system, to increase the contract amount by $30,000 for purchase of hardware and software development of an Image Cash Letter (ICL) solution, subject to non - substantive changes approved by the City Manager and City Attorney. MISCELLANEOUS - BUDGET CITY COUNCIL AGENDA 14 DECEMBER 16, 2014 1 OA -14 29A. AMENDMENT TO THE BLANKET ORDER CONTRACT FOR MAINTENANCE PAINTING SERVICES TO CONTINUE THE ROSS ANNEX FIRST FLOOR REFURBISHING PROJECT {STRATEGIC PLAN NOS. 6, 2; 4, 11 - Finance & Management Services, Planning & Building Agency and Public Works Agency MOTION: Approve an increase of $1,685 in the blanket order contract with 1 Solorio, Inc., for a total amended contract amount of $26,685, to enable processing of the final outstanding invoice. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ORDINANCESIFIRST READING 50A. EMERGENCY ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE (SAMC) SEC. 33 -202 AND ADDING 33 -206 RELATING TO PAYMENT OF PREVAILING WAGES {STRATEGIC PLAN NO. 1, 3; 7,4) - City Manager's Office MOTION: Adopt an emergency ordinance. (Requires five affirmative votes) ORDINANCE NO. NS -2875 - AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 33 -202 AND ADDING 33 -206 TO THE SANTA ANA MUNICIPAL CODE RELATING TO PAYMENT OF PREVAILING WAGES MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: RESOLUTIONS 61*&]01BINa ere,, Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) CITY COUNCIL AGENDA 15 DECEMBER 16, 2014 1 0A -15 55A. RESOLUTION AUTHORIZING A JOINT APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR THE DEPOT AT SANTIAGO HOUSING PROJECT AT 923 NORTH SANTIAGO STREET {STRATEGIC PLAN NO. 5, 31 - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -084 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR DEPOT AT SANTIAGO; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: REPORTS SECOND: Sarmiento Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Martinez, Pulido, 65A. REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Councilmember Martinez, noted for the record that she will not seek reappoint on the Public Safety Committee, Legislative Committee or the Development & Transportation Committee. She would like to continue serving on the Finance, Economic Development and Technology Committee. AMENDED MOTION: Matter continued to the January 20, 2015 City Council Meeting. MOTION: Martinez VOTE: AYES: SECOND: Pulido Amezcua, Benavides, Martinez, Pulido, CITY COUNCIL AGENDA 16 DECEMBER 16, 2014 1 0A -16 Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 65B. REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office AMENDED MOTION: Matter continued to the January 20, 2015 City Council Meeting. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Pulido Amezcua, Benavides, Reyna, Sarmiento (6) Tinajero (1) None (0) None (0) Martinez, Pulido, 65C. PILOT HOMELESS PROPERTY STORAGE CHECK-IN CENTER AND ENHANCED PUBLIC RESTROOMS SERVICES {STRATEGIC PLAN 1, 1 G} - City Manager's Office The following addressed the City Council: • Susana Sandoval, representative of Community United for Environmental Justice, supports use of OCTA bus station and expanded restroom services. • Brizy Mae, supports storage facility and expanded restroom hours. • Carlos Brown, shelter to serve the members of the community; use of $96 million to provide needed services. • Massimo Marini, representing Civic Center Roundtable, supports recommendation #1, use of the OCTA Bus Shelter and extended restroom hours; opined that City should be example of homeless services. • Allyson Crosby, representing Illumination Foundation, supports check - in center and just treatment for homeless population. CITY COUNCIL AGENDA 17 DECEMBER 16, 2014 1 0A -17 Councilmember Martinez, supports use of OCTA; request hours of operation accommodate the needs of the users and not City Hall business hours; would like the site selection to occur regardless of County commitment. Mayor Pulido, believe there are restrictions with use of OCTA, City to consider the Armory and take pro- active approach in making it a multi- function site. MOTION: 1. AGMT NO. 2014 -359 - Authorize negotiations and City Manager authority to enter into an agreement with Mercy House for the operation of a pilot property storage check -in center for use by the homeless in the Civic Center vicinity and allocate a project budget of $54,500 for start -up costs and $136,000 for annual operating expenses for a total amount not to exceed $190,500, subject to approval by the City Attorney, with provision for a one - year extension exercisable by the City Manager. 2. Direct the City Manager to enter into negotiation with the Orange County Transit Authority and the County of Orange to amend the Memorandum of Understanding to extend the public restrooms hours at the Santa Ana Transit Terminal. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -112 - Recognizing $205,500 in general fund unassigned fund balance and allocate the same in the General Non - Departmental account. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PUBLIC HEARINGS SECOND: Benavides Amezcua, Benavides, Martinez, Reyna, Sarmiento, Tinajero (6) Pulido (1) None (0) None (0) 75A. PUBLIC HEARING: AUTHORIZING SUBMISSION OF GRANT APPLICATION TO CALTRANS ELDERLY & DISABLED PERSONS CITY COUNCIL AGENDA 18 DECEMBER 16, 2014 1 0A -18 SPECIALIZED TRANSIT PROGRAM AND DESIGNATING CITY'S SIGNATORY ON GRANT DOCUMENTS {STRATEGIC PLAN NO. 5, 2 & 2, 4) - Finance & Management Services and Parks, Recreation & Community Services Agency Legal Notice published in the Orange County Reporter on December 5, 2014. Mayor Pulido, opened the Public Hearing. There were no speakers or written communication. Mayor Pulido closed the Hearing. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -086 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING STAFF TO APPLY FOR FEDERAL TRANSIT ADMINISTRATION FUNDING PURSUANT TO 49 U.S.C. SECTION 5310 WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75B. PUBLIC HEARING - ESTABLISHING FEES FOR MEDICAL MARIJUANA REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT {STRATEGIC PLAN NOS. 4 -2A, 1 -1 F) - Planning and Building Agency Legal Notice published in the Orange County Reporter on December 5 2014 and December 12, 2014. Mayor Pulido, opened the Public Hearing. There were no speakers or written communication. Mayor Pulido closed the Hearing. Councilmember Tinajero, requested staff to explain cost. City Manager Cavazos, explained that the cost is recovery based; administrative cost reflected in the fee. CITY COUNCIL AGENDA 19 DECEMBER 16, 2014 1 0A -19 Mayor Pro Tern Sarmiento, inquired how comparable our fee structure is with other cities. Staff confirmed that our fees are comparable with other cities. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -087 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR THE MEDICAL MARIJUANA REGISTRATION APPLICATION AND THE REGULATORY SAFETY PERMIT IN ACCORDANCE WITH ORDINANCE NUMBER NS -2864 MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2013 -14 — LOW AND MODERATE I mCO E HOUSING ASSET FUND {STRATEGIC PLAN NO. 5, 11 - Community Development Agency Councilmember Martinez, requested staff to compliance with our Housing Element. Executive Director of Community Development Agency Reender, noted that City in full compliance with Element. MOTION: Receive and file. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL AGENDA 20 DECEMBER 16, 2014 1 OA -20 ABSENT: None (0) COUNCIL AGENDA ITEMS 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. 85A. DISCUSS PARK RANGER POLICY DIRECTION AND OPTIONS (Councilmembers Martinez & Reyna) The following spoke on the matter: • Ann Salisbury, urge the City maintain the Park Ranger program, supports parks and recreation programs and partnership programs. • Dave Hoen, concerned with lack of outreach when matter considered by council committees. • Steve McGuigan, concerned with titles and agenda reports not available on council committees, opined that rangers should remain until end of the fiscal year; have expertise needed to handle parks. • Monica Sutter, representing SEIU, concerned that City advertising to recruit to replace annuitants; program should not be eliminated; extend program until end of fiscal year; review policy changes; program has helped the gang activity and have actively and pro - actively worked with the community • Rick Niedermeyer, could cause adverse effect if the park ranger program eliminated; police officers have different perspective of patrons. Councilmember Martinez, concerned that council committee made decision without coming back to full City Council for policy direction; dismantling a program should be City Council action, not staff; request to bring back options for City Council consideration. Councilmember Tinajero, noted that Councilmembers were apprised of situation by City Manager and SEIU was aware. Mayor Pro Tern Sarmiento, agrees with misperception of having armed park rangers; transition to park ambassadors; concerned with liability of carrying weapon. Councilmember Tinajero, commented on armed park ranger program, what is liability? request to have Ambassador Program recruitment begin and provide a 60 day period to support the transition process. Police Chief Rojas, opined that armed park rangers are a liability since they are not POST certified; accountability and transparency different CITY COUNCIL AGENDA 21 DECEMBER 16, 2014 1 OA -21 because calls not logged - parallel communication and tracking system of concern; noted that city has full service police department. City Manager Cavazos, noted that program being transferred to police department; recommending 15 part -time ambassadors and one full time police liaison to oversee program; request general direction from City Council to hire park ambassadors to address annuitants and staff to return with options regarding armed and not -armed staff. RECESSED THE CITY COUNCIL MEETING AT 8:23 P.M. AND CONVENE THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 8:24 P.M. WITH SAME MEMBERS PRESENT COMMENTS PUBLIC COMMENTS • America Najera, spoke on recent police incident; request independent review of check - points; stand in solidarity of Maria and Teresa arrested by the Police. • Michael Klubnikln, noted that Boston Tea Party held over 200 years ago today; concerned with transfer of cases between courts. • Ilya Tseglin, concerned with county social services. • Abraham Medina, attended "My Brother's Keepers Alliance "; would like program to be aligned with City's Strategic Plan. • George Garcia, concerned with changes to park ranger program. • Madeleine Spencer, spoke in support of Chicanos Unidos and Kidworks; need funding for social programs and not restorative justice program; stand against Townsend Gang Injunction and negative labeling. • Dylan Thompson, spoke in support of community oriented policing • Carolyn Torrez, representing Chicano Unidos, spoke against Townsend gang injunction and civil rights violations. • Hairo Cortes, also spoke in opposition to gang injunction; opined that police polarizing issue; supports Cop Watch. • Dulce Saavedra, Youth Empowerment Network, opposed to gang labeling and negative effects on the community; additional social programs needed. • Ramon Campos, represent Kidworks and working collaborative on gang injunction; concerned with status labeled on all members of the neighborhood; need additional social programs. • Benjamin Vasquez, teacher at Valley High School, joined the struggle against Townsend Gang Injunction; open to dialogue and need restorative justice. • Joese Hernandez, opposed to gang injunction; not criminalize youth, but provide community programs; need to invest in our youth; commented on City Manager proposed bonus; request charges on Maria and Teresa be dropped — fighting for CITY COUNCIL AGENDA 22 DECEMBER 16, 2014 1 OA -22 immigrant rights and stop undocumented drivers; shared experience at Dia De Los Muertos and intimidation by police officer; need cultural sensitivity training. • Vanessa Cerda, Chicanos Unidos, thanked organizers for awareness; need for respect by officials and community to be heard. • Gaby Hernandez, Chicanos Unidos, noted that Santa Anita neighborhood has had two deaths and Townsend none; stand up for civil rights; need justice and democracy; need to agendize matter for discussion; need to file police complaint. • Brenda Zeferino, does not support City Manager bonus; supports Maria Zacarias and Teresa efforts; spoke of personal incident with his dad where an officer lied under oath about arrest. • Undisclosed, provided allegory of police arrest. • Barbara Lamere, spoke on lack of lighting at park, noted that 10 lights out in tennis courts and playground area; reported matter on November 6th and has not been fixed; supports current park ranger program. • James Spady, Chicanos Unidos, spoke against gang injunction; need to engage in dialogue; consider all options including after school programs. Ignacio Rios Jr., representing Santa Ana Boys and Men of Color, noted importance of social and emotional awareness programs. • Isaac Castillo, noted that City motto is "Education First "; need to focus on youth. Ana Urzua, commented on criminalization and racism; encourage the Police Department to drop charges and change DUI check points; investigate actions; not add additional funds for police force or programs; support restorative justice and repair harm. Alfonso Alvarez, spoke of need for body video cameras to protect the community and reduce complaints; opposed to gang injunctions; opine that faith based and social organizations need to work together to address the root of the problem. • Robert Sanchez, member of Chicanos Unidos, opposed to gang injunction, not incarcerate youth; need to invest in our community and after - school programs. Ed Murashie, Connect to Council will host OC Supervisor Forum on January 6th at 7 p.m. and Rancho Community College; opine the best resource is neighborhood association; need to leverage communication gap and get in front of the issue. Scott Sink, OC May Day Coalition, spoke on recent arrest of observers at DUI checkpoint; need to review content of arrests; wanding erodes trust; City continues to hold ICE detainees; need to get out of deportation and tow business. • Gema Salas, stand in solidarity on missing youth in Mexico; request approval of resolution to protect human rights like City of Pomona; need to protect immigrant laws; police to have sensitivity training; need to understand reason for arrest of Maria and Teresa. • Rick Niedermeyer, thanked City Council for taking time to listen to community; commented on CDBG application process; United States Soccer Federal has grant funds available for synthetic turf; also request City Council adjourn meeting in memory of Carlos Sedano. 90A. CITY MANAGER'S COMMENTS CITY COUNCIL AGENDA 23 DECEMBER 16, 2014 1 OA -23 • City Manager Cavazos, commented on successful of clean -up at Santiago Creek. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Thanked OCFA for clean up at Santiago Creek; and • Wished all Happy Holidays and Merry Christmas. Councilmember Reyna: o Urged all to conserve water; o Wished all Happy Holidays, Happy New Year and asked all to be safe; and o Request all shop in Santa Ana. Councilmember Benavides: • Thanked all speakers and noted that he was open to discuss gang injunction; • Wished all a Merry Christmas - important to appreciate family and health; and • Asked all to shop local businesses. Councilmember Martinez: • Merry Christmas and New Year; and • Thanked residents for addressing the City Council and commend all standing up for that they believe in; open to dialogue but must have mutual respect. Councilmember Tinajero: o Expressed support for City Manager, deserves bonus; o Noted that we need to continue to work together and find common ground; and o Wished all a fun time during holiday season. Mayor Pro Tern Sarmiento: • Thanked speakers for addressing a variety of issues; • Thanked staff for hard work; • Wished all a Merry Christmas and Happy New Year. Mayor Pulido: • Merry Christmas and Happy New Year to all; and • Adjourned meeting in memory of Carlos Sedano. ADJOURNED- 9:58 p.m.- The next meeting of the City Council is scheduled for Tuesday, January 20, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business CITY COUNCIL AGENDA 24 DECEMBER 16, 2014 1 OA -24 Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Carlos Sedano Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal • Water and Sewer Rate Update CITY COUNCIL AGENDA 25 DECEMBER 16, 2014 1 OA -25 1 OA -26 CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY SEPTEMBER 15, 2014 5:30 PM CALL TO ORDER City Hal[, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson David Benavides Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes for July 14, 2014 2. Discuss and Present Year -End Results & Update on General Fund Reserves {Strategic Plan Nos. 4, 3C; 1} (Francisco Gutierrez, FMSA) 3. Deferred Capital Maintenance {Strategic Plan Nos. 6, 21 (Francisco Gutierrez, FMSA) 4. Review CIP Projects List Bond Proceeds ($5.911 {Strategic Plan Nos. 4.2.d, 6.1.b) (Nabil Saba, PWA -Water Resources) 5. I.T. Strategic Plan Update & RFP for I.T. Strategic Plan Assessment {Strategic Plan Nos. 7, 5} (Robert Cortez, CMO) 6. CDBG Application & Outreach Efforts (Robert Cortez & Sylvia Vazquez, CDA) 7. Discuss the release of RFQ for Project -based Vouchers {Strategic Plan 5, 3} (Natalie Verlinich, CDA) 8. RFQ for Economic Development Strategic Plan (Marc Morley, CDA) 9. Briefing on City's Pushcart Ordinance (Alvaro Nunez, PBA) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Sal Tinajero, Vincent F. Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Mayor Mayor Pro Tem, Word Ward Ward Ward Ward WuIItloGdsaMaana.am Ward Veannlenb(olunlaana . om MMatlinaz(]sanla- ana.om Mmemua(1sanU ana.om DBenavltle,Ma nta- ana.om RReymOaanta -eneoa sTlnalero(roso a a City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 *Agenda Item Inquiries: 714- 647 -6520 s Website: www.santa- ana.org 13C -1 STAFF MEMBER COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT 13C -2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES JULY 14, 2014 CALL TO ORDER: City Hall, Ross Annex 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:32 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson David Benavides, Vice - Chairperson (5:34 p.m.) Vincent Sarmiento, Committee Member MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS None AGENDA DISCUSSION ITEMS None Francisco Gutierrez, FMSA Sandra Simon, FMSA Teresa Ramirez, FMSA Waldo Barela, FMSA William Galvez, PWA Nabil Saba, PWA David Cavazos, City Manager Shelly Landry- Bayle, CDA Marc Morley, CDA Leigh Eisen, CDA Jason Gabriel, PWA Robert Carroll, PD 1. Approval of Minutes from the Regular Meeting of April 14, 2014. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Benavides, Martinez, Sarmiento (3) NOES: None (0) ABSENT: None (0) July 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -3 (Item 3 taken out of order.) 3. 2. El Update on Water Bonds (FMSA) Francisco Gutierrez, Finance and Management Services Executive Director, provided presentation on Refinancing of 2004 Water System Bonds. Refinancing would generate $5.8 million in new money to finance improvements to water system. Councilmembers stated they would like to see list of projects and have them enumerated as recommended by consultants. Engage council members and public in selecting priority projects. Direct staff to look into possibility of creating new Santa Ana authority for future bonds. And request list of projects to be provided as soon as possible to city council once study is complete by PWA consultants. Amending Committee Bylaws — Frequency /Location of Meetings (CAO) Councilmembers expressed a desire to meet regularly and consistently due to the volume of items to be reviewed. Agreed to meet every 60 days. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Sarmiento (3) NOES: None (0) ABSENT: None (0) Discuss Budget for Building Maintenance Costs (FMSA) Francisco Gutierrez, Executive Director of Finance & Management Services provided presentation on Building Maintenance Costs. Funding sources for services provided by Finance Building Maintenance is from internal charges to departments, but not all facilities contribute. Finance is reviewing service level rates that have not changed since 2008 -09. Staffing levels have been reduced while deferred maintenance has increased. Finance would like to update maintenance rental rates, achieve full staffing levels and appropriate a budget reserve policy. Parks & Rec and Public Works agencies use other service providers for some of their facilities and different funding sources such as General Fund, cell towers, grants, or Enterprise Funds. Councilmembers would like policies set to have deferred maintenance costs included in budget along with reserves. Would like staff to consider consolidating all assets under a central management to prioritize deferred maintenance for the public and staff safety. (Item 6 taken out of order) July 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -4 6. Artists Village Kiosk Update and Options (CDA) Downtown Development Liaison, Leigh Eisen, provided an update on the Artists Village Kiosks and review of entrepreneurship competition and potential awards. Councilmembers pleased with response from public. Carts should be sensitive to brick & mortar and not compete with existing businesses. 7. Review Water Capital Improvement Program (CIP) & Rate Schedule (PWA) Public Works Agency Interim Executive Director, William Galvez, provided handouts on Water Capital Improvement Program and Water & Sewer Rate Study Update. Since the City's last rate increase in July of 2011 the costs of the City's two sources of water, groundwater and imported MWD water, have increased 16.9% and 19.6% respectively. PWA consultant to provide study analysis report in a few weeks to be shared with Council and executive management. 8. Discuss RFQ for Bond Counsel and Financial Advisor (CDA) Shelly Landry- Bayle, Housing Division Manager, reviewed Housing projects and need to issue housing bonds and tax credits. RFQ for bond counsel team to help look for options. (Item 5 taken out of order) 5. Economic Development Task Force Update (CDA) Marc Morley, Economic Development Specialist, provided review of 6/24/14 memo listing taskforce business community representatives of which nine have confirmed. First meeting is planned in August. The Taskforce will be asked to guide the development of the City's Economic Development Strategic Plan (EDSP). 9. Update on Reuse of Bristol Remnant Parcels (PWA) Councilmember Vince Sarmiento recused due to property nearby. Public Works Agency, Principal Civil Engineer, Jason Gabriel, provided PowerPoint and handout of Bristol Street Surplus Properties. Discussion from councilmembers on review of underground utilities for area; parcels for community gardens, health & fitness, urban farm. Look at other models and define what the residents want. Review at study session and discuss with City Councilmembers to take steps to move forward. July 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -5 COMMITTEE MEMBER COMMENTS -None STAFF MEMBER COMMENTS -None Adjournment — 7:02 p.m. Teresa Ram Recording S July 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -6 CITY OF SANTA ANA ". COUNCIL COMMITTEE MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY NOVEMBER 10, 2014 5:30 PM CALL TO ORDER City Hall, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson David Benavides Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes for September 15, 2014 2. Water/Wastewater Rate Study {Strategic Plan No. 6, 1 h) (Fred Mousavipour, PWA and Consultants, Black & Veatch) 3. Energy Efficiency Upgrade Options for City Facilities {Strategic Plan No. 5, 2b) (William Galvez, PWA) 4. Update on 2015 -2016 Emergency Solutions Grant {Strategic Plan No. 5.3.c) (Terri Eggers, CDA) 5. Update on Santa Ana Regional Transportation Center Retail Opportunity {Strategic Plan No. 3.2.c) (Marc Morley, CDA) 6. Report from Santa Ana Economic Development Taskforce {Strategic Plan No. 3.1.1b) (David Cavazos, City Manager) 7. First - Quarter Actuals, Revenue and Expenditures {Strategic Plan No. 4, 2b) (David Cavazos, City Manager) 8. Budget Calendar and Process {Strategic Plan No. 4,1b -1c) (David Cavazos, City Manager) 9. Downtown Signage Program 10. Downtown Review of codes and ordinances. 11. CIP Community guidebook, process, and update on status of reserve policy. 61�1714) f you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. (Americans with Disabilities Act, Title Il, 28 CFR 35.1021 Miguel A. Pulido, Sal TlnaJero, Vincent F. Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Mayor Mayor Pro Tem, Ward Ward Ward Ward Ward MPUlitlo(alsan�a- ana.om Ward VSa,mlenloiUSaMa- ana.om MMatllnez(dsanla- ana.o,a AAmezcualy san DeenavltlasGOSanlaana.om fflzu.dsanm -eneou STine emrdsen,a -ene om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor $ Council Telephone: 714 -647 -6900 • Agenda Item Inquiries: 714-647 -6520 • Website: www.santa- ana.ora 13C -7 FEDT Aaenda 2 November 10. 2014 STAFF MEMBER COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT 13C -8 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES CALL TO ORDER: MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS SEPTEMBER 15, 2014 City Hall 20 Civic Center Plaza, Room 229 Santa Ana, CA 5:34 p.m. Council Committee members: Michele Martinez, Chairperson David Benavides, Vice - Chairperson Vincent Sarmiento, Committee Member (5:40 p.m.) None Francisco Gutierrez, FMSA Sandra Simon, FMSA Teresa Ramirez, FMSA Waldo Barela, FMSA Alvaro Castellon, FMSA Melanie Torres, FMSA Katrina Nguyen, FMSA William Galvez, PWA Nabil Saba, PWA Alvaro Nunez, PBA David Cavazos, City Manager Robert Cortez, CMO Marc Morley, CDA Kelly Reenders, CDA Natalie Verlinich, CDA Sylvia Vazquez, CDA Susan Gorospe, CDA Scott Kutner, CDA Robert Carroll, PD Gerardo Mouet, PRCSA Don Markland; Peter Katz, Corn Link; Scott Barnard; Patty McDonald; Leticia Gomez; Alma Blanco; Elizabeth Rodriguez; Irma Jauregui, Main St Realty; Veronica Jimenez; Ciria Santiago Patty McDonald, business owner and resident, spoke in opposition of proposed homeless shelter mixed in with commercial area. Scott Barnard, resident, spoke in opposition of proposed homeless shelter and need to collaborate with existina businesses in area. • Don Markland, Markland Industries, spoke on concerns with employee safety and property values in connection with proposed homeless shelter. September 14, 7014 1 Finance, Economic Development, & Technology Minutes 13C -9 • Peter Katz, member of ComLink, spoke on aging sewer lines and O.C. Sanitation water board meeting. • Leticia Gomez, parent, spoke in support of CDBG funding application for the after - school tutoring and Project Pride. • Ramona Harky, spoke on homeless shelter and possibility of modeling after Mission Foundation with smaller model. • Victor Linares, parent, spoke in support of CDBG funding application for Project Pride and mentoring for youth to continue. • Veronica Jimenez, parent, spoke in support of CDBG funding application for library after - school tutoring. Thankful for library staff and hopes there are no cuts. • Ciria Santiago, parent, spoke in support of CDBG funding application to continue after - school tutoring that has made a difference her daughter's life. Improved grades allow her to participate in sports now. AGENDA DISCUSSION ITEMS 1. Approval of Minutes from the Regular Meeting of July 14, 2014. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento (3) NOES: None (0) ABSENT: None (0) (Items 2 & 3 combined) 2 -3 Discuss and Present Year -End Results & Update on General Fund Reserves (Strategic Plan Nos. 4, 3C; 1) and Deferred Capital Maintenance (Strategic Plan No. 6, 2) — (CMO & FMSA) City Manager David Cavazos announced favorable news on preliminary budget numbers: $6M more in revenue than estimated for FY13 -14 Budget. Sales tax, property tax, user utility tax, business license, and hotel visitors' tax have all been better than anticipated. General reserves target has been achieved with $1.96M reserved for continuing projects. Presentation included City of Santa Ana, 4th Quarter Newsletter that included budget data. Francisco Gutierrez, Executive Director of Finance and Management Services continued presentation with details on Deferred Capital Maintenance, including a 6- year deferred maintenance plan listing facilities and their needs. Additionally fleet vehicles and Parks Recreation & Community Services deferred maintenance needs September 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -10 were shown in some detail. Newport Beach model to fund capital asset management was shown as an example to funding as this may fit our needs. It's an incremental approach over the next four years. Also, Water CIP project list provided as items recommended to be funded by 2014 bond proceeds. Councilmembers would like staff to continue to identify needs and prioritize. Need to make sure we move forward with any policy and ordinance changes that may be required using the Newport Beach model for deferred maintenance and CIP. 4. Review CIP Projects Lest Bond Proceeds ($5.9M) (Strategic Plan Nos. 4.2d, 6.2b) — (PWA -Water Resources) Nabil Saba, Water Resources Manager for Public Works provided presentation on Water Capital Construction 5 -Year Plan. Report card rating from ASCE (American Society of Civil Engineers) shows slight decrease in change from 2006 to 2012 for city's water rating. Majority of CIP projects are cash financed. Issuing bonds has allowed City to contract larger projects such as reservoirs, pump stations and wells. Presentation included list of recent projects completed and list of 2014 bond funded projects. 5. I.T. Strategic Plan Update and RFP for I.T. Strategic Plan Assessment (Strategic Plan Nos. 7,5) — (CMO) Robert Cortez, Special Assistant to the City Manager, provided flow chart of I.T. Strategic Planning, stating significant progress has been made not just at City Hall, but citywide. Currently in Phase II — IT Assessment to develop RFP. Two vendors are in the process of being interviewed. Assessment to include benchmarks for implementation; March /April 2015 is target for completion of this phase. Recommendation report with costs will be prepared for review and presentation to committee and council. 6. CDBG Application & Outreach Efforts - (CDA) City Manager David Cavazos gave an overview of the 2015 -16 Funding Allocation Schedule and Robert Cortez reviewed PowerPoint presentation of Application Timeline & Outreach Efforts. Only non - profits eligible for application process with mandatory subreceipient training to be offered by City staff. Application process to begin Oct. 6, 2014; due by Nov. 14, 2014. Information will be available on city website with requirement detail. September 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -11 7. Discuss the release of RFQ for Project -based Vouchers (Strategic Plan 5, 3) — (CDA) Natalie Verlinich, Housing Programs Analyst, provided handout on Request for Qualifications (RFQ), Housing Authority, Project Based Vouchers. Housing Authority will be soliciting applications from developers who are planning to construct new rental housing within the City of Santa Ana, and who wish to secure Project Based Vouchers for their project. RFQ issue date: Oct. 1, 2014 with a Feb. 2015 deadline. 8. RFQ for Economic Development Strategic Plan - (CDA) Marc Morley, Economic Development Specialist, reviewed presentation for request for qualifications on Economic Development Strategic Plan to look at options and opportunities for investments in city. Oct. 31, 2014 will be the deadline for receipt of proposals. 9. Briefing on City's Pushcart Ordinance — (PBA) Alvaro Nunez, Community Preservation Coordinator, briefed committee on Downtown/ Civic Center Pushcarts ordinance with presentation. COMMITTEE MEMBER COMMENTS - None STAFF MEMBER COMMENTS - None Adjournment —7:11 p.m. September 14, 2014 1 Finance, Economic Development, & Technology Minutes 13C -12 CITY OF SANTA ANA I(D COUNCIL COMMITTEE MEETING AGENDA FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY January 12, 2015 5:30 PM CALL TO ORDER City Hall, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson David Benavides Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes for November 10, 2014 2. Economic Development Taskforce Recommendation to Develop Citywide Economic Development Strategic Plan {Strategic Plan No. 3.1.a) (Kelly Reenders, CDA) 3. Report on Downtown Banner Program {Strategic Plan 3.4.a) (Kelly Reenders, CDA) 4. Santa Ana Wellness District: A Study of Demand and Supply for Wellness Goods and Services in Downtown, Santa Ana, California (Ana Urzua, Building Healthy Communities) 5. Report on Inclusionary Housing Fund Application {Strategic Plan 5.3.b) (Kelly Reenders, CDA) 6. Update on 815 North Harbor Multi- Housing Project Financing {Strategic Plan 5.3.a) (Kelly Reenders, CDA) 7. FY 14 -15 Second Quarter Actuals of General Fund revenues and expenditures {Strategic Plan No. 4,2131 (David Cavazos, CMO) (Cont'd on page 2) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at ��✓✓ (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Sal Tinaoro, Vincent F. Sarmlento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Mayor Mayor Pro Tem, Ward Ward Ward Ward Wards WulidoOsaM an Ward ysannemor@sene- MMailnez&LL AAMazGUansanW-ana o DBennvitlesrolsenta -a r RRevneiUSa STlnaloro(alsanta -ana M City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714. 647.6900 . Agenda Item Inquiries: 714- 647 -6520 . Website: www.santa- ana.orc 13C -13 FEDT Aqenda 2 January 12 2015 Unfunded Pension Liabilities and Other Post Employment Benefits (OPEB) Discussion (David Cavazos, CMO) 9. Development Services Counter Electronic Queuing System — Progress Update {Strategic Plan 3A} (Vince Fregoso /Matt Foulkes, PBA) STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT — Next regularly scheduled meeting is March 9, 2015 13C -14 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY REGULAR MEETING MINUTES NOVEMBER 10, 2014 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 229 Santa Ana, CA 5:34 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Committee Member MEMBERS ABSENT STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS David Benavides, Vice - Chairperson Francisco Gutierrez, FMSA Sandra Simon, FMSA Teresa Ramirez, FMSA Waldo Barela, FMSA Alvaro Castellon, FMSA John Aguilar, FMSA Fred Mousavipour, PWA William Galvez, PWA Nabil Saba, PWA Christy Kindig, PWA David Cavazos, City Manager Robert Cortez, CMO Marc Morley, CDA Terri Eggers, CDA Jorge Garcia, CMO Alma Flores, CMO Margaret Mercer, PWA Jason Gabriel, PWA Karen Haluza, PBA Alvaro Nunez, PBA Ann Bui, Black & Veatch; Peter Katz, Com Link • Peter Katz, member of ComLink, spoke on municipal utility billing detail and signage uniformity by commissioned artist AGENDA DISCUSSION ITEMS 1. Approval of Minutes from the Regular Meeting of September 15, 2014. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: Benavides (1) November 10, 2014 1 Finance, Economic Development, & Technology Minutes 13C -15 2. WaterNVastewater Rate Study (Strategic Plan No. 2, 1 h) — (PWA) City Manager David Cavazos thanked councilmembers for all their work and push for study. City's goal is to bring financial stability, provide reliable water and sewer service, and to maintain sustainable level of service. Fred Mousasvipour, Executive Director of PWA and Ann Bui of Black & Veatch provided PowerPoint presentation of Water and Sewer Rate Studies with discussion on history and process required to move forward and meet goals. Additionally reports on Water Rate Study and Sewer Financial Plan were provided. Request: Councilmember Vince Sarmiento requested staff to send background of 2011 rate adjustment (i.e. any protest, adjustments, action) Motion: Move forward with rate increase and continued rate studies. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: Benavides (1) 3. Energy Efficiency Upgrade Options for City Facilities (Strategic Plan No. 5.2b) — (PWA) William Galvan, City Engineer, presented PowerPoint on energy Efficient Program Update that included goals, completed projects, current projects, and other projects under consideration. Staff is recommending RFP issuance to prepare a Citywide Strategic Plan that identifies all feasible alternative energy technologies. MOTION: Sarmiento VOTE: AYES: NOES: ABSENT: 4. Update on 2015 -2016 Em (CDA) SECOND: Martinez Martinez, Sarmiento (2) None (0) Benavides (1) ergency Solutions Grant (Strategic Plan No. 5.3c) — Terri Eggers, Senior Community Development Analyst, updated committee on progress and timeline of RFP, handout provided. November 10, 2014 1 Finance, Economic Development, & Technology Minutes 13C -16 5. Update on Santa Ana Regional Transportation Center Retail Opportunity (Strategic Plan No. 3.2c) - (CDA) Marc Morley, Economic Development Specialist, provided sample Request for Proposal scheduled to be released this week. Currently 5,100 square feet vacant with an additional 3,000 square feet to be available in early 2015. Preferred business use is included in RFP. Recommend moving forward with RFP. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: Benavides (1) 6. Report from Santa Ana Economic Development Taskforce (Strategic Plan No. 3, 1 b) — (CMO) City Manager, David Cavazos, provided update on reported inspection has been reviewed and approved. Next is RFQ to be issued to help staff make recommendations. 7. First - Quarter Actuals, Revenue and Expenditures (Strategic Plan No. 4, 2b) - (CMO) City Manager, David Cavazos provided brief update on fiscal year end that ended 06/30/14 and for first quarter of 2014 -2015 (July- September). PowerPoint presentation with detail also provided. 8. Budget Calendar and Process (Strategic Plan no. 4, 1b -1 c) — (CMO) Included with PowerPoint presentation above is the 2014 -2014 Budget Calendar. 9. Downtown Signage Program — (PBA) Karen Haluza, Interim Executive Director, PBA provided PowerPoint about Information on Downtown Sign Standards that included photos of permitted and unpermitted signs. Downtown liaison is creating a marketing brochure highlighting permitted signs. Discussion on flexibility in code and education of businesses who may need city's help. Staff will come back with recommendations. November 10, 2014 1 Finance, Economic Development, & Technology Minutes 13C -17 ITEM MOVED TO NEXT COMMITTEE MEETING • Downtown Review of Codes and Ordinances COMMITTEE MEMBER COMMENTS -None STAFF MEMBER COMMENTS - None Adjournment — 7:15 p.m. November 10, 2014 1 Finance, Economic Development, & Technology Minutes 13C -18 SPECIAL MEETING CITY OF SANTA ANA COUNCIL COMMITTEE SPECIAL MEETING SPECIAL MEETING OF THE LEGISLATIVE COMMITTEE WEDNESDAY, OCTOBER 15, 2014 12:00 P.M. AGENDA CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez and Vincent Sarmiento Recording Secretary: Becky Magallon PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes of the June 25, 2014 Meeting 2. Quarterly Federal Legislative Update from Holland & Knight - Report outlining legislative advocacy work July 2014 to September 2014 — Dan Maldonado {Strategic Plan No. 1 through 71 • Update on My Brother's Keeper Initiative — Jorge Garcia {Strategic Plan No. 1, 1 h & 6f; 2, 4a & 4b) • Presentation and Discussion on Federal Promise Zones Proposal — Alma Flores {Strategic Plan No. 1, 2, 3 & 51 3. Quarterly State Legislative Update from Townsend Public Affairs — Report outlining legislative advocacy work July 2014 to September 2014 — Christopher Townsend {Strategic Plan No. 1 through 7) Update on SB 7 — 2013 Prevailing Wage Measure — Christopher Townsend {Strategic Plan No. 4, 31b; 6, 11 If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title Il, 28 CFR 35102] Miguel A. Pulido, Sal Tinajero, Vincent F. Michele Martinez, Angelica Amezcue, P. David Benavides, Roman Reyna, Mayor Mayor Pro Tom, Sam-lento, Ward Ward Ward Ward _uP�reaw.ama.a,a.,, Ward Ward MMP01(reZSw114 are Or AA- --,- l@ani o8-,vdr5ra5an, a- RF12yra@aa „v,..,, sT.riu. —ia-- VS -1-10 —t.r„a ati City Hall, 20 Civic Center Plaza • .O. Box 1918 a Mayor& Council' telephone: 714- 647.6900 . Ager a rl r :714.647 Santa Ana, California -6520 • 92702 Website:±Lm ss nta- ana.ora 4. League of California Cities Briefing July 2014 to September 2014 — Tony Cardenas {Strategic Plan No. 1 through 7) 5. Briefing on the August 6 -8, 2014 Washington, DC Advocacy Meetings — David Cavazos (Strategic Plan No. 1 through 7) 6. Legislative Platform — Review 2013 Legislative Platform and discuss update — David Cavazos (Strategic Plan No. 1 through 71 7. Review City's membership in regional, state and national advocacy organizations — David Cavazos {Strategic Plan No. 1 through 7 1. (Please note: new membership requests will be considered as part of the City's annual budget process.) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT— The next regularly scheduled meeting on December 24, 2014 will be cancelled and rescheduled pending Committee approval. The complete Strategic Plan document is available at http://www.santa-ana.org/strategic-planning/ Legislative Council Committee Agenda 2 October 15, 2014 13C -20 CITY OF SANTA ANA LEGISLATIVE CITY COUNCIL COMMITTEE MINUTES JUNE 25, 2014 CALL TO ORDER The meeting was called to order at 12:07pm by Councilmember Vincent Sarmiento at City Hall Ross Annex, Room 1600. ATTENDANCE Members Present: Councilmember Michele Martinez Councilmember Vincent Sarmiento, Chair Members Absent: none Staff Present: David Cavazos, Sonia Carvalho, Mark Lawrence, Alma Flores, Jorge Garcia, Deputy Police Chief Doug McGeachy and Becky Magallon. Representatives present from Townsend Public Affairs were Christopher Townsend, Cori Williams, Casey Elliott (by phone) and Heather Stratman (by phone). Representatives from Holland & Knight were Dan Maldonado (by phone) and Leslie Pollner (by phone). Members of the public present: None Public Comments: None fSr1�k1U_l111i :4661 Minutes Approval of the April 16, 2014 minutes was motioned by 2 to 0 and approved unanimously. 2. Semiannual Federal Legislative Update from Holland & Knight H &K Legislative Advocacy Update (January 2014 to June 2014) Dan Maldonado provided an overview of the progress report outlining Santa Ana's key issues that Holland & Knight has been assisting with, including the ICE /US Marshals per diem, Urban Area Security Initiative, and the Empowerment Zone Employment Tax Credit. He also discussed the grants that Holland & Knight has been assisting Santa Ana with. Legislative City Council Committee Minutes June 25, 2014, Page 1 13C -21 Leslie Pollner informed the Committee that there was success in increasing the City's per diem from the U.S. Marshals and Holland & Knight is assisting with negotiations with ICE. David Cavazos added that the per diem from the US Marshals was increased by 1.5 percent, which represents $2.5 million in additional revenue to the City of Santa Ana. Leslie Pollner also reported that Santa Ana's UASI allocation increased to $5.5 million from $2.5 million. Holland & Knight is working with Senator Feinstein and Congresswoman Sanchez who sits on the House Committee on Homeland Security. Dan Maldonado added that the significant increase is reflective of the work that Santa Ana and Anaheim did. A new funding cycle will be starting and he believes the Senate is likely to increase funding for new UASI requests. Dan Maldonado reported that Holland & Knight led efforts on behalf of Santa Ana to have the empowerment zone employment tax included as part of the Senate tax extenders package. These efforts included assisting with a joint letter of support from Santa Ana, Fresno and Los Angeles to the Senate Finance Committee. Update on Pending Legislative Issues Councilwoman Martinez expressed concern with the Surface Transportation Reauthorization Bill since it is set to expire soon and there could be some consequences to local municipalities. Leslie Pollner mentioned that the Highway Trust Fund expires in August and a viable funding source needs to be identified to replenish the Highway Trust Fund. The House Transportation and Infrastructure Committee has jurisdiction over the issue and its Chairman has talked about crafting a comprehensive, long -term bill. In the Senate, there are four committees that share jurisdiction. Councilwoman Martinez requested that Santa Ana be kept informed of any developments. Councilmember Vincent Sarmiento thanked Holland & Knight for the report and requested that the Legislative Committee be informed of any updates on the TIGER and COPS grants. 3. Semiannual State Legislative Update from Townsend Public Affairs TPA Legislative Advocacy Update (January 2014 to June 2014) Christopher Townsend introduced Cori Williams, associate, who is working on grants. Casey Elliott reported that the State adopted its budget on June 15th, which reflects an overall growth with the state economy. Some of the significant items Legislative City Council Committee Minutes June 25, 2014, Page 2 13C -22 in the budget for local governments are $100 million for mandates, $220 million for local streets funding, and significant investment in affordable housing. He added that the Legislature is still working on a water bond for consideration in November. Another high profile measure moving through the Legislature is the medicinal cannabis legislation and Townsend Public Affairs is continuing to be engaged in Senator Correa's bill, SB 1262, seeking to establish some state level regulations. This bill is scheduled to be heard by the Assembly Public Safety Committee. Councilmember Sarmiento mentioned that having a summary is beneficial, however, he would like the format changed so that the work the City and Townsend Public Affairs have done together is at the beginning of the report. He added that it would be helpful for the report to show progress on things we are working on such as the active transportation program and cannabis legislation. It will be valuable to the Committee to see what has been generated as far as advocacy and status. Michele Martinez mentioned the agendas will need to be formatted differently to accommodate alignment with the strategic plan and also the lobbyist reports. These will help as tracking mechanisms. David Cavazos asked that reports from Holland & Knight and Townsend Public Affairs include "bills to watch ", "bills to oppose" and "bills to support ". Update on Pending Legislative Issues Casey Elliott discussed SB 7, the prevailing wage measure from 2013. The measure which goes into effect January 2015 restricts state funding for charter cities with charter provisions impacting prevailing wage. He added that there's a law suit pending challenging the constitutionality of SB 7. Councilwoman Martinez mentioned that as we look at future legislation we consider that more funding is needed to address outdoor utilities and SB 375 could be an avenue to get additional funding. She requested that Townsend Public Affairs monitor this bill and any future amendments and that they have a conversation with the Public Works Agency Director. Christopher Townsend mentioned that they will focus on that specific need. Cori Williams mentioned that she can do additional advocacy for Santa Ana and it will be helpful to get Santa Ana's top four or five priorities in grants. Townsend Public Affairs submitted 11 grant applications on behalf of Santa Ana for active transportation programs. 4. Review of 2014 State and Federal Legislative Platform David Cavazos mentioned that the Legislative Platform has four guiding principles and it was recently approved by the City Council. Legislative City Council Committee Minutes June 25, 2014, Page 3 13C -23 Mr. Cavazos added that staff tries to leverage resources with other agencies. As an example he discussed the Streetcar Project on page 5 of the Platform under Goal 6. He mentioned that the City Council has been extremely supportive of the project and OCTA is working on the funding as well as the implementation plan, which should be done by August. He reported that the review period closes July 7th. The City plans to go to Washington, DC in concert with OCTA with the goal to maximize federal funding. Mark Lawrence mentioned that City Manager's Office staff will work closely with the federal and state lobbyists and will get a quarterly update from each lobbyist, which will be incorporated into legislative platform. Councilwoman Martinez requested a matrix showing pending as well as completed legislative items at the end of the year. This matrix can be used to update the City Council on the accomplishments by the Legislative Committee, staff and lobbyists. Mark Lawrence recommended that staff update the Legislative Platform quarterly and provide a matrix. Councilmember Sarmiento mentioned that it's important to show progress to the City Council, and more importantly to the public. This will help demonstrate that there is tangible, quantitative value to the contracts with the lobbyists. Councilmember Sarmiento also requested that reports reflect important priorities up front. He added that the strategic plan goals should be prioritized to help identify deadlines as well as help point firms in the right direction so they can be more effective. David Cavazos added that staff will also insure that multiple grant applications are put in priority order. Review and Discussion of Legislative Resolutions and Letter Requests Process Mark Lawrence mentioned that this item was on the agenda as requested by Councilmember Sarmiento at the last Committee meeting. Sonia Carvalho explained that currently staff looks at requests and if the City Council has previously acted on the policy issue, staff will place request on the agenda for consideration by the Council. If there are requests that may not be supported by the City's existing positions or interests or the City Manager seeks direction or clarification, then the Council member will be advised to request the item be placed on the agenda as an 85A item and the Resolution will be prepared if directed by the Council. Vince Sarmiento asked if individual Council members can send letters of support. David Cavazos explained that individual Council members can send letters of support; the letter just needs to make it clear that it's being supported by one Council member and not the entire City Council. Legislative City Council Committee Minutes June 25, 2014, Page 4 13C -24 If it's a request for a letter and the City Manager determines the issue is consistent with the Strategic Plan, or in his judgment is in the City's best interests, the City Manager will send out the support or opposition letter under the Mayor's signature. Mark Lawrence reported that staff has biweekly conference calls with Holland & Knight and will schedule regular calls with Townsend Public Affairs. Committee Member Comments Vince Sarmiento mentioned that it is the practice of the Orange County Water District and the Transportation Corridor Agencies Boards to have committees with 3 members and other board members can attend as alternates but without voting power. He added that this practice may reduce public debate at board or council meetings since issues are discussed in detail at committee meetings. Sonia Carvalho responded that having other board members attend committee meetings is lawful. However, she doesn't recommend it because it may lead to Brown Act violations. Vince Sarmiento asked that Sonia Carvalho talk to Joel Kuperberg, counsel for the OCWD, and look into the question. Michele Martinez requested that copies of the Legislative Committee meeting minutes be provided to the Mayor and Council. Future Agenda Items No future agenda items were identified. ADJOURNMENT The meeting was adjourned at 1:20pm �` ecky agallo Executive Assistant City Manager's Office Legislative City Council Committee Minutes June 25, 2014, Page 5 13C -25 13C -26 � CITY OF SANTA ANA B � _ COUNCIL COMMITTEE SPECIAL MEETING AGENDA 2111111:1111 [GI&Y-11 a =111 live-3 01IM01 =IN:I *s] :1416771 iv,I=18IU=PiI =101 111i1 DECEMBER 8, 2014 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Martinez, Reyna, Police Chief, OCFA Division Chief, Senior Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Minutes of the 9 -29 -14 Meeting Recruitment Update (Follow -up) — Admin. Manager Robert Carroll /Commander Pete Semelsberger (Strategic Plan Goal No. 1, 5a) Update on Asset Forfeiture Funds (Review of 2013 Asset Forfeiture Fund Expenditures.) — Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 3a} Broaden Communications Information Sharing and Community Awareness of Public Safety Activities (Update on the City's Emergency Operation Center and community awareness of emergency preparedness.) — Commander Ken Gominsky (Strategic Plan Goal No. 1, 2e and 2f} If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Miguel A, Pulido, Sal Tinajero, Vincent F. Sarmiento, I Michele Martinez, i Angelica Amezcua, I P. David Benavides, i Roman Rayne, Mayor ! Mayor Pro Tem, ! Ward 1 I Ward 2 ! Ward 3 j Ward 4 I Ward 5 Mglldodsanla- ena.om Ward VSarmlenloAsanla ana.om I Mi -ana om i AAmezueRsanr,- a m j PBeevldesasarwa reom I RRevna(alsanas STlna ero(Olsan�a -a 1 1 City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714- 647 -6520 • Webslte: www.santa- ana.oro 13C -27 21 5. Plan for Community Oriented Policing Survey — Commander Ken Gominsky {Strategic Plan Goal No. 1, 1a and 1b} 6. Jail Pro Forma (financial statement) — Admin. Manager Robert Carroll /Jail Administrator Ann Matulin [Strategic Plan Goal No. 1, 4a} 7. Property Storage Options for the Homeless Population — Sr. Management Asst. Alma Flores (Strategic Plan Goal No. 5, 3d) 8. Bathroom Access Hours for the Homeless Population - Sr. Management Asst. Alma Flores {Strategic Plan Goal No. 5, 3d} COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS 1. Garage Conversion Discussion 2. Restorative Justice 3. Transgender Community 4. Towing Contracts /RFP Process 5. Myrtle/Townsend, the area around KidWorks ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, January 27, 2015 at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http: / /www.santa- ana.org /strategic- planning/. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at L(714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana C Miguel A. Pulido, Sal Tinalero, 1 Vincent F. Sarmienlo, I Michele Martinez, Angelica Amezcua, 1 P. David Benavldes, Roman Reyna, Mayor Mayor Pro Tem, i Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 MPuIIdoAaanW- ananre Ward VSrmlentoa�njg ogg,aM l MMatlinez(a]santeana.om AAmezcue0lsanta- ana.ora DBen.NtlesrASanta- ane.oro RRevn Baanl sne.om STlnaleroitlasnta- ane.om I City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor $ Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714- 647.6520 • Website: www.santa- ana.ora 13C -28 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES September 29, 2014 CALL TO ORDER: Santa Ana Police Department Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Michele Martinez Roman Reyna STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Devin Leonard, OCFA Laura Rossini, CAO Ann Matulin, PD -Jail Chris Revere, PD Ken Gominsky, PD Ruben Ibarra, PD Robert Carroll, PD Karen Haluza, Planning & Building Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Robin Cook John McGuinness Sam Romero Paul Guzman Alison Stanley Richard Barasch 1 13C -29 PUBLIC COMMENTS Robin Cook, resident, believes the schools should be responsible for the crossing guard program. He suggests Building No. 16 in the Civic Center as a possible site to be used for the homeless to take showers. John McGuinness, a teacher who resides in the Washington Square neighborhood for the past 15 years expresses concern parking enforcement /street sweeping. Parents are being ticketed during pick -up and drop -off times for their children. Sam Romero, resident, has lived here for 30 years and is on the Board of Supervisors of the OC Housing Corporation. Believes there should be a collaborative effort between the City, County, or other government agencies to purchase one bedroom units for veterans. Mr. Romero suggested taking the handball court out of the Logan neighborhood. Paul Guzman, resident, interested in bicycle /traffic laws. Santa Ana is the worst for bike routes. Alison Stanley, resident, states that she has met with the City Manager's Office, the Police Department and the Fire Department regarding the use of illegal fireworks all year around in the city. To identify the offender is difficult, but this is a nuisance problem because of the constant noise. It is also a safety issue especially in light of the serious drought problem that southern California is experiencing. Richard Barasch, taught Social Science for 30 years at Santiago College and has lived in Santa Ana for 35 years. He has joined with Alison Stanley against illegal fireworks. These are explosives that are not safe and sane. They both met with Mark Lawrence with several suggestions on how to address this problem. Mr. Barasch delivers a handout to the Public Safety Committee recommending supplementing current SAMC codes and/or organizing a task force. AGENDAITEMS 1. Approval of Minutes of 7 -22 -14 Meeting Motion: Approve the Minutes of 7 -22 -14 meeting. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Reyna NOES: None (0) Motion carries. 13C -30 2. Patrol Deployment Modeling (Update on patrol deployment strategy) — Commander Chris Revere (Strategic Plan Goal No. 1, 5a) Commander Revere gives a Power Point presentation which includes a handout regarding Policy Decisions for MAPP. The Police Department has partnered with the University of North Texas to conduct this study. It is a bifurcated study: one is data driven, that is, the calls for service, roadway miles, and other different factors. The second part is in regards to policy decisions. The results of the study are based on recommendations of the Chief and the Senior Management Team based on these policy points. The first part of the presentation is the underlying foundation of the study, and Dr. Fritch calls in to speak to the Committee members. The second part of the presentation is given by Commander Revere and speaks to those decision points that the Senior Management Team had to decide on when the model was brought to them. Dr. Fritch is going to complete an executive report and it should be available in about a month or so. The study is done; awaiting the report. ACTION: Commander Revere will follow -up on the Executive Report. 3. Update on Parking Enforcement /Street Sweeping — Commander Ruben Ibarra (Strategic Plan Goal No. 1, le) Commander Ruben Ibarra gives a Power Point presentation. Currently, parking enforcement is outsourced and done by Central Parking Systems. Street sweeping is done by Athens Services and covers over 100 miles daily. Regarding enforcement, there are no citations on second passing as a practice. Have been consistent but occasionally it happens. If it does occur, the Police Department takes a look at the citation and will void it. The Police ,Department and Public Works work with Athens, Central Parking, and the schools to minimize impact to schools during starting/ending school hours. There are over 60 schools and only six street sweepers to coordinate all the various times when classes are released. 4. Crossing Guards (Assessment overview.) — Commander Ibarra (Strategic Plan Goal No. 1, le) City Manager Cavazos speaks to the Committee. The Crossing Guard item went to Council; a thorough analysis of the program was done to be more efficient. One question asked was why the schools don't pay for this program. Bids will be accepted in the Spring, 2015. Copies of the Power Point presentation were available for the public. ACTION: A meeting will be set up between City Manager Cavazos and the School Superintendent to discuss cost - sharing of the Crossing Guard program. 3 13C -31 Committee Chairman Benavides takes a couple of items out of order. 6. Illegal Fireworks (After action report regarding 2014 Fourth of July) — Commander Gominsky (Strategic Plan Goal No. 1, 2d) Commander Gominsky gives a Power Point presentation. Working on information received, undercover officers were sent out to over 50 catering and fruit vending trucks; however, no illegal fireworks were found. Officers also checked 15 fireworks booths, again no illegal fireworks were found. This year, the Police Department used Craig's list and Facebook where officers acted as individuals seeking to buy illegal fireworks. Five undercover operations were initiated and over 800 pounds of fireworks were seized. Officers were deployed at targeted locations from July 1 through July 4 to handle fireworks enforcement, and this was a successful operation. An overall comparison for the last seven years showed that 14,002 different illegal fireworks were seized in 2007 and 25,687 were seized in 2014. People selling fireworks on Craigslist are doing this as a business. Look at ways to shut these people down. ACTION: Commander Gominsky will research and compare fines in other cities. 8. Discussion of Effects and Impacts of Homeless Population — Staff (Strategic Plan Goal No. 5, 3d) Recommendations were made at a previous City Council meeting, specifically for the conversation to be brought to the Public Safety Committee. At a previous Public Safety meeting, there was a general overview of the item given by staff. One action item was an assessment being done on the idea of a check -in center. Alma Flores gives a Power Point presentation. The Development & Transportation Committee Meeting being held on September 30th will have a discussion on resources available for the homeless. There are a number of public safety concerns as it relates to the homeless community in the Civic Center. We do have issues with lost and abandoned property. It is stored for 90 days and complies with State and City laws. We have an Anti- Camping Ordinance. Both the anti - camping ordinance and storage of property has been upheld in court. Two check -in centers in Orange County are compared: La Palma Park Check -in Center operated by Mercy House and the Costa Mesa Check -In Center operated by volunteers. Both check -in centers were evaluated for costs, hours of operation, programs and services offered. Santa Ana is looking at the OCTA transit terminal to be used as a check -in center. E 13C -32 ACTION: Alma Flores will do follow -up to see the possibility of having the OCTA transit terminal, the Stadiiun, the United Methodist Church in Civic Center, or any other accommodation as a check -in center for the homeless. COMMITTEE MEMBER COMMENTS On Patrol Deployment Modeling (MAPP): The Public Safety Committee members expressed support for hiring additional patrol officers. They were interested in the recruitment process, and eventually looking at a study for the specialized investigative units. On Parking Enforcement /Street Sweeping: The Committee Members emphatized with residents, but emphasized the importance of protecting the environment. Councilmember Reyna suggested moving back to the past practice whereby if the street had already been cleaned, not to ticket even if the time wasn't up. Councilmember Martinez suggested more visible signs, education to community members and increased communication with the schools. She also encouraged the City to focus on a Safe -to- School Route plan. Chairman Benavides wants to keep options open for innovative, creative problem- solving to solve this issue. Suggested alternate side of the street sweeping as one option. On Crossing Guards: The Public Safety Committee was complimentary of the Police ,Department's efforts in analyzing the crossing guard program. Michele Martinez: supports the assessment. A suggestion to partner with the School District was made. On Illegal Fireworks: The Public Safety Committee was sympathetic to concerns of community members who are upset about illegal fireworks that are used year- round. A question was raised as to if the City decided to go with the safe and sane fireworks program, would that end the problem with illegal fireworks? Costs dealing with this problem affect the Police Department, the Fire Department, and the Public Works Department. Chairman Benavides suggested looking at permit fees and whether raising them could offset the costs of dealing with this problem. 13C -33 Fire Chief Leonard explained that enforcement is actually easier in cities that do not allow safe and sane fireworks. In those cities that allow them, there are still illegal fireworks being used and it is difficult to see where they came from. On Homeless Population: The Public Safety Committee had many suggestions of different sites that might be used as a check -in center for the homeless population in the city. This is an ongoing discussion and follow -up will be done with other agencies, such as the County. The Committee engaged in all topic areas, reinforcing and emphasizing their commitment to community safety as a critical goal in the City's Strategic Plan. FUTURE AGENDA ITEMS ➢ Garage Conversion Discussion ➢ Recruitment Process ➢ Restorative Justice ➢ Transgender Community ➢ Towing Contracts/RFP process. ➢ Myrtle /Townsend, the area around KidWorks ADJOURNMENT — 7:45 P.M. CARLOS R -AS Chief of Police 13C -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE, JANUARY 20, 2015 TITLE: CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL PARCEL MAP NO. 2013-164 (1135 WEST BROOK STREET) (STRATEGIC PLAN NO. 3,2) CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 21' 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 Parcel Map No. 2013 -154 (City Parcel Map No. 2014 -02), for 1135 West Brook Street (Exhibit 1), from the owner, Tioga Pass Properties, LLC, and is in the process of reviewing the map for final approval. The parcels of this map are zoned for residential use. The Tentative Parcel Map No. 2013 -154 was approved by the City Council on August 5, 2014. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of January 20, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Public Works Agency Exhibit 1: Map 17A -1 17A -2 17A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• O, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl 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 513 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 To MEMORANDUM Sonia R. Carvalho City Attorney Fred Mousavipour From: Executive Director, PWA Date: December 09, 2014 Subject: REQUEST FOR DESTRUCTION OF RECORDS The Public Works Agency requests your consent to destroy city records on the attached listing, in accordance with retention schedule outlined in City Council Resolution 2006 -045 Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Attachment 1:a• Cc: Taig Higgins, Principal Civil Engineer 19C -3 2014 Destruction of PWA Project Files RECORD RECORD RECORD DESCRIPTION RECORD START RETENTION CATEGORY SERIES ate ' DATE/ PERIOD DESTRUCTIO OF THESE RECORDS VERIFIED BY: RETENTION Taig Higgins Date Principal Civil Engineer 19C -4 PERIOD Development Development Public Works requirements Completion of Engineering Projects of approval for private Project or Folder development projects and Expiration of 2005 & Prior site plans. Includes copy of Development bond release letter Agreement, whichever is later/ 5 years Development Certificate of Proof of Liability insurance Date Received / Engineering Insurance and endorsement Project completion 2003 & Prior + 10 years Development Street Work and Encroachment Permits Date Issued / 5 Engineering Utility Permits years 2008 & Prior Development Transportation/Wide Oversized Vehicles Date Issued / 3 Engineering Load Permits years 2010 & Prior Development MCT Miscellaneous Cash Date Issued / 3 Engineering Transaction — Contains years 2010 & Prior Specific Notes J JV I 2 r of Fr d ousavipour Date Executive Director Public Works Agency DESTRUCTION -OF THESE RECORDS APPROVED BY S nia R. Carvalho —• - -° ate ' itty Attorney DESTRUCTIO OF THESE RECORDS VERIFIED BY: Taig Higgins Date Principal Civil Engineer 19C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: REQUEST FOR PROPOSAL — YOUTH PROGRAMS UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNTIES ACT {STRATEGIC PLAN NO. 2,4A) CITY MANAG R RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY, .* E ❑ As Recommended E] As Amended ® Ordinance on 1" Reading 0 Ordinance on 2nd Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Federal legislation was passed and signed into law in July 2014 replacing the Workforce Investment Act (WIA) with new legislation titled Workforce Innovation and Opportunities Act (WIOA). Early implementation of the new law will begin July 1, 2015 with full implementation expected by July 2016. While there are many changes from WIA to WIOA, the overall purpose and primary outcomes remain relatively the same. The Department of Labor (DOL) has been drafting new regulations under WIOA and recently announced a delay in their release from January 20, 2015 to spring of 2015. As required by federal procurement guidelines, the City will need to procure youth providers /programs and services that comply with the new guidelines for the upcoming program year 2015 -2016. Staff has prepared a Request for Proposal (RFP) incorporating the available information regarding WIOA Into the document. The RFP Is clear to inform the bidder that there will be changes as the State and DOL determine performance goals and outcome measures for each local workforce area. Staff is hopeful that the State and DOL's expectations will be finalized before contracts are executed in June 2015.. Contingent upon the federal allocation for next year's programs, we anticipate awarding approximately $800,000 to multiple providers. 1901-1 Request For Proposal — Youth Programs Under the Federal Workforce Innovation And Opportunities Act January 20, 2015 Page 2 RFP TIME LINE; January26,2015 Release RFP February 19, 2015 Mandatory attendance - Technical Assistance meeting March 19, 2015 Deadline to submit ro osals April 10, 2015 WIB Youth Council meeting for recommendation review May 15 2015 WIB review and recommendation to fund June 2, 2015 Submit recommendation to award contracts to City Council The procurement cycle will be for four years with staff recommending execution of a two -year agreement and the option to extend upon satisfactory performance, The Work Investment Board (WIB) will be evaluating proposals on the following components. 1) Workforce preparation with at least 20 percent of funds allocated for youth -paid work experience. a. Activities leading to attainment of secondary school diploma or equivalents b. Preparation for postsecondary education and training c. Strong linkages between academic instruction and occupational education that leads to recognized postsecondary credential d. Preparation for unsubsidized employment e. Effective connections to employers in in- demand industries and occupations of the local and regional markets 2) WIOA Program Elements (some or all of the 14 WIOA elements) 3) Program design that will meet or exceed WIOA Performance Measures 4) Special consideration will be given to youth organizations that can serve youth with disabilities, foster /emancipated youth and youth on probation WIOA requires that 75 percent of our youth allocation be spent on out -of- school youth and 20 percent of that on youth -paid work experience. Under WIOA we can now serve youth between the ages of 14 to 24 (cut off age used to be at 21). The RFP outreach will consist of a required posting of a legal notice in the Orange County Register. Staff will also utilize the City's website, Facebook page, PlanetBids, and Nixie electronic announcement. In addition, staff will send a notice by mail and communicate 19D-2 Request For Proposal — Youth Programs Under the Federal Workforce innovation And Opportunities Act January 20, 2015 Page 3 electronically to a Large network of local non -profit and educational organizations who have expressed an Interest in receiving such notices. FISCAL IMPACT There is no fiscal impact associated with this action vLoAl'I"-�M Kelly Reeroers Executive Director Community Development Agency DS /sb Exhibit: 1. Request for Proposal 19D-3 19D-4 RFP# The Santa Ana Workforce Investment Board /Youth Council Request For Proposals (RFP) for Youth Service Provider Network ervice Pr to RCE'INNO'VATIO`N & OPPORTUN m Year 2015- Poo MANDATORY TECHNICAL ASSISTANCE MEETING FEBRUARY 199 2015 @ 2PM 19D -5 ' Table of Contents RFP Schedule 3 Mandatory Technical Assistance Meeting Background & Overview 4 WIOA History Santa Ana Workforce Investment Board Santa Ana Youth Council + Mission + Priorities Youth Service Provider Network 5 Youth Service Provider Responsibilities Service Navigator Responsibilities Purpose of Request for Proposal 7 Special Consideration Youth Populations to Serve WIOA Youth Program Requirements 8 WIOA Program Elements RFP Provisions Eligible Proposers How to Obtg4n an RFP Proposal Submission Questions Regarding KFP Rejection or Modification of "Proposals Timeframe Insurance Requirements Youth Protection Fundine and Contract Terms Failed Competition Appeal Process Proposal Evaluation Criteria Proposer Application Proposal Checklist WIOA Youth RFP Questions Budget Narrative (Attachment A) Budget Form (Attachment B) YSPN Member Performance Plan (Attachment K) Assurance & Certifications (Attachment L) Certification Regarding Debarment (Attachment M) . Certification Regarding Lobbying (Attachment N) Americans with Disabilities Act (Attachment 0) Audited Financial Statement Form (Attachment Q) Agency Experience Verification Form (Attachment V) Glossary of Terms for Youth Programs City of Santa Ana Standard Contract (for Reference only) 15 16 17 18 -23 24 25 27 28 29 -30 31 32 -33 34 35 -36 37 -46 47 -61 19D-6 2 RFP SCHEDULE Jan. 26, 2015 RFP Released Feb. 19, 2015 MANDATORY TECHNICAL ASSISTANCE MEETING AT 2PM -4PM (see below for important details) Mar. 12, 2015 Deadline to Submit Questions Mar. 19, 2015 DEADLINE TO SUBMIT PROPOSAL BY 4:OOPM Mar. 24 -Apr. 2, 2015 Proposal Review Period by Santa Ana Youth Council Rating Committee (may include a facility tour and /or oral presentation) Apr. 2, 2015 Applicant Interviews (appointments will be scheduled with specific organizations) Youth Council Meeting Apr. 10, 2015 (recommend Youth Operators) May 15, 2015 Santa An' Workforce Investment Board Meeting "1 1111 (Approve Youth Operators) 11 June 3, 2015 or City'Council Approval of Contracts June 17,2015 (Execute Contracts for Youth Operators) REQUIRED ATTENDEES: Executive Director OR Program Supervisor of proposed program AND a fiscal representative who will be in charge of billing. Other relevant staff may also attend including Case Managers who will be assigned to the program. Proposers outside of California may participate in the mandatory Bidder's conference via teleconference. Arrangements must be made 5 days in advance by calling (714) 565 -2631 or emailingjcastro- cardenas @santa - ana.org. If you need special assistance to participate in this Bidder's Conference, contact City ADA Program Coordinator at (714) 647 -5340. Please call prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (Americans with Disabilities Act, Title II, 28 CFR 35.102.104) 19D-7 3 WORKFORCE INNOVATION & OPPORTUNITY ACT 2014 The Workforce Innovation & Opportunity Act (WIOA) became law in 2014, which replaced the Workforce Investment Act (WIA). The purpose of the Act is to 1) increase access to opportunities for employment, education, training and support services particularly for people with barriers to employment; 2) support workforce development systems; 3) provide workers with skills and credentials to secure and advance in employment with family sustaining wages and to provide employers with skilled workers; 4) improve the delivery of service in workforce development systems; 5) to increase prosperity of workers and employers in the United States; 6) and to increase employment, retention, earnings of participants, recognized postsecondary credentials, improve the workforce, reduce welfare dependency, increase economic self- sufficiency, meet employer skill requirements, and enhance productivity and competitiveness of the Nation. SANTA,ANA, WORKFORCEINVESTMENT BOARD The Santa Ana Workforce Investment Board (SAWIB) Was enacted in 2000 to ensure the involvement of the business and industrial community, including small, businesses, minority business enterprises; education, labor organizations, community -based organizations, economic development agencies and one stop delivery system partners in workforce investment activities. SANTA ANA YOUTH COUNCIL In 2000 the Santa Ana WIB appo'int(4, the Youth Council as a subcommittee to oversee the youth funds of WIOA. The Santa Ana Youth Council is responsible for coordinating local youth activities, developing portions of the local plan, recommending eligible service providers to deliver the 14 WIOA program elements, and conducting oversight of providers. SANTA ANA YOUTH COUNCIL MISSION To provide a comprehensive integrated system to enable youth, particularly those most in need, to acquire the necessary skills to successfully transition into and compete in the labor force and to further their education and training. SANTA ANA YOUTH COUNCIL PRIORITIES The Youth Council Priorities are in accordance with the WIB Local Strategies Workforce Plan 2013 -2017: 1. Partner with K -12 education and others on strategies that reduce high school dropout rates and encourage dropout recovery 2. Partner in developing and executing strategies to re- engage disconnected youth 3. Partner with employers, educators, and others to help youth understand career pathway options 4. Encourage youth to focus on attainments of postsecondary degrees and to earn credentials important to priority industry sector employers in the local /regional labor market. 4 19D-8 YOUTH SERVICE PROVIDER NETWORK The Youth Service Provider Network (YSPN) is a network of Youth Service Providers under the direction of the Youth Council. Youth Service Providers may be members, governmental units, public agencies, business organizations, public or private not - for - profit corporations, community -based organizations, local educational agencies or private for - profit corporations organized in accordance with state and federal laws that typically receive WIOA grants. Youth Service Providers interface with a Service Navigator who is responsible for overseeing the eligibility of youth participants, provides technical assistance, conveys laws and regulations, and ensures that Youth Providers are meeting or exceeding the WIOA Performance Indicators (refer to page 9 for WIOA Performance Indicators). The purpose of the YSPN is to provide a stronger and cohesive delivery system within the Santa Ana community, based on The All Youth One System /No Wrong Door Concept. The system focuses on academic improvement, workforce preparation, and collectively offering the 14 program elements of WIOA in a creative and interactive manner to youth participants. Youth Service Providers are required to attend the YSPN monthly technical assistance meetings. Successful Youth Providers capture and maintain the ,youth's interest, offer youth friendly facilities, and are auailable during non traditional YOUTH SERVICE PROVIDER RESPONSIBILITIES Active participation in the Santa Ana Youth Council and Youth Service Provider Net) Deliver one or more of the -14 WIOA program elements. Create and sustain partnerships with businesses, parents and other resources to se Design programs to meet or exceed WIOA Performance Indicators (refer to 9 page Performance Indicators). Recruit and refer potential WIOA,participants to the Service Navigator for eligibility F. Enroll 75% of youth by first quarter and 100% enrollment` by second quarter. G. Register youth participants into CalJobs. H. Provide and document at least one substantial service each month for each enrolled youth. I. Conduct an objective assessment of the academic levels, skill levels, and service needs of the participant. J. Maintain files that clearly document WIOA eligibility, assessments, needs and services provided to participant and performance outcome verification. K. Provide 12 -month follow -up services for "exited" participants. L. Develop systems to invoice for services on a monthly basis. M. Make available satisfaction surveys to all participants. N. Conduct continuous improvements on program model. 0. Be available and prepared for monitoring by Federal, State, SAWIB and Service Navigator. 19D-9 5 SERVICE NAVIGATOR RESPONSIBILITIES A. Provide technical assistance and eligibility training to all providers. B. Track and maintain program /provider performance goals. C. Develop policies and procedures to ensure compliance with Federal, State and Local WICA rules, regulations and goals. D. Collect eligibility documentation and certify WICA eligibility. E. Ensure accuracy and timely submission of all W10A documents as required. F. Maintain an automated client tracking system. G. Refer all eligible youth to appropriate W10A Youth Service Providers. H. Assist in the recruitment of potential WICA participants to Youth Service Provider Network. I. Coordinate co- enrollment among Youth Service Providers. J. Active participation in the Santa Ana Youth Council. K. Coordinate (and provide as needed) 12 -month follow -up services to providers & participants. L. Process payment for services within 60 days of receipt. M. Conduct an annual fiscal monitoring of Youth Service Providers funded under W10A. on -going P. Collect, analyze an Q Create and implen Satisfaction Survey R. Be available and p e02red for monitoring by Federal, State and $A' 19D -10 mer Satisfaction the results of the B staff. er PURPOSE of REQUEST FOR PROPOSAL The SAWIB in conjunction with the Santa Ana Youth Council is accepting proposals from youth serving organizations to become members of the youth Service Provider Network, herein referred to as Youth Service Providers, to deliver a WIOA youth program for Santa Ana youth between the ages of 14 -24 that are in- school or out -of- school. The WIOA youth program should include the following components: 1) Workforce preparation with at least 20% of funds allocated for youth paid work experience 2) Enrolment, of a minimum, of 75% out -of- school youth 3) WIOA Program Requirements 4) WIOA Program Elements (some or all elements) 5) Meet or Exceed WIOA Performance Measures SPECIAL CONSIDERATION Special consideration will be given to youth organizations that can incorporate the following: 1) Serve Out -of- School youth 2) Seiye Youth with disabilities 3) Serve Faster /Emancipated youth' 41 Serve Youth on probation 5) Prepare youth for targeted in- demand industries as identified in the SAWIB's five year plan 6), Offer job training in science, technology, engineering, arts, and/or math Refer:to www.santaanawib.org for more information about the SAWB's five year plan. Refer to www.ocstem.ore for more information, about STEM, . YOUTH POPULATION TO.SERVE The Santa Ana Youth Council is committed, to serving "the neediest youth) with a priority given to out -of- school youth, high school dropouts, runaway and homeless youth, youth in foster care, court involved youth, children of incarcerated parents and migrant youth." Proposers may serve one or both youth populations, but must serve at least 75% out -of- school youth. Services cannot be provided during regular school hours. 1. Out -of- School Youth (ages 16 -24): An individual who is not attending any school (as defined by State law); between the ages of 16 -24; and one or more of the following : school dropout, not attending school for at least a quarter, high school graduate or GED who is low- income and is basic skills deficient, an English language learner, an individual in the juvenile or adult justice system, homeless individual, homeless youth, a runaway, in foster care or aged out of foster care, a child eligible for child welfare, pregnant or parenting, youth with disability, low- income individual who needs additional assistance to enter or complete an educational program or to secure or hold employment. 2. In- School Youth (ages 14 -21): An individual who is attending school, between the ages of 14 -21, low- income, and one or more of the following: basic skills deficient, English language learner, an offender, homeless individual, homeless youth, a runaway, in foster care or aged out of foster care, a child eligible for child welfare, pregnant or parenting, youth with disability, low- income who needs additional assistance to enter or complete an educational program or to secure or hold employment. 19D -11 WIOA YOUTH PR REQUIREMENTS 1. Provide an objective assessment of academic skill levels and service needs of each participant. Assessments shall include: a. Review of basic skills b. Occupational skills c. Prior work experience d. Employability interest e. Aptitudes f. Support service needs 2. Develop service strategies for each participant that: a. Directly links to 1 or more indicators of performance, b. Identifies career pathways that include education and employment goals, c. Lists appropriate achievement objectives, d. Identifies appropriate planned services. 3. Provide the following: a. Activities leading to attainment of secondary school diploma or,;equivalents b. Preparation for postsecondary education and training c. Strong linkages between academic instruction and occupational education that leads to recognized postsecondary credential d. Preparation for unsubsidized employment e. Effective connections to employers in in- demand industries and occupations of the local and regional markets WIOA PROGRAM ELEMENTS uth Service Providers are highly encouraged to incorporate the following WIOA Elements, but )T all elements are required, except for Elements 3 -Paid Work Experience and 9- Follow -Up 1. Tutoring, study skills training, dropout prevention strategies 2. Alternative secondary school services, or dropout recovery 3. Paid and unpaid work experience that have academic and occupational component which may include (Note: not less than 20% of funds shall be used for paid work experience): a. Summer employment b. Pre - apprenticeship programs c. Internships and job- shadowing d. On- the -job training opportunities 4. Occupational skills training — priority for recognized credentials aligned with sectors in- demand 5. Education offered concurrently with workforce preparation activities for specific occupation or cluster 6. Leadership development — community service and peer- centered activities 7. Supportive Services 8. Adult mentoring 9. Follow -up services for not less than 12 months after exit (Note: this is required) 10. Comprehensive guidance and counseling —drug and alcohol, etc. 11. Financial literacy 12. Entrepreneurial skills training 13. Labor market information — career awareness and exploration 14. Activities to help youth prepare for and transition to postsecondary education 8 19D -12 WIOA PERFORMANCE INDICATORS The State is in the process of finalizing the Performance Indicator benchmarks for Program Year 2015- 2016; therefore, specific percentages are not available at this time. 1. Percent of participants who are in education /training activities, or in unsubsidized employment during the 2nd quarter after exit 2. Percent of participants who are in education /training, or in unsubsidized employment during the 4 1 quarter after exit 3. The median earnings of participants in unsubsidized employment during the 2nd quarter after exit leads 19D -13 9 WIOA YOUTH ELIGIBILITY Youth must be determined eligible by the Youth Service Navigator In order to receive services from a WIOA granted Youth Service Provider. The following criteria are the Youth Eligibility for WIOA: 1. Be authorized to work in the United States; AND 2. Be in compliance with the Selective Service Act (males 18 +); AND 3. Be a Santa Ana resident (residency not considered for foster youth, emancipated youth, wards of the court, and homeless); AND 4. Out -of- School Youth —an individual who is A. Not attending any school (as defined by State law); B. Not younger than age 14 or older than 24; and C. One or more of the following: i. School Dropout ii. Not attending school for at least a q ill. H'igh(sthool graduate or GM who is a. Basic skills deficient b. An English fang D. An individual in the juvenile or adult ju E. Homeless individual, homeless youth, a uagelearner stice system runaway, in foster care or ag ditional assistance to enter or employment (low income also ii. English language learner iii. An offender E. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child eligible for child welfare F. Pregnant or parenting G. Youth with disability H. Low income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment (low income also includes youth living in high poverty area) I. Requires Additional Assistance (as defineid by Santa Ana Youth Council): 10 19D -14 eligible for child welfare F. Pregnant or parenting G. Youth with ,a disability H. Low income individual who requires ad educational program to secure or hold living in high poverty area) OR ' 5. In School Youth —an individual who is A. Attending school B. Between the ages of 14 -24 C. Low - income individual; and D. One or more of the following i. Basic skills deficient uagelearner stice system runaway, in foster care or ag ditional assistance to enter or employment (low income also ii. English language learner iii. An offender E. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child eligible for child welfare F. Pregnant or parenting G. Youth with disability H. Low income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment (low income also includes youth living in high poverty area) I. Requires Additional Assistance (as defineid by Santa Ana Youth Council): 10 19D -14 L Youth with disabilities as defined by Santa Ana Unified School District recognized assessment tools and /or State Department of Rehabilitation; ii. Family History of long term welfare dependency; iii. Youth with gang affiliation; iv. Limited English Proficiency; V. Poor work history (applies to older youth see definition); vi. Have repeated at least one secondary grade level or are one year over age for grade; vii. Have a core GPA of less than 1.5; viii. For each year of secondary education, are at least two semester credits behind the rate required to graduate from high school; ix. Are emancipated youth; X. Have emancipated from foster care system xi. Have aged out of foster care; xii. Are previous dropouts or have been suspended or have been expelled xiii. Are court /agency referrals mandating school attendance; xiv. - Are deemed at risk of dropping out of school by a school official; xv. Have been referred to or are being treated by an agency for a substance abuse related problem; xvi. Have experienced recent traumatic events, are victims of abuse, or reside in an abusive environment as documented by a school official or other qualified professional; xviL Have serious emotional, medical or psychological problems as documented by a qualified professional. Note: the term "requires additional assistance" is subject to change due to pending State definition and regulation according to the new WIOA law. 19D -15 11 GENERAL RFP PROVISIONS ELIGIBLE PROPOSERS Eligible Proposers may be may be governmental units, public agencies, business organizations, public or private not - for - profit corporations, community -based organizations, local educational agencies or private for - profit corporations organized in accordance with state and federal laws. HOW TO OBTAIN AN RFP 1) City of Santa Ana website www.ci.santa- ana.ca.us /bids -rfps 2) Santa Ana Workforce Investment Board website www.santaannawib.org 3) Request electronic copy from icastro- cardenas @santa- ana.org or call (714) 565 -2631 4) Pick -up at the Santa Ana Workforce Investment Board Office at 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA92701. Proposals must be ;physically received by;the due date,': Proposals that do not meet this deadline will not be considered. Postmarked gnvelopes not physically received by the deadline will not be accepted. Proposals and amendments to proposals submitted after the due date will be rejected by the City as non responsive and returned to the proposer. The City reserves the right to reject all proposals. Refer to page for RFP Schedule. Proposers must attend the Mandatory Technical Assistance Meeting in order to be considered. Due Date: March 19, 2015, no later than 4:00 PM: Deliver to: Julie Castro - Cardenas (WIB Staff) Contact Info: Community Development Agency Santa Ana WIB /Youth Council 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Jcastro-cardenas@santa-ana.org (714) 565 -2631 Submit: 8 Total Copies of Proposal Packet (1 original + 7 copies, refer to page 15) Requirements: 12 point font, standard margins QUESTIONS REGARDING THE RFP All questions submitted to WIB staff must be in writing via email. Questions that arise prior to the Bidder's Conference will be answered at the meeting and made available on the SAWIB and City of Santa Ana websites: www.santaannawib.org and www.ci.santa- ana.ca.us /bids -rfps. Deadline to submit questions regarding the RFP is March 12, 2015. REJECTION OR MODIFICATION OF PROPOSALS SUBMITTED The City reserves the right to reject any or all proposals submitted, and is not liable for any pre - contractual expenses such as expenses incurred by the proposer in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by proposer prior to date of award, if any, of the contract. Offer shall not include any such expenses as part of the price as proposed in response to this RFP. The City of Santa Ana may waive any minor defects in a proposal. 19D -16 12 RFP TIMEFRAME This RFP (procurement) will be effective for a four (4) year cycle beginning February 19, 2015 and ending February 19, 2019. Selected providers must be in good standing with the City of Santa Ana and Workforce Innovation & Opportunity Act programs. Providers will be expected to be operational in Santa Ana /Orange County by July 1, 2015 and enter into a contract with the City of Santa Ana that is substantially similar to the standard contract hereby attached on page 47 -61. INSURANCE REQUIREMENTS Awarded programs must provide Certificate of General Liability, Workers Compensation, Additional Insured Endorsement, and Sexual Abuse & Molestation Insurance coverage. Insurance requirements apply during the operating program year and during the 12 month follow -up period. Contractor evaluations will be assessed during the third quarter of the program year. YOUTH PROTECTION To maintain a safe environment, the awarded Youth Service Providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least 52.000.000. Youth Service Providers will be held resoonsible for conductine a and a FUND Can we mak FunoS.available for WICA Youth Progral determined at this time. Typical contras reimbursement based contracts with a'i Selected providers must be .h good star Opportunity Act. Providers will be expe 2015 and enter into a contract with the that has your organization's Youth VG AND CONTRACT TERMS them Z year funded colltracts? Services fo,'r PY 2015 -2016 and 2016 -2017 have not begn range from $140,000- $200,000.iThese contracts are expected payment turn', around of approximately 60 days. ing with the City of Santa Ana and Workforce Innovation & ad to be operational in Santa Ana /Orange County by July 1, ity of Santa Ana. Contracts may not begin until fully executed by City Council. Awarded programs must provide Certificate of General Liability, Workers Compensation, Additional Insured Endorsement, and Sexual Abuse & Molestation Insurance coverage by July 1, 2015. Awarded programs will operate for one program year (12 month contract) beginning July 1, 2015 and ending June 30, 2016 and are required to conduct follow -up services to youth for 12 months thereafter from July 1, 2016 -June 30, 2017. Contractor evaluations will be assessed during the third quarter of the program year and must remain in good standing. FUNDING RESTRICTIONS 1. WIOA prohibits any department or organization of the United States from exercising any direct supervision, or control over education curriculum. 2. All funds made available under the WIOA must be used in accordance with the requirements of the Act and includes restrictions on School -To -Work activities. 3. No funds may be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth. 4. Equipment may not be purchased with WIOA funds under this contract. 5. Consumables that will be used beyond the program contract are not allowed to be purchased. 1901-17 13 6. Subcontracting client services /activities is not permissible under this contract. All other subcontracting activities occurring post submission of proposal must be approved by the Santa Ana Youth Council. 7. All providers must have email, Internet and computer capabilities since the Service Navigator may use these technologies to facilitate communication and track clients. 8. Administrative costs cannot be more than 10% of the budget. DISCLAIMERS All funded programs shall be operated in accordance with the Workforce Innovation & Opportunity Act and all subsequent laws in relation to WIOA. All programs shall also comply with State of California and City of Santa Ana WIB rules, regulations, guidelines and procedures. The Santa Ana WIB /Youth Council reserves the right to modify the scope of the program and requirements to any extent necessary to ensure compliance with State and /or Federal guidelines and goals. FAILED COMPETITION If, after following all the procurement procedures, only one proposal is submitted — this is considered a failed competition. If two or more RFPs were issued and only one proposal was returned and the WIB determines thatrthe proposal is acceptable for funding, this is called a noncompetitive proposal (safe source). The justification for funding a' proposal that resulted from a "failed competition" under the aforementioned circumstances would be "after solicitation of a number of sources, competition was If a proposer be regulation, the referencing the ARencv, P.O. Bc decision or denial register ,a complai Dn to Deborah St Santa Ana, CA, c after the Santa Air B has in violation of any applicable statute or a letter Aelineating the complaint and iinistratlon, Community Development letter of complaint must be received the funding decision. 19D -18 14 PROPOSAL EVALUATION CRITERIA Experience & Qualifications 5 points Proposed Program 5 points Population 5 points Assessment 3 points Paid and Unpaid Work Experience 5 points Alternative Secondary School Services 4 points Preparation for Postsecondary Education and Training 5 points Budget Narrative 5 points Budget 5 points Letter of Commitment 3 points Letter of Intent 3 points Completeness & Neatness 2 points Special consideration points ?? 19D -19 15 COVERPAGE PROPOSER APPLICATION Organization Legal Name Organization DBA $ Program Name Program Address Corporate Office Address Contact Person & Title Email Telephone # Fax # Federal ID Number ORGANIZATION STATUS Public Non - Profit Corporation $ Private Non -Profit Requested Private for Profit Government Other Years in Operation, TARGET POPULATION Older Youth Younger Youth Out -of- School In- School # of Youth to be Served in 2015 -2016 Total WIOA Funds $ Requested In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the organization named above. Signature Title Date 16 19D -20 PROPOSAL CHECKLIST This checklist is provided to assist the proposer in ensuring that a complete proposal is submitted. Failure to include any applicable forms will result in a disqualification of the proposal. The City reserves the right to withdraw consideration of any proposal if evidence of compliance is not provided or if compliance status changes during the RFP process. Check box if documents are attached to Proposal packet in the following order: 1 Original Proposal Packet should include all the following attachments with original signatures. ❑ Proposer Application (Cover Page) ❑ Proposal Checklist ❑ Proposal ❑ A— Budget Narrative ❑ B— Budget Form ❑ C— Letter of Support (partner organization) ❑ D— Letter of Commitment (employers) ❑ E —Work Based Learning Policy ❑ F— Letter of Intent (training) ❑ G— Supportive Service Policy ❑ H— Incentive Policy ❑ I— Procurement Policy & Procedures ❑ J— Program Documents, Logs, Timecards, Records ❑ K —YSPN Member Performance Plan ❑ L— Assurances & Certificates ❑ M— Certificate Regarding Debarment ❑ N— Certificate Regarding Lobbying ❑ O— Americans with Disabilities Act & Equal Opportunity Law ❑ P —Youth Protection Policy (if serving minors) ❑ Q— Audited Financial Statement Form ❑ R —IRS Form 990 ❑ S— Non - Profit Verification Form (if applicable) ❑ T— Audited Financial Statement (most recent) ❑ LI— Audited Financial Statement (2 "d most recent) ❑ V— Agency Experience Verification Form 7 Proposal Packet Copies should include the following attachments. ❑ Proposer Application (Cover Page) ❑ Proposal Checklist ❑ Proposal ❑ A— Budget Narrative ❑ B— Budget Form ❑ C— Letter of Support (partner organization) ❑ D— Letter of Commitment (employers) ❑ E —Work Based Learning Policy ❑ F— Letter of Intent (training) ❑ G— Supportive Service Policy ❑ H— Incentive Policy ❑ K —YSPN Member Performance Plan ❑ P —Youth Protection Policy (if serving minors 19D -21 17 WIOA YOUTH RFP QUESTIONS Instructions: Please provide a narrative response for each section and maintain the formatted sequence according to the headers. Please answer each question as concisely as possible. Use font size 12 and standard size margins. 20 pages maximum Experience /Qualifications (1 page) A. Briefly describe your organization. B. List the facility address and address of headquarters if different location. Please include major cross streets. C. Indicate hours of operation for facility. D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue 2. Brief description of staff 3. Past experience with WIOA programs or other youth programs 4. What kind of impact has your organization has made on the youth community II. Proposed Program A. Provide an overview of the program's main objectives. B. Please provide a full description of the program in sections III -XV. NOTE: It will be expected that a full -time case manager operate this program. III. Population A. Describe the total number of youth that will be served by this grant. B. Describe the age range of the youth that will be served. C. Describe any minimum requirements that youth need to have in order to be enrolled into your program (aside from the WIOA Youth eligibility requirements). D. Youth Providers are required to enroll 75% of out -of- school youth. E. Special consideration for organizations that can serve the following youth populations: 1. At least 75% of Out -of- School youth (required) 2. At least 10% of youth with disabilities 3. At least 10% of foster /emancipated youth 4. At least 10% youth that have dropped out of high school 5. At least 10% of youth on probation F. Specify how the targeted youth populations (out -of- school, youth with disabilities, foster /emancipated, probation, dropouts) will be recruited. G. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as H. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2015). 19D -22 18 IV. Assessment A. Youth Service Providers are required to use the Test for Adult Basic Education (TABE) assessment tool, but may use other assessment tools B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. C. Describe knowledge of the barriers that youth encounter. D. Specify how your organization will address the barriers that youth encounter. V. Paid & Unpaid Work Experience A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as: 1. Summer employment 2. Pre - apprenticeship programs 3. Internships or job-shadowing 4. On- the -Job training opportunities B. Special consideration will be given to organizations that can prepare youth for targeted in- demand industries as identified in the SAWIB's five year plan: 1. Manufacturing 2. Healthcare and associated social services 3. Hospitality /entertainment 4. Green /clean /environment C. Special Consideration for organizations that offer job training /preparation in the industries of: 1. Science 2. Technology 3. Engineering 4. The Arts 5. Math D. List some of the employers that will assist in the paid and unpaid work experience opportunities. E. Include Letters of Commitment from employers as F. Include a copy of the Work Experience policy as VI. Alternative Secondary School Services A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. C. Special consideration for organizations that offer dropout prevention or dropout recovery services. 1901-23 19 VII. Preparation for Postsecondary Education and Training A. Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. B. Special consideration for organizations that offer preparation for postsecondary education and training in high- demand industries. C. Identify and /or develop a pathway for youth that can lead them from high school to career or college. Please elaborate on the specific pathway(s). D. Describe in detail how the program will prepare youth for postsecondary education and training. E. How will your organization expose youth to the various post- secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.). F. Describe the certificates that youth will be able to earn while in your program or within 1 year after exit. G. Include data and research that supports the industries or pathways listed above. H. Include Letters of Intent from training agencies as Tutoring A. Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABE) on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient" whom should receive tutoring or remedial training to improve their literacy and numeracy skills. B. Describe in detail the tutoring resources that will be provided to youth. III. Mentoring A. Specify how your organization will provide mentoring to youth. B. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions, mental health issues, low self - esteem, probation, gang issues, parenting issues, etc. C. Will your organization offer mental health services or referrals to mental health agencies, describe. D. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. IV. Workshops A. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: 1. Financial Literacy/ Budget Management 2. Entrepreneur Skills Training Labor Market Information 4. Family Planning 5. Worker's Rights /Labor Laws 6. Analytical Skills at the Workplace 7. Health Resources 8. Public Speaking Skills 20 19D -24 VIII. Civic Engagement or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. C. Special consideration for organizations that can leverage funds to provide services to non -WICA youth participants. V. Supportive Services A. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc. If so, please describe. B. Include the Supportive Service Policy as IX. Incentives A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. B. Include the Incentive Policy as X. Follow -Up Services A. Youth Service Providers are required to provide follow -up services to youth participants for not less than 12 months after exit. B. Elaborate on the types of objectives and services that will be provided to youth during the 12 month follow -up period. XI. WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: 1. Percent of participants who are in education or training or unsubsidized employment during the 2nd quarter after exit. 2. Percent of participants who are in education or training or unsubsidized employment during the 4th quarter after exit. 3. Document the median earnings of participants in unsubsidized employment during the 2nd quarter after exit. 4. Percent of participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit. 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. 6. Effectiveness in serving employers. 19D-25 21 XII. Prior Outcomes A. If your organization was previously awarded a WIA contract through the Santa Ana Workforce Investment Board please disclose your organization's past performance outcomes for the past 1 -2 vears: COMMON MEASURES 2012 2013 (Example: 5 s 15=33%) (Example: 5 -`15 = 33 %) Increased Literacy /Numeracy Skills - _ % - _ %, Entered Employment or Post - Secondary — _ % Attained Credential /Diploma /Certificate — _ % XIII. Fiscal Competency A. Describe the process used to capture and report fiscal data. B. Attach a copy of the organization's procurement policies and procedures as C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. D. Describe invoicing process and list qualifications of staff assigned to task. E. Describe how your organization's financial stability is not dependent on WIOA funds. F. Submit most recent 2 years of audited financial statements as � , 3 � with the Audited Financial Statement Form signed. XIV. Subcontracting A. Subcontracting client services /activities is not permissible under this contract. However, if planning to subcontract non - client services such as payroll services, lease of equipment, etc., then please identify the subcontractor and the estimated cost for the services. B. None of the duties or work to be performed by the proposing organization shall be subcontracted or assigned to any other organization, consultant, or person without the prior written consent of City. Proposing organization must submit all subcontracts and other agreements that relate to this Proposal to City. No subcontract or assignment shall terminate or alter the legal obligations of proposed program. XV. Budget Narrative (2 pages maximum) A. Note: Budget Narratives will be reviewed to ensure that cost is justified and reasonable for the activities /services proposed, applicant is not solely relying on WIOA funds, and that the program is leveraging funds from other resources. B. Budget Narrative should be included as a separate page, as M.111V . Please summarize item 1 (below) in the beginning of the budget narrative, then proceed with item B: 1. Identify the percentage of budget that will go directly to youth (work experience payments, direct training, supportive services, etc.) versus the percentage of overhead and administrative costs. 22 1901-26 (ex: 50% of budget will be directly spent on youth in the form of work experience and training). C. Include a detailed narrative that outlines each line item listed on the Budget Form, D. At the end of the narrative please explain the pertinent documents /forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, record logs etc.). Include the pertinent forms as XVI. Budget A. Use Budget Form 111111M to outline the program's budget. (Excel version available upon request.) Note: The Budget Form will be reviewed for accuracy and completeness. All proposals will be reviewed for costs that are allowable under WIOA, necessary, reasonable, and competitive, as measured by the review of the line item budget, the program design and the comparison to all other proposals. XVII. Attachments Note: please include and label each attachment according to the following order. A. Budget Narrative L. Assurances & Certificates B. Budget Form M. Certificate Regarding Debarment C. Letter of Support (partner agency) N. Certification Regarding Lobbying D. Letter of Commitment O. Americans with Disabilities Act & Equal (employers) E. Work Based Learning Policy F. Incentive Policy G. Supportive Service Policy H. Incentive Policy I. Procurement Policy & Procedure J. Program Documents, Logs, Timecards, Records, etc. K. YSPN Member Performance Plan Opportunity Law P. Youth Protection Policy (if serving minors) Q. Audited Financial Statement Form R. IRS Form 990 S. Non - Profit Verification Form T. Audited Financial Statements (most recent) U. Audited Financial Statements (2nd most recent) V. Agency Experience Verification Form 1901-27 23 BUDGET NARRATIVE for Identify the percentage of budget that will go directly to youth (work experience payments, direct training, supportive services, etc.) versus the percentage of overhead and administrative costs. (ex: 50% of budget will be directly spent on youth in the form of work experience and training). 2. Include a detailed narrative that outlines each line item listed on the Budget Form. At the end of the narrative please explain the program documents, logs, youth timecards, etc. that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, etc.). Please Include the program forms as M tui 24 19D -28 Budget Form Instructions for YSPN Membership All costs related to the program activities described in the proposal must be included on the Budget Form. A budget narrative must be attached on a separate sheet of paper for all line items marked with an asterisk. Personnel Salaries: List each individual position dedicated to this project. List title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project. Benefits: List each individual position dedicated to this project. List title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project. OPERATING EXPENSES Rent or User Fee: Provide percent of office space that will be charged to this project. Describe how percentage was determined. Equipment Rental Fee (equipment may not be purchased): List items that will be used for this project. Provide percent of rental fee that will be charged to this project. Describe how percentage was determined. Vehicle Lease (vehicles may not be purchased): Provide list of vehicles dedicated for this project. Describe vehicle use and percentage of use that will be charged to this project. Describe how percentage was determined. Note: CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 minimum limit. Indirect Cost: Provide indirect cost rate plan. Participant Wages: Describe costs directly related to individual participants such as paid training and /or work experience. Include number of youth, hourly wage, benefits and bonuses. Include length of activity. Support Services: Attach policies and procedures for supportive services. Policy must include spending limits. Participant Incentives: Indicate the type of payment, rate of payment and describe what youth must achieve to receive the incentive. Other: This item may include fieldtrips and youth stipends. All items must listed and include cost details. Note: Audit Requirements States, local governments and non - profit institutions who spend $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A -133, "Audits of States, and Local Governments and Non - Profit Institutions." 1901-29 25 BUDGET FORM 26 19D -30 Administrative Cost (Not to Exceed 10%) Total Program Cost Total WIOA Cost Match /In Kind Personnel Salaries 1 2 3 4 S Personnel Ber1`efits 1_ 2 3 4 5 Total Personnel Salaries & Benefits $0.00 $0.00 1 $0.00 $0.00 Operating Expenses Rent* Utilities Phones Internet Fees Parking Fees Security Maintenance Insurance Equipment rental fees* Equipment rental fees* Vehicle lease* Office expenses (consumables) Accounting Services Legal Services Auditing Services Indirect Cost* Staff Training* Staff Conferences* Staff Travel /Mileage Participant Wages* Supportive Services* Participant Incentives* Youth Conferences* Total Operating Expenses $0.00 $0.00 $0.00 $0.00 GRAND TOTAL (personnel +operating) $0.00 $0.00 $0.00 $0.00 26 19D -30 YSPN MEMBER PERFORMANCE PLAN 2015 -2016 WIOA YOUTH POPULATION Youth Population Ages # of Youth to be Served in- School " per Quarter Out -of- School (75% minimum) 1.t TOTAL NUMBER OF YOUTH TO BE SERVED 2° .(100 % Enrollment Required) ,: PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2N° QUARTER- DECEMBER 31, 2016) Quarter # of Enrollments Estimated Expenditures per Quarter per Quarter 1.t $ 2° .(100 % Enrollment Required) ,: $ 3' $ 4° $ TOTAL $ 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program (Projected Benchmarks subject to change ) 1. Tutoring, study skills training, dropout prevention 1. % of Participants who are in strategies education /training, or in unsubsidized employment during the 2nd quarter after exit 2. Alternative secondary school services or dropout recovery Benchmark: 75% 3. Paid & unpaid work experience that have academic 2. %of Participants who are in and occupational components, which may include: education /training, or in unsubsidized summer employment, pre- apprenticeship, internships employment during the 4th quarter after exit & job- shadowing, or On- the -Job training (20% of funds Benchmark: 75% must be used for this element) 4. Occupational skills training — priority for recognized 3. The median earnings of Participants in credentials aligned with sectors in- demand unsubsidized employment during the 2nd quarter after exit Benchmark: $_ S. Education offered concurrently with workforce 4. % of participants who, during the program, preparation activities are in education or training that leads to a recognized postsecondary credential or 6. Leadership development- community service & peer centered activities employment AND who are achieving measurable skill gains Benchmark: 65% 7. Supportive Services g. Adult mentoring 9. Follow -up services for not less than 12 months after 6. % of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark: 65% 11. Financial literacy 7. Effectiveness in serving employers Benchmark: 65% 12. Entrepreneurial skills training 13. Labor marker information - career awareness and exploration 14. Activities to help youth prepare for and transition to postsecondary education 19D-31 27 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal w ill be automatically rejected. Please initial each box. ❑ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this organization or business to submit this proposal. ❑ We are not currently on any Federal, State of California, or local Debarment list. ❑ We will provide records to show that we are fiscally solvent, if needed. ❑ We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. ❑ We have additional funding sources and will not be dependent on WIOA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ❑ Records that accurately reflect actual performance. ❑ Maintain record confidentiality, as required. ❑ Reporting financial, participant, and performance data, as required. ❑ Comply with State and Federal fiscal and program activity audits. ❑ Comply with Federal and State non - discrimination provisions. ❑ Meet requirements of Section 504 of the Rehabilitation Act of 1973. ❑ Meet requirements of the American's with Disabilities Act of 1990 ❑ Meet all applicable labor law, including Child Labor Law standards. ❑ Agree to provide a drug free workplace. ❑ Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00. ❑ Agree to provide all participants with Grievance Procedures. ❑ Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) ❑ Procurement policies and procedures are in place and meet federal guidelines. ❑ Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: ❑ Place a youth in a position that will displace a current employee. ❑ Use WIOA money to assist, promote, or deter union organizing. ❑ Use funds to employ or train of persons in sectarian activities. ❑ Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ❑ Use WIOA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ❑ Use WIOA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIOA. ❑ Use WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Name Title Date 19D-32 28 Certification ReaardinR Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or organization; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date 19D-33 29 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction ", "debarment', " suspended ", "ineligible', "lower tier covered transaction ", "participant', "person ", "primary covered transaction ", "principle ", "proposal ", and "voluntarily excluded ", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded" from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. 19D-34 30 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any organization, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any organization, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature Date 19D-35 31 AMERICANS WITH DISABILITY ACT (ADA) AND EQUAL OPPORTUNITY (EO) LAW SURVEY I. Is there a minimum of 2 designated disabled parking slots. Per Dept. of Rehab Sect. 504 YES[:] NO❑ II. Are parking slot occupants able to reach the building's entrance for the disabled without having to go behind any other cars, or any other barriers (curb, sidewalks, etc.). Per Dept. of Rehab. Sect. 504 YES[:] NO❑ III. Is there a front door labeled with the international wheelchair access sign. Per Dept. of Rehab. Sect. 504 YES[] NO[:] IV. Is the labeled entrance's threshold not higher than % inch to allow for V 191 ME VIII. wheelchair access. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] Is the door - handle to the labeled wheelchair entrance door, a lever handle (not a round doorknob). YES❑ NO[:] Per Dept. of Rehab. Sect. 504 If any services are available on second floor, does the building have an elevator. Per Dept. of Rehab. Section 504 YES[:] NO[—] NA[:] Does the classroom, working area, and break -room have enough room to maneuver a wheelchair and /or crutches. Per Dept. of Rehab. Sect. 504 YES❑ NO❑ Does the provider catalog /employee manual, contain the organization's Grievance Policy. Per CFR Title 20, 29, 41 YES[] NO[:] IX. Is Grievance Procedure and contact person made available in writing to the participant on or before the first day of program participation. Per CFR Title 20,29,41 YES[:] NO[:] X. If serving any Limited English individuals is the grievance procedure and procedures available in their language. Per CFR Title 20,29,41 YES[:] NO[:] XI. Is there at least one internationally labeled accessible restroom for the disabled. Per Dept. of Rehab. Sect. 504 YES[] NO[:] XII. Does toilet stall for the disabled have bars on each side of wall. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] XIII. Is there a telephone reasonably accessible to handicap individuals. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] 32 19D -36 Xlv. Is there a water fountain reasonably accessible to disabled individuals. Per Dept. of Rehab. Sect. 504 YES❑ NO❑ Xv. Are auxiliary (supplementary) aides available when requested by the individual. Per CFR Title 20,29,41 YES[:] NO❑ Service Provider Information: Print First & Last Name Service Provider Signature Business Address Business Phone Number Date All information is subject to validation by SAWIB staff upon approval of award. 19D-37 33 Audited Financial Statement Please attach your organization's 2 most recent audited financial statements. Organization Name: Financial Statement Description: Calendar Year: Fiscal Year: Other Pe 19D-38 34 F R AGENCY EXPERIENCE VERIFICATION FORM To be completed by the agency applying for the WIOA Youth funds. A. RFPApplicant: No 1. Funding Agency Name: 2. Contact Person & Telephone #: 3. Contract Period: 4. Types of Funds: 5. Amount Received: 6. Amount Spent: 7. Contract Activities: 8. Years Working with this Funding Source: To be completed by the Agency that currently funds or has funded the RFP Applicant labeled in Section A. B. Administrative Experience Yes No Comments 1. Has the agency shown the capability to successfully administer grant funds and meet contracted goals. (If "No," provide comments) 2. Has the agency successfully resolved performance problems in a 2. timely manner. (If "No," provide comments) 3. Has the agency consistently submitted complete and accurate records and reports in a timely manner. (If "No," provide comments) 4. Have there been any findings of irregularities regarding the agency, its officers, its Board of Directors. (If "Yes," provide comments) 5. Has the agency had costs questioned by an audit or monitoring review. (If "Yes," provide comments) 6. Does the agency have unresolved disallowed costs. (If "Yes," provide comments) C. Probation Sanction Yes No Comments 1. Has the Applicant /Lead Agency been placed on probation in any program it has administered through your funding source. (If "Yes," provide comments) 2. Has the Applicant /Lead Agency been sanctioned or had program funds de- obligated in any program it has administered through your funding source. (If "Yes," provide comments) Page 1 of 2 19D-39 35 4l'OHREORC I! 1V�I:STNI;lP B<111UY AGENCY EXPERIENCE VERIFICATION FORM D. REPORT AUTHORIZATION Authorized Signature of Funding Agency Name of Authorized Signatory of Funding Agency Telephone Number Fax Number D. REPORT VERIFICATION Date Date E -mail Address SAWIB Staff Signature Verifying Report SAWIB Staff Name Date Telephone Number Fax Number E -mail Address RFP RESPONDENT'S AUTHORIZATION TO RELEASE INFORMATION: On behalf of my organization, I am authorizing the funding agency named in line B to release the information requested on this AGENCY EXPERIENCE VERIFICATION and any other information that will aid City of Santa Ana Workforce Investment Board /Youth Council in evaluating our demonstrated ability in operating youth programs. All information so released will become part of a public document, subject to review and inspection by the public at the City's discretion, in accordance with the Public Records Act. Authorized Signature of Respondent /Agency Name of Authorized Signatory Telephone Number Fax Number 19D-40 Date Date E -mail Address Page 2 of 2 36 Glossary of Terms for Youth Program ACADEMIC CREDIT: Credit received while a participant is in training which is applicable toward a secondary school diploma, a post- secondary degree, or a certificate of completion, consistent with State laws and the requirements of an accredited educational organization. ADMINISTRATIVE COST: The portion of the budget which is associated with the overall management and administration of the proposed program and which is not directly related to the provision of services to participants. Some examples include accounting, financial, procurement and purchasing, payroll, and personnel management. ADULT MENTORING (YOUTH): Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months. ALLOWABLE COST: Those costs which are necessary, reasonable, allocable and allowable under applicable Federal, State and local law for the proper administration and performance of services to customers. BARRIERS TO EMPLOYMENT: Characteristics that hinder an individual's ability to participate in the labor market. An eligible youth is defined as an individual who: is age 16 -21 is a low income individual and is within one or more of the following categories: • Deficient in basic literacy skills; • School dropout • Homeless, runaway, or foster child; • Pregnant or parenting; • Offender; or • Is an individual (including a youth with a disability) who requires additional assistance to complete an educational program, or to secure and hold employment. BASIC SKILLS: Those academic skills that include reading, writing and speaking English, and the skills involved in applications, computing and solving problems. BASIC SKILLS DEFICIENT: Must include a determination that an individual: A. Computes or solves problems, reads, writes, or speaks English at or below grade level 8.9; or B. Is unable to compute or solve problems, read, write, or speak English at a level necessary to function on the job, in the individual's family or in society. BASIC SKILLS TRAINING: Training provided to enhance locally defined inadequacies in levels of basic literacy skills (as defined above) which would improve an individual's ability to function in the labor market and in society. BELOW GRADE LEVEL: One or more levels or credits below that which is appropriate for the person's age. (Can be calculated from the highest grade completed and reading /math levels). CAREER EXPLORATION, PLANNING & COUNSELING (YOUTH): Activities which: 19D-41 37 A. Assist youth to gain career awareness, make career decisions and plans; and understand market needs, trends, and opportunities; B. Assist youth in making and implementing informed educational and occupational choices; C. Aid youth to develop career options with attention to surmounting gender, race, ethnic, disability, language, or socioeconomic impediments to career options and encouraging careers in non - traditional employment, and D. Orientation to skills and knowledge specific to career path and /or industry, based on SCANS career related learning standards and industry- specific skills, if relevant. CAREER RELATED MENTORING (YOUTH): An employee or other individual, approved by the employer at a worksite, who possesses the skills and knowledge to be mastered by a student; who provides the student with instruction and challenges the student to perform well; works in consultation with program staff, classroom teachers and the employer as appropriate. CASE MANAGEMENT: The provision of a client- oriented approach in the delivery of services, designed to: A. Prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary Workforce Innovation & Opportunity Activities and support services, using, where flexible, computer -based technologies; and B. To provide job and career counseling during program participation and afterjob placement. C. Case Managers and youth work together in a documented, goal oriented, participant- centered program that extends from recruitment through follow -up /retention. The case manager motivates and coordinates services and information to prepare participants for post- secondary educational opportunities, provides linkages between academic and occupational learning, and /or preparation for unsubsidized employment /training opportunities, as appropriate. CERTIFICATE: A certificate is awarded in recognition of an individual's attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation. These technical or occupational skills are based on standards developed or endorsed by employers. Certificates awarded by workforce investment boards are not included in this definition. Work readiness certificates are also not included in this definition. A certificate is awarded in recognition of an individual's attainment of technical or occupational skills by: • A state educational agency or a state agency responsible for administering vocational and technical education within a state. • An institution of higher education described in Section 102 of the Higher Education Act (20 USC 1002) that is qualified to participate in the student financial assistance programs authorized by Title IV of that Act. This includes community colleges, proprietary schools, and all other institutions of higher education that are eligible to participate in federal student aid programs. 38 19D-42 • A professional, industry, or employer organization (e.g., National Institute for Automotive Service Excellence certification, National Institute for Metalworking Skills, Inc., Machining Level I credential) or a product manufacturer or developer (e.g., Microsoft Certified Database Administrator, Certified Novell Engineer, Sun Certified Java Programmer) using a valid and reliable assessment of an individual's knowledge, skills, and abilities. • A public regulatory agency, upon an individual's fulfillment of educational, work experience, or skill requirements that are legally necessary for an individual to use an occupational or professional title or to practice an occupation or profession (e.g., FAA aviation mechanic certification, state certified asbestos inspector). • A program that has been approved by the Department of Veterans Affairs to offer education benefits to veterans and other eligible persons. • Job Corps centers that issue certificates. • Institutions of higher education which are formally controlled, or have been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes. CITIZENSHIP TRAINING: Includes life skills training such as parenting, work behavior training, budgeting of resources, and an ethic of civic responsibility. Citizenship training is one aspect of the required youth program element broadly termed "Leadership Development Opportunities ". CLASSROOM TRAINING: Academic and /or occupational training conducted in an institutional setting. Effective classroom training will provide linkages between academic and occupational learning. COLLABORATION: A mutually beneficial alliance of groups or organizations that come together to achieve common goals. This alliance is characterized by well- defined relationships that include a commitment to mutual authority and accountability for success and sharing of resources. It is expected that it transcends individual organization strategies and will integrate diverse missions, language and cultural concerns to focus on the needs of the customers. Collaboration is strengthened by a formal written agreement which delineates the responsibilities of each group, organization or entity. COMMUNITY -BASED ORGANIZATION (CBO): A private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment. COST REIMBURSEMENT CONTRACT: A contract format which provides for the reimbursement of allowable costs which have been identified and approved in the contract budget and incurred in the operation of the program. Back -up documentation is required to justify payments made under this type of contract. DROPOUT (YOUTH): An individual no longer attending school who has not received a secondary school diploma or GED (note: a youth attending an alternative school is not a dropout for the purposes of this program). ELIGIBLE or ELIGIBILITY: Refers to an individual's status in relation to his /her qualification to participate in a WIOA funded program. The following are examples of eligibility criteria for various programs: residency, age, economic status, Selective Service registration, serious barriers to employment, plant closures, layoffs, long term unemployment, etc. Specific youth eligibility requirements are defined at 20 CPR, 664.2000. 19D-43 39 ELIGIBLE YOUTH: the "eligible youth" means an individual who: A. is not less than age 16 and not more than age 21; AND B. is authorized to work in the United States; AND C. is in compliance with the Selective Service Act; AND D. is a Santa Ana Resident (local requirement); AND E. is a low income individual (up to 5% of youth participants served by youth programs may be individuals who do not meet the income criterion for eligible youth); AND F. is an individual who is one or more of the following: i. Foster Child Emancipated X. Mandated Court /Agency Referral ii. Foster Youth xi. Long Term Welfare Recipient iii. Disability xii. Suspended or Expelled iv. Basic Skills Deficient xiii. GPA less than 1.5 v. Homeless xiv. Limited English vi. Pregnant or Parent xv. Poor Work History ,ii. Runaway xvi. Gang Affiliated iii. Offender xvii. An individual who requires additional ix. School Dropout assistance to complete an education, or secure and hold employment. EMPLOYABILITY: A demonstrated level of knowledge, skills, abilities, work behaviors and attitudes necessary to become successful in the labor market. ENROLLMENT: An eligible participant who has been referred for WIOA services and for whom enrollment documents have been completed. ENTERED EMPLOYMENT RATE: A participant who exits from the program and enters (through the efforts of the WIOA, Service Provider, or through their own efforts) into regular employment for pay. State Unemployment Wage records will be the primary data source for tracking this outcome therefore; employment is currently defined as an individual showing any amount of earnings in the quarter following exit. EXITER: (point of exit for counting performance outcomes) A participant who has a termination date within the quarter and has not received any WIOA service for 90 days, except follow -up, and there are no future services scheduled that participant has exited WIOA for the purposes of performance measurement. FOLLOW -UP SERVICES: All youth participants must receive some form of follow -up services for a minimum duration of 12 months after exiting the program (termination). The types of services provided must be based on the needs of the individual. Follow -up services may include: leadership development; supportive services; regular contact with the youth's employer, including addressing work - related problems that arise; assistance with job development, career development and further education; work - related peer support groups; adult mentoring; and tracking the progress of youth in employment after training. GREEN COLLAR JOBS: Career track jobs that contribute directly to preserving or enhancing environmental quality. HOMELESS /RUNAWAY (YOUTH): A youth who lacks a fixed, regular, adequate nighttime residence. Includes those who have a primary nighttime residence that is a public or private shelter, an 40 19D-44 institution providing temporary residence, public or private place not designated or ordinarily used as a regular sleeping accommodation. Runaway is defined as a person less than 18 years of age that absents themselves from home or place of residence without permission of parent or legal guardian. INCENTIVES (YOUTH): Incentives are usually awarded to youth for successful completion of one or more components of a program. Incentives can be cash, gift certificates or other items the program feels are youth motivators (T- shirts, field trips, etc.). INDIVIDUAL SERVICE STRATEGY /PLAN (YOUTH): A written outline of employment and training goals needed for a youth to attain self- sufficiency by finding and maintaining employment. The Individual Service Plan establishes short -term and long -term goals around post- secondary education and /or career employment. An Individual Service Plan may include activities to prepare the participant for employment, services to remove barriers to employment, training and job search. Individual Service Plans must be regularly reviewed and updated as changes occur in employment goals, barriers, and program services or support services needs. INDIVIDUAL WITH A DISABILITY: In general: an individual with any disability as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.) or documented through local school Individual Education Plan. IN -KIND CONTRIBUTION: Contributions provided by a service provider from non -WIOA sources to support a WIOA training program. In -kind contributions must be itemized in the proposal and contract budgets and are subject to audit. IN- SCHOOL YOUTH: Refers to a youth, age 16 -21, who has not received a high school diploma or equivalent, and is attending school, including alternative school. INTERNSHIP (YOUTH): A structured work experience involving specific occupational skills development goals in addition to learning goals; includes the expectation that the student, upon completion of the internship, will demonstrate skills necessary for entry -level employment in the occupational area of the internship. INTAKE: Includes the screening and determination of an applicant for eligibility and: (1) a determination of whether the program can benefit the individual; (2) an identification of the employment and training activities and services which would be appropriate for that individual; (3) a determination of the availability of an appropriate employment and training activity; (4) a decision on selection for participation, and (5) the dissemination of information on the program. JOB DEVELOPMENT: The planned and organized effort by service providers to encourage employers or business organizations to make jobs available for participants. JOB PREPARATION: Job search skills training which provides the participant with the instruction to obtain part -time or full time employment. These skills may include resume writing, interviewing skills, telephone techniques, and job acquisition skills. JOB SHADOW: Competency -based educational experiences that occur at a worksite but are tied to the classroom curriculum that coordinates and integrates school -based instruction with work site experiences. 19D-45 41 LEAD AGENCY: The organization submitting the proposal requesting a direct contract with the WIB. The Lead Agency will be responsible for ensuring compliance with all terms and conditions of the contract, administration and fiscal management of the contract, and will be held accountable for program results. Lead agencies submitting proposals that incorporate a collaborative relationship with other entities in the provision of comprehensive and integrated youth services must clearly identify the collaborating organization(s), the services they will provide, and the funding to support those services. LEADERSHIP DEVELOPMENT: Leadership development opportunities are one of the ten required youth program elements. Leadership development may include: exposure to post- secondary educational opportunities; community and service learning projects; peer centered activities, including peer mentoring and tutoring; organizational and teamwork training; decision - making and setting priorities; citizenship training, including life skills training such as parenting, work behavior training, budgeting of resources, employability (pre - employment skills); and positive social behaviors (soft skills), i.e., positive attitudinal development, self- esteem, cultural diversity, and work simulation activities (work maturity skills). Leadership skills might be viewed as those skills characteristic of productive workers and good citizens. LIFE SKILLS (YOUTH): Activities and /or training that assist youth to develop marketable work habits. May include modules /training /curriculum instruction in personal finance and budgeting, parenting /pregnancy prevention, self - leadership (e.g. conflict resolution, public speaking, and management, cultural history and diversity, nutrition /fitness, and health). LIMITED ENGLISH SPEAKER: An individual whose native language is not English or who has an inability to communicate in English orally or in writing resulting in a barrier to employment or training. LIMITED INTERNSHIPS: A type of work experience conducted at the site of a private sector employer which provides exposure to work and the requirements for successful job retention. Internships may be paid or unpaid but they are intended to result in unsubsidized employment. Internships are designed to improve skill competencies and assist youth in achieving employment success. LINKAGE: Any mechanism that connects or ties services together. LITERACY: The term "literacy" is an individual's ability to read, write, and speak in English and /or compute, and solve problems at levels of proficiency necessary to function on the job, in the family of the individual, and in society. LOWER LIVING STANDARD INCOME LEVEL: Income level determined annually by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary. LOW INCOME INDIVIDUAL: An individual who: A. receives, or is a member of a family that receives, cash payments under a Federal, State or income -based public assistance program; B. received an income, or is a member of a family that received a total family income, for the 6- month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, payments described in subparagraph (A), and old -age and survivors insurance benefits received under section 202 of the Social Security Act 42 U.S.C. 402) that, in relation to family size, does not exceed the higher of- 19 D -46 42 (i) the poverty line, for an equivalent period; or (ii) 70 percent of the lower living standard income level, for an equivalent period; C. is a member of a household that receives (or has been determined within the 6 -month period prior to application for the program involved to be eligible to receive) food stamps pursuant the Food Stamp Act of 1997 (7 U.S.C. 2011et sec.); D. qualifies as a homeless individual, as defined in subsections (a) and (c) of section 103 of the Steward B. McKinney Homeless Assistance Act (42 U.S.C. 11302); E. is a foster child on behalf of whom State or local government payments are made; or F. in cases permitted by regulations promulgated by the Secretary of Labor, is an individual with a disability whose own income meets the requirements of a program described in subparagraph (A) or of subparagraph (B), but who is a member of a family whose income does not meet such requirements. MENTORING: The process of matching an advisor with a participant in order to assist the participant in successfully completing training. The role of a mentor may also include assisting the participant in transitioning into employment with the ultimate aim of job satisfaction and retention. Adult mentoring for a minimum duration of 12 month is one of the ten required youth program elements. MONITORING: The process of observing and /or reviewing performance may include on -site observation, review of paperwork and files, interviews with staff or participants, telephone conversation, and formal evaluation of compliance elements. OBJECTIVE ASSESSMENT (YOUTH): An assessment of the academic levels, skill levels, and service needs of each participant which shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of the participant. A new assessment of a participant is not required if the provider determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. OCCUPATIONAL SKILLS: Those skills identified as necessary to successfully perform work - related functions with an industry sector. Occupational skills can be attained through activities such as: 1. Entry into an apprenticeship or internship program 2. Complete a career specific, professional, technical or advanced job skill training program 3. Complete a college degree OFFENDER: An individual subject to any state of the criminal justice process who has a barrier to employment because of a record of arrest or conviction. ON- THE -JOB TRAINING: Training by an employer in the private sector that is provided to a participant that has been referred to and hired by that employer. Training occurs while the participant is engaged in productive work that: provides knowledge and /or skills essential to the full and adequate performance of the job; provides reimbursement to the employer of up to 50 percent of the wage rate of the participant for the cost of providing training; and is limited in duration as appropriate to the occupation for which the participant is being trained. ORIENTATION: Provides information about the types of services available, develops motivation and interest in the program, explains the application, selection and eligibility process, and assists applicants in preparing for the process. 19D-47 43 OUTCOME: Documented effect or impact of a service or intervention on an individual. Outcomes are what the program efforts are designed to achieve. Proposed outcomes must be stated in terms of measurable indicators. OUT -OF- SCHOOL YOUTH: An eligible youth, 16 -21 years of age, who is a school dropout; or an eligible youth who has received a secondary school diploma or its equivalent but is basic skills deficient, unemployed, or underemployed. Alternative school youth are not considered out -of- school youth. OUTREACH (RECRUITMENT): Activity involves the collection, publication and dissemination of information on program services directed toward economically disadvantaged and other individuals eligible to receive WIOA training and support services. PLACEMENT: A client securing employment while participating in the WIOA program with wages equal to or greater than the state or federal minimum wage per hour and is an unsubsidized position. PARTICIPANT: An individual who has registered and has been determined eligible to participate in and who is receiving services under a program authorized by WIOA. Participation shall be deemed to commence on the first day, following eligibility, on which the participant begins receiving core, intensive training, or other services provided under WIOA Title 1. PERFORMANCE BASED CONTRACT: Method of contracting with successful completions of certain benchmarks by the enrolled population obligates the awarding agency to make certain predetermined payments. PERFORMANCE MEASURES: • Placement in employment or education • Attainment of a degree or certificate • Literacy and Numeracy gains POTENTIAL DROPOUT (AT RISK OF DROPPING OUT): A youth who is experiencing a lack of academic success as evidenced by basic skills deficiency, by at least one school year in school credit as determined by school records, failing grades, or below GPA. PREGNANT /PARENTING YOUTH: A youth who is under 22 years of age and is either pregnant or providing custodial care for one or more dependents that are under 18 years old. PROGRAM COMPLETION: Refers to the successful achievement of the pre- specified, overall training objective(s). The term maybe used, as appropriate, to describe a subcontractor's performance under a financial agreement or a participant's performance in a training activity. Completion of a training program will be included in the calculation of the appropriate performance measurement. PROGRAM ELEMENTS: Local programs must include each of the ten program elements as options available to youth participants. PROJECT -BASED LEARNING: Learning experiences which engage students in complex, real -world projects through which they develop and apply skills and knowledge which take effort and persistence over time, result in the creation of something that matters to them and has an external audience. Employment and community partners provide students with ongoing coaching 44 19D-48 and expert advice on projects particularly in regard to effective strategies and tools used in the workplace. Projects should be authentic, involve academic rigor, applied learning, active exploration, adult connection and assessment practices. QUALIFIED STAFF: Individuals that have experience or education that qualifies the individual to conduct the training or deliver the services contracted for. REGISTRATION: (point of registration for counting performance measures) process for collecting information to determine an individual's eligibility for services under WIOA. All youth eligible for WIOA services must be registered in order to receive those services. At the point of registration, participants are counted for performance measurement purposes. RETENTION (YOUTH): Continued retention in work, school, training, education, or military. RETENTION RATE: The number of WIOA customers placed, who are employed at the end of the retention period after exiting from the program, divided by the total number of customers exited in a specific time period. SELF- SUFFICIENCY: An adequate standard of living without cash benefits. Self- sufficiency services are services that assist WIOA recipient to expand strengths and resources necessary for self- sufficiency or to reduce or eliminate barriers to self- sufficiency. SELF - SUFFICIENCY STANDARD FOR ORANGE COUNTY: Family of one must earn a minimum of $15.24 per hour or $32,177 annually. Adopted by the Santa Ana WIB on September 12, 2008. SERVICE PROVIDER: An entity such as a CBO, an educational institution, or a commercial organization which delivers services to WIOA participants under a contract. STEM: Acronym for Science /Health, Technology, Engineering and Mathematics. STIPENDS: Stipend payments may be used for youth participating in a variety of experiences. These payments may be based on attendance for youth participating in a work, education, and /or training experience. STRUCTURED WORK EXPERIENCE: A competency -based educational experience that occurs at the work site but is tied to the classroom curriculum that coordinates and integrates school -based instruction with work site experiences. SUBCONTRACT: Any compensated services performed by an individual or entity other than staff or the service provider; e.g., consultants, contracts for professional services, etc. SUBSIDIZED WORK EXPERIENCE: A career - linked job at a public or private site in which the wages paid to an employee are financially supported by a private, state or local employment and training program. SUPPORTIVE SERVICES: Service needed in order to assist the youth to be successful in achieving their goals. This may include transportation, childcare, work - related tools, and clothing. To the greatest extent possible program should address support service needs through leveraging of resources and partnerships with providers. 19D-49 45 TRACKING: The Contractor, in partnership with Santa Ana W /0 /R /K Center, will be responsible for tracking significant participant movement through the program. This will include entry into components, time in components and exits from components. Tracking will provide Santa Ana W /O /R /K Center, the contractor and other partners necessary management information to improve the program, as well as ensure that customers are all accounted for in the program. VOCATIONAL TRAINING: Provides customers with long or short -term training in a community college, university, vocational school or business environment to improve employability in the local labor market. The training can provide basic skills, upgrade current skills, develop new technical skills, improve language skills and prepare customers for employment in high growth occupations. WORK -BASED LEARNING ACTIVITIES: Activities offered which are designed to enable youth to gain exposure to the working world, acquire personal attributes, industry defined skill standards, and knowledge needed to obtain a job and advancement in employment. Activities should be designed to master progressively higher levels. Can take place at private profit, non - profit or public sector. Agencies can be paid or non -paid activities. (Note: applicable labor laws must be adhered to). Activities must be relevant to the career plan and include but are not limited to: • Career Related Mentoring • Community Service Learning • Entrepreneurial Work Experience • Internship • Job Shadow • Project -Based Learning • Subsidized Work Experience and Structured Work Experience WORK EXPERIENCE: Work experiences are planned, structured learning experiences that take place in a workplace for a limited period of time. Work experiences may be paid or unpaid. The work place may be in the private, for - profit sector, the non - profit sector, or the public sector. Work experiences are designed to enable youth to gain exposure to the working world and its requirements. These experiences should help youth to acquire the attributes, knowledge, and skills to obtain a job and advance in employment. Work experience is one of the ten required youth program elements. WORK PLAN: That portion of the contract document which describes the work to be performed by means of specifications or other minimum requirements, quantities, performance dates and a statement of the quality expected. WORK READINESS: Completion of one or more workforce readiness skill activities appropriate to the service plan development for the participant, which could include: • Career Related Assessment and Goal Setting • Pre - Employment Training • Work Experiences /Internships • Job Shadows • Career Explorations • On- the -Job Training 19D -50 46 AGREEMENT UNDER THE WORKFORCE INNOVATION & OPPORTUNITY ACT THIS AGREEMENT, made and entered into this by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area ( LWIOA) under the Workforce Innovation & Opportunity Act , Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIOA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIOA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said prograrn pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 19D -51 47 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Innovation & Opportunity Act, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIOA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age 19D -52 48 Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Innovation & Opportunity Act Application form (WIOA EWIR) and supporting documents within 45 days of application date; a complete Workforce Innovation & Opportunity Act Enrollment /Registration form (WIOA EWIE) and Workforce Innovation & Opportunity Act Goals form (WIOA EWIG) must be submitted along with the WIOA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Innovation & Opportunity Act Youth Test Scores form (WIOA EYTS) within 30 days of application date; Workforce Innovation & Opportunity Act Exit form (WIOA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Innovation & Opportunity Act Follow -Up Contact Information form (WIOA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which 19D -53 49 CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Govermnent or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete monthly Invoices /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the twentieth (20th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A -133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow fiords or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. CONTRACTOR shall comply with the requirements of federal 50 19D -54 regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a stun not to exceed for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit V during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 19D -55 51 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on and all duties arising under this Agreement shall have been performed by . The tern of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. IV. 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. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirernents described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 155 1) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. 52 19D -56 B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) performance measures for all youth ages 14 -21. Pending WIOA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Innovation & Opportunity Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or docinnents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate 19D -57 53 languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Govermnent Patent Policy as printed in 36 FR 16889). 54 19D -58 B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR'Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will betaken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or 19D -59 55 implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non- voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save hannless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. 19D -60 56 VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5. Proof of Insurance. Certificates and endorsements roust be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. 19D -61 57 IX. CORPORATESTATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by 19D -62 58 both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. 19D-63 59 XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERIC: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: 19D-64 60 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Cleric of the Council APPROVED AS TO FORM: City Attorney BY: Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" in City Manager "CONTRACTOR" Executive: Tax ID #: 19D-65 61 19D -66 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR DECEMBER 2014 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for December 2014. DISCUSSION The December 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. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-planning/ 19E -1 19E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: APPROPRIATION ADJUSTMENT FOR THE NATIONAL ARTS AND HUMANITIES YOUTH PROGRAM AWARD {STRATEGIC PLAN NO. 2,2A) Jn l l' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing grant revenue in the amount of $10,000 in the Library Grants revenue account (no. 15311002 52000) and appropriating funds to the Library Grants expenditure account (no. 15311150 63001). DISCUSSION The Santa Ana Public Library was chosen as one of ten programs in the United States to receive a National Arts and Humanities Youth Program Award. This program is jointly funded by the President's Committee on the Arts and the Humanities, the National Endowment for the Arts, the National Endowment for the Humanities and the Institute of Museum and Library Services. The Santa Ana Public Library received this award in recognition of the TeenSpace's Circle of Mentoring, a program dedicated to providing teens and young adults from Santa Ana direct mentorship and tutoring, including cultural exposure and enrichment, community and civic engagement, and opportunities for creative expression, from trained library staff members. The TeenSpace program will use the $10,000 to help kick start a pilot program focusing on visual arts through the medium of interactive gaming and e- sports. Funds will be used to purchase high -end gaming equipment to engage youth in our projected 3D and Video game design programs that we are hoping to launch in the upcoming year. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #2, Expand youth programming, Strategy a, Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after - school programs during out -of- school hours at the library and community centers. 20A -1 Appropriation Adjustment for National Arts and Humanities Award January 20, 2015 Page 2 FISCAL IMPACT The appropriation adjustment will recognize revenue in the amount of $10,000 in the Library Grant revenue account (no. 15311002 52000) and appropriate an equal amount to the Library Grant expenditure account (no. 15311150 63001). APPROVED AS TO FUNDS AND ACCOUNTS: IlYr -i i�a . Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 20A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: COOPERATIVE AGREEMENT FOR IMPLEMENTATION OF HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 166828) (STRATEGIC PLAN NO. 6, 1, B) chry MA WAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 n Reading ❑ Ordinance on 20' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Cities of Garden Grove, Fountain Valley, and Costa Mesa, subject to nonsubstantive changes approved by the City Manager and City Attorney, to implement the Harbor Boulevard Corridor Traffic Signal Synchronization Project. Approve an appropriation adjustment recognizing an additional $61,880 in matching funds from the Cities of Garden Grove, Fountain Valley, and Costa Mesa, into the Measure M Street Construction revenue account, and appropriating the same amount to the Measure M Street Construction expenditure account for the Harbor Boulevard Corridor Traffic Signal Synchronization Project. DISCUSSION Approval of these recommended actions will allow the City to receive necessary funds to implement an inter - jurisdictional traffic signal synchronization project along the Harbor Boulevard corridor which runs from Chapman Avenue in Garden Grove to Newport Avenue in Costa Mesa. The synchronization work will help to alleviate regional traffic congestion and localized gridlock during peak traffic hours when vehicle speeds are lowest, while also regulating vehicle platoon speeds so as not to exceed speed limits. On October 21, 2013, Council authorized staff to submit joint applications with the participating agencies for funding consideration under the Orange County Transportation Authority (OCTA) renewed Measure M2 Regional Traffic Signal Synchronization Program. The Harbor Blvd project was submitted to provide inter - jurisdictional traffic signal synchronization and improvements along the corridor through the cities of Santa Ana, Garden Grove, Fountain Valley, and Costa Mesa. In April 2014, the OCTA Board approved the local agencies' funding request of $1,852,080 from Measure M2 funds. This grant award was included in the FY 14/15 Capital Improvement Program (CIP) approved by City Council in June 2014. Based on preliminary estimates, the FY 14/15 CIP 20B -1 Cooperative Agreement for Harbor Blvd Traffic Signal Synchronization Project January 20, 2015 Page 2 also budgeted the required 20 percent matching fund allocations of $150,000 for City of Santa Ana and $260,680 for the participating cities of Garden Grove, Fountain Valley, and Costa Mesa. Final project cost estimates identify the participating cities' share to be $322,560, which will require an appropriation adjustment to recognize the additional $61,880. The cooperative agreement identifies the City of Santa Ana as the lead agency for implementing the project and stipulates that participating agencies are committed to providing the matching funds for the project. The project will provide and maintain the inter - jurisdictional traffic signal synchronization of Harbor Boulevard corridor for a three -year period. At the end of the three -year project, responsibility for ongoing signal timing maintenance will revert to the respective local agencies. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2014 -82 has been filed for the project. FISCAL IMPACT An additional $61,880 in matching funds from the Cities of Garden Grove, Fountain Valley, and Costa Mesa will be deposited into the Measure M Street Construction revenue account (03217002- 52332) and appropriated into the Harbor Boulevard Corridor Traffic Signal Synchronization Project, Measure M Street Construction expenditure account (03217663- 66220, Project 15- 6828). Public Works Agency FMNN Exhibit: 1. Cooperative Agreement APPROVED AS TO FUNDS AND ACCOUNTS: wmen L-Lr A _ Francisco Gutierrez Executive Director Finance & Management Services Agency 20B -2 COOPERATIVE AGREEMENT BY AND BETWEEN THE CITIES OF SANTA ANA, GARDEN GROVE, FOUNTAIN VALLEY, AND COSTA MESA FOR THE HARBOR BOULEVARD CORRIDOR TRAFFIC SIGNAL SYNCHRONIZATION PROJECT This Cooperative Agreement ( "Agreement') is made and entered into this day of , 2015, by and between the CITY OF SANTA ANA, a charter city ( "SANTA ANA "), the CITY OF GARDEN GROVE, a municipal corporation ( "GARDEN GROVE "), the CITY OF FOUNTAIN VALLEY, a municipal corporation ( "FOUNTAIN VALLEY "), and the CITY OF COSTA MESA, a municipal corporation ( "COSTA MESA "). RECITALS: A. Santa Ana, with cooperation from Garden Grove, Fountain Valley and Costa Mesa, applied for a grant from the Orange County Transportation Authority ( "OCTA ") Measure M2 Regional Traffic Signal Synchronization Program ( "RTSSP "), aimed to coordinate traffic signals across multiple jurisdictions to enhance countywide traffic flow and reduce congestion. B. The Harbor Boulevard Corridor Traffic Signal Synchronization Project was selected by OCTA as one of the RTSSP Projects to be funded in OCTA Fiscal Year 2014 -2015. The project will include timing implementation and improvements at traffic signals along Harbor Boulevard, from Chapman Avenue in Garden Grove to Newport Boulevard in Costa Mesa, as listed in the Project Application attached hereto as Exhibit B and incorporated herein by this reference. C. The total budget for the project is $2,315,100. 80% ($1,852,080) is funded by the OCTA Regional Traffic Signal Synchronization Program and 20% ($463,020) is local agencies matching funds. The breakdown is shown in Exhibit A attached hereto and incorporated herein by this reference. D. Santa Ana, Garden Grove, Fountain Valley and Costa Mesa agree to provide twenty percent (20 %) matching funds for the total project cost. Matching funds can be a combination of cash and in -kind match as defined by the RTSSP grant. E. OCTA and Santa Ana have entered into a Master Funding Agreement "Cooperative Agreement No. C -1- 2783" defining the terms and conditions for approved Measure M2 projects that will be implemented by Santa Ana. F. Santa Ana agrees to serve as the lead agency to oversee the design and implementation of the project. G. Santa Ana, Garden Grove, Fountain Valley and Costa Mesa desire to enter into this Cooperative Agreement to demonstrate their commitment to implement the project and improve inter - jurisdiction traffic signal synchronization on Harbor Boulevard. This cooperative agreement defines the specific terms, conditions and funding responsibilities between Santa Ana, Garden Grove, Fountain Valley and Costa Mesa for the implementation of the project. 411W - NOW, THEREFORE, it is mutually understood and agreed by and between SANTA ANA, GARDEN GROVE, FOUNTAIN VALLEY and COSTA MESA as follows: I. SCOPE: This Agreement specifies the roles and responsibilities of the cities as they pertain to the subjects and projects addressed herein. The project is specifically detailed in the Project Application attached hereto as Exhibit B and incorporated herein by this reference. All of the cities agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. II. MUTUAL RESPONSIBILITIES: Santa Ana, Garden Grove, Fountain Valley and Costa Mesa mutually agree to: a. Designate a lead staff to act as the liaison for the project. The liaison and any other project personnel, if necessary, will attend and participate in all related project meetings. b. Participate, cooperate and coordinate with contractors, consultants, vendors and staff in good faith using reasonable efforts to resolve any unforeseen issues and disputes arising out of the project to the extent practicable with respect to the performance of the project. c. Maintain project related traffic signals and telecommunications equipment with high priority during the project, and be responsible for repair of their own signal control systems in each of their respective jurisdictions. d. Provide on -site support for signal control systems, timing plans, detection systems and related equipment during construction, installation and integration, and be available to change or make adjustments to timing plans when necessitated by the project. e. Document in -kind match or dollar match funding as identified in the project application, and provide verification of such expenditures as part of any review or audit process, which may include payroll records, contracts and purchase orders. f. Monitor and operate the project traffic signals and improvements within its jurisdiction for a period of two (2) years following the completion of the Primary Implementation Phase of the project, as required by the program funding. g. Coordinate the inclusion of other improvements and in -kind services, where necessary, that the owning agency requires for the implementation of the project, but are not included in the project application. The owning agency shall be responsible for the inclusion of such elements within reason and at its own costs. h. Unused project funds for improvements from one City can be used by another City (with matching fund responsibility) upon mutual consent of the involved parties. III. RESPONSIBILITIES OF SANTA ANA: Santa Ana agrees to the following responsibilities: a. Santa Ana shall serve as lead agency for design, construction and construction management of the project, and shall provide oversight by establishing milestones and overseeing the project development to ensure that all standards and requirements set forth by the agreement is adhered to. b. Santa Ana shall be responsible for completing the project in accordance with the funding guidelines and any and all other OCTA requirements related to these funding programs. Santa Ana shall maintain coordination with all participating agencies throughout the duration of the project. c. Santa Ana shall provide staff, consultants, and contractors deemed necessary and appropriate to manage, administer, coordinate, and oversee timing implementation, engineering design, bid and award, and construction management of the project, d. Santa Ana shall coordinate the work effort of this Project, provide the day to day management of the consultant and manage all consultant administration and contracting. Santa Ana shall review the consultant's invoices and pay them accordingly after ensuring that the work has been adequately performed by the consultant. e. Santa Ana shall provide its share of matching fund as shown in Exhibit A attached hereto and incorporated herein by this reference. The final amount may vary and will be based on the 20% of actual cost of implementing all timing, improvements and maintenance, as identified In the project application. f. Upon issuance of a Notice to Proceed to the Consultant, Santa Ana can issue invoices to Garden Grove, Fountain Valley and Costa Mesa for up to 80% of the cash match amount identified in Exhibit A. The remaining cash match amount will be invoiced after completion of the Primary Implementation Phase of the project. g. Santa Ana shall comply with all of the terms and conditions of the Cooperative Agreement with OCTA, including the Project Reporting and Audit Requirements . contained therein. IV. RESPONSIBILITIES OF GARDEN GROVE: Garden Grove agrees to the following responsibilities: a. Garden Grove shall provide its share of matching funds as shown in Exhibit A. The final amount may vary and will be based on the 20% of actual cost of implementing all timing, improvements and maintenance, as identified in the project application. b. Garden Grove shall provide Construction Inspection on all improvements within its jurisdiction. Costs of such inspection services shall be part of the in -kind labor services provided within the matching fund. No additional compensation from the project is provided for providing inspection services. rl- c, Garden Grove shall waive all costs and fees related to any and all permits, if such permits are required to perform any project related work within its jurisdiction. V. RESPONSIBILITIES OF FOUNTAIN VALLEY: Fountain Valley agrees to the following responsibilities: a. Fountain Valley shall provide its share of matching funds as shown in Exhibit A. The final amount may vary and will be based on the 20% of actual cost of implementing all timing, improvements and maintenance, as identified in the project application. b. If necessary, Fountain Valley shall provide Construction Inspection on all improvements within its jurisdiction. Costs of such inspection services shall be part of the in -kind labor services provided within the matching fund. No additional compensation from the project is provided for providing inspection services, c. Fountain Valley shall waive all costs and fees related to any and all permits, if such permits are required to perform any project related work within its jurisdiction. VI. RESPONSIBILITIES OF COSTA MESA: Costa Mesa agrees to the following responsibilities: a. Costa Mesa shall provide its share of matching funds as shown in Exhibit A. The final amount may vary and will be based on the 20% of actual cost of implementing all timing, improvements and maintenance, as identified in the project application. b. Costa Mesa shall provide Construction Inspection on all improvements within its jurisdiction. Costs of such Inspection services shall be part of the in -kind labor services provided within the matching fund. No additional compensation from the project is provided for providing inspection services. c. Costa Mesa shall waive all costs and fees related to any and all permits, if such permits are required to perform any project related work within its jurisdiction. VII. COMPLETE AGREEMENT: a. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of this Agreement between SANTA ANA, GARDEN GROVE, FOUNTAIN VALLEY and COSTA MESA and It supersedes all prior representations, understandings and communications between the parties. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are Incorporated by reference herein. b. Any modification of this Agreement shall only be by amendment upon written mutual consent of all cities. All modifications, amendments, changes and revisions of this Agreement in whole or in part, and from time to time, shall be binding upon the cities so long as the same shall be in writing and executed by each agency. I+ 1 - c. A party's failure to insist on any instance(s) of any other party's performance of any term(s) or conditions) of this Agreement shall not be construed as a waiver of the non - enforcing party's right to such performance or to future performance of such term(s) or condition(s), and the nonperforming party's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon either party except when specifically confirmed in writing by way of a written amendment to this Agreement between the parties and issued in accordance with the provisions of this Agreement. VIII. INSURANCE AND INDEMNIFICATION: a. Each city shall jointly and severally indemnify, defend and hold harmless every other city, it's officers, directors, employees and agents from and against any and all claims for any loss or damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by that city, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. b. Each city shall maintain adequate levels of insurance, or self- insurance to assure full indemnification of every other city. IX. ADDITIONAL PROVISIONS: a. Term of Agreement: This Agreement shall continue in full force and effect until December 31, 2018. This Agreement may be extended at the mutual consent of all parties in writing. b. SANTA ANA, GARDEN GROVE, FOUNTAIN VALLEY and COSTA MESA hereto affirm that they are authorized to execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. c. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law, d. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile and electronic signatures will be permitted. e. In the event that the project costs exceed the estimates submitted in the Project Application as prepared, all parties agree to meet and determine project revisions to meet the budget, or a revised funding proposal by the cities that shall be documented and submitted in writing as a revision to the Agreement. 20B-7 The parties shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental agency having jurisdiction over the project. g. Force Majeure: Any party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including, but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or, a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other parties, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. h. Assignment: Neither this Agreement, nor any of the parties' rights, obligations, or duties hereunder may be assigned in whole or in part by any party without the prior written consent of all the other parties in their sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to, consent to such subsequent assignment. i. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. k. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. I. Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows; City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -43 Santa Ana, CA 92701 Vinh Nguyen Sr. Civil Engineer (714) 647 -5612 (714) 647 -5616 Fax City of Garden Grove Public Works Department 11222 Acacia Parkway Garden Grove, CA 92842 Tony Aquino Acting City Engineer r1- (714) 741 -5193 (714) 741 -5578 Fax City of Fountain Valley Public Works 10200 Slater Avenue Fountain Valley, CA 92708 Temo Galvez Deputy City Engineer (714) 593 -4517 (714) 593 -4554 Fax City of Costa Mesa Transportation Services 77 Fair Drive Costa Mesa, CA 92628 Pritam Deshmukh Associate Civil Engineer (714) 754 -5183 (714) 754 -5028 Fax X. DELAGATED AUTHORITY: The actions required to be taken by the cities in the implementation of this Agreement are delegated to its City Manager or equivalent designee. [SIGNATURES ON SUBSEQUENT PAGES] rl- • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written: CITY OF SANTA ANA: DAVID CAVAZOS City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA City Atj Ryan RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director - PWA 20B -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written: CITY OF GARDEN GROVE: City Manager ATTEST: KATHLEEN BAILOR City Clerk APPROVED AS TO FORM: THOMAS F. NIXON City Attorney 20B -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written: CITY OF FOUNTAIN VALLEY: MICHAEL VO Mayor ATTEST: SYLVIA VERMUDEZ City Clerk APPROVED AS TO FORM: ALAN R. BUI City Attorney 10 20B -12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written: CITY OF COSTA MESA: TOM HATCH Chief Executive Officer ATTEST: BRENDA GREEN City Clerk APPROVED AS TO FORM: TOM DUARTE City Attorney 11 20B -13 I XiT1BIT A Harbor Blvd Corridor TS SP Project Funds Breakdown Agency Project Funds by Agency* M2 Grant (80 %) Local Match (20 %) Total Match ** Match Type Cash In -kind I Garden Grove $437,575 $350,060 $87,515 $75,446 $12,069 2 Santa Ana $702,300 $561,840 $140,460 $91,028 $49,432 3 Fountain Valley $28,200 $22,560 $5,640 $5,640 $0 4 Costa Mesa $1,147,025 $917,620 $229,405 $179,594 $49,811 Total $2,315,100 $1,852,080 $463,020 $351,708 $111,312 *: Unused project funds from one Agency can be transferred to another Agency with mutual consent. **:Total match amount may vary; the final match amount will be based on the actual project implementation costs, to be determined at completion of the Primary Implementation Phase of the project. 12 20B -14 EXHIBIT B PROJECT APPLICATION (Attached) 93 20B -15 Section 1: Key Technical Information NORTH a. The network of Harbor Boulevard is being proposed for traffic signal synchronization. According to Figure 1, the project limits are from Chapman Ave in the City of Garden Grove to Newport Blvd in the City of Costa Mesa, which will have inter- agency coordination among five jurisdictions. aa°'ro TChapmah 1 Ave a Garden `tan Grove 3ardpeo�Gmyea 1 , _ .. as 1 1 b I hi t -- -° ® Priority Corridor ❑ Signal si �I Santa t na_n LEGEND ; Section 1: Key Technical Information NORTH a. The network of Harbor Boulevard is being proposed for traffic signal synchronization. According to Figure 1, the project limits are from Chapman Ave in the City of Garden Grove to Newport Blvd in the City of Costa Mesa, which will have inter- agency coordination among five jurisdictions. Figure 1: Signalized intersection and Proposed Project limits d. Signalized intersections that are part of the project: see Table 1 VA b. Designation of the corridor to F.ou `tan ingO - Valley synchronize: -° ® Priority Corridor ❑ Signal Wpmer Ave LEGEND Synchronization Network Corridor WacAAuor Blvd p� -_ -' Harbor Blvd Corridor -]Master ° '°__ Plan of Arterial Highways Corridor 0 ° _`. p City of Garden Grove o —'' O Caltrans C. Project start date: May 1, 2015 0 • City of Santa Ana 0 o 'a" S1 • City of Fountain Valley Project end date: May 1, 2018 J 0 • City of Costa Mesa All agencies commit to operate signal 0 0 synchronization beyond the three year grant 0 0 14 period for: 00 o ®0 years El year F-12 years 0 �< ❑ 3 years ❑ Other Figure 1: Signalized intersection and Proposed Project limits d. Signalized intersections that are part of the project: see Table 1 VA Section 4: Preliminary Plans for the Proposed Project 1. Primary Implementation a. Project Administration The multi jurisdiction project of Harbor Boulevard will be led by City of Santa Ana. Project Administration services will include but not limited to administration, engineering, design, coordination, presentation and other related responsibilities to ensure the timely implementation of the project. b. Developing and implementing optimized signal synchronization timing In accordance with the Traffic Signal Synchronization Master Plan, the proposed synchronization of Harbor Boulevard will involve the Traffic Forum members to design and implement signal timing synchronization across jurisdictional boundaries to mitigate traffic and improve volume throughput along the corridor. Coordination parameters for peals traffic periods will be dependent upon existing field conditions, traffic patterns and maintaining cross- coordination. Timing plans for Caltrans intersections will be prepared and provided to Caltrans for implementation. The project will take into account of Harbor Blvd timing at Hotel Way in the City of Anaheim. Effort will be provided, to the extent feasible, to maintain cross jurisdiction synchronization on Harbor Blvd into the City of Anaheim. c. Producing a Before and After Study for the project The Before and After Studv for Harbor Boulevard will be conducted as defined by Regional Traffic Signal Synchronization Program guidelines. The studies will collect empirical data before and after the Primary Implementation. With proposed installations of Bluetooth monitoring stations at selected major intersections, accurate, real -time travel time will be measured along with staff test drives. The data will then be compared for the effectiveness and differences in the performance of the new traffic synchronization. d. Engineering Design of Signal Improvements for the Project The City of Santa Ana will be performing the engineering design in -house for all signal improvements within its City limits. City staff will field verify and design the upgraded infrastructure along with new equipment to implement and maintain the new traffic synchronization. For improvements in City of Garden Grove, Fountain Valley, Costa Mesa and Caltrans where and if engineering design is 5 needed, the agency's staff will provide existing/as -built information and assist the project consultant to prepare the plans. e. Proposed Signal Improvements Garden Grove The City is proposing to upgrade existing detection to Video Detection, replace pedestrian heads with countdown types, upgrades and install Emergency Vehicle Preemption at eight intersections. hi addition, the City will upgrade the traffic signal cabinet at Cardinal St. Caltrans No proposed improvements Citv of Santa Ana All of the traffic signals along Harbor Blvd within the City are proposed to have Ethernet communications, which will enable various locations to have Bluetooth travel time measuring systems and digital closed- circuit television camera systems for real -time monitoring, evaluation and fine tuning of the new synchronization plans. Approximately 3,200 feet of new conduit and 9,500 feet of new fiber optic cable will be installed. Four locations are being designed to have System Detection upgrades. In addition, the City is proposing to replace pedestrian heads with countdown types at four intersections. The City is also proposing upgrades to the Video Management System and Central System at the Traffic Management Center (TMC). The TMC improvements include upgrade of video display software and associated workstation/hardware, additional CCTV licensing, upgrade of display from analog to digital monitors. These TMC improvements will enhance the ability of the City to monitor and maintain traffic synchronization on the corridors. Fountain Valle No proposed improvements. ©. Costa Mesa The City is proposing the installation of interconnect conduit with fiber optic cable along with Ethernet Communication equipment and CCTV camera system at various locations. The City is also proposing traffic signal cabinet & foundation upgrades at nine intersections. In addition, the City is proposing installation of Uninterruptible Power Source, Emergency Vehicle Preemption and replace pedestrian heads with countdown types at several locations. The City is also proposing upgrades to the existing Traffic Management Center. 2. Ongoing Maintenance and Operation Ongoing maintenance and operation period will start after signal timing is implemented and last for a period of two years. It will consist both of (1) monitoring and improving optimized signal timing and (2) communications and detection support. Ongoing Maintenance will not be provided for Caltrans intersections. Descriptions of both are provided below: a. Monitoring and improving optimized signal timing After the Primary Implementation of the new coordination parameters, the corridor will monitored and fine tuned monthly or as needed for the duration of two years. Improvements to the signal synchronization will be made according to the test drives and changing field conditions. b. Communications and detection support The communication and detection systems will be monitored and repaired as necessary to maintain efficient corridor synchronization throughout the project schedule. c. Final report After the three year grant period, a final report for the project will be developed and will include before and after studies, updates of the results from the ongoing maintenance and operations phase and will establish completion of all CTFP Guideline requirements. 7 Section 7: Matching Funds Table 2 (Implementation): M2 Funds Requested $1,769,520 Phase Match Amount $442,380 In -kind match amount $107,064 Cash match amount $335,316 Total Phase Cost $2,211,900 Table 3 (Ongoing Activities): M2 Funds Requested $82,560 Phase Match Amount $20,640 In -kind match amount $4,248 Cash match amount $16,392 Total Phase Cost $103,200 $49,432 Project Total: M2 Funds Requested $1,852,080 Total Match Amount (min 20 %) $463,020 In -kind match amount (max 20%) $111,312 Cash match amount $351,708 Total Project Cost $2,315,100 $0 Total Match Ratio (to total project cost) 1 $463,020 / $2,315,100 AGENCY TOTAL MATCH SUMMARY Agency Cash In -Kind Total Match Garden Grove $75,446 $12,069 $87,515 Santa Ana $91,028 $49,432 $140,460 Fountain Valley $5,640 $0 $5,640 Costa Mesa $179,594 $49,811 $229,405 Caltrans $0 $0 $0 TOTAL $351,708 $111,312 $463,020 Note: No improvements are proposed for Caltrans locations; only timing plans will be prepared and given to Caltrans for implementation. Cost for timing is included in Cities of Garden Grove & Costa Mesa. 14 a .a 0 v c z O D C O V 7 m O 2 P n 0 Z a N� Y r O x F V w O _o °a o a ooyy �04:o ry Nm. ri N N pj V! H H o � F u L ° O° O s U C t+'M .Mi O uY ✓Oli y N N O H VY w M ° ° °o ti mme r o ° .ai off.. m a r l9 oM c d ry A O M ° V C N C EO m- O N � ✓L N VY oCOm a v °° v p o�o°om M°o'o c m t9 6 fV A « aA F « F m O o E E � E v m r .iN ma in c E x i°- F= G o u o °O m 00 v E m x F V w O ri N N pj V! H H o � s °oo .Mi r m a l9 oM c d ry A O M ° V C C EO m- O v v m c j t9 6 fV A « aA « Eq m r .iN ma in Ea /\ m2[iiI m D§ ƒ \} ! m 2R! 2; ! !! |! IN IIIIIIIIIII III| IIIIIIII���| ��| 0�1�����I| � |� �� /\ p m D§ ƒ \} ! m 2R! 2; ! !! |! p sI - • .n s' �saa s ann n n� i »a � v aNa» Afla a s„ a" � a q 2 a= a�m9 .E.�siaa A etly sI - • g B$ dG �o N� E� x� e� N� s% a`9 6 r1- -1 11111 1 11111111 g B$ dG �o N� E� x� e� N� s% a`9 6 r1- -1 ee 4 mffp� ox ga frEa n i mffp� 1 ox ga frEa n 1 20B-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONTRACT AWARD FOR POLICE UNIFORMS AND EQUIPMENT (SPEC. NO. 14 -067) (STRATEGIC PLAN NO. 1, 3A) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Galls, LLC and Keystone Uniforms for the purchase of police uniforms and equipment for a three -year period in an annual aggregate amount not to exceed $330,000, with provision for two, one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Central Distribution Center (CDC) provides uniforms and body armor vests to approximately 400 uniformed and field personnel. Uniforms and body armor are an essential piece of daily equipment and help to identify department personnel by assigned duties, provide protection, and provide for professional appearance of law enforcement personnel. New officers and employees are initially issued a full uniform which consists of a duty jacket, three shirts, two pants, leather gear and a body armor vest. Thereafter, uniforms are replaced on an annual basis (as requested) and the replacement allowance consists of three shirts and two pants. Body armor is replaced every five years. Special units such as SWAT, Mounted Patrol, and K9 are issued different uniforms specialized for each unit, but are replaced in a similar manner. Traditionally, police uniforms and body armor vests have been handled as separate contracts. Combining the two contracts will provide the option to select between the two vendors, will ensure contract items stock availability, low price and immediate service for required fittings and alterations on uniforms and equipment. In order to maintain an adequate inventory and continuously meet the needs of the Police Department, the contract awarded to the listed vendors affords the City the best coverage for providing uniforms and body armor to personnel without interruption. 22A -1 Contract Award for Police Uniforms and Equipment January 20, 2015 Page 2 The Request for Proposal (RFP) was advertised on November 13, 2014, and offers were solicited. A summary of the RFPs and offers received is as follows: 33 Vendors were notified 10 Vendors downloaded the proposal 1 Proposal received from a Santa Ana vendor 2 Proposals received Proposals were received and opened on December 10, 2014. Proposals were evaluated based on the specifications, technical expertise, company stability, customer service, pricing and references provided. The offers provided from the recommended vendors received passing scores that meet or exceeds the evaluation criteria. The evaluation results are as follows: Vendor Location Score Keystone Uniforms Santa Ana 89 Galls, LLC Orange 80 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts 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.) FISCAL IMPACT Funds are available in the Police Property & Facilities Miscellaneous Operating Expenses account (no. 01114450 - 63001). Carlos Rol Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency / --- 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONTRACT AWARD FOR NEW AND REPLACEMENT VEHICLES SPEC NO. (14 -095) {STRATEGIC PLAN NO. 6,21 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on1e'Reading ❑ Ordinance on 2 "'Reading ❑ Implementing Resolution ❑ set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to National Auto Fleet Group for the purchase of two Ford Transits , and a Ford F -550 truck in an amount not to exceed $242,098, and a contract to Wondries Fleet Group for the purchase of two Ford Explorers in an amount not to exceed $72,175 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. As a result and based on the City's lifecycle replacement criteria, four vehicles have been identified for replacement with the following equipment: one Ford Transit, two Ford Explorers and one Ford F -550 Super Duty truck. Two of these vehicles are assigned to the Public Works Agency and will be used in the water maintenance division, and two vehicles are assigned to the Police Department K -9 division. In addition, the City will be augmenting its overall fleet inventory with one new Ford Transit for the water quality /water meter program. 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 contract with National Auto Fleet Group for fleet vehicles was awarded as a result of open competitive bidding and the City of Los Angeles contract #15837 was awarded to Wondries Fleet Group as a result of open competitive bidding and meets the City's requirements. 2213-1 Contracts Award for Replacement Vehicles January 20, 2015 Page 2 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 in the amount of $126,142 (07510101- 66400), in the Water Quality & Measurement Machinery and Equipment account in the amount of $53,966 (06017644- 66400) and in the Water Production and Supply Machinery and Equipment account in the amount of $134,166 (06017640- 66400). Fred Mousavipour Executive Director Public Works Agency CLlsp 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: JANUARY 20, 2015 TITLE: CONTRACT AMENDMENT WITH ENTERPRISE FLEET MANAGEMENTFOR LEASED VEHICLES (SPEC. NO.13 -008) (STRATEGIC PLAN NO. 1,5) CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with Enterprise Fleet Management to increase the aggregate limit by $62,500 for the addition of six leased vehicles for the Police Department for an annual amount not to exceed $300,700, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 18, 2013, Council approved a three -year contract for leased vehicles. Under the stated contract, the Santa Ana Police Department leases vehicles for various personnel based on need for field assignments. Leasing a variety of vehicles allows for interchangeability in order to maintain anonymity and provide safety for police officers. The current contract allows for a total of 32 leased vehicles, 16 assigned to the Special Investigations Division and 16 vehicles are leased and assigned to background investigators, police commanders and various staff assigned to Training, Internal Affairs and the Personnel Division. On November 4, 2014, Santa Ana voters passed a proposition regulating the operations of sanctioned medical marijuana dispensaries. The regulations will require inspections of the sanctioned businesses for compliance with the newly established ordinance. City staff will also be required to aggressively investigate complaints related to illegal dispensaries. The Police Department has established a task force to work in collaboration with other City Departments that will act as the primary enforcement arm to address this necessity. The Police Department Task Force members consist of five police detectives and one detective sergeant. The nature of this assignment will require undercover operations and surveillance activities on a routine basis. Therefore, assigning undercover leased vehicles for task force members to drive will ensure their safety, as well as the effectiveness of their enforcement and monitoring activities. 22C -1 Contract Amendment for Leased Vehicles January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds are available in the Police Department CDC Contract Services account (no. 01114450- 62300), APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency EG /RC 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AGREEMENTS WITH SHIFT DESIGN, NEW MEXICO HIGHLAND UNIVERSITY AND QUEENS PUBLIC LIBRARY FOR IMPLEMENTATION SERVICES OF THE MEMORIES OF MIGRATION PROGRAM FUNDED BY THE INSTITUTE FOR MUSEUM AND LIBRARY SERVICES NATIONAL LEADERSHIP GRANT (STRATEGIC PLAN NO. 2,2A) r CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Shift Design (Formerly We Are What We Do) in the amount of $121,949 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with New Mexico Highland University in the amount of $40,631 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Queens Public Library in the amount of $25,497 for implementation of the Memories of Migration Program for the term of December 1, 2014 to September 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Public Library was awarded an Institute of Museum and Library Services grant of $495,550 as part of the Institute's National Leadership program, which supports projects that address challenges faced by libraries across the United States and have the potential to create programs and practices that improve library services nationwide. The remaining grant funds not identified for the partner agencies will be used by the Santa Ana Public Library for in -house program costs as previously approved by Council. 25A -1 IMLS National Leadership Grant Agreements January 20, 2015 Page 2 The grant will fund the three -year project, Memories of Migration, which will develop and promulgate techniques for locating, recording and archiving the experiences of immigrant populations. The project will train and utilize immigrant teens and young adults to record oral histories and encourage others in the community to contribute their experiences and artifacts to the project. Once developed, these techniques will be piloted in four areas across the country with significant immigrant populations: Queens, New York, West Hartford, Connecticut, the State of New Mexico, and Santa Ana. The results of these efforts will be made available to the public through the international web presence, Historypin, which specializes in linking historical photos and information to geographic locations. Partner organizations were chosen in accord with grant provisions. The program will offer participating libraries meaningful programs and enrichment activities that provide new immigrant communities a voice in the development of library collections and events and create opportunities for civic engagement for both teen historians and their communities. Moreover, the techniques offer participants new access to digital literacy and provide learning in Science, Technology, Engineering & Math (STEM) through digital training in new media and digitization technologies. City staff is requesting approval of the attached agreements to partner with Shift Design, New Mexico Highland University and Queens Public Library to implement the program, as required by the grant agreement. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #2, Expand youth programming, Strategy a, Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after - school programs during out -of- school hours at the library and community centers. FISCAL IMPACT Funds are available in the IMLS Library Federal Grant, Contract Services account (no. 15311160 62300). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency 25A -2 CONSULTANT AGREEMENT INCORPORATING INSTITUTE OF MUSEUM AND LIBRARY SERVICES (IMLS) LEADERSHIP GRANT REQUIREMENTS THIS AGREEMENT, effective as of the I" day of December, 2014, by and between Shift Design, a social enterprise, (hereinafter "Consultant ") and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain Shift Design as a consultant to provide technological infrastructure for internet archiving to assist with public access to and interaction with such archive for the Memories of Migration project. B. The City, as a recipient and grantee of the 2014 Federal Institute of Museum and Library Services (IMLS) National Leadership Grant Program, desires to enter this Agreement with the Consultant for the expenditure of grant finds in accordance with the General Ternis and Conditions for IMLS Discretionary Awards ( "IMLS Terms and Conditions ") which can be found at; htti):/ /www imis.eov /assets /i /assetinana3-.e?'/' 0414.2df C. Consultant represents that it is able and willing to provide such services to the City, and will comply with the IMLS Terms and Conditions. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fine 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 will provide technological infi-astructure for intemet archiving of products of the grant, as well as infrastructure required for public access to and interaction with the archive. Consultant will create a jumpkit to assist library partners in collecting and archiving the data, and will recruit the professionals who will constitute the national Advisory Panel for the Memories of Migration project. Consultant will also create an evaluation framework for the project and complete evaluations required by the grant, as set forth in Exhibit A, attached hereto and incorporated herein. 25A -3 2. COMPENSATION a. For the services provided, Shift Design will receive One Hundred Twenty One Thousand Nine Hundred Forty Nine Dollars ($121,949.00). Shift Design will provide $109,070,00 in cost sharing as per the budget approved by IMLS. The City shall also pay reasonable travel costs (limited to transportation, airfare and lodging, if any) for Consultant to perform its services pursuant to this Agreement; no travel costs will be reimbursed to the Consultant as the City will be paying such listed costs directly. b. The above- stated compensation includes reimbursement by the City for meals and beverages (no alcohol) in an amount not to not exceed $71 per day for up to eighteen (1 S) days. Consultant shall submit a reimbursement request form with receipts to City staff in order to be reimbursed, subject to City accounting procedures c. 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. This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire 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 25A -4 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) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City as evidenced by a separate Additional Insured Endorsement; 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. 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 cancelled 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 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: (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 25A -5 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. CONSULTANT'S OBLIGATIONS A. Nondiscrimination. Consultant must comply with the following nondiscrimination statutes and their implementing regulations and must also comply with the requirements of any other nondiscrimination laws which may apply: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin (note: as clarified by Executive Order 13166, the applicant must take reasonable steps to ensure that limited English proficient (LEP) persons have meaningful access to the applicant's programs (see IMLS guidance at 68 Federal Register 17679, April 10, 2003)); (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq. including §794), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 -83, § 1685 -86), which prohibits discrimination on the basis of sex in education programs; and (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age. B. Debarment and Suspension Grantees are prohibited from doing business with any organization or person (as a recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by any Federal department or agency. 25A -6 The OMB Guidelines to Agencies on Governmen4vide Debarment and Suspension (Nonprocurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations contained in 2 CFR Part 3185 apply to IMLS grants. The Consultant, as a primary tier participant, is required to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) as a condition of participation in the award. The Consultant is also required to communicate the requirement to comply with 2 CFR Pant 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) to persons at the next lower tier with whom the Consultant enters into covered transactions. C. Drug -Free Workplace The Consultant must provide a drug -free workplace by complying with the requirements in 2 CFR Part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the Consultant must comply with drug -free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CPR Part 3186. This includes, but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -fi-ee workplace statement; establishing a drug - free awareness program for the Consultant's employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying (either at the time of application or upon award, or in documents the Consultant keeps on file in its offices) all known workplaces under the Consultant's Federal awards. D. Trafficking in Persons The Consultant must comply with Federal law pertaining to trafficking in persons. Under 22 U.S.C. §7104(g), any grant, contract, or cooperative agreement entered into by Federal agency and a private entity shall include a condition that authorizes the Federal agency (IMLS) to terminate the grant, contract, or cooperative agreement if the Consultant, subgrantee, contractor, or subcontractor engages in trafficking in persons, procures a commercial sex act, or uses forced labor. 2 CFR Part 175 requires IMLS to include the following award term, which is made a part of these General Terms and Conditions: a. Provisions applicable to a recipient that is a private entity 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' etployees may not- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or 25A -7 iii. Use forced labor in the performance of the award or subawards under the award. 2. The City, as the awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a. I of this award ten-n; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.I of this award term through conduct that is either- A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by IMLS at 2 CFR Chapter XXXI, part 3185. b. Provision applicable to a recipient other than a private entity The City, as awarding agency, may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.l of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided 2 CFR part 180, "OMB Guidelines to Agencies on Govermnentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 3185. c. Provisions applicable to any recipient L You must inform the City immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 25A -8 2. The City has the right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 ( "TVPA "), as amended (22 U.S.C. §7104(g)), and ii. Is in addition to all other remedies for non- compliance that are available to the City under this award. 3. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private entity. E. Definitions For purposes of this award tern: I. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the propose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §7102). 25A -9 F. Federal Debt Status The Consultant should not be delinquent in the repayment of any Federal debt. G. Lobbying The Consultant may not conduct political lobbying within the Federally- supported project. In addition, the Consultant may not use Federal funds for lobbying specifically to obtain awards, extensions, amendments, or other Federal actions. (31 U.S.C. § 1352) Certain other lobbying restrictions, such as the following, may also apply: Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31 U.S.C. § 1352). The following provisions remain in effect for the award: (a) No Federal appropriated finds may be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant, as provided in 31 U.S.C. § 1352) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (c) The Consultant shall require that the language of the certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. In addition, no IMLS grant funds shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, relating to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (P.L. 111 -117, Division D, Title V General Provisions, see. 503(b)). S. ASSIGNABiLITX None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assigrunent shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 25A -10 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either patty. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of the IMLS grant Rinds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. In the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 10. VENUE /JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfornance, 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 finther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out o£, in connection with or by reason of this Agreement. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 9 25A -11 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 571 -4221 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: Mr. Jon Voss Histoiypin Strategic Partnerships Director Shift Design 71 St. John Street London EC ( M 4N1 Facsimile 415- 935 -4701 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terns of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 10 25A -12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT Shift Design By: Jon Voss Historypin Strategic Partnerships Director 11 25A -13 EXHIBIT A SCOPE OF WORK Memories of Migration Partners Shift Design (Consultant) will provide technological infrastructure for internet archiving of the results and products of the Federal Institute of Museum and Library (IMLS) grant, as well as the infrastructure required for public access to and interaction with the archive for the Memories of Migration project. Consultant will create a Memories of Migration web presence on Historypin, along with mechanisms for uploading the content from partner libraries and institutions across the country and integrating it into the online archive. Consultant will assist library partners in collecting and archiving data, and will recruit the professionals who will constitute the national Advisory Panel for the Memories of Migration project. Consultant will create an evaluation framework for the project and complete interim and final evaluations required by the IMLS grant. In return for these deliverables, Consultant will receive $121,949.00. Consultant will provide $109,070.00 in cost sharing as per the budget approved by IMLS. 12 25A -14 CONSULTANT AGREEMENT INCORPORATING INSTITUTE OF MUSEUM AND LIBRARY SERVICES (IMLS) LEADERSHIP GRANT REQUIREMENTS THIS AGREEMENT, effective as of the 1" day of December, 2014, by and between New Mexico Highlands University (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 ( "City"). RECITALS A. The City desires to retain New Mexico Highlands University as a consultant to conduct a series of community memory workshops throughout New Mexico in connection with the Memories of Migration Project. B. The City, as a recipient and grantee of the 2014 Federal Institute of Museum and Library Services (IMLS) National Leadership Grant Program, desires to enter this Agreement with the Consultant for the expenditure of grant funds in accordance with the General Terms and Conditions for IMLS Discretionary Awards ( "IMLS Terms and Conditions ") which can be found at: littp: / /www_ mils .L,ov /assets /'llassetmanat,erlgtc 0414.pdf C. Consultant represents that it is able and willing to provide such services to the City, and will comply with the IMLS Terms and Conditions. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall conduct a series of community memory workshops throughout New Mexico to collect immigrants' experiences in its communities through collaboration with a statewide network of public and tribal libraries. Consultant will facilitate numerous event tie -ins with institutions across the state. It will add the products from these events to the project website. Consultant will utilize an Exhibition Design class to create a traveling exhibition to be used at these events, as further set forth in Exhibit A attached hereto and incorporated herein. 25A -15 2. COMPENSATION a. Consultant will receive Forty Thousand Six Hundred Thirty One Dollars (540,631.00) for funds to be expended for salaries for AmeriCorps Interns and Teen Historians, and to purchase equipment required to collect and archive community memory information. The City shall also pay reasonable travel costs (limited to transportation, airfare and lodging, if any) for Consultant to perform its services pursuant to this Agreement; no travel costs will be reimbursed to the Consultant as the City will be paying such listed costs directly. b. The above - stated compensation to Consultant includes reimbursement by the City for meals and beverages (no alcohol) in an amount not to not exceed $71 per day for up to nine (9) days. Consultant shall submit a reimbursement request form with receipts to City staff in order to be reimbursed, subject to City accounting procedures. C. 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. This Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to 25A -16 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) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City as evidenced by a separate Additional Insured Endorsement; 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. 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 cancelled 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 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: (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 Consultant or its contractors, subcontractors, agents, 25A -17 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 terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONSULTANT'S OBLIGATIONS A. Nondiscrimination. Consultant must comply with the following nondiscrimination statutes and their implementing regulations and must also comply with the requirements of any other nondiscrimination laws which may apply: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin (note: as clarified by Executive Order 13166, the applicant must take reasonable steps to ensure that limited English proficient (LEP) persons have meaningful access to the applicant's programs (see IMLS guidance at 68 Federal Register 17679, April 10, 2003)); (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq. including §794), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U &C. §1681-83, § 1685 -86), which prohibits discrimination on the basis of sex in education programs; and (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age. B. Debarment and Suspension Grantees are prohibited from doing business with any organization or person (as a recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by any Federal department or agency. The OMB Guidelines to Agencies on Govermmentwide Debarment and Suspension (Nonprocurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations contained in 2 CFR Part 3185 apply to IMLS grants, 25A -18 The Consultant, as a primary tier participant, is required to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) as a condition of participation in the award. The Consultant is also required to communicate the requirement to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) to persons at the next lower tier with whom the Consultant enters into covered transactions. C. Drug -Free Workplace The Consultant must provide a drug -free workplace by complying with the requirements in 2 CFR Part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the Consultant must comply with drug -free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR Part 3186. This includes, but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drag - free awareness program for the Consultant's employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying (either at the time of application or upon award, or in documents the Consultant keeps on file in its offices) all known workplaces under the Consultant's Federal awards. D. Trafficking in Persons The Consultant must comply with Federal law pertaining to trafficking in persons. Under 22 U.S.C. §7104(g), any grant, contract, or cooperative agreement entered into by Federal agency and a private entity shall include a condition that authorizes the Federal agency (IMLS) to terminate the grant, contract, or cooperative agreement if the Consultant, subgrantee, contractor, or subcontractor engages in trafficking in persons, procures a commercial sex act, or uses forced labor. 2 CFR Part '175 requires IMLS to include the following award term, which is made a part of these General Terms and Conditions: a. Provisions applicable to a recipient that is a private entity 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. The City, as the awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - 25A -19 i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.I of this award tern through conduct that is either- A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by IMLS at 2 CFR Chapter XXXI, part 3185. b. Provision applicable to a recipient other than a private entity The City, as awarding agency, may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award teen; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.I of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 31.85. c. Provisions applicable to any recipient. 1. You must inform the City immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. The City has the right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. hnplements section 106(g) of the Trafficking Victims Protection Act of 2000 ( "TVPA "), as amended (22 U.S.C. §7104(g)), and 25A -20 ii. Is in addition to all other remedies for non - compliance that are available to the City under this award. 3. You must include the requirements of paragraph a. I of this award term in any subaward you make to a private entity. D. Definitions For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the perfonmance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity ": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. `Severe forms of trafficking in persons," `commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §7102). E. Federal Debt Status The Consultant should not be delinquent in the repayment of any Federal debt. F. Lobbying 25A -21 The Consultant may not conduct political lobbying within the Federally- supported project. In addition, the Consultant may not use Federal funds for lobbying specifically to obtain awards, extensions, amendments, or other Federal actions. (31 U.S.C. § 1352) Certain other lobbying restrictions, such as the following, may also apply: Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31 U.S.C. § 1352). The following provisions remain in effect for the award: (a) No Federal appropriated funds maybe paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mernber of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, leant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant, as provided in 31 U.S.C. § 1352) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (c) The Consultant shall require that the language of the certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. In addition, no IMLS grant funds shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, relating to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (P.L. 111 -117, Division D, Title V General Provisions, sec. 503(b)). 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either patty. In the event of such termination, Consultant shall only be entitled to reimbursement for 25A -22 approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of the IMLS grant foods. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. In the event Consultant defaults by failing to fidfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 10. 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. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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.O. Box 1988 Santa Ana, California 92702 -1988 25A -23 Facsimile (714) 647 -6956 Copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Sox 1988 Santa Ana, California 92702 Facsimile (714) 571 -4221 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: New Mexico Highlands University Linda La Grange, PhD. Associate Vice President of Academic Affairs 1005 Diamond Street Las Vegas, NM 87701 (505) 850 -9064 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. T 25A -24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT New Mexico Highlands University By: — Linda La Grange, PhD. Associate Vice President of Academic Affairs 11 25A -25 EXHIBIT A SCOPE OF WORT{ Memories of Migration Partners New Mexico Highlands University (Consultant) will hire and train two AmeriConps Cultural Technology Interns, as well as a group of Teen Community Historians. Using the Santa Ana Public Library developed jumpkit, Consultant will conduct a series of community memory workshops throughout New Mexico, as well as facilitating numerous event tie -ins with institutions across the state. Consultant will add the products from these events to the Memories of Migration project website. Consultant will utilize an Exhibition Design class to create a traveling exhibition to be used at these events. Consultant will provide reports and evaluations as required by the Federal Institute of Museum and Library Services (IMLS) grant. For these deliverables, New Mexico Highlands University will receive $40,631.00. Funds will be expended for salaries for the AmeriCotps Interns and Teen Historians, and to also purchase equipment required to collect and archive community memory information. Consultant will provide $41,091.00 in cost sharing as required by the budget approved by IMLS. 12 25A -26 CONSULTANT AGREEMENT INCORPORATING INSTITUTE OF MUSEUM AND LIBRARY SERVICES (IMLS) LEADERSHIP GRANT REQUIREMENTS THIS AGREEMENT, effective as of the I" day of December, 2014, by and between Queens Public Library, a public entity (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 ( "City "). RECITALS A. The City desires to retain Queens Public Library as a consultant having special skill and knowledge in the field of conducting community memory events along with related website services. & The City, as a recipient and grantee of the 2014 Federal Institute of Museum and Library Services (IMLS) National Leadership Grant Program, desires to enter this Agreement with the Consultant for the expenditure of grant funds in accordance with the General Terms and Conditions for IMLS Discretionary Awards ( "IMLS Tenns and Conditions ") which can be found at: ham: / /www.imiss;ov/ assets /l /assetmanauer /Qtc 0414.odf C. Consultant represents that it is able and willing to provide such services to the City, and will comply with the IMLS Terms and Conditions. D. In undertaking the perfonriance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those community memory events as set forth in Exhibit A, Scope of Work, attached hereto and incorporated herein by reference. 2. COMPENSATION a. The total sum to be expended under this Agreement shall not exceed Twenty Five Thousand Four Hundred Ninety Seven Dollars ($25,497.00) during the Term of this Agreement. The City shall also pay reasonable travel costs (limited to transportation, airfare and lodging, if any) for Consultant to perform its services pursuant to this Agreement; no travel costs will be reimbursed to the Consultant as the City will be paying such listed costs directly. 25A -27 b. The above - stated compensation includes reimbursement by the City for meals and beverages (no alcohol) in an amount not to not exceed $71 per day for up to seven (7) days. Consultant shall submit a reimbursement request form with receipts to City staff in order to be reimbursed, subject to City accounting procedures, c. Payment by City shall be made within thirty (30) clays 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 9, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including 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) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City as evidenced by a separate Additional Insured Endorsement; and (c) contain standard separation of insureds provisions. 25A -28 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than S 1,000,000 per occurrence. Stich insurance shall include coverage for owned, lured 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. 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 cancelled 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 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: (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 Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third patty asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or 25A -29 property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONS ULTANT'S OBIAGATIONS A. Nondiscrimination. Consultant must comply with the following nondiscrimination statutes and their implementing regulations and must also comply with the requirements of any other nondiscrimination laws which may apply: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin (note: as clarified by Executive Order 13166, the applicant must take reasonable steps to ensure that limited English proficient (LEP) persons have meaningful access to the applicant's programs (see IMLS guidance at 68 Federal Register 17679, April 10, 2003)); (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 etseq. including §794), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 -83, § 1685 -86), which prohibits discrimination on the basis of sex in education programs; and (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age. B. Debarment and Suspension Grantees are prohibited from doing business with any organization or person (as a recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by any Federal department or agency. The OIbIB Guidelines to Agencies on Governmenhvide Debarment and Suspension (Nonprocurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations contained in 2 CFR Part 3185 apply to IMLS grants. The Consultant, as a primary tier participant, is required to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) as a condition of participation in the award. The Consultant is also required to communicate the requirement to comply with 2 CFR Part 180 subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other Persons) to persons at the next lower tier with whom the Consultant enters into covered transactions. 25A -30 C. Drug -Free Workplace The Consultant must provide a drug -free workplace by complying with the requirements in 2 CFR Part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In particular, the Consultant must comply with drug -free workplace requirements in subpart B (or subpart C, if the recipient is an individual) of 2 CFR Part 3186. This includes, but is not limited to; making a good faith effort, on a continuing basis, to maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drug - free awareness program for the Consultant's employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace; and identifying (either at the time of application or upon award, or in documents the Consultant keeps on file in its offices) all known workplaces under the Consultant's Federal awards. D. Trafficking in Persons The Consultant must comply with Federal law pertaining to trafficking in persons. Under 22 U.S.C. §7104(g), any grant, contract, or cooperative agreement entered into by Federal agency and a private entity shall include a condition that authorizes the Federal agency (IMLS) to terminate the grant, contract, or cooperative agreement if the Consultant, subgrantee, contractor, or subcontractor engages in trafficking in persons, procures a commercial sex act, or uses forced labor. 2 CFR Part 175 requires IMLS to include the following award term, which is made a part of these General Terms and Conditions: a. Provisions applicable to a recipient that is a private entity 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. The City, as the awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a.I of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either- 25A -31 A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by IMLS at 2 CFR Chapter XXXI, part 3185. b. Provision applicable to a recipient other than a private entity The City, as awarding agency, may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a. l of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award tern through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided 2 CFR part 180, "OMB Guidelines to Agencies on Govermmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 3185. c. Provisions applicable to any recipient 1. You must inform the City immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. The City has the right to terminate unilaterally that is described in paragraph a.2 orb of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 ( "TVPA "), as amended (22 U.S.C. §7104(8)), and ii. Is in addition to all other remedies for non - compliance that are available to the City under this award. 3. You must include the requirements of paragraph a.I of this award tern in any subaward you make to a private entity. 25A -32 D. Definitions For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i, Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for - profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §7102). E. Federal Debt Status The Consultant should not be delinquent in the repayment of any Federal debt. F. Lobbying The Consultant may not conduct political lobbying within the Federally- supported project. In addition, the Consultant may not use Federal funds for lobbying specifically to obtain awards, extensions, amendments, or other Federal actions. (31 U.S.C. §1352) Certain other lobbying restrictions, such as the following, may also apply: 25A -33 Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31 U.S.C. § 1352). The following provisions remain in effect for the award: (a) No Federal appropriated funds may be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant, as provided in 31 U.S.C. § 1 352) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (c) The Consultant shall require that the language of the certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. In addition, no IMLS grant funds shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, relating to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. (P.L. 111 -117, Division D, Title V General Provisions, sec. 503(b)). 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of the IMLS grant funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. 25A -34 C. In the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and temination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be riot less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If tenninated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 10. VENUElJURISDICTION 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. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 25A -35 Facsimile (714) 571 -4221 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: Queens Public Library Bridget - Quinn- Carey, Executive Vice President & CEO Natalie Milbrodt, Digital Content & Strategy Coordinator 89 -11 Merrick Blvd. Jamaica, NY 11432 Facsimile (718) 990 -0700 13. 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 indenmify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terns of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of ally succeeding breach thereof or of any other covenant, condition or agreement herein contained. [Signatures on following page] 10 25A -36 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jam.. ! €- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT QUEENS PUBLIC LIBRARY By: Bridget - Quinn -Carey Executive Vice President & CEO 25A -37 EXHIBIT A SCOPE OF WORK Memories of Migration Partners Queens Public Library (Consultant) will hire and train two Emerging Professional Fellows with fluency in Mandarin and Cantonese to conduct forty (40) Memories of Migration community events in the library's service area over a twelve month period. Consultant will record and archive the experiences of immigrant populations for the Memories of Migration project. Queens Library will focus on elderly immigrants from Taiwan, Hong Kong and Mainland China. They will contribute the results from these events to the project website and collaborative archive. The Fellows will translate the model elements included in the jumpkit for inclusion in their programs. Queens Public Library will provide reports and evaluations as required by the IMLS grant. For these deliverables, Consultant will receive $25,497.00. The largest portion of the grant funds will provide salaries for the Fellows. Queens Library will provide $30,527.00 in cost sharing as required by the budget approved by IMLS. 12 25A -38 REQUEST FOR COUNCIL ACTION C�lr �t •31] 1441% I#1�fii TcIFBYX JANUARY 20, 2015 TITLE: AGREEMENT AMENDMENTS WITH LANDSCAPE WEST AND MARIPOSA LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES IN DISTRICTS ONE AND FOUR (STRATEGIC PLAN NO. 6, 1B) CITY MANAGE RECOMMENDED ACTION 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 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Landscape West for landscape maintenance services, increasing the compensation by $23,742, which includes a 10% contingency, to an amount not -to- exceed $308,642, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariposa Landscape for landscape maintenance services, increasing the compensation by $71,801, which includes a 10% contingency, to an amount not -to- exceed $1,227,466, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) is responsible for the landscape maintenance of all city parks and recreational facilities. Landscape maintenance is currently divided into four park districts and the Civic Center. On October 15, 2014 city staff issued a request for proposals (RFP) to solicit proposals for landscape maintenance services. Upon review of the submitted proposals city staff rejected all bids due to cost. A new RFP with a revised scope of work was issued on December 18, 2014. To allow time to receive and evaluate proposals, staff is requesting agreement amendments with Landscape West and Mariposa Landscape for the period of February 1, 2015 to February 28, 2015. Landscape West will provide service for District 1 at a cost of $21,584 per month. A 10% contingency ($2,158) is also included for unanticipated work for a total increase of $23,472. Mariposa will provide service for District 4 at a cost of $65,274 per month. A 10% contingency ($6,527) is also included for unanticipated work for a total increase of $71,801. 2513-1 Agreement Amendment with Landscape West and Mariposa Landscape January 20, 2015 Page 2 Due to the passage of Senate Bill 7, regarding state prevailing wages, PRCSA will require its landscape maintenance contractors to comply. 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 Funds are available in the PRCSA -Park Maintenance M &R Buildings and Grounds account (no. 01113250 62320) and Police Department- Contractual Services account (no. 02614450 62300). Executive Directorf Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25B -2 AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 201x' day of January, 2015, by and between Landscape West Management Services, Inc., a California corporation dba Palo Verde Landscape Management Co. ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Landscape and Maintenance Agreement A -2014- 014, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 1 covering eight (8) City properties, B. The parties desire to amend the Compensation and Tenn clauses of said Agreement on a short -term basis in order to complete the Request for Proposals process. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1, Section 3. COMPENSATION, shall be amended and updated to include the following; "c. City agrees to pay, and Contractor agrees to accept as total payment for its services a base fee of $21,584.00 per month. The total sum to be expended under this Amendment for the landscape services shall not exceed Twenty Three Thousand Seven Hundred Forty Two Dollars ($23,742.00), which includes a ten percent (10 %) contingency of $2,158,00 for unanticipated work needed in District 1, through February 28, 2015. 2. Section 4, TERM, shall be amended as follows: "The Term of this Agreement shall terminate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25B -3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: L . 1- --��. Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Landscape West Management Services, Inc. dba Palo Verde Landscape Management Co. Stacy Konier President 25B -4 SECOND AMENDMENT TO LANDSCAPE AND MAIN'T'ENANCE AGREEMENT THIS SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 20 "' day of January, 2015, by and between Mariposa landscapes, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS: A. The parties entered into that certain Landscape and Maintenance Agreement A -2014- 015, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 3 covering eleven (11) City properties. B. The parties amended said Agreement on October 21, 1014 to add District 4 to the Scope of Work and properties for Contractor to maintain. C. The parties now wish to amend the Compensation and Term clauses of said Agreement on a short-term basis in order to complete the Request for Proposals process, WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: I. Section 3. COMPENSATION, shall be amended and updated to include the following; "c. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 4, a base fee of $65,274.00 per month plus a ten percent (10 %) contingency of $6,527.00 for unanticipated work needed in District 4, through February 28, 2015, The total sum to be expended under this Amendment for the services at District 4 shall not exceed $71,801.00 for the additional month. 2. Section 4, TERM, shall be amended to include the following pertaining to District 4 services; "The Term of this Agreement with regard to District 4 only, shall commence on November 16, 2014 and terminate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25B -5 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: _..s+ *•� Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency r CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc., Terry Noriega President Q=F 0 W CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AGREEMENT AMENDMENT WITH ABM FOR PARK BUILDING CUSTODIAL SERVICES (STRATEGIC PLAN NO. 6, 1 B ) CITY MANAGE RECOMMENDED ACTION 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 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with ABM for park building custodial services, increasing the compensation by $15,054.88, which includes a 5% contingency, to an amount not -to- exceed $153,390.88, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with ABM for park building custodial services, increasing the compensation of the renewal periods by $28,763.46, which includes a 10% contingency, to an amount not - to- exceed $167,099.46, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION In June, 2014 the City entered into an agreement with ABM for custodial services of Santa Ana park buildings within the city. At various times during the term of the agreement the City adjusted the scope of services by adding sites to the routine monthly service schedule, which was paid from contingency funds. These sites will result in $27,527.55 of added costs during the term of the agreement. The scope at the Cypress Center was also adjusted as staff determined the scope of service at this location could be reduced, which will result in a decrease of $7,201. Additionally, since the term of the agreement is over 50% complete, contingency funds will be adjusted to equal five percent of the new total service cost during the period, rather than the usual ten percent, which will result in a decrease of $5,271.67. The net result of these changes is an increase of $15,054.88 during the term agreement, for an amount not -to- exceed $153,390.88. Lastly, since these changes occurred at various times during the year, the renewal amount to account for a full year of the revised scope will be $167,099.46 ($151,908.60 of routine service plus 10% contingency), which is an increase of $28,763.46 from the original agreement of $138,336. 25C -1 Agreement Amendment with ABM January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilitie's & Infrastructure, Objective #1, Establish and maintain a Community Investment Plan for all City assets, Strategy b, Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT Funds are available in the PRCSA - Facility Maintenance, M &R Buildings and Grounds account (no. 01113260 62320). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet," I ' Francisco Gutierrez, Executive Directot Parks, Recreation and Community Executive Director Finance and Management Services Agencyk.- Services Agency _n 25C -2 FIRST AMENDMENT TO CUSTODIAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this _ day of 2015, by and between ABM Onsite Services -- West, Inc., a California corporation ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. City and Contractor entered into Agreement #A -2014 -106, dated June 1, 2014, for a contractor having special skill and knowledge in the field of janitorial and custodial services ("said Agreement"). B, In accordance with the terms and conditions of said Agreement, the Parties desire to add to the scope of services and increase the compensation in said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to add five (5) new locations in Districts 2 and 4, and revise the scope of one (1) existing location in District 3, for park building custodial services, as set forth in Exhibit A attached hereto and incorporated herein by this reference. 2. Section 3, COMPENSATION, the relevant portion of said section shall be amended to increase the annual compensation of $138,336.00 by $15,054.88, which includes a 5% contingency amount, such that the total annual amount to be expended under said Agreement shall not exceed $153,390.88 during the initial one (1) year term of said Agreement, which pursuant to the tenors of said Agreement terminates on May 31, 2015, unless terminated earlier pursuant to the terms of said Agreement. The relevant portion of said section shall also be amended to increase the annual compensation of any renewal period by $28,763.46, which includes a 10% contingency amount, such that the total annual amount to be expended under said Agreement shall not exceed $167,099,46 during any renewal year of said Agreement. 3. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. r 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Aty / A By: Ryan FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR: ABM Onsite Services — West, Inc. Iaines M. Altieri Regional Vice President 25C -4 EXHIBIT A SCOPE OF SERVICES (Attached) 3 25C -5 ei Q tC W 0 0 a v 0 o u u 0 u N "p O O O JO Q1 J J J z z z z z z 00 00 00 00 00. 00 00 M m 00 o O C O O . O 0 . 0 . . 0 0 . w . O . (D . N . o . . O O . d' O r O O r d7 O O O 0 O M 0 O O co LO co CQ W r U) ^� 0) M m d' m co 0 0 m O to O C'7 [D (D N r NI 'S ffl VD- E9 64 64 64 64 64 64 64 64 61) to 64 6o 64 (4 0C)0 000 OOOO O o c o o 0 0 0 0 0 0 0 O O 0 0 0 co o (O o o 'C r r o O O O O h- O O Cl) 0) r W O W 0) 'U' O (O to O o O (D t N C N O C 'y Q to H? EA v) tf} fF} KT ffl, ffr ER 63 fA d�1 U} c c > �p d 0 0 0 o o R LL LL m T.+ w+ C U z z z .22 V u�LL.. C zzz rn W UJ U) U) z O g 000 000 ° °gN a '= Q fl- L, L` r LO LO N N co 0 co DO 1 R C' U 0 m E 0 N N L Y Y Y N N ' o N N N 0 o o N a) rn a) U d c mmE (/1 co to VY U °a) m c c o c c o c E m m m c m cm a n M o o D- N m w L c ? d N Y y .G N LC E E C ❑. C C N C 9 §i` A VJ rL � 0' fn fn UL 2 2 r N m V Q V lu 's. r N co 'i r- N M 'C r N co d' N V y N N N in a 25C -6 ° me SAMS CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AGREEMENT AMENDMENT WITH VIDEO ENGINEERING SERVICES FOR VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES {STRATEGIC PLAN NO. 2, 3C} IT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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 with Video Engineering Services for video production services, by $38,875, and increasing the term by five months, sub approved by the City Manager and the City Attorney. DISCUSSION an amendment to the agreement increasing the total compensation ject to non - substantive changes Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. In addition, production staff televises City Council meetings occurring in the Council Chambers. Video Engineering Services also assists the City Clerk and other users of the Council Chambers with audio recordings and lighting and provides technical assistance on other audio /visual related projects. This agreement amendment increases the total compensation of the agreement by $38,875 for a total agreement amount not to exceed $94,920. In addition the term is extended by five months for a total of 17 months with an expiration date of June 30, 2015. The Parks, Recreation and Community Services Agency is satisfied with the quality of services provided by Video Engineering Services and recommends approval of this amendment. In the next few months city staff will issue a request for proposals to solicit proposals for video production services for the 2015 -2016 fiscal year. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #3, Expand use of technology as a tool for communications and education in the community, Strategy C, Review web, social media, and CTV3 services and develop new strategies for more effective use. 2501-1 Agreement Amendment with Video Engineering Services January 20, 2015 Page 2 FISCAL IMPACT Funds for this agreement are available in the PRCSA Administrative Services, Contract Services account (no. 01113200 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency/P 25D -2 AMENDMENT TO CONSULTANT AGREEMENT THIS AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this 20`x' day of January, 2015 by and between Video Engineering Services (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into Agreement # A- 2014 -013, dated January 7, 2014 (hereinafter "said Agreement ") by which Consultant has provided video engineering services to the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and provide additional compensation to pay for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Consultant Agreement, the parties agree as follows: I. Section 1, SCOPE OF SERVICES, shall be amended to reflect that video engineering services shall be provided as set forth in Exhibits A, B, C and D, attached hereto and incorporated by this reference. 2. Section 2.a., COMPENSATION, shall be amended as follows: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit D, for an additional amount of $38,875.00 during the amended and extended term through June 30, 2015. The total amount to be expended under said Agreement shall not exceed $94,920.00. 3. Section 3, TERM, shall be amended to read, in full as follows: "This Agreement shall terminate on June 30, 2015, unless terminated earlier in accordance with Section 12, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Consultant Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 6LOisa cr k�� CITY OF SANTA ANA David Cavazos City Manager VIDEO ENGINEERING SERVICES Thomas E. Bystry Assistant City Attorney Owner RECOMMENDED FOR APPROVAL: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 25D -4 EXHIBIT A VIDEO ENGINEERING SERVICES BASE ENGINEER 1. Consult shall confer with the Executive Director of Parks, Recreation and Community Services or assigned staff to evaluate needs and supervise maintenance activity of all city owned audio /video facilities. Said facilities include, but are not limited to: City Hall and Council Chambers, Recreation Centers, Senior Centers, Stadium, Soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio /video facilities. 3. Design layout of electrical circuitry for existing and /or acquired audio /video equipment. 4. Ensure compliance with local, state, and federal safety codes and regulations. 5. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 6. Help establish and enforce Agency wide policies for equipment use. Provide operation instruction for staff. 7. Conduct regular security checks on the City's production equipment. 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Supervise annual asset inventories and tagging of new assets, as needed. 10. Coordinate equipment repair with outside agencies. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, delivering equipment, setting up operating facilities as needed.) 14. Provide updates to Executive Director and /or assigned staff on progress of equipment install, maintenance, building projects and anticipated completion dates. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, Powerpoint, elmo or other technical needs. 16. Installation of camera and control room equipment upgrades. COMPENSATION for Term of Contract = $35,495.00. City will pay Consultant $65.00 (Sixty Five dollars) per hour. The first and third Tuesdays of the month (Council Meetings) shall be two regularly assigned workdays for Consultant. 25D -5 EXHIBIT B VIDEO ENGINEERING SERVICES State of the City Address Consultant shall produce the mayor's state of the city address, including: • Hiring and supervising crew for camera operations, audio mixing, cable running, equipment load in and load out for event. • Directing the show for video. • Renting all needed video equipment and editing the finished video for playback. COMPENSATION - $5,000 for State of the City Address in June 2014 $5,000 for State of the City Address in June 2015 Itemized invoicing for this item will occur once a year. Does not include a video to be used by the Mayor in his presentation. 25D -6 EXHIBIT C VIDEO ENGINEERING SERVICES City Council Meetings VIDEO ENGINEERING SERVICES (Thomas E. Bystry) will serve as Producer /Administrator for City of Santa Ana City Council meetings. Said services include hiring and supervision of video production staff. Consultant shall provide production services in live meeting coverage and playback for up to twenty -four (24) meetings, including City Council meetings held the first and third Tuesdays of the month, Candidates Forum, Election coverage and swearing -in ceremonies biannually, and various additional meetings as selected by the Clerk of the Council and/or City Manager. Production services shall include all responsibility for graphics during the presentations, video roll -ins and all audio /visual needs. Additionally. Consultant shall provide technical assistance for city production crews and staff. Services shall include: 1) Serve as Video Producer for all council meetings and cable- casting events in council chambers. 2) Maintain open communications with city clerks' office for special needs or changes pertinent to the agenda for each council meeting. 3) Communicate and confirm with the cable administration office in Parks and Recreation regarding council meeting coverage and playback related to the city channel. Report of technical playback and council problems and remedies to the cable office. 4) Provide, hire and supervise all video production crew and staff which will include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one person. 5) Schedule video production staff. Pre - arrange and notify crew of video productions and changes. 6) Provide maintenance of playback equipment located in City Hall and necessary for City Council meeting. 7) Provide for office administration and payroll for video production crew and playback. 8) Provide and be responsible for all production staff training and hands -on use of equipment for video crews, 9) Direct communication with City Council members and Clerk of the Council. 10) Review any needs or concerns related to production request: includes powerpoint, overheads, video roll -ins and presentations, review cueing system, proper use of microphones for Council. 11) Arrange for and design overall look and style of productions. 12) Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. Compensation for Video Engineering services shall not exceed $49,425.00 for the term of the contract: $1,475 for first Tuesday meeting each month. $1,300 for additional meetings in the month (if televised). This is a flat rate amount regardless of duration of council meetings. Said fee includes all required crew and insurance required by City Hall. All invoices submitted shall be itemized. 25D -7 f 'f:ff7M BUDGET SUMMARY FOR CONSULTANT AGREEMENT Between The City of Santa Ana and Video Engineering Services (Thomas E. Bystry). Annual budget for Exhibit A: $35,495 Base Engineer Annual budget for Exhibit B: $10,000 Produce (2) State of The City Address Annual budget for Exhibit C: $49,425 Council Meetings TOTAL COMPENSATION FOR TERM OF THE CONTRACT (as Amended) FEBRUARY 1, 2014— JUNE 30, 2015 $94,920.00 Consultant shall submit itemized monthly invoices detailing services provided and costs associated with those services. 25D -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AGREEMENT FOR BICYCLE SAFETY PUBLIC EDUCATION WITH ALTA PLANNING & DESIGN (PROJECT NO. 15- 6838) (STRATEGIC PLAN NO. 1,/3, B) — J /gas CITY MANAGER RECOMMENDED ACTION 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 Authorize the City Manager and the Clerk of the Council to execute an agreement with Alta Planning & Design, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide bicycle safety marketing and education services for the period expiring one year from the agreement commencement date, in an amount not to exceed $150,000. DISCUSSION On November 18, 2014, the City Council approved an agreement with the State of California Office of Traffic Safety (OTS) for a program to address bicycle safety through the development of a public awareness campaign and to implement a series of bicycle safety education workshops. The City Council also recognized grant funds in the amount of $150,000 from OTS to implement the programs. The program goal is to reduce the number of persons injured or killed in collisions involving bicycles. The bilingual public awareness campaign developed by City staff is designed to reach both bicycle riders and non - riders. Marketing outreach strategies include bicycle safety information on transit vehicles, bus stops, and street banners. The bicycle safety education component directly targets bicyclists of all ages through classroom demonstrations, bicycle safety skills classes taught by League of American Bicyclists Certified Instructors, helmet fitting workshops, and helmet distribution at each event. A Request for Proposals (RFP) for marketing and education services to implement the public awareness campaign was released and distributed on November 19, 2014, to qualified marketing firms and bicycle education organizations. The City received six proposals. The proposals were reviewed by a four - member committee comprised of Public Works Agency and City Manager's Office staff. Proposal ratings were based on experience, qualifications, project understanding, marketing samples, and familiarity with the grant source. Once rated, the sealed fees from the top three firms were revealed. The following table summarizes the proposal scores and fees: 25E -1 Agreement for Public Education on Bicycle Safety January 20, 2015 Page 2 FIRM 1. Alta Planning & Design 2. Maricich 3. JUVE Creative AVERAGE COST SCORE 91 511 77 $ 149,948 $ 150,000 $ 149,710 Staff recommends that Alta Planning & Design be retained for an amount not to exceed $150,000 for marketing and education services. This firm has demonstrated they have the experience and resources needed to provide the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 for Community Safety; Objective #3 to promote fiscal accountability to ensure financial responsibility at all levels of the organization; Strategy B to promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions. FISCAL IMPACT The total cost of the agreement is not to exceed $150,000. Funds in the amount of $150,000 are available in OTS- Bicycle Safety PWA expenditure account (No. 16517611 - 66220). Fred Mousavipour Executive Director Public Works Agency FM/WG /CW Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: `_t ,\ Y -- CN \ is 11 Y\ Francisco Gutierrez �Jhc Executive Director Finance & Management Services Agency 25E -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ` day of 2015, by and between Alta Planning & Design, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and rmmicipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The Santa Ana Public Works Agency was awarded California Office of Traffic Safety (OTS) for a through the development of a bilingual publi implementation of a series of bicycle safety educa program is to reduce the number of persons killed bicycles. a $150,000 grant from the State of program to address bicycle safety c awareness campaign and the tion workshops. The goal of the or injured in collisions involving D. Consultant represents that Consutant is able and willing to provide such a bicycle safety campaign and education workshops. C. A Request for Proposals for marketing and education services was released and distributed on November 19, 2014 to qualified marketing firms and bicycle education organizations. The City received six proposals. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm iii the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide a bicycle safety public awareness campaign and bicycle safety education workshops as set forth in the scope of services attached hereto as Exhibit A and incorporated by this reference to this Agreement. 2. DELIVERY OF WORD PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with 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 EXHIBIT 1 25E -3 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 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 Exhibit B attached hereto and incorporated herein by this reference. The total sum to be expended under this Agreement shall not exceed $150,000.00 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 the date first written above raid terminate one (1) year from said commencement date, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City, 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 fi•o n 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) naive the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) 25E -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 Rill 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 (3 0) 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, claims), 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 for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing 25E -5 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. 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 patty 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 — Executive Director City Hall -- Ross Annex — 4a' Floor 20 Civic Center Plaza (M -21) Santa Ana, California 92702 Facsimile: 714 -647 -5622 25E -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: Alta Planning & Design 617 W. 7th Street, Suite 505 Los Angeles, CA 90017 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, dixly 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 instnunent 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 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 25E -7 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 affinns 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 Airther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govermnental 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25E -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City By:' Ryan RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager ALTA PLANNING & DESIGN: Brett Hondorp Principal 7 25E -9 EXHIBIT A SCOPE OF SERVICES (Attached) 25E -10 Scope of Work TASK 1: PROJECT INITIATION AND MANAGEMENT Task IA: Kickoff Meeting The Alta Team will prepare a plan of action and schedule for implementing the Bicycle Safety Public Education Campaign by September 30, 2015. To begin this process, we will hold a kickoff meeting at the start of the project with represen- tatives from the City of Santa Ana, The goal of the kickoff meeting will be to: • Review project goals and objectives • Review scope of services • Confirm project and meeting schedules • Collect available relevant documents and information • Establish staff communication and coordina- tion protocol After the kickoff meeting, key action items will be Identified, and the project schedule will be revised (if needed), Alta will provide meeting notes detailing major decisions and action items resulting from the kick -off meeting. Task 1B: Ongoing project Meetings Overall project management will be provided by Alta Planning + Design, with Jennifer Beatty and Gera Larson leading campaign develop- ment, Arellano Associates providing translation and cultural awareness services, and Safe Moves conducting direct education, Alta's Project Meetings with City staff and a Project Management Team will provide a scheduled opportunity to advance the project towards a successful completion and gather information that will help campaign messaging. Publla Education on elcycla $a Wy I Alta Planning+ aealgn Manager, Jessie Holzer, will be in regular contact with the City to coordinate staff, keep parties informed of project efforts, and seek input on key decision points. Since this project is on an accel- erated timeline to meet grant funding obliga- tions, effective project management will be key to this campaign's success. As such, we propose to hold bimonthly progress calls with a small yet empowered Project Management Team (PMT). The PMT will work closely to review products and provide one set of consolidated comments to the Alta Team to quickly keep the project moving forward. We also propose running the education campaign simultaneously to the media campaign to complete tasks prior to summer vacation, Task 1C: Invoicing and Status Reports Alta will submit monthly invoices and written status reports detailing work to date completed on the project to keep the City updated and informed. Direct costs incurred for media place- ment and educational collateral procurement will be included in invoices to the City. Task 1D: Debrief Meeting At the end of the project the Alta Team will hold a debrief meeting with City staff to dismiss the results of the campaign, We will document key discussions and incorporate lessons learned for future campaigns into the project Final Report, discussed as follows. Task 1E: Draft and Final Report Throughout the process of the campaign, we will document stakeholder and public input, steps taken on campaign design and media procure- ment, total cost of placement and procurement, location and duration of campaign materials, metrics provided by media vendors on audience reached, and evaluation survey results. At the end of the project, the Alta Team will produce a draft and final report documenting the work completed and the processes used so that the City of Santa Ana will have a reference guide and lessons learned for future campaigns, Alta will submit the draft report to the City for review and respond to one round of consolidated comments to be addressed in the final report. 25E -11 City of Santa Ant I Alta Planning + Deelgn Task 1 Deliverables: • Project kickoff meeting and meeting notes • Biweekly progress calls and status reports • Monthly invoices • Debrief meeting and summary notes • Draftand Final Report (one round of comments) TASK 2: DEVELOP A PUBLIC OUTREACH CAMPAIGN Task 2A: Stakeholder Interviews and Research To better understand the unique physical and cultural Santa Ana context and define the poten- tial campaign messages, the Alta Team will conduct up to five interviews with the City and other key project stakeholders. Interviews will cover topics such as distinguishing character- istics of Santa Ana, effectiveness or ineffective- ness of current content and communications, and how bicycle transportation in Santa Ana is viewed by the general public. In addition, we will review up to 10 reports or materials, relevant research developed for Santa Ana, and other documents as identified by the City to develop a deeper understanding of the strategic goals behind the bicycle safety campaign. Arellano Associates will play a key role in this task by collecting information that will lead to a culturally- relevant bilingual campaign. They will assist with developing interview questions to confirm the questions are culturally appropriate and are prepared to conduct one interview to a Spanish - speaking group, such as an English Learners Advisory Committee meeting at a local school. Task 2B: Develop Creative Brief The Alta Team will develop a Creative Brief to concisely define the objectives of the campaign and the core problem(s) it aims to solve. The Creative Brief will include information gained through initial research and interviews, key chal- lenges, target audiences, and insights on how to connect with these groups. This document will be the foundation that future strategic platforms and concepts are built upon. Task 2C: Competitive and Inspirational Audits The Alta Team will partner with City staff to iden- tify a portfolio of sample campaigns and best practices to guide the look, feel, and message for the campaign through competitive and 0 lAcomp6fiencs este verano en octividades GRATUITA5 pare caminar y andar en blcicleta! Diefruto can su famllla y amigmytolne pasas hade unovida saludable. Reaio2.VreapepIUM isollcltensu Gc KIt GRA1'IScon infnr,nael5n sabre andar en bicideta,<aminac fomertransporte publicoy rompartlrvlajes- yelila un regelu gratis! Vislte gwilsan.org parx obtener mes Infarmcldn. Los eventos gratuitos pars caminar y andar an bicideta Indulr5n paseos famlllares ypicnics. recorridos par Anse porn conoddas, fallen, sabre cidismo.cacorfas de tesoros y Imacho rnSM wwwgopiisen.org I facebook.com /gopllsen PILSEN Info @golabonorg 1 312- 427 - 3325x265 The Alta Team created a fully bilingual program for the Go Pilsen marketing program, whore all collateral material and web presence Is In both Spanish and English. inspirational audits. These audits will review public awareness campaigns (both transporta- tion and non- transportation focused), popular bicycle initiatives, and other safety movements to determine how they present themselves, how they are positioned, and assess the results, if avail- able, They will also include analysis of the social and cultural trends affecting bike safety and the community. We will use these audits to uncover the most interesting possibilities for the brand, potential messages, visual icons and themes, and overall "look and feel" of potential campaign brands. We will present our research to City staff to explore which themes and elements are most interesting and relevant to Santa Ana. This discussion will further guide the direction of this campaign. Task 2D: Begin Creative Team Discussions Based on the results of the competitive and Inspirational audits, the Alta Team will engage In a series of internal discussions to analyze our research and further outline the campaign frame- work. We will use these discussions to: 25E -12 • Define the target audience • Create Insights based on target audience needs • Define character Develop guidelines for culturally- appropriate messages Task 2E: Develop Core Strategic Platforms The team discussion results will directly lead into the development of up to three strategic plat- forms, which will serve as the foundation for efforts moving forward. The strategic platforms are broad visions for how the campaign will feel. For example, the campaign could be designed as young and playful or strong and serious, Both platforms are able to relay a message, but in a different overarching direction. The City will select one of the three strategic platforms, which will form the basis for the evolution of the campaign. Task 2F: Develop Design Concepts The Alta Team will develop up to six creative design concepts based on the chosen strategic Public Education on Bicycle Safety I Alta Planning + Design platform. Each of the concepts will Include a compelling bilingual message or tagline, strate- gies for communicating the message, and ways to encourage the desired behaviors. For example, a potential concept could encourage bicycling In the same direction as traffic by showing what it would look like to drive on the wrong side of the road. The Alta Team will externally test the concepts by identifying a small focus group of 8 -10 reliable sources to provide feedback as the concepts are developed. Task 2G: Finalize Campaign Based on direction from the City about the design concepts, the Alta Team will refine ideas into one final campaign concept that will be produced In both English and Spanish. The final concept will include the campaign message including text or a tagline(s), and provide design direction that dictates the look and feel of the final product. For the Pasadena Safe School Zones Campaign, Alta led branding, design, and development of a high- profile media and web campaign featuring a serles of ads In both English and Spanish. E 25E -13 City of Santa Ana 1 Alta Planning > Design Task 2H: Develop Web Strategy The Alta Team will work with the City to develop a website that digitally communicates the campaign. We understand that Lhe City intends for the campaign to be hosted on the existing City website and we have planned accordingly. This will be completed through the following steps: • Determine the content and publication strategy • Determine technology /platform needs and limitations • Design key page layouts, if possible within the existing website, and an interactive style guide • Identify opportunities to Integrate social media platforms Task 2 Deliverables: • Up to five stakeholder interviews • Initial background research • Creative Brief • Competitive and inspirational audits including a portfolio of samples and best practices • Internal creative team discussions • Three strategic platforms • Up to six design concepts and messages • External testing of campaign concepts • One final bilingual campaign concept with message • Web strategy for digital communication of campaign TASK 3: PRODUCE MATERIALS FOR DISTRIBUTION AND PLACEMENT Task 3A; Define Suite of Materials and Dlstributlon Plan To plan for the design, development, production, and placement of campaign marketing mate- rials, Alta will work with the City to define the suite of materials and the amount /type of educa- tional collateral. We are prepared to produce and procure the following items listed in the City's Request for proposals: • Educational brochures for distribution at schools, libraries, and other public facilities • Bicycle safety materials and collateral marketed towards school age children including: x Coloring books » Bicycle helmets Bicycle lights » Reflective bands • Bicycle and pedestrian safety web pages to be posted on the City's website (discussed in Task 2) • Advertisements to be placed on the Interior and exterior of OCTA buses • Advertisements for placement on bus shelters and benches • Streetlight banners for display city -wide After receiving approval on the suite of materials, we will develop a Media Deployment proposal for City review, summarizing our plan for media placement, distribution of materials, and duration of posting. For the Lights On campaign In Marin County, the Alta Team developed a safety and encouragement program that gave bicycle lights to cyclists riding without them at night, Task 3B: Develop Draft and Final Materials Alta will use the final campaign concept to create up to three campaign designs that communicate the approved message(s) within the established brand. Designs will include all required logos and copy. We will present to the City for review and refinement before developing final campaign designs for production. Designs will be devel- oped in a manner that can be updated to fit the size parameters of the desired media platforms. 25E -14 Task 3C: Print Management Alta manages all aspects of working with print vendors to see to high- quality final products, including transferring print -ready files, providing detailed specifications, and reviewing electronic and hard -copy proofs. To produce the highest quality, most cost - effective printed products, Alta will research reputable local vendors and solicit at least three print bids, We will review estimated costs to select a vendor(s) that will be appropriate for producing printed materials for this campaign. Task 3D: Media Placement Alta will modify the campaign graphics for each selected channel and format as dictated by the media vendor. We will work with media vendors to procure space for the campaign graphics in the desired locations and for the pre - determined campaign duration. We will provide payment to the vendor for each media channel, which we will include as part of our monthly invoices to the City. We will also work with vendors to track the effec- tiveness of all marketing materials by keeping and maintaining a running log of: • Number of messages produced • Subject of each message • Number of printings for each message • Total size of audience reached • Total cost and /or donated value Task 3E: Materials Procurement and Distribution Per the Media Deployment Proposal, Alta will research potential vendors for the selected educational collateral and distribute items via the appropriate channels, such as providing helmets at bike rodeos and educational brochures during saturation patrols (discussed in Task 4). Task 3 Deliverables: Define suite of materials Media Deployment Proposal Draft and final materials Print management Media placement and tracking Material procurement • Material Distribution Publlc EdnCatlon on Bicycle SaPaty I Alta Planning + Design Based on our work for the Pasadena Safe School Zones campaign, we have -a database of media sources, placement costs, and contacts we can use to lumpstart the media deployment effort. TASK 4: DIRECT EDUCATION AND OUTREACH Task 4A: Host League Cycling Instructor Seminar Alta will work with the City and the League of American Bicyclists (LAB) to schedule and host a train -the- trainer seminar to certify up to 12 community members as League of American Bicyclists Cycling Instructors (1 Cls), We have 10 LCIs on staff, including Alta Project Manager Jessie Holzer, and thus are intimately familiar with the steps involved In the certification process. While the LAB will supply an LCI coach to run the seminar, it requires a local contact to serve as Site Facilitator to organize logistics (such as finding an indoor meeting /classroom space, chairs, tables, etc), promote the seminar to interested bicy- clists, and remain in contact with the LCI Coach. We propose a representative from the City or a local non- profit organization serve In this role with support from Alta. Task 46: Bicycle Safety Classroom Presentations The Alta Team will reach out to elementary schools in the Santa Ana Unified School District to schedule one bicycle safety classroom presen- tation at 20 middle elementary schools, reaching approximately 5,000 students. Safe Moves specializes in delivering bicycle safety instruc- tion to children in a range of socio- economic and cultural backgrounds and will deliver lesson plans relevant to the diverse neighborhoods in Santa Ana that accommodate differing student abilities and cognitive learning skills. 25E -15 11 Glry of Banta Ana I Alta Planninq * Design We propose that the presentations be directed toward upper grade elementary school students (grades four through six) as children in these grades are more likely to ride to school. The presentations will include education on several critical areas: • General bicycle safety • Skills necessary to make smart choices in traffic • Recognition and avoidance of common traffic collisions • Safe behaviors In and around vehicles including cars, buses, trains and trucks • Understanding driver behaviors Task 4C: Bicycle Rodeos The Alta Team will schedule bicycle rodeos at four of the elementary schools receiving class- room presentations. Rodeos will be interactive, on -bike simulations allowing students to experi- ence "real world" traffic situations and challenges In a controlled environment. Lesson plans will be designed to be age - appropriate and adminis- tered by trained safety Instructors, Lesson plans for the bicycle rodeos will Include but will not limited to: • Safe places to ride • Traffic signs and signals • Rights and responsibilities of bicyclists • Recognition and avoidance of common bicycle collisions Use of bike racks, bike lanes, bike paths, bike trails Skills (stopping, balancing, braking, left shoulder check, scanning) Explanation /simulation of traffic environment (infrastructure) Understanding of driver behaviors Prior to participating in the rodeos, Safe Moves will conduct bike safety checks for tires, brakes, seats, and handlebars. A limited number of loaner bicycles and helmets will be provided for those students who do not have access to their own. Task 4D: Bicycle Helmet Fitting and Distribution One thousand helmets, procured as part of this program, will be distributed and fitted at the four bicycle rodeos. Safe Moves will provide instruc- tion to students and parents on how to properly fit and adjust their bicycle helmets so that they may use this training in fitting helmets in the future, Additional helmet seminars could be conducted as part of the classroom presentations and satu- ration patrols if there is a surplus of helmets, A bicycle rodeo will teach children age appropriate bicycle behavior and help promote bicycle safety and Increase usage. 12 25E -16 Task 4E: Saturation Patrols with Santa Ana Police Department Alta will conduct up to four saturation patrols with the Santa Ana Police Department to enforce laws related to bicycling, educate the public on bicycle safety, and facilitate communication between law enforcement officers and the general public. Many Immigrant populations shy away from interactions with police officers, so the satura- tion patrols may provide an opportunity to ease tensions regarding law enforcement. We assume saturation patrols differ from regular enforcement by bringing officers into the community In a non - intimidating way, such as by staffing a booth at a popular location and distributing informational materials and safety giveaways. Patrols could take place along popular bicycling routes or off - street on bike paths and trails, We recommend distrib- uting a portion of the collateral during the satura- tion patrols to attract the attention of passers -by. The Alta Team will work with the Santa Ana Police Department to enforce bicycling laws, educate the public on Bicycle safety, and facilitate communication between law enforcement officers and the general public, Public CAUCatlon on Bicycle Safety I Alta Planning + Design Task 4F: Evaluation Surveys At the end of the campaign, after both media placement and direct education has been completed, Alta will disseminate an online evaluation survey through the 20 schools that participated In the classroom presentations as a requirement of receiving the train ings, The survey will be targeted at parents, with the goal of deter- mining any students who were'saved by a helmet' by asking questions about collision Involvement and changes in helmet usage as a result of the campaign. We will also partner with the school administration staff to identify and recognize students saved by helmets. If desired by the City, the survey could also include questions about the media campaign to evaluate its reach to families. Alta will analyze survey results for inclusion in the Final Report (Task 1). Task 4 Dellverables: • One League Cycling Instructor Training Seminar • Up to 20 bicycle safety classroom presentations • Four bicycle rodeos • Four bicycle helmet fitting seminars at bike rodeos • Distribution of 1,000 bicycle helmets • Up to four saturation patrols • Online evaluation surveys at up to 20 schools • Survey analysis m 25E -17 EXHIBIT B COMPENSATION (Attached) 25E -18 W-- �y ;�V: WO W IO a W @'I pl tn{pp ntOntrya m N:,b,.Ob{ypo a'b lO 1N0 WN Na -ivl N,�n(e h'N I`� %17bIO ,�'T Nn nNW W�4of . o'o 0000� o',,0 0 0000a o a000ayo��o;�; o�oE ��oa Nam» (9 N WW NbN(0 W W 09 df 1 1 V'.V NmbO ' "bNW bC Ob b'.bryd'Mro tl'.aN ryWN b�. N4)00]ON WN W d bN tl' M'VV br.- T�' "pr'NNIa+I NCN'l ta�IN W -N V' Na ?]' b, N.V Nd'V'NNNN N,NbNV'N' "p NV ��bNbb['�.W'f.U4b(OCfO V"m.CµNID 1p q�NN bN O�Ip tl W N V '•1' N ' N N 4 N sY N N ' N N N N N tD i (O ^Y tl' N G" a v v'. a c. v n li C���C NYC �✓J��IT/l ���r N� �..'.}�jU $.� v � UC ry N.y N Ng�SryM NN WNV,O���b �Y.`�i) &L�lO Y. �/��jjI /]U61JpLL p.SUV�' -�L(1 Ci (0.� `cG M�i�( 0J IX11C1 I!/ll1 . SCG `U O W.�v_.NNNN NNN Y,IR:__�Mt3 NM MFCT NY V� V 25E -19 R V P � M� d9 r W N W W O K N N N df b M W l m v v 0 N 4 v v O q CJ �a b oy 4+ 25E -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES INC. FOR INMATE FOOD SERVICES {STRATEGIC PLAN NO. 1, 3A} CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As ]Recommended ❑ As Amended ❑ Ordinance on 161Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate food services in accordance with a sliding scale not to exceed $1,412,140 and exercising the option to amend the agreement for one year, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 17, 2012, Council approved a three -year agreement with two, one -year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. The food service program includes daily meals for all inmates, weekly inmate commissary service and operation of the cafeteria in the Police Administration facility. Aramark Correctional Services, Inc. also provides catering services to various City meetings and events. The existing agreement for the Santa Ana Jail inmate food service program expires January 31, 2015. Aramark has requested a revision to their price per meal to account for fluctuations in Average Daily Population (ADP), as shown in Exhibit A of the agreement, effective February 1, 2015. Aramark Correctional Services, Inc, has performed satisfactorily during the agreement term and staff recommends renewal of the agreement. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. 25F -1 Aramark Amendment January 20, 2015 Page 2 FISCAL IMPACT Funds are available in the Police Department's Jail Services fund for inmate food services (account no. 01114475-62300) and various departmental Operating Materials & Supplies account (account 63001) for the catering services. Commission revenue will be deposited into the Inmate VNelfare Recovery account (account no 02314002 57403) and the General Fund Kitchen Rental account (account no 01114002 57461). Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTI-[ AMENDMENT TO AGREEMENT is entered into on January 20, 2015 by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement #A- 2012 -008, dated June 6, 2012, (hereinafter "said Agreement ") by which Consultant has provided meal service and commissary services for the Santa Ana Police Department and Detention Facility. B. The parties entered into a First Amendment to Agreement # A- 2012 -194 dated September 17, 2012, amending the scope of services to provide for healthier inmate meals and for the provision of kiosk payment for commissary services, increase compensation to pay for the new meal plan, and increase the cost of a meal to $1,98 effective September 1, 2012. C. The parties entered into a Second Amendment to Agreement #A- 2013 -033 dated February 1, 2013, increasing the cost per meal 2.6% for a total of $2.03 a meal pursuant to the Consumer Price Index (CPI). D. The parties entered into a Third Amendment to Agreement #A- 2014 -024 dated January 21, 2014, increasing the cost per meal 2.1 % for a total of $2.073 a meal pursuant to CPI and by way of mutual agreement of the parties. E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation paid by the City to the Consultant from a set cost per meal to a sliding scale model, as shown in Exhibit A. The parties agree that the amendment will be effective as of February 1, 2014. The parties also agree to exercise the first of two one year extensions of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: Section 2.A, COMPENSATION, shall delete in its entirety subsection (a.) and replace it with the following. a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for each Prime Option inmate meal served pursuant to this Agreement, a per meal cost as indicated in the attached sliding scale model (Exhibit "A" incorporated herein by reference as though incorporated in its entirety) determined by the weekly average daily population for that week. 25F -3 2. Section 2.C, COMPENSATION, shall be added and shall read as follows: C. TOTAL AGREEMENT COMPENSATION During the term of this Agreement, the total compensation for the Agreement shall not exceed one million, four hundred and twelve thousand, one hundred and forty dollars and zero cents ($1,412,140.00), 3. Section 3, TERM, is amended to provide that the termination date of the Agreement is January 31, 2016 with one additional one year extension subject to approval of the City Attorney and Chief of Police. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ey:15� �C�uA-k Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager ARAMARK CORRECTIONAL SERVICE, LLC. Mark Adams Chief Financial Officer Vice President of Finance 25F -4 Exhibit A City of Santa Ana, California Effective February 1, 2015 No. of Inmates* Price per Mead 255-304 $2.932 305-354 $2.598 355-404 $2.366 405-454 $2.235 455-504 $2.177 505-615 $2.177 *The total number of inmate meals served per week is divided by 21 in order to determine the price point on the sliding scale. These numbers include the 5% Market Basket increase for 2015. 25F -5 25F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: PURCHASE AGREEMENT WITH WILLIAM W. GREEN FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740 NONGENERALFUND) (STRATEGIC PLAN NO. 6, 1, G; 3, 2, C) CITY MANAGE�— RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended El As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement with William W. Green for the property located at 1321 North Bristol Street (APN 405- 272 -15), in the amount of $400,000, for the full purchase price for said real property and goodwill (if any), subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that will be constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is assisting with property acquisitions for development of Phase IIIB, bounded by Washington Avenue and Seventeenth Street. Property acquisitions for this phase are expected to be completed by early 2015, when construction is scheduled to begin. To accommodate the widening for Phase IIIB, acquisition of the entire property located at 1321 North Bristol Street is required (Exhibit 1). An offer based on the appraised values prepared by a licensed appraiser in the State of California was made and accepted by the property owners. The compensation amount is $400,000 (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). 25G -1 Purchase Agreement with Green for Bristol Street Improvements January 20, 2015 Page 2 of 2 Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase IIIB, which lies between Washington Avenue and Seventeenth Street, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on June 3, 2014. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (Account 05917661- 66220) and Measure M2 Street Construction Fund (Account 03217662 - 66220). f A � L�, Fr d ous vipour Executive Director Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: 25G -2 Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 4 (NTS) 18TH STREET N m P P M NO IMPACT 17TH STREET • 405252 -2t MATCHUNE SEE BOTTOM UB-T WASHINGTON AVENUE I v T—T- W=F�lk 71t = - SUBJECT PROPERTY - ACOUIRE° PROPERTIES EXHIBIT 1 SANTA ANA TI1LEi � PURCHASE AGREEMENT WITH WILLIAM W. ■ P W A ■ CITY COUNCIL GREEN FOR BRISTOL STREET AGENDA DATE: JANUARY 20, tow IMPROVE ONGENERAL 0.116740 FUND) euk 5 xtr [Strategic Plan No. 6, 1, G and 3, Z C) 25G -3 1— ' W ' W a w 0 ° J i z Oa I a F— w m r 405-252.22 • 405252 -2t MATCHUNE SEE BOTTOM UB-T WASHINGTON AVENUE I v T—T- W=F�lk 71t = - SUBJECT PROPERTY - ACOUIRE° PROPERTIES EXHIBIT 1 SANTA ANA TI1LEi � PURCHASE AGREEMENT WITH WILLIAM W. ■ P W A ■ CITY COUNCIL GREEN FOR BRISTOL STREET AGENDA DATE: JANUARY 20, tow IMPROVE ONGENERAL 0.116740 FUND) euk 5 xtr [Strategic Plan No. 6, 1, G and 3, Z C) 25G -3 25G -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into 2 014, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and WILLIAM W. GREEN, AS Surviving Joint Tenant (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1321 N. Bristol Street, Santa Ana, CA) (APN: 405- 272 -15) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of FOUR HUNDRED THOUSAND DOLLARS AND 00/100 ($400,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 25G -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to shall occur on February 28, 2015. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of FOUR HUNDRED THOUSAND DOLLARS AND 00 /100 ($400,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. (e) All tenants to have vacated the property 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 25G -6 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements . pertaining to the realty), goodwill (if any), and severance damages. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: William W. Green 3419 Via Lido #607 Newport Beach, CA 92663 14. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not 25G -7 limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sue. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 25G -8 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 23. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 24, No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the parry to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Agreement To Assionees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25G -9 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: William W. Green, Surviving Joint Tenant Date: ',2014 Date: 2014 City /Buyer City of Santa Ana Date: 2014 David Cavazos City Manager Attest: Date: Maria D. Huizar City Clerk Approved as to Form: 2014 `` %l.r r' Date: 7 '2014 r' -rJose Sandoval 7 Chief Assistant City Attorney 25G -10 Axw9rn"".1 LEGAL DESRIPTION LOT FIFTEEN (15) OF "NOBLE PARK NO. 2, TRACT NO. 863 ", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 26, PAGE 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 405 - 272 -15 25G -11 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed which independently shall have the same effect as if it were the original, constitute one and the same instruction. 25G -12 in one or more counterparts, each of and all of which taken together shall REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT FOR TRAFFIC COUNTING ❑ As Recommended SERVICES WITH TRANSPORTATION ❑ As Amended El Ordinance onIstReading STUDIES, INC. ❑ Ordinance on 2"' Reading (STRATEGIC PLAN NO. 1, 3, B) ❑ implementing Resolution 2 ❑ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Transportation Studies, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide traffic counting services for the one -year term expiring February 28, 2016, with a provision for two one -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $30,000 annually. DISCUSSION The City outsources annual traffic counting services to conduct counts for neighborhood studies, the bi- annual citywide traffic volume study, and the annual traffic signal and left -turn signal priority studies. The scope of services for this agreement also includes data collection and speed surveys in support of the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was posted on the City website on Wednesday, November 19, 2014. Five consultants submitted proposals. The proposals were reviewed by a four- member committee comprised of Public Works Agency staff. The ratings were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Once rated, the sealed bids of the top three firms were opened. The RFP required each firm to submit their proposed fees for a given work scenario so that a comparison could be made. The scenario costs were for comparison purposes only and not related to the actual work to be done. The proposal scores and scenario costs are: Rank Firm Average Score Total Scenario Cost 1 Transportation Studies, Inc. 91 $19,815 2 Quality Counts 87 $55,800 3 Quality Traffic Data, LLC 85 $19,850 25H -1 Agreement for Traffic Counting Services January 20, 2015 Page 2 Based on rating and cost, it is recommended that Transportation Studies, Inc., be retained for an amount not to exceed $30,000 annually for traffic data collection services. The consultant will be paid only for the services performed as requested by staff and in accordance with the rates submitted in its proposal. The contract will include an option to extend the agreement for two additional one -year terms for a total maximum of three years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). FISCAL IMPACT The total amount of the agreement is not to exceed $30,000 per year. $30,000 in Measure M2 Fairshare funds has been budgeted in the FY 14/15 Capital Improvement Program (Project No. 15- 6837). Fre Mousavipour Executive Director Public Works Agency FM/WG /ZK Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H -2 AGREEMENT FOR PROVISION OF TRAFFIC COUNTING SERVICES T141S AGREEMENT made and entered into this 20th day of January 20, 2015 by and between Transportation Studies, Inc„ a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counting and data collection services. B, Consultant represents that it is able and willing to provide such services to the City. C. A Request for Proposals for annual traffic counting services was posted on the City website on November 19, 2014. The City received five proposals. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall perform traffic counting services on an on -call basis, including traffic counts for neighborhood surveys, bi- annual city -wide Average Daily Traffic study, city -wide Turning Movement study, and counts for signal priority list studies, in addition to pedestrian counts, speed surveys, and vehicle classifications. Said services will be provided as set forth in the Traffic Counting Services Scope of Services, attached hereto as Exhibit A and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Fxhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $30,000.00 per year, 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, 25H -3 3. TERM This Agreement shall commence on the date first written above and terminate on February 28, 2016, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for up to two additional one -year terms upon the same terms and conditions set forth herein. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death.resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) mane the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. 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 toss than $1,000,000 per accident. d, The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25H -4 (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. 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 indenufy the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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 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 effects arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 71 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; (e) 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, 25H -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. 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 telefacsimilc 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 Canter Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax No. 714- 647 -6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714 -647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.Q. Box 1988 Santa Ana, California 92702 Fax No. 714- 647 -6515 To Consultant: Transportation Studies, Inc. Patti A. Totten 2640 Walnut Avenue, Suite H Tuatin, California 92780 Fax No. 714 -508 -3602 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25H -6 10. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results fi•om the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 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 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 waxy purchase order or other instrument that are inconsistent with, or in addition to, the teams and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In 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. 25H -7 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 term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 17. 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 filly, 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 withdr-awn. b. All Exhibits .referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25H -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. FTWZAR Clerk of the Council Ryan AS TO FORM: FOR APPROVAL: CITY OF SANTA ANA DAVID CAVAZOS City Manager TRANSPORTATION STUDIES, INC. PATTY TOLTEN FRED MOIJSAVIPOUR President Executive Director - PWA 25H -9 EXHEBIT A CITY OF SANTA ANA TRAFFIC COUNTING SERVICES SCOPE OF SERVICES I. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and /or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, up to two firms will be selected. The City will enter into an agreement with each firm. As traffic counting needs are identified, they will be distributed among the selected firm based upon each firm's ability to meet the needs of the particular study. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION 1. City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 3. City shall retain an option to renew on the same terms and conditions as set forth herein for 2 additional one -year terms, for a total maximum total of 3 years. B. SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as needed basis. This may include, but not be limited to 24 -hour ADT counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two- directional 15- minute count sheet with hourly totals, similar in format to the sample set forth in Attachment 1. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. 25H -10 • For each entering traffic volume count, a 15- minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment I). • For each manual turning movement count, a 15- minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 1). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each Intersection pedestrian count, a 15- minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2 -month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps, sample in Attchment I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in- house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e, Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. • Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. 25H -11 EXHIBIT B a/ of S1 iYansportafion Studies, hie. A Traffic Data Collection Company CITY OF XANTA ANA Fee Schedule 24 Hour Machine Counts (Bi- Directional oi, directional) 1 to 300 Locations $ 30.00 per location 2411ow•Machine Counts (flpproach) 4 Leg Intersection $ 110,00 per location 3 Leg Intersection $ 82.50 per location .Manual Turning Movement Counts 1 person per location $ 33.00 per hour 2 people per location $ 66.00 per hour 24,Tour Speed and Axle Classification Counts 2 Lanes $ 80.00 per location 3 -4 Lanes $ 160.00 per location 1 -100 Locations 100 -over Count & Video Video Only Radar Surveys Mica 10 25H -12 $ 35.00 per location $ 30.00 per location $ 45.00 per Hour $ , 10.00 per Hour ATTACHMENT D: PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services (Attachment 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 for services described In Attachment 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 will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing, The purpose of this form Is to provide the City with a basis of comparison of the Consultant's fees. This form will be used for fee comparison purposes only. The table below is a possible annual cost scenario for traffic counting services, Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario, Type of Count Unit Cost No. of No. per Annual Total Cost Locations Year 24 -Hour Single _ -Tube Count $ j/(j x1 Assume: .One intersection, 4 approaches • 50 separately requested counts per year 24- IiourDual- Tube Count $ x25 X5 Assume: • 25 locations, simultaneously, In one neighborhood 5 times per year Manual Turning Movement Counts $ 32 _ X15 x5 =$ a Assume: +4 -hour manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously, in one neighborhood or in various locations throughout the City • One person munting at each location M 6 times per year 25H -13 Pedestrian Counts Assume: * 4 -hour count (2 hours am & 2 hours pm) at one location * Ono person counting * 5 separately requested counts per year Ph -7 /y 50$ 36 1?- -7 ) Lt SQ 8 3 6 0 2- BUSINESS ADDRESS 0U n1 12 P S 1 / 2.. /0 -) S3 - D-773 1-7 IT DERAL ID NUMBER (IF APPLICAI (IF THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE FEE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 25H -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE JANUARY 20, 2015 TITLE; AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR A LIMITED -TERM PARTIAL BASIN EQUITY ASSESSMENT (BEA) EXEMPTION {"ATEGIC-P AN NO. 6 A C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 29K R 0 As Recommended ❑ As Amended Ordinance on 1" Reading L Ordinance on 2ntl Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For. CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Water District, subject to nonsubstantive changes approved by the City Manager and City Attorney, for a limited -term partial basin equity assessment exemption on water produced by Well 32 above the Basin Pumping Percentage. Well 32, located in Morrison Park, is a City asset currently valued at $3.5 million. However, this groundwater well was taken offline seven years ago due to water nitrate levels that exceeded the California Department of Public Health established maximum level of 45 mg /L. Approval of this recommended action will allow the City to complete the necessary capital improvements and bring the well back into service. The Public Works Agency operates a system of groundwater wells that produce high - quality, potable water from the Orange County groundwater basin. The primary responsibility of the Orange County Water District (OCWD) is to manage conjunctive use of this vast groundwater basin under northern and central Orange County, which supplies water to more than 20 cities and water agencies and serves more than 2.3 million Orange County residents. In accordance with OCWD pumping limits, roughly 70 percent of the water supplied to Santa Ana residents and businesses comes from this groundwater pumping. All agencies that produce water from the groundwater basin pay a Replenishment Assessment (RA) fee to OCWD based on the quantity of water produced. If an agency pumps beyond the limits established by OCWD, a Basin Equity Assessment (BEA) fee is added. The BEA is much higher than the RA and is meant to penalize an agency for over- pumping. Although water produced from groundwater pumping is more cost effective than imported sources, OCWD imposes pumping limits in order to manage the limited supply of potable groundwater. 251 -1 Agreement with OCWD for Partial Basin Equity Assessment Exemption January 20, 2015 Page 2 In March 2013 the City retained Tetra Tec, Inc., to study options for nitrate treatment and provide a cost analysis for restoring the service of Well 32. After the evaluation was completed, a water blending alternative was recommended. The blending alternative was the most cost effective and is one of the technologies currently accepted by the California Department of Public Health. The estimated capital cost for these improvements is $4.6 million, which includes well rehabilitation, well house reconstruction, new electrical and mechanical appurtenances, and construction of a water transmission line to the nearby Garthe Pump Station. On May 8, 2013, the City requested that the Orange County Water District (OCWD) consider and support the implementation of the high nitrate mitigation and remediation of Well 32 through a partial exemption from payment of the BEA. Under the proposed agreement, OCWD would remove pumping limits on this more cost - effective water source (i.e. pump more than 70 percent) and partially exempt the City from BEA fees. It is anticipated that the City will fully recover the estimated $4.6 million capital cost within a four -year period. The benefits of bringing Well 32 back into service also include providing an additional groundwater source to the City's water system, allowing the City to distribute groundwater pumping throughout the water system, and reducing wear and tear on other City groundwater wells. On July 24, 2013, the OCWD Board directed their staff to prepare an agreement with the City for a Basin Equity Exemption for Well 32 for future Board action. The OCWD Board will be considering this agreement in its regularly scheduled meeting on January 21, 2015. Staff is recommending execution of this agreement in order to realize the significant investment already made in Well 32, restore it to service, and continue to utilize and benefit from the asset. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure; Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action 251 -2 Agreement with OCWD for Partial Basin Equity Assessment Exemption January 20, 2015 Page 3 FISCAL IMPACT Although Water Enterprise Capital Improvement funds have not been allocated for this project in the FY 14/15 Capital Improvement Program, funds to proceed with the design and preparation of plans, estimated at $620,000, are available in the Water Enterprise Capital Construction Fund (Account 06617647- 66301). Funding for the construction of these improvements will be allocated in future Capital Improvement Program budgets. Fr d Mousavipour Executive Director Public Works Agency FM /NS /RR Exhibits: 1. Agreement with OCWD 2. Preliminary Engineering Study APPROVED AS TO FUNDS AND ACCOUNTS: �\&\- & S �` Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -3 251 -4 LIMITED TERM PARTIAL BASIN EQUITY ASSESSMENT EXEMPTION AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND CITY OF SANTA ANA (Santa Ana Well No. 32) This LIMITED TERM PARTIAL BASIN EQUITY ASSESSMENT EXEMPTION AGREEMENT (the "Agreement ") is entered as of January _, 2015 by and between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended ( "OCWD "), and the CITY OF SANTA ANA, a municipal corporation organized and existing under the laws of the State of California ( "City "). RECITALS A. Approximately two - thirds of all drinking water currently used within northern and central Orange County is provided from groundwater by OCWD. Inasmuch as Orange County is located in a semi -arid area, it is essential that all reasonable efforts be put forth to protect the quality of groundwater supplies and to provide for maximum utilization of that resource. B. The United States Environmental Protection Agency ( "USEPA ") and the State of California Department of Public Health ( "CDPH ") have adopted primary drinking water standards, which include limits for nitrate. Water containing nitrate concentrations in excess of 45 mgL (expressed as NO3) have been determined by USEPA and CDPH not to be suitable for municipal or domestic purposes without treatment. C. The City operates a public water system for the purpose of delivering potable water to its customers, and obtains most of its water by pumping groundwater from wells for delivery to its customers. The City, as well as other groundwater producers within the boundaries of OCWD, has lost the use of some of its groundwater wells due to the presence of nitrate in quantities exceeding USEPA and CDPH drinking water standards. Santa Ana Well No. 32 ( "Well 32 "), located at Morrison Park near the intersection of Memory Lane and Westwood Avenue in Santa Ana, has the capacity to produce up to 4,000 acre feet per year of groundwater; however, the City has discontinued production of groundwater from Well 32 in 2005 due to its low operational efficiencies and high nitrate concentrations. D. The City recently retained an engineering consulting firm to evaluate and recommend alternatives to reduce high nitrate levels in the water produced by Well 32. After evaluating alternatives, the City has decided to pursue a water blending alternative as the most economical option. The City proposes to blend high nitrate water produced by Well 32 with low nitrate water produced by City of Santa Ana Wells 36 and 39 ( "Wells 36 and 39 ")in the reservoirs located at the John Garthe Pump Station Complex. The blending alternative mitigates the high nitrate levels and allows the City to utilize the groundwater pumping capacity of Well 32 and place the well back in to service (the "Project "). The City's preliminary cost estimate for the Project is $4,600,000 which includes $920,000 in contingencies (the "Project Cost"). The City and OCWD will revisit the Project Costs once the construction bids are received to ensure the program financials are consistent with this Agreement. OCWD has determined that the City's Exhibit 1 130022499 -0003 2.1 a03/29 84874 /l2 251-5 848745.1 conduct of the Project will remove contaminants from the groundwater basin and increase available groundwater supplies within OCWD's boundaries. E. The Legislature of the State of California has vested in OCWD the statutory responsibility to manage, regulate, replenish and to protect the quality of the groundwater supplies within the boundaries of OCWD. F. In April of each year, the Board of Directors of OCWD acts in accordance with Section 31.5 of the Orange County Water District Act ( "OCWD Act ") to find, determine and establish the basin production percentage (the "BPP "), and sets basin equity assessments (each, a "BEA ") for each producer within OCWD for the period from July lst through June 30th of the next succeeding year. G. Section 2.6.(1.) of the OCWD Act authorizes OCWD to enter into an agreement with the owner operating a groundwater production facility within OCWD's boundaries to increase the production of groundwater in lieu of water from an alternative non - tributary source for the purpose of removing contaminants or pollutants from the groundwater basin, and paying from OCWD funds that portion of the cost of groundwater production that will encourage the production for beneficial use of the polluted or contaminated groundwater that is impairing the quality of the water supplies within OCWD. H. OCWD and the City mutually desire to enter into this Agreement pursuant to Section 2.6.(1.) of the OCWD Act to set forth the specific terms and conditions under which the City will conduct the Project and remove nitrate - impaired groundwater from the Orange County groundwater basin by producing groundwater from Well 32 and blending that groundwater with non - impaired groundwater produced from the Wells 36 and 39 for ultimate distribution to City customers for potable beneficial uses, with the City recovering the Project Cost by means of a partial exemption of that water from the payment of the BEA. OCWD and they City understand and agree that this Agreement does not and cannot become effective unless and until the City files a petition for a partial exemption from the BEA of the water produced from Well 32, and the Board of Directors of OCWD approves such a partial BEA exemption, in accordance with Section 38.1 of the OCWD Act. EXECUTORY AGREEMENTS NOW, THEREFORE, in consideration of the facts recited above and the covenants, conditions and promises contained herein, and subject to this Agreement taking effect in accordance with Section 5 below, OCWD and the City hereby agree as follows: SECTION 1. LIMITED TERM NITRATE REMOVAL PROJECT 1.1. Once the Project has been constructed, the Project Costs have been reviewed to ensure they are consistent with this agreement, and the City has filed with OCWD a petition pursuant to Section 38.1 of the OCWD Act (as outlined in Section 5), this Agreement will be implemented in the first fiscal year after the Project is complete, beginning July 1" of that year, and last for up to six fiscal years through June 30th of the last year (the "Project Term "). During the Project Term, the City may produce groundwater in an amount equal to the BPP for that given year, plus additional groundwater production from Well 32, provided that all of the City of Santa Ana Agreement XX..I a08/02/13 -2- xxxxx.' 251 -6 groundwater production above the BPP during the Project Term shall be produced solely from Well 32 in order to receive partial exemption set forth in Paragraph 2.5 below. 1.2. In order to obtain the partial exemption set forth in Paragraph 2.5 below, the City shall blend all groundwater produced from Well 32 with groundwater produced from Well 36 and 39 in such proportions that the blended groundwater does not exceed the primary drinking water standard for nitrate established by USEPA and CDPH, and the City shall deliver the blended groundwater to its customers or to City facilities for potable beneficial uses. 1.3. The City shall be responsible for all costs incurred in the operation and maintenance of Well 32, Well 36, Well 39, and all ancillary facilities used for the blending of groundwater produced from such wells and the distribution of that blended groundwater to City customers or facilities for potable beneficial use, including but not limited to labor, materials and power. 1.4. The City shall take out and maintain in effect at all times during the term of this Agreement comprehensive general liability insurance in an amount not less than $2 million per occurrence, for bodily injury, death and property damage, naming OCWD as an additional insured under such policy. An endorsement evidencing this insurance coverage shall be furnished to OCWD prior to the City filing with OCWD a petition pursuant to Section 38.1 of the OCWD Act (as outlined in Section 5). If the City is, or becomes, partially or fully self - insured for its public liabilities, a letter executed by the City's Mayor or City Manager stating the City's self - insured status and acknowledging its responsibility to respond to the indemnification of OCWD as provided in Paragraph 5.5 below, may be furnished in lieu of the insurance endorsement. The City shall provide written notice to OCWD of any change in the City's insured or self - insured status during the Project Term within 30 days of the effective date of such change. SECTION 2. PROJECT TERM BASIN EQUITY ASSESSMENT AND REPLENISHMENT ASSESSMENT PAYMENTS 2.1. The City shall file water production statements and a basin equity assessment statement in strict compliance with Sections 29(a) and 31.50) of the OCWD Act, respectively, for all groundwater produced by the City during the Project Term, including all groundwater produced from Well 32, Well 36, and Well 39. 2.2. On or before the 15th day of each month, during the Project Term, the City shall file with OCWD a monthly report reflecting the quantity of groundwater produced by Well 32 through the end of the preceding calendar month, and the total quantity of groundwater produced by Well 36 and Well 39 to date (through the end of the preceding calendar month) during the Project Term (a "Monthly Project Production Report"). 2.3. Concurrently with the filing of the City's basin equity assessment report pursuant to Section 31.50) of the OCWD Act, the City shall file with OCWD a statement, verified by a written declaration under penalty of perjury, setting forth the total amount of groundwater produced from Well 32 during the Project Term (the "Project Production Statement "). City of Santa Ana Agreement ...t aoaio2n3 -3- xxxxx. 251 -7 2.4. The City shall pay the replenishment assessment and additional replenishment assessment levied and imposed pursuant to Sections 27 and 27.1 of the OCWD Act on all groundwater produced by the City during the Project Term, including all groundwater produced from Well 32, Well 36 and Well 39, in accordance with Section 29(a) of the OCWD Act. 2.5. To the extent that the City's production of groundwater during the Project Term does not exceed an amount equal to the BPP plus additional groundwater produced from Well 32, and all of the groundwater produced during the Project Term in excess of the BPP was produced from Well 32, the City shall be exempt during the Project Term from paying the basin equity assessment or any surcharge on such groundwater production above the BPP from Well 32 during the Project Term to allow the City to recoup the Project Cost, as described in the Attached Exhibit A attached hereto and by this reference incorporated herein. Notwithstanding the foregoing, the City shall pay the applicable basin equity assessment and any surcharge for the following: 2.5.1. The City shall pay the applicable basin equity assessment and surcharge on all groundwater produced by the City during the Project Term that exceeds an amount equal to the BPP plus additional groundwater produced from Well 32; and 2.5.2. The City shall pay the applicable basin equity assessment and surcharge on all groundwater produced by the City during the Project Term in excess of the BPP, if such groundwater in excess of the BPP is produced from any water production facility other than Well 32. SECTION 3. CITY GROUNDWATER PRODUCTION DURING THE PROJECT REMAINDER TERM 3.1. Following completion of the Project Term, and for ten consecutive years thereafter, (such ten -year period is hereinafter referred to as the "Project Remainder Term "), the City shall make its best efforts to continue to operate Well 32 throughout the Project Remainder Term. 3.2. Beginning the first fiscal year of the Project Remainder Term, and each fiscal year thereafter during the Project Remainder Term, the City shall pay the then - applicable replenishment assessment, additional replenishment assessment and, if applicable, the basin equity assessment and surcharge, on all groundwater produced by the City during that fiscal year, including all groundwater produced form Well 32, in strict compliance with Sections 29 and 31.5 of the OCWD Act. 3.3. Notwithstanding Paragraphs 3.1 and 3.2 above, in the event that the City was unable to produce sufficient groundwater from Well 32 during the Project Term to allow the City to achieve a total groundwater production equal to the BPP plus the additional groundwater produced from Well 32 so as to recover the Project Cost, the City and OCWD shall meet and confer to implement the program described in Exhibit A to allow the City to increase production from Well 32 for additional time to allow the City to achieve the total amount of Well 32 groundwater production that had been intended for the Project Term and thereby recover the City of Santa Ana Agreement xxxx A a06/02/13 -4- xxxxxA 251 -8 entirety of the Project Cost (the "Make -Up Production "). In the event that the City undertakes Make -Up Production: 3.3.1. The City shall receive a partial basin equity assessment exemption on the Make -Up Production in accordance with Exhibit A. 3.3.2. The City shall file Monthly Project Production Reports (as described in Paragraph 2.2) for the Make -Up Production during each calendar month during the Make -Up Production time. 3.3.3. In addition to all groundwater production reports and statements required under the OCWD Act, the City shall file a Project Production Statement (as described in Paragraph 2.3) for the Make -Up Production concurrently with the filing of the City's basin equity assessment report pursuant to Section 31.50) of the OCWD Act. SECTION 4. MISCELLANEOUS 4.1. Term. This Agreement shall become effective upon the Board of Directors of OCWD approving a partial exemption of the BEA for the water produced from Well 32, and shall continue for a term of twenty years, until June 30, 2033. 4.2. Notices. Any notice, instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as follows: If to OCWD: Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Attn: General Manager If to Citv: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: City Manager or such other address as either party may direct in writing to the other. Service of any instrument or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above. 4.3. Compliance with Laws. The City shall keep itself informed of all existing and future state and federal laws and all county, municipal ordinances and regulations, which in any manner effect its performance of this Agreement. The City shall at all times observe and comply with all such laws, ordinances and regulations. 4.4. Records and Review. The City shall keep and maintain all records, accounts and reports relating to this Agreement and its performance hereunder for a period of three years following the expiration of this Agreement. OCWD shall have access to such records at any City of 8atrta Ana Agreement xx ..1.08/02/13 -5- xxxxx.l 251-9 time during normal business hours upon 48 hours notice to the City. At its cost, OCWD shall have the right to audit the books, records and accounts of the City relating to its performance of this Agreement no more than once annually, and the City shall provide reasonable cooperation to OCWD in this regard. 4.5. Indemnification. The City shall defend, indemnify and hold OCWD, its officers, directors, employees and representatives, harmless from and against any and all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities (collectively, "Costs ") that may be asserted or claimed by any person or entity arising out of the performance or implementation of this Agreement by City or its officers, directors, employees or representatives, or the distribution or use of any water produced from Well 32 or Well No. 36 or Well No. 39. The City shall also defend, indemnify and hold OCWD, its officers, directors, employees and representatives harmless from and against any and all Costs that may be asserted or claimed by any person in any administrative or judicial challenge to the legality or validity of this Agreement or any exemption under Section 38.1 from payment of the BEA on any portion of the water produced from Well 32, or to any act or determination (including any finding under Section 38.1 of the OCWD Act or the California Environmental Quality Act) leading up to or in connection with such a BEA exemption or this Agreement. 4.6. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, OCWD, the City, and their respective successors and assigns. 4.7. No Implied Waivers. In the event that any term, condition or provision of this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the specific breach so waived, and shall not be deemed either to be a continual waiver or to waive any other breach under this Agreement. 4.8. No Representation or Warranty. OCWD and the City each acknowledges that neither party, nor any of its respective officers, employees, agents or representatives, has made any written or oral representation, promise or warranty, express or implied, regarding any matter that is the subject of this Agreement, other than as expressly set forth herein. 4.9. No Obligation to Third Parties. The approval, execution and performance of this Agreement shall not be deemed to confer any rights upon any person or entity other than OCWD and the City. There are no third party beneficiaries to this Agreement. 4.10. Nature of Relationship. This Agreement shall not create, and shall not be construed or deemed to create, any agency, partnership, joint venture, landlord- tenant or other relationship between OCWD and the City. 4.11. Integration, Construction and Amendment. This Agreement represents the entire understanding of OCWD and the City as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement shall be construed as if drafted by both OCWD and the City. This City of Sam Ave Agreement xxxx A a08/UM "6" xxxxx.i 251 -10 Agreement may not be modified, altered or amended except in writing signed by authorized representatives of both OCWD and the City. SECTION 5. AGREEMENT NOT EFFECTIVE UNTIL PARTIAL BEA EXEMPTION GRANTED ON WELL 32 WATER PRODUCTION 5.1. This Agreement shall not take effect unless and until all of the following actions occur in accordance with Section 38.1 of the OCWD Act: 5.1.1. City shall have filed with OCWD a petition pursuant to Section 38.1 of the OCWD Act, for a partial exemption of the basin equity assessment levied under Section 31.5 of the OCWD Act, for all groundwater above the BPP produced from Well 32 and blended with water from Wells 36 and 29 during the period from July 1, 2014 through June 30, 2019 (the "Project BEA Exemption "); and 5.1.2. The OCWD Board of Directors shall have received an investigation report on the petitioned Project BEA Exemption from OCWD's district geologist; and 5.1.3. The OCWD Board shall have conducted a public hearing on the petition for the Project BEA Exemption, made findings and determinations in accordance with Section 38.1(d)(2) of the OCWD Act, and granted the City's petition for the Project BEA Exemption. 5.2. City understands and acknowledges that the OCWD Board of Directors retains full discretion within the parameters set forth in the OCWD Act to approve or not to approve the Project BEA Exemption. Nothing in this Agreement shall in any way commit the OCWD Board of- Directors to approve the Project BEA Exemption, to take any other action with respect to the City's petition for the Project BEA Exemption, or to in any way limit or restrict the discretion of the Board of Directors of OCWD with respect to an exemption from the payment of the BEA on water produced from Well 32. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. APPROVED AS TO FORM: RUTAN & TUCKER, LLP C Joel D. Kuperberg General Counsel, OCWD City of Santa Ana Agreement xx ..1 a08/02/13 xxxxxl ORANGE COUNTY WATER DISTRICT By: Shawn Dewane, President Michael R. Markus, General Manager _7_ 251 -11 APPROVED AS TO FORM: By:,, -. € Jose'Sandoval Chief Assistant City Attorney t. CITY OF SANTA ANA By: Mayor Attest: 6 Clerk of the Council RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency City of Smtln Ann Agreement xxxxxx.I 08 /02113 xxxxx.1 251 -12 Exhibit A 1. Applicable Facts • Santa Ana's preliminary cost estimate to modify Well #32 = $4,600,000. • Total Project cost and water savings to be provided to Santa Ana = $716,000 • The savings will be achieved by receiving between $269/af and $383/af of BEA reduction of approx. 4,000 of of Well #32 pumping above the Basin Production Percentage (BPP) for each year. • Santa Ana's Basin Equity Assessment (BEA) in FY13 -14 = $586/af and was established by Resolution of the OCWD Board following a public hearing held on April 17, 2013. 2. Project Limits • All additional groundwater production from Well #32 above the BPP will receive a BEA reduction. This production is expected to occur in FY15 -16 and last for approximately 4 years. • After the $4,600,000 of savings is achieved, the BEA reduction provided by OCWD will be terminated. City of SaM Ana Agmement xxxxxx.I a08102/13 -9- XXXXX,1 251-13 N C O U f6 C) c O Q E N X W w m N M >a) c6 C Q t� vJ a) Q. m U) E m m 0 ° o0 00 N � V 251 -14 m J J 3 N c 0 m U Q L u a N N m met n w-zr v 76 vma �D v� m a w w M N w m 01 O � � a O N N a a @ 01 LO co s > O N O O f0 C O tp n � O n n 01 O O Q c 0� M *' c +• 'o c o v.•Q p oa Q � o� 0. 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E a E . cL c o o o .2 u ° r m m vi n ;� E Ln vYi y o � E a o c Q E x w $ W c m 3 N s w Co v> O. « a w 0 N N �+ E; a V1 U m U O o N U N f0 E U v U Q 3 v H R N E 2 E N O p O Q 0 r r E a E O m C Q V w Q w 10- 251 -14 m J J 3 N c 0 m U Q Well No. 32 Nitrate Mitigation and Rehabilitation Study for the: City of Santa Ana FEBRUARY 2013 Prepared by: 17885 Von Karman, Suite 500 Irvine, CA 92614 (949) 809 -5000 Exhibit 2 251 -15 CITY OF SANTA ANA Well No, 32 Nitrate Mitigation and Rehabilitation Study TABLE OF CONTENTS I %willirlIlCN9LY001�"I\ta•1 Page 1.0 Introduction ................................................................................................ ............................... 1 1.1 Scope of Work ............................................................................... ............................... 1 2.0 Well Information ........................................................................................ ............................... 3 2.1 Well Description ............................................................................ ............................... 3 2.2 Water Quality Data ........................................................................ ............................... 3 2.3 Water Quality Objectives .............................................................. ............................... 4 3.0 Project Alternatives .................................................................................... ............................... 5 3.1 No Action ...................................................................................... ............................... 5 3.2 Blending in the Distribution System .............................................. ............................... 5 3.3 Treatment Options ......................................................................... ............................... 12 3.4 Preliminary Cost Estimates ............................................................ ............................... 14 4.0 Well Modifications ....................................................................................... .............................15 4.1 Well Head and Piping Modifications ............................................ ............................... 15 4.2 Building Modif ications .................................................................. ............................... 15 4.3 Motor Control Center Replacement ............................................... ............................... 16 5.0 Project Recommendation ............................................................................ ............................... 16 LIST OF APPENDICES APPENDIX A — Water Quality Data APPENDIX B — Equipment Data Sheets APPENDIX C — Estimates of Probable Construction Costs P,\P00599\0086T , inee6ny\05\ Well- 32 -Nlt rate- Miti6etian\DmR Repori\0'!texedou -I- TETRA TECH 251 -16 CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study LIST OF ABBREVIATIONS AF acre -foot AFY acre -foot per year bgs below ground surface CDPH California Department of Public Health cu ft cubic feet EA each EC electrical conductivity ft feet ft2 square feet gal gallons gpd gallons per day gpm gallons per minute hp horsepower hrs hours kw kilowatt lbs pounds LS lump sum mg/L milligrams per liter MCC Motor Control Center MCL Maximum Contaminant Level NA not available ND not detected NTU Nephelometric Turbidity Units PLC Programmable Logic Controller PRS Pressure Reducing Station psi pounds per square inch sq ft square feet TDH Total Dynamic Head TDS Total Dissolved Solids µg /l micrograms per liter µmhos /cm micro mhos per centimeter VFD Variable Frequency Drive YR year e: Toa s97moaaTi,,inea,,tos_ Wei -3zNiva1 Miegado„Dmft RVont0225I_11 TETRA TECH CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study LIST OF TABLES Table 2 -1 Well No. 32 Water Quality Data Table 3 -1 Well Nitrate Levels Table 3 -2 Gartbe Reservoir - Worst Case Scenario Pumping Combinations LIST OF FIGURES Figure I Alignment Alternatives Figure 2 Preliminary Layout of Well No. 32 Nitrate Treatment Facilities P1P005970086AF11ueed,,1W5\ - iii - TETRA TECH 251 -18 CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study INTRODUCTION The City of Santa Ana pumps water from the groundwater basin from Well Nos, 16, 18, 20, 21, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41. Import water is also obtained from several Metropolitan Water District (MWD) connections. Some of the City's wells produce groundwater with elevated nitrate levels, including Well No. 32. The City has developed a Nitrate Blending Plan and mixes the high nitrate ground water with the low nitrate groundwater at the reservoir. Per the Nitrate Blending Plan the City reports the results of weekly and quarterly monitoring to the Department of Public Health comparing the nitrate level from each of the wells as well as the nitrate level leaving the City's Walnut and Garthe reservoirs. Well No. 32 has been inactive for the past five to six years due to low operating efficiencies and high nitrate levels. The purpose of the project is to review the nitrate levels that are present at Well No. 32 and evaluate alternatives for either treatment or blending of the water into the City's distribution system. The space requirements and site constraints are also considerations. An estimate of probable construction and operation costs will be prepared for the project alternatives in order to determine the best value project for the City. The recommended project will also include the goals of minimizing chemical usage and/or waste discharge and selecting processes that are easy to operate and maintain for the City staff. The following alternatives are considered in the study: 1) no action, 2) blending in the distribution system at the following locations: Garthe Reservoir, Memory Lane Pressure Reducing Facility (blending Well No. 32 water into the well water from the City's easterly sources), or 3) utilizing treatment technologies to reduce the nitrate levels located either on -site at Morrison Park or at Garthe Reservoir. In addition to the nitrate mitigation, the study also includes the following: cost estimate for rehabilitation of the well, conceptual plan and cost for removing the existing vault and constructing a building over the well to improve access and replacing the existing MCC cabinet (that has been previously flooded). 1.1 Scope of Work The project scope of work includes the following key tasks 1. Review of the City's Nitrate Blending Plan, available water quality data from the City for Well No. 32, Memory Lane Pressure Reducing Facility and Garthe Reservoir as well as the reports submitted to the Department of Public Health. 2. Review of the construction as- builts for Well No. 32, the Memory Lane Pressure Reducing Facility and Garthe Reservoir, as well as, the latest street improvement, water and/or sewer plans for Bristol Street, Westwood Avenue and Memory Lane (to determine if there is an available utility corridor for a new pipeline). 3. Review of the Well Report of the completion of the well and history of the groundwater soundings taken by the City for Well No. 32. P.T0059T0086V gin etingA05\ Well -32- Nitrate- Mi[igatlonU raft ReportV02teztdo251 —1 � TETRA TECH CITY OF SANTA ANA Well No, 32 Mtrate Mitigation and Rehabilitatlon Study A. Nitrate Mitigation Evaluation: We are assuming the following alternatives will be evaluated: No action Blending in the distribution system at the following locations: — Garthe Reservoir — Memory Lane Pressure Reducing Facility (blending Well No. 32 water into the well water from the City's easterly sources) Treatment technologies to reduce the nitrate levels located either on -site at Morrison Park or at Garthe Reservoir. 5. Budgetary costs for each of the alternatives shall be prepared. 6. Since the well has been out of service for the last five to six years, the City desires to include an estimated cost to rehabilitate the well. 7. Pump Design: Tetra Tech will perform an evaluation of the hydraulics and review the existing well pump design and provide a recommendation for the pump design and motor horsepower. Tetra Tech will prepare an engineer's estimate of probable constriction costs for the new well pump and motor. 8. Building Modification: Tetra Tech will review the existing underground vault design and then provide a recommendation for modifying the current structure and adding an aboveground building with a stairwell down to the well pump. We are assuming that the new building will be a concrete block building with a gabled roof, similar to other City facilities. 9. MCC Replacement: The existing MCC was previously flooded. The new MCC and PLC panels will be located within the proposed building. Tetra Tech will perform a site visit to review the existing panels and instrumentation at the site. RW0597\0086Tngiueering \05\ Welld2-Nitrate- Mitigation \DraRReport\021extdoce 2 - TETRA TECH 251 -20 CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study 2. WELL INFORMATION 2.1 Well Description Well No. 32 is located near the entrance to Morrison Park, approximately 45 feet east of Westwood and 200 feet south of Corrigan Street, as depicted in Figure 1. The well was drilled in 1984 to a depth of approximately 1,060 feet below ground surface (bgs). The total length of screened interval is 290 feet. The static water level is at 116 feet and the pumped level is at 228 feet below ground. The reported well yield is approximately 2,127 gpm as measured in 2001. The well is equipped with a vertical turbine pump rated for a capacity of 2,700 gpm with a 300 hp motor. The manufacturer and model number of the pump is Vertiline, V85- 70529. Well No. 32 operated for a period of time and has been out of service since 2004. Well No. 32 Location Map 2.2 Water Quality Data Based on a review of the City's historical water quality data (from 2002 through 2004) for Well No. 32, the nitrate levels varied from about 15 mg/L to 37 mg /L, with an average of 23 mg /L. On November 1, 2012, the City performed a 12 hour water quality sampling test to measure the nitrate levels in the well water as a function of pumping time. Samples were collected for the following time periods: 5, 10, 15, 30 minutes, and then 1, 2, 3, 6, 9 and 12 hour points. While it was expected for the nitrate levels to decrease over time, the test results indicated that the nitrate level remained relatively consistent at about 43 mg/L for the duration of the test. P:N00597\006 T,in¢¢ting\t15\ Welld2- Nllm[e- M1Ngn[lon\Dre9 Repotl \021axtdoq� I _ � TETRA TECH CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study The City also performed a Title 22 analysis on the water quality sample on November 1, 2012. The results of the water quality testing are presented in Appendix B. A summary of the primary constituents is presented in Table 2 -1. Table 2 -1. Well No. 32 Water Quality Data (l) PhysicaZParameters _ Specific Conductance unhos /em 1,130 Turbidity NTU _ H Units 7.8 _ _ Temperature _ de _Celsius 20.6 General Minerals _ Total Dissolved Solids m /L__678 <0.5 Total Or anic Carbon_ m /L 0.29 Total Hardness (as CaCO3 ___ mg /L 432 Total Alkalinity (as CaCO3 ) mg /L 240 Potassium tng_/L 3.5 Sodium m /L 52.3 Ma nesium mg/L 23.9 Calcium m L 134 Bicarbonate m /L 240 _ Sulfate m L 132 _ _ Nitrate as N m L _ 9.21 Chloride mg /L 115 eo Sample collected November 1, 2012 2.3 Water Quality Objectives Metals Aluminum 1.3 A senic __ <1 Barium /1 161 _ Be yllium µ <0.5 Cadmium Chromium Totals /1 <I -- Copper .,._ /l 2.5 Iron 1 _ 60.6 Lead 1 Q _ Manganese _49/i 2.1 _Mercury _ .} g 1 <0.1 Nickel 2.5 Perchlorate _fig 4 Selenium _ggA 1 1.9 Silver _ _Jtg/t _ <1 Thallium t <0.5 Vanadium L <1 Zinc L 5.9 The primary water quality goal of this project is to reduce the levels of nitrates in Well No. 32 to levels that are less than half of the MCL. The MCL for nitrate is 45 mg /L as NO3 and the goal would be to provide treatment to approximately 20 mg/L. The reduction in the nitrate level could be accomplished by treatment or various blending alternatives. PdP00599\0086Tr,,ircerine \05 \_ Well -32- Nitrate- MlligallonOmftReport \02text.doex -4- TETRA TECH 251 -22 CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study 3. PROJECT ALTERNATIVES The alternatives consist of a variety of several options that include the following: 1. No action 2. Blending in the distribution system at the following locations: • Garthe Reservoir • Memory Lane Pressure Reducing Facility (blending Well No. 32 water into the well water from the City's easterly sources) 3. Utilizing treatment technologies to reduce the nitrate levels located either on -site at Morrison Park or at Garthe Reservoir 3.1 No Action A no action scenario would result in the City operating Well No. 32 as it had in the past. The well would be started and pumped to waste until the nitrate level dropped to acceptable levels before allowing the groundwater to enter the distribution system. The pump to waste time varied based on the concentration of nitrate detected. The City has reported that the pumping time varied as much as 6 to 18 hours. The City would then be discharging anywhere between 900,000 to 2,700,000 gallons of groundwater to waste. Well No. 32 waste flows are piped from the well and discharged to Santiago Creek, located adjacent to Garthe Reservoir. The City must coordinate with Riverview Golf Course located downstream as the City discharges into Serrano Creek which merges downstream with the Santa Ana River. Riverview Golf Course lies within the Santa Ana River and course operations are impacted due to the well discharge. Therefore, the City's operation of Well No. 32 would remain constrained both by the nitrate level in the groundwater and the impacts to the golf course. 3.2 Blending in the Distribution System High - nitrate groundwater is largely managed by blending the groundwater with water from other sources that has lower nitrate concentrations. This approach is common for drinking water treatment in larger municipalities and obviously requires a second, low- nitrate water source. 3.2.1 Blending in Garthe Reservoir The City prepared a nitrate blending and monitoring plan in 2010 for both Garthe and Walnut Reservoirs. One of the potential alternatives is to blend water from Well No. 32 into Garthe Reservoir. The blending plan was reviewed to determine whether it would be feasible to blend Well No. 32 water into the reservoir. Garthe Reservoir site consists of three reservoirs with a total of 16 million gallon storage capacity, Wells 18, 24, 36, and 39 and six booster pumps. The City provides an ongoing nitrate blending treatment process in which high nitrate water from Well No. 18 and Well No. 24 are blended with low nitrate water from Well Nos. 36 and 39. The wells are staged in the SCADA system to utilize the low nitrate wells first (i.e., Well Nos. 36 and 39) followed by the high nitrate wells. The staging of the wells is based on the reservoir level. The control logic in the station's Remote Terminal Unit is programmed to prevent Well 18 and Well 24 from coming on alone (i.e., Well Nos. 36 or 39 have to be running first). Table 3 -1 P:V' 00597 \008ylrngineoing\OS\_We11J2- Nitrate - Mitigation \Dian Report \02text dot 51 .13 3 TETRA TECH CITY OF SANTA ANA Well No. 22 Nitrate Mitigation and Re h a b l i la ti 0-n Study presents the average nitrate levels and flow rates for the wells. Well No. 32 data was based on historical records and the desire of the City to pump at 2,500 gpm. Table 3 -1. Well Nitrate Levels Table 3 -2 presents the worst case scenario of pumping various combinations of wells into Garthe Reservoir and the anticipated nitrate levels. The predicted nitrate levels were calculated from the mass balance of well flow rates and nitrate levels in accordance with the City's 2010 nitrate blending plan. Flow from Well No. 32 was then added to each of the pumping scenarios to determine the impact on the reservoir nitrate level. As indicated below, the addition of Well No. 32 to each of the blending scenarios would increase the total combined nitrate levels in Garthe Reservoir anywhere from 1.6 mg/L to 4.8 mg/L. Although the combined nitrate levels in the reservoir would increase, they would still meet the City's goal of achieving less than half the MCL. The 2010 blending plan indicates that the actual 3 -year average nitrate level was about 11 mg/L, which was less than most of the operating scenarios in the blending plan. If Well No. 32 flows were to be included, it would probably increase the actual level anywhere from 2 to 5 mg/L. Table 3 -2. Garthe Reservoir - Worst Case Scenario Pumping Combinations In order to convey the flows to Garthe Reservoir, approximately 3,250 feet of new pipeline would need to be constructed as shown on Figure 1. From Well No. 32 the new pipeline would head southerly in Westwood Avenue then west in Memory Lane and then turn south on Bristol Street terminating at Garthe Reservoir. Summarized below are design issues that would need to be addressed in regards to this alignment selection: PAP00599 \0086\Hngm ,1ng \05\ We11-32- Nitrate- Mitlgatlon\Deaft Report\02textdoax - 6 - TETRA TECH 251 -24 CITY OF SANTA ANA Well No. 32 Nitrate M i t I g a ti on and Rehabilitation Study Bristol Street: • Six lanes (three lanes in each direction, with a raised median in some portions) with heavy traffic with a combination of commuter, local resident, and school traffic Phased construction across the signalized intersection at Bristol Street and Memory Lane • Santiago Creek crossing — there is a bridge there the pipe will either need to be bored and jacked under the creek or hung from the bridge • Bristol is congested with existing utilities: — Sewer — Water — Underground dry utilities (gas, electric, telephone, cable) — Storm Drain • Provisions for maintaining access to a church on west side of street need to be provided • No residences fronting street • Commercial area at the intersection of Bristol and Memory Lane Memory Lane: Four lanes (two lanes in each direction) Existing utilities consist of: — Existing sewer and water within the street — Overhead utilities • Residential area but no residences front street Westwood Avenue: • Two travel lanes, one in each direction • Overhead utilities • Provisions for maintaining access to a church and a public park need to be provided The size of the pipeline is dependent on how the Garthe reservoirs are used for blending. There are two options. The first is to send flows during start-up to Garthe Reservoir until the half the MCL goal is achieved and then divert the flow back into the distribution system. The second is to send all flows to Garthe Reservoir and then use the pump station at Garthe Reservoir to pump back into the system. The City has stated that the area of the distribution system Well No. 32 discharges into historically experiences low service pressures when the well is not operating. Operating the well into the system improves the service pressure delivered to the City's customers. The City would prefer to keep the well connected to the distribution system within Westwood Avenue. However, Well No. 18, located at the Garthe Reservoir site is in decline. Well No. 18 was drilled in 1956 and production has lessened over time with the City estimating that the well probably only has about 10 years of useful life remaining. Upon the loss of Well No. 18, the City could replace the ground water flows that went into Garthe Reservoir with the ground water pumped from Well No. 32. Summarized below are the design issues that will need to be considered for each alternative: Alternative 1— Utilize Garthe for Blending Only There is a hydraulic grade difference of 140 feet between the distribution system (272 feet) and the Garthe Reservoir high water level (132 feet). This impacts the operation of the well pump. 2. Well pump horsepower of 300 hp with a design flow rate of 2,500 gpm. PMOOS9T00WEngineering \OS_ _Well -32- Nitrate- MitigationOmfl Report \02text`25 1 _275 TETRA TECH CITY OF SANTA ANA Well No. 32 Nitrate Miliaation and Rehabilitation Study 3. Pressure surges will be created as the ground water discharge is diverted from Garthe Reservoir to the distribution system. In order to mitigate pressure surges the following will need to be considered: Surge pressure anticipator valve to discharge to the waste to discharge pipeline A surge tank if the pressure fluctuations are so severe a surge anticipator valve does not satisfactorily mitigate the fluctuations Type of valves used for transitions valve — A valve made to throttle such as a ball or plug type valve — Motor operated valve electric actuator with valve opening and closing speed control 4. The line to Garthe needs provisions to keep it full at all times. • Goose neck at the Garthe reservoir site A pressure reducing /sustaining valve located at the Garthe reservoir site (if back pressure is also required to keep the pump operating on its curve) 5. A variable frequency drive should be considered for control of the well, maintain a constant discharge pressure of 65 psi. This will allow the pump to discharge between 800 gpm and 2,700 gpm before locking on a speed curve. This may allow the City to operate the well for longer durations instead of shutting off at high discharge pressure due to low system demands as would happen with a constant speed pump. 6. Pipe sizing based on: Maintaining a velocity of approximately 5 feet per second, which is an industry standard and recommended for pumping practice. This results in a 16 -inch diameter pipe Utilizing the pipe itself to increase headless so that a pressure sustaining valve is not required but at the same time the pump stays on its pumping curve. A 12 -inch pipe would result in an increase of headless and keep the pump on the pump curve. The resulting velocity in the 12 -inch pipe is approximately 9 feet per second. This is velocity is high compared to the 5 feet per second that typically governs this type of application. However, it is considered reasonable as the use at this velocity is infrequent and temporary (only during well start-up) 7. A provision for routine flushing schedule of the fill line to the Garthe reservoir site will be required to mitigate the potential of the stagnant water losing its chlorine residual and causing a water quality issue. Alternative 2 — Fill Garthe Reservoir 1. Well pump horsepower of 150 hp with a design flow rate of 2,500 gpm. 2. The line to Garthe needs provisions to keep it full at all times. Recommend using a gooseneck similar to what is constructed at the Garthe site to keep the other well fill line full. 3. Results in the ground water being pumped twice; once to storage and then a second to the system. 4. Surge provisions will not be required as the ground water will be pumped directly to storage. 5. Pipe sizing based on maintaining a velocity of approximately 5 feet per second which is an industry standard and recommended for pumping practice. This results in a 16 -inch diameter pipe. 6. Specific pump control is not required (i.e. a variable frequency drive is not required). P.N00599\00W]Egmna,i,\05N_ We11- 32- Nit,mt Mitj,fl Omit R,.M021w done -8- TETRA TECH 251 -26 CITY OF SANTA ANA Well No. 32 Nitrate Mitl9ation and Rehabilitation Study 3.2.2 Blending in Memory Lane Pressure Reducing Facility A second alternative is to blend water at the Memory Lane Pressure Reducing Facility. The ground water pumped by Well No. 32 would be mixed with ground water with lower nitrate levels from the City's easterly wells. The pressure reducing station currently takes water from the City's higher easterly zone and breaks pressure to serve the lower zone west of the 5 Freeway. The City reports that the ground water from the higher zone has a nitrate level of approximately 10 mg/L. In order to maintain a pumping rate of 2,500 gpm from Well No. 32 a flow rate of 6,100 gpm is required in order to achieve half of the MCL. This results in a net flow rate of 8,600 gpm. The existing pipe size is 16- inches in diameter. This flow rate results in a velocity of 13.7 feet per second; higher than what is typically designed for in the industry. A velocity such as this results in increased pumping costs due to higher head loss in the system and can also begin to cause damage to traditional cement and mortar lining systems. In addition, it is also unknown if the City's system has the capacity to send 6,100 gpm from the higher zone to the lower zone. In lieu of pumping 2,500 gpm from Well No. 32, a lower pumping rate may be selected. Using a velocity of 5 feet per second within the existing 16 -inch pipeline, the required flow rate blending ratio between Well No. 32 and the Memory Lane Pressure Reducing Facility is 1,400 gpm and 3,600 gpm respectively to achieve a nitrate level of half of the MCL. This results in the production out of Well No. 32 being reduced by over 40% when blending is required. There is also a concern regarding mixing time at this location. The nearest customer to be served by this blended water is located approximately 100 feet from the pressure reducing facility. Without the benefit of a water model of the City's system, it is recommended that the blending of the waters be agitated through the use of a static mixer installed as part of the piping in order to blend the water. The efficacy of this will need to be further studied. In order to convey the flows to the Memory Lane Pressure Reducing Facility approximately 3,100 feet of new 16 -inch diameter pipeline would need to be constructed as shown on Figure 1. From Well No. 32 the new pipeline would head southerly in Westwood Avenue then east in Memory Lane to the end of Memory Lane alley terminating at the Pressure Reducing Facility. Summarized below are design issues that would need to be addressed in regards to this alignment selection: Memory Lane Alley: Approximately 30 -feet wide Residential area with garage access for many houses. All houses are fronting other streets • Trash collection performed in the alley Existing utilities — 16 -inch water — 30 -inch sewer — Overhead utilities Memory Lane: • Four lanes (two lanes in each direction, transitions to one lane east bound and two lanes west bound at Lowell. Traffic is mostly residential traffic. Raised median with mature trees east of Westwood • Existing utilities — sewer — water — overhead utilities FT0059A0086\9.& in n.,\05 \_We11-32-Nilw, Min,ationT.fl Re,odV)21ax15 1 _2� TETRA TECH CITY OF SANTA ANA Well No, 32 Nitrate Mitigation and Rehabilitation Study • Residential area but no residences front street • Decorative brick cross -walks at Westwood intersection • Concrete intersection at Flower Intersection Westwood: Two travel lanes, one in each direction • Overhead utilities Provisions for maintaining access to a church and a public park need to be provided Summarized below are the design issues that will need to be considered for utilizing the Memory Lane Pressure Reducing Facility as a blending site: 1. The pressure reducing facility will need to be reconstructed. The facility will need flow control capability in order to deliver the water required to blend the water. The flow at the Pressure Reducing Facility should be a set flow rate. 2. Well pump horsepower of 150 hp with a design flow rate of 1,400 gpm assuming 3,600 gpm of blending water is available from the higher zone. 3. Pressure surges will be created as the ground water discharge is diverted from waste to discharge to the distribution system. In order to mitigate pressure surges the following will need to be considered: Type of valve used for transitions valve: — A valve made to throttle such as a ball or plug type valve — Motor operated valve electric actuator with valve opening and closing speed control slow enough to minimize pressure spikes • A surge tank if the pressure fluctuations are so severe that throttling valves do not satisfactorily mitigate the fluctuations 4. The well pump will also need a flow meter and a variable frequency drive to control flow. The well pump will need to be able to vary should the pressure of the upper zone begin to decline and the pressure sustaining feature of the pressure reducing valves begin to engage to prevent lowering of the pressure in the upper zone. 5. Provide an in -line static mixer to agitate and mix the two water sources. 6. This option from a control standpoint is more complex as the following parameters have to be met: • Half the MCL for nitrate entering the system • Flow control of Well No. 32 and the PRS • Monitoring of nitrates after the static mixer, if half the MCL is not met, then the well will need to be shut down while the pressure reducing station remains live. The pressure reducing station will then have to operate as normal based on meeting demands rather than a flow control station The City will need to confirm that flow can be restricted at the flow control facility to ensure mixing and still meet system demands P:\P00599\0086\E nxering \05\ Well -32 -Nit rate- MitigationOmfl ReVoit \02teztdocx - lo- TETRA TECH 251 -28 Y s a c z: n o' 3AV c m �I z � - F 7:��9 T!p It 251 -29 a e 1 w a W CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study 3.3 Treatment Options Ion exchange (IX) is the most widely used treatment technology for reducing nitrate concentrations at well sites or other points of entry into potable water distribution systems. IX technologies are relatively simple to design, operate and monitor. IX is most suitable for waters with total dissolved solids (TDS) concentrations of less than 500 mg/L. Salts and organics in water will eventually foul IX resins, but many systems operate for 5 to 10 years without requiring resin replacement. The primary disadvantage of these systems is the production and costly disposal of concentrated brines, which can contain high concentrations of sodium chloride, nitrate, sulfate, and arsenate. Brines can be disposed of in sewers where adequate dilution is available, but long -term salinity control in some areas may limit this option. Two options are available for regenerating IX resins and include on -site and off -site regeneration. On -site regeneration requires an aboveground brine storage /brine maker tanks, water softener for brine make -up, brine/backwash discharge pump, air blower system for air block during media regeneration, and backwash conveyance system. Off -site regeneration involves contracting with a company that would slurry out a specific amount of ion exchange resin at a time and transport the resin to a facility to regenerate the resin. At the same time, an equal quantity of regenerated resin would be slurried back into the vessels ready for use. The City indicated that disposal of waste brine to the sewer is not a viable option. In addition, there is a lack of sufficient space at Morrison Park to accommodate the additional regeneration facilities. As a result, the off -site regeneration option was considered as part of the treatment system. Tetra Tech contacted several equipment suppliers to provide equipment sizing for the IX vessels. Based on an assumed nitrate influent concentration of 45 mg /L, a treated water level of 20 mg/L and a well flowrate of 2,500 gpm, approximately 70% (1,786 gpm) of the flow from Well No. 32 would need to be treated by IX. The remaining 714 gpm would be bypassed and blended with the treated water to meet the water quality goal. For off-site regeneration, 12 IX vessels (12 feet diameter each) would be required and would be operated as two trains of six vessels each. There would be approximately 3,600 cubic feet of nitrate resin installed, and 1,200 cubic feet of resin in float. The contract maintenance supplier would slurry out 1,200 cubic feet of resin at a time and transport the resin back to their facility to regenerate the resin. At the same time, 1,200 cubic feet of regenerated resin would be slurried back into the vessels ready for use. A preliminary footprint of the wellhead treatment facilities was prepared and is presented in Figure 2. As indicated, approximately 0.3 acres would be required for the treatment facilities that would include the IX vessels, electrical and control panels and other appurtenances. Based on this layout, there is insufficient room to locate any treatment facilities at Garthe Reservoir. If the treatment facilities are located at Morrison Park, that would require using a portion of the parking lot or the entire tennis court area. It should be noted that this analysis is based on the assumption that Well No. 32 will produce a constant raw water nitrate level of greater than 40 mg /L. However, based on historical records, it is anticipated that the nitrate level will decrease to the 20 - 25 mg/L range. P:T 0059T0086T ngineeft\ 05LWe11- 32- Nltm[e- Mifi1xiov[Dmft Rg0tb 21e #.do2 5I �O TETRA TECH �v rm z- (JI a LL '� d � rR ,r w 2 6 i K V N C Q w U i 4 v F. v w m S `o 0 w O O 0 A U' 251 -31 e 'o E a n 9 6 � z � _ m v y m o x c R P6, M C CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study 3.4 Preliminary Cost Estimates Project cost estimates were prepared for the project alternatives which include capital costs, operation and maintenance, and unit costs. The project cost estimating was performed using the Association for the Advancement of Cost Engineering (AACE) International's cost estimating classification system, which defines five separate classes of cost estimates. For a study or feasibility level report, this is considered a Class 4 estimate, and allows for an accuracy range of -15% to -30% on the low side, and +20% to +50% on the high side. 3.4.1 Capital Costs Construction costs consist of site work, mechanical equipment, filters, pumps, chemical metering equipment, piping, valves, structural, electrical and instrumentation. Bonds and insurance have been included at 2% and contractor's overhead and profit is assumed to be 10 %. A 30% construction cost contingency is included for this planning level stage. The total capital cost includes a 20% cost allotment for preparing engineering plans, specifications, bid and construction management and inspection, technical, incidental permits, survey, geotechnical, legal, and administrative costs. The capital cost for the blending option at Garthe Reservoir (Blending Only) is estimated at $4,650,000. The capital cost for the blending option at Garthe Reservoir (Fill Reservoir) is estimated at $4,580,000. The capital cost for the blending option at Memory Lane Pressure Reducing Facility is estimated at $4,700,000. The capital cost for the nitrate treatment facilities is estimated at $11,700,000. It should be noted that the costs for the well rehabilitation as described in Section 4 have been included in the capital cost estimate for each alternative. Estimates of probable construction costs are contained in Appendix C 3.4.2 Operation and Maintenance Costs Annual Operation and Maintenance Costs (O &M) were prepared and include power, chemicals, labor, and maintenance materials for the treatment facilities. The annual O &M costs for the blending options were not developed because the City currently incurs these costs already and would not be new. A cost for off -site IX resin regeneration by a contracting service is also included in the annual costs. The annual estimated O &M cost is $8.02 million and is contained in Appendix C. P:T0059700g6\Engineering \05 \_ Wel1-32- N4ate- Miti,nti�raft RVoiIW2textdocx 14 TETRA TECH 251 -32 CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabilitation Study 4. WELL MODIFICATIONS 4.1 Well Head and Piping Modifications Well No. 32 has been inactive since 2004. The first action the City wants to perform is to rehabilitate the well and perform the following: • Chemical rehabilitation Mechanical rehabilitation Well development, testing and water quality sampling A video survey will first be performed to verify the rehabilitation techniques necessary to address the condition of the well casing. Currently, the well head for Well No. 32 is located within a buried vault. The City desires to raise the well head to meet current Department of Public Health recommendations for the construction of potable water wells. The well casing, tubes (sounding, gravel fill line, etc) and a new sanitary seal will need to be constructed to raise the well head to grade. The discharge piping will be reconstructed. Depending on the alternative selected will dictate the operational flexibility required to be designed at the well. It is anticipated the following new equipment will be required: Pump and motor • Piping Isolation valves • Check valve Motor operated throttling valves (one for discharge to blending site and one for discharge to system) Flow meter Surge protection (assuming a surge tank) • Nitrate monitoring equipment • Sodium hypochlorite disinfection system • Site improvements • Landscaping 4.2 Building Modifications One the well head is raised to finish grade, the underground vault will be demolished and a new building constructed to protect the well head and piping. The well is located at the entrance of Morrison Park. The building will match other City water facility buildings located within the City and will incorporate the following: Concrete slab -on -grade floor Concrete masonry unit walls and foundation Gabled roof Steel roof framing P:m00597a0WEnbn ring\os\ we11-32- Him. oe >nna+s.renme•eaePera02mxt.&251 1 TETRA TECH CITY OF SANTA ANA Well No. 32 Nitrate Mitigation and Rehabllilation Study Sound attenuation • Entry doors Roof hatch • Ventilation 4.3 Electrical Equipment Replacement The electrical equipment will be located within the building to protect it from vandalism and weather. The electrical equipment will include: 1. Main switchgear 2. PLC Control Plan 3. Variable Frequency Drive 4. Telemetry 5. Lighting 6, Programming 5. We recommend either Alternatives 1 or 2, blending at Garthe Reservoir. This utilizes the 16 million gallons of storage to blend the water qualities. In addition, depending on operating preferences, the City can decide to continue to use Well No. 32 to augment the pressure in the local area or fill the reservoir. This alternative appears the most practical and cost - effective to achieve the City's desired goal not to waste approximately 2.1 million gallons of water while waiting for the nitrate residual to fall to half of the MCL, maintain the desired pumping capacity of 2,500 gpm at Well No. 32 and minimize impacts to the community at large. P:tPe05990085Engineering \05\ Wen- 32- Nllnate- Mitlgationt mft Reponto2textdow 16 TETRA TECH 251 -34 APPENDIX A Water Quality Data * * * *** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Station Type: WELL CASING Perf Interval (R li 307 -1030 Aquifer: UNDEFINED State Well Number: 04S/10W -36Q01 Well Owner: SANTA ANA Well Name: Well No. 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -04 Sample ID: 12026237 Laboratory: OCWD Sample Date/Time: 11/01/201213:50 Analysis Requested: GENLVLII Sample Depth(R): Al Receive Date /Time: 11/01/201214:40 Sample Matrix: WATER Number of Bottles: 4 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: N Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program 1 Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL X200.8 RUNNING TO WASTE; WELL ON AT 060611/1 11/08/2012 Parameter Analysis Dates Results Detect Limits Abbreviation Name Method Extract Analysis Value Units Value Units Ag Silver X200.8 11/07/2012 11/08/2012 <1 ug /L 1 ug /L Al Aluminum X200.8 11/07/2012 11/08/2012 1.3 ug /L 1 ug /L ALKPHE Alkalinity - Phenolphthalein 2320B 11/01/2012 <1 mg /L 1 mg /L As Arsenic X200.8 11/07/2012 11/08/2012 <1 ug /L 1 ug /L B Boron X200.7 11/05/2012 11/07/2012 <0.1 mg /L .1 mg /L Be Barium X200.8 11/07/2012 11/08/2012 161 ug /L 1 ug /L Be Beryllium X200.8 11/07/2012 11/08/2012 <0.5 ug /L .5 ug /L Sr Bromide X1 -300.0 11/01/2012 0.28 ni .1 mg /L Ca Calcium X200.7 11/05/2012 11107/2012 134 mg /L .5 mg/L Cd Cadmium X200.8 11/07/2012 11/08/2012 <1 ug /L 1 ug /L Cl Chloride X1 -300.0 11/01/2012 115 mg /L .5 mg/L Co Cobalt X200.8 11/07/2012 11/08/2012 <1 ug /L 1 ug /L CO3Ca Carbonate (as CaCO3) 23208 11/01/2012 <1 mg /L 1 mg/L Cr Chromium X2007 11/05/2012 11106/2012 <1 ug /L 1 ug /L Cu Copper X200,8 11/07/2012 11/08/2012 2,5 ug /L 1 ug /L EC Electrical Conductivity 2510B 11/01/2012 1130 um /cm 1 um /cm Fe Iron X200.7 11/05/2012 11/06/2012 60,6 ug /L 1 ug /L Gd Gadolinium X200.8 11/07/2012 11/08/2012 <10 ng /L 10 ng /L HCO3Ca Bicarbonate (as CaCO3) 23208 11/01/2012 240 mg /L 1 mg /L Hg Mercury X200.8 11/07/2012 11/0812012 <0.1 ug /L .1 ug /L K Potassium X200.7 11/05/2012 11/0712012 3.5 mg/L .5 ni Mg Magnesium X200.7 11/05/2012 11/07/2012 23.9 mg/L .5 mg /L Mn Manganese X200.8 11/07/2012 11/08/2012 2.1 ug /L 1 ug /L No Sodium X200.7 11/05/2012 11/0712012 52.3 ri .5 mg /L Ni Nickel X200.8 11/07/2012 11/08/2012 2.5 ug /L 1 ug /L NO2 -N Nitrite Nitrogen 450ONO3F 11/01/2012 0.003 mg /L .002 mg /L NO3 -N Nitrate Nitrogen X1 -300.0 11/01/2012 9.21 mg /L .1 mg /L OHCa Hydroxide (as CaCC3) 23208 11/01/2012 <1 mg /L 1 mg /L Pb Lead X200.8 11/07/2012 11/08/2012 <1 ug /L 1 ug /L pH pH 4500H +B 11/01/2012 8. UNITS 1 UNITS PO4 -P Phosphate Phosphorus 365.1 11/01/2012 0.04 mg /L .01 mg /L (orthophosphate) Sb Antimony X200.8 11/07/2012 11/08/2012 <0.5 ug /L .5 ug /L Be Selenium X200.8 11/07/2012 11108/2012 1.9 ug /L 1 ug /L 804 Sulfate X1-300.0 11101/2012 132 ni .5 mg /L TDS Total Dissolved Solids 2540C 11101/2012 678 ni 1 mg /L Approval Group: WQ 1211012812 12:55 OCWD WRMS RPT#: 3587 Page 9 of 2 Approved: Yes r J_YC 1: * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 State Well Number: 04S/10W -36Q01 Station Type: WELL CASING Well Owner: SANTA ANA Pert Interval (R bgs): 307 -1030 Well Name: Well No. 32 Aquifer: UNDEFINED Clty: SANTA ANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -04 Sample ID: 12026237 Laboratory: OCWD Sample Date/Tlme: 11/01/201213:50 Analysis Requested: GENLVLII Sample Depth(R): Receive Date /Time: 11/01/2012 14:40 Sample Matrix: WATER Number of Bottles: 4 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: N Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL RUNNING TO WASTE; WELL ON AT 060611/1 Parameter Analysis Dates Results Detect Llmlts Abbreviation Name Method Extract Analysis Value Units Value Units TI Thallium X200.8 11/07/2012 11/0812012 <0.5 ug /L .5 ug /L TOO Total Organic Carbon (Unfiltered) 5310C 11106/2012 0.29 mg /L .05 mg /L TOTALK Total Alkalinity (as CaCO3) 2320B 11/01/2012 240 mg /L 1 mg /L TOTHRD Total Hardness (as CaCO3) X200.7 11105/2012 11/07/2012 432 mg /L 1 mg /L V Vanadium X200.8 11/07/2012 11/08/2012 <i ug /L 1 ug /L Zn Zinc X200.8 11/07/2012 11/08/2012 5.9 ug /L 1 ug /L Approval Group: WO Approved: Yes 251 -37 1211012012 12:55 OCWD WRMS RPT#: 3587 Page 2 of 2 * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Station Type: WELL CASING Pert Interval (ft bgs): 307 -1030 Aquifer: UNDEFINED State Well Number: 04S/10W -36Q01 Well Owner: SANTA ANA Well Name: Well No. 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023-05 Sample ID: 12026238 Laboratory: OCWD Sample Date/'Fime: 11/01/201213:50 Analysis Requested: CL04 Sample Depth(ft): Receive Date /Time: 11/01/201214.40 Sample Matrix: WATER Number of Bottles: 1 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: N Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL RUNNING TO WASTE; WELL ON AT 060611/1 Parameter Analysis Dates Results — o Detect Limits Abbreviation Name Method Extract Analysis Value Units Value Units CL04 Perchlorate X1 -314.0 11105/2012 4. ug /L 2.5 ug /L Approval Group: WQ 12/10/2012 12:55 OCWD WRMS RPT #: 3587 Page 1 of i Approved: Yes 251 -38 * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Statlon Type: WELL CASING Pert Interval (R bgs): 307 -1030 Aquifer: UNDEFINED State Well Number: 04S/10W -36Q01 Well Owner: SANTA ANA Well Name: Well No. 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -01 Sample ID: 12026393 Laboratory: DOWD Sample Date /Time: 11/01/201213:50 Analysis Requested: FIELD Sample Depth(R): Receive Date /Time: 11/01/2012 14:40 Sample Matrix: WATER Number of Bottles: 0 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: N Sampled By: BRIAN OKEY Field Cooled: N Monitoring Program: Unknown Water Quality Program Comments: Well has been COS since 2004, Not sampled for T -22, but for SA to explore returning the well to service. WELL RUNNING TO WASTE; WELL ON AT 0606 11/1 Parameter Analysis Dates Results Detect Limits Abbreviation Name Method Extract Analysis Value Units Value Units F -EC Field EC METER 11/0112012 1070 um /cm 1 um /cm F -pH Field pH METER 11/01/2012 7.6 UNITS 1 UNITS F -TEMP Field Temperature METER 11/01/2012 20.6 C 1 C Approval Group: WQ Approved: Yes 251 -39 1211012012 12:55 OCWD WRMS RPT #: 3587 Page 1 of 1 * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Station Type: WELL CASING Perf Interval (ft bgs): 307 -1030 Aquifer: UNDEFINED State Well Number: 04S110W -36Q01 Well Owner: SANTAANA Well Name: Well No. 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023-02 Sample ID: 12027248 Laboratory: OCWD Sample Date/Time: 11/01/201213:50 Analysis Requested: 524 Sample Depth(ft): ug /L Receive Date /Time: 11/01/201214:40 Sample Matrix: WATER Number of Bottles: 6 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: Y Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program 524.2 11/03/2012 Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL 11 DCA RUNNING TO WASTE: WELL ON AT 060611/1 524.2 11/03/2012 Abbreviation Parameter Name Analysis Method Extract Dates Analysis Value Results Units s ® Value Detect Limits Units 1112PC 1,1,1,2 - Tetrachloroethane 524.2 11/03/2012 ND ug /L .5 ug /L 111TCA 1,1,1 - Trichloroethane 524.2 11/03/2012 ND ug /L .5 ug /L 1122PC 1,1,2,2- Tetrachloroelhane 524.2 11/03/2012 ND ug /L .5 ug /L 112TCA 1, 1,2-Trich loroethane 524.2 11/03/2012 ND ug /L .5 ug /L 11 DCA 1,1- Dichloroelhane 524.2 11/03/2012 ND ug /L .5 ug /L 11 DOE 1,1- Dichlorcethene 524.2 11/03/2012 NO ug /L .5 ug /L 11 COP 1,1- Dichloropropene 524.2 11103/2012 NO ug /L .5 ug /L 123TCB 1,2,3 - Trichlorobenzene 524.2 11/03/2012 NO ug /L .5 ug /L 123TCP 1,2,3-Trichloropropane 524.2 11/03/2012 NO ug /L .5 ug/L 124TCB 1,2,4 - Trichlorobenzene 524.2 11/03/2012 NO ug /L .5 ug/L 124TMB 1,2,4 - Trimethylbenzene 524.2 11/03/2012 NO ug /L .5 ug/L 12DCA 1,2- Dichloroethane 524.2 11/03/2012 NO ug /L .5 ug /L 12DCB 1,2- Dichlorobenzene 524.2 11/03/2012 NO ug /L .5 ug /L 12DCP 1,2- Dichloropropane 524.2 11/03/2012 NO ug /L .5 ug /L 135TMB 1,3,5 - Trimethylbenzene 524.2 11/03/2012 NO ug /L .5 ug /L 13DCB 1,3- Dichlorobenzene 524.2 11/03/2012 ND ug /L .5 ug /L 13DCP 1,3- Dichloropropane 524.2 11/03/2012 ND ug /L .5 ug /L 14DCB 1,4- Dichlorobenzene 524.2 11/03/2012 ND ug /L .5 ug /L 22DCP 2,2- Dichloropropane 524.2 11/03/2012 ND ug /L .5 ug /L 2CLTOL 2- Chlorotoluene 524.2 11/03/2012 ND ug /L .5 ug /L 4CLTOL 4- Chlorotoluene 524.2 11/03/2012 ND ug /L .5 ug /L 41PTOL 4- Isopropyltoluene 524.2 11/03/2012 ND ug /L .5 ug /L AAVE Vinyl Acetate 524.2 11/03/2012 ND ug /L 10 ug /L ACETNE Acetone 524.2 11/03/2012 ND ug /L 10 ug /L ACROLN Acrolein 524.2 11/03/2012 ND ug /L 10 ug /L ACRYLO Acrylonitrile 524.2 11/03/2012 ND ug /L 10 ug /L 32CLEE Ole (2- chloroethyl) ether 524.2 11/03/2012 NO ug /L 5 ug /L BENZ Benzene 524.2 11/03/2012 NO ug /L .5 ug /L BRBENZ Bromobenzene 524.2 11/03/2012 NO ug /L .5 ug /L c12DCE cis- 1,2- Dichloroethene 524,2 11/03/2012 NO ug /L .5 ug /L 03DCP cis- 1,3- Dichloropropene 524,2 11/03/2012 NO ug /L .5 ug /L CC12F2 Dichlorodifluoromethane 524,2 11/03/2012 NO ug /L .5 ug /L CC13F Trichlorofluoromethane(Freon 11) 524.2 11/03/2012 2.4 ug /L .5 ug /L CC14 Carbon tetrachloride 524.2 11/03/2012 NO ug /L .5 ug /L CH2Br2 Dibromomethane 524.2 11/03/2012 NO ug /L .5 ug /L CH2BrC Bromochloromethane 524.2 11/03/2012 NO ug /L .5 ug /L Approval Group: WQ 1211012012 12:55 OCWD WRMS RPT#: 3587 Page 1 Of Approved: Yes 'J * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 State Well Number: 04S/10W -36Q01 Station Type: WELL CASING Well Owner: SANTA ANA Pert Interval (H bgs): 307 -1030 Well Name: Well No. 32 Aquifer: UNDEFINED City: SANTA ANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -02 Sample ID: 12027248 Laboratory: OCWD Sample Dateffime: 11/01/2012 13:50 Analysis Requested: 524 Sample Depth(ft): Receive Data /Time: 11/01/201214:40 Sample Matrix: WATER Number of Bottles: 6 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: Y Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL RUNNING TO WASTE; WELL ON AT 0606 11/1 Parameter Analysis Dates Results Detect Limits Abbreviation Name Method Extract Analysis Value Units Value Units CH2Cl2 Methylene Chloride 524.2 11/03/2012 NO ug /L .5 ug /L CH313r Bromomethane 524.2 11/03/2012 NO ug /L .5 ug /L CH301 Chloromethane 524.2 11/03/2012 ND ug /L .5 ug /L CHBr2C Dibromochloromethane 524.2 11/03/2012 ND ug /L .5 ug /L CHBr3 Bromoform 524.2 11/03/2012 NO ug /L .5 ug /L CHBrC1 Bromodichloromethane 524,2 11/03/2012 NO ug /L .5 ug /L CHC13 Chloroform 524.2 11/03/2012 NO ug /L .5 uglL CHTFEE Chlorotrifluoroethene 524.2 11103/2012 NO ug /L 5 ug /L C13F3E Trichlorotrifluoroethane (Freon 113) 524.2 11/0312012 NO ug /L .5 ug /L CLBENZ Chlorobenzene 524.2 11/03/2012 NO ug /L .5 ug /L CIETHA Chlorcelhane 524.2 11/03/2012 NO ug /L .5 ug /L CS2 Carbon Disulfide 524.2 11/0312012 NO ug /L .5 ug /L D30P 1,2- Dibromo- 3- chloropropene 524.2 11/03/2012 NO ug /L .5 ug /L DIPE Diisopropyl ether 524.2 11/03/2012 NO ug /L 1 ug /L EDB 1,2- Dibromoethane 524.2 11/03/2012 NO ug /L .5 ug /L ETBE Ethyl tert -butyl ether 524.2 11/03/2012 NO ug /L 1 ug /L EtBENZ Ethylbenzene 524.2 11/03/2012 ND ug /L .5 ug /L FR123A Freon 123a 524.2 11/03/2012 NO ug /L .5 ug /L FREN22 Chlorodiflucromethane 524.2 11/03/2012 NO ug /L .5 ug /L HCIBut Hexachlorobutadiene 524.2 11/03/2012 NO ug /L .5 ug /L ISPBNZ Isopropylbenzene 524.2 11/0312012 NO ug /L .5 ug /L MBK 2- Hexanone 524.2 11/03/2012 NO ug /L 10 ug /L MEK Methyl Ethyl Ketone (MEK) 524.2 11103/2012 NO ug /L 5 ug /L MIBK Methyl lsobulyl Ketone(MIBK) 5242 11/03/2012 NO ug /L 5 ug /L mp -XYL m,p- Xylene 524.2 11/03/2012 NO ug /L .5 ug /L MTBE Methyl led -butyl ether 524.2 11/03/2012 NO ug /L .2 ug /L NAP Naphthalene 524.2 11/03/2012 NO ug /L .5 ug /L nBBENZ n- Butylbenzene 524.2 11/03/2012 NO ug /L .5 ug /L NBENZ Nitrobenzene 524.2 11/03/2012 NO ug /L 5 ug /L o -XYL o- Xylene 524.2 11/03/2012 NO ug /L .5 ug /L POE Tetrachloroethene 524.2 11/03/2012 NO ug /L .5 ug /L PRPBNZ Propylbenzene 524.2 11/03/2012 ND ug /L .5 ug /L sBBENZ sec - Butylbenzene 524.2 11/03/2012 NO ug /L .5 ug /L STYR Styrene 524.2 11/03/2012 NO ug /L .5 ug /L 112DCE trans -1,2 Dichloroethene 524.2 11/03/2012 NO ug /L .5 ug /L tl3DCP trans- 1,3- Dichloropropene 524.2 11/03/2012 NO ug /L .5 ug /L Approval Group: WQ 1211012012 12:55 OCWD WRMS RPT #: 3587 Page 2 of 3 Approved: Yes 251 -41 * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Station Type: WELL CASING Pert Interval (ft bgs): 307 -1030 Aquifer: UNDEFINED State Well Number: 04S110W -36Q01 WellOwner: SANTAANA Well Name: Well No. 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -02 Sample ID: 12027248 Laboratory: OCWD Sample Date/Time: 11/01/201213,50 Analysis Requested: 524 Sample Depth(ft): 524.2 Receive Date /Time: 11/01/201214:40 Sample Matrix: WATER Number of Bottles: 6 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: Y Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program 524.2 Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL .5 RUNNING TO WASTE; WELL ON AT 060611/1 TOLU Parameter Analysis Dates Results Detect Limits Abbreviation Name Method Extract Analysis Value Units Value Units TAME Tert-amyl methyl ether 524.2 11/0312012 NO ug /L 1 ug /L TBA tart-butyl alcohol 524.2 11/03/2012 ND ug /L 2 ug /L tBBENZ tert- Butyl benzene 524.2 11/03/2012 NO ug /L .5 ug /L TOP Trichloroethene 524.2 11103/2012 NO ug /L .5 ug /L TOLU Toluene 524.2 11/03/2012 NO ug /L .5 ug /L TOTALX Total Xylenes(m,p, &o) 524.2 11/03/2012 ND ug /L .5 ug /L TTHMs Total Trihalcmethanes 524.2 11/03/2012 NO ug /L .5 ug /L VNYLCL Vinyl chloride 524.2 11/03/2012 NO ug /L .5 ug /L x13DCP Total 1,3- Dichloropropene 524.2 11/03/2012 NO ug /L .5 ug /L Approval Group: WQ Approved: Yes 251 -42 1211012012 12:55 OCWD WRMS RPT #: 3587 Page 3 of 3 * * * * ** PRELIMINARY * * * * ** ORANGE COUNTY WATER DISTRICT TEMPORARY SAMPLE INFORMATION AND RESULTS Station Name: SA -32/1 Station Type: WELLCASING Pert Interval (R bgs): 307 -1030 Aquifer: UNDEFINED State Well Number: 04S /10W -36401 Well Owner: SANTA ANA Well Name: Well No 32 City: SANTAANA Sample Group ID: 12013607 Lab Sample Number: 12110023 -03 Sample ID: 12027249 Laboratory: OCWD Sample Dateffime: 11/01/201213:50 Analysis Requested: 14DIOX Sample Depth(R): ug /L Receive Date /Time: 11/01/201214:40 Sample Matrix: WATER Number of Bottles: 6 Sampling Method: DEDICATED PUMP Field Filtered: N Sampling Agency: ORANGE COUNTY WATER DISTRICT Field Preserved: Y Sampled By: BRIAN OKEY Field Cooled: Y Monitoring Program: Unknown Water Quality Program 14DIOX 11/03/2012 Comments: Well has been COS since 2004. Not sampled for T -22, but for SA to explore returning the well to service. WELL EDB RUNNING TO WASTE; WELL ON AT 060611/1 14DIOX 11/03/2012 Abbreviation Parameter Name Analysis Method Extract Dates Analysis Value Results — Units — Value Detect Limits Units 123TCP 1,2,3 - Trichloropropane 14DIOX 11/03/2012 NO ug /L .005 ug /L 14DIOX 1,4- Dioxane 14DIOX 11/03/2012 NO ug /L 1 ug /L 2CIEVE 2- Chloroethylvinyl ether 14DIOX 11/03/2012 NO ug /L 1 ug /L DBCP 1,2- Dibromo -3- chloropropane 14DIOX 11/03/2012 NO ug /L .01 ug /L EDB 1,2- Dibromoethane 14DIOX 11/03/2012 ND ug /L .005 ug /L MITC Methylisothlocyanate 14DIOX 11/03/2012 ND ug /L .01 ug /L Approval Group: WQ Approved: Yes 251 -43 1211012012 12:55 OC WD WRMS RPT#: 3587 Page 1 of 1 Clinical Laboratory of San Bernardino, Inc. Santa Ann, City of Project: Routine Work Order: M0158 220 S Daisy Ave, Bldg A Sub Project: Well 32NO3 Received: 1110211215:05 Santa Ana CA, 92703 Project Manager: Nabil Saba Reported: 11/05/12 SA 1 Well 32 12KO158-01(Water) Sample Date: 11/01/12 6:06 Sampler: RobertHemaudez Amdym Method Result Units Rep. Limit MCL Prepared Analyzed Batch Qualifw General Chemical Analyses Nitrate (NO3) EPA300.0 43 mg/L 2.0 45 11/02!12 11/02/12 1244373 SA2 12K015"2 (Water) Sample Date. lV01112 6:11 Sampler: Robert Hernandez Analyte Method Result Units Rep. Limit MCL Prepared Analyzed - Batch Qualifier General Chemical Analyses - - Nitrate (NO3) EPA 300.0 42 mg/L 10 45 11=12 11002/12 1244373 SA 3 12K0158A3 (Water) Sample Date: 11/01/12 6:20 Sampler: Robert Heruaudez Analyte Method Result Units Rep. Limit MCL Prepared Analyzed Batch Qualifier General Chemicat Analyses Nitrate (N`03) EPA 3000 43 mgt 2.0 45 11102/12 11/01/12 1244373 SA4 12KO158- 04(Water) Sample Date: 11 /01/12 6:35 Sampler: Robert Hernandez Analyte Method Result Units Rep. Limit MCL Prepared Analyzed Batch Qualifier General Chemical Analyses Nitrate (NO3) EPA 300.0 43 mg/L 2.0 45 11/02112 11/0]112 1244373 SA5 12KO158 -05(Water) Sample Date: 11/01/12 7:05 Sampler: Robert Hernandez Analyte Method Result Units Rep. Limit MCL Prepared Analyzed Batch Qualifier General Chemical Analyses Nitrate (NO3) EPA 300.0 65 mVL 2.0 45 11/02/12 11/02/12 1244373 SA6 12KO158 -06(Water) Sample Date: 11 101/12 8:05 Sampler: Robert Hernandez Analyte Method Result Units Rep. Limit MCL Prepared Analyzed Batch Qualifier General Chemical Analyses Nitrate (NO3) EPA 300.0 43 mg/L 2.0 45 11/02/12 11/02/12 1244373 Robin Glenney Project Manager Page 1 oft Post Office Box 329 San Bernardino, CA 92402 (909) 825 »7693 Fox(909)825-7696 ELAPNumber ]088 251 -44 Clinical Laboratory of San Bernardino, Inc. Santa Ana, City of ProjecL Routine Work Order: 12KO158 220 S Daisy Ave, Bldg A Sub Project: We1132 NO3 Received: 1110202 15:05 Santa Ana CA, 92703 Project Manager. Nabil Saba Reported: 11/05/12 SA7 12K015S- 07 (Water) Sample Date: 11/01/12 9:05 Sampler: RobertHernandez Analyze Method Result Units Rep. Limit MCL prepared Analyzed Batch Qualifier General Chemical Analyse_s Nitrate (NO3) EPA 300,0 43 MZ& 2.0 45 11/02/12 11/02/12 1244373 SA8 12KO158- 08(Water) Sample Date: 11/01/12 12:05 Sampler: Robert Hernandez Anelyte Method Result Units Rep. Limit MCI, Prepared Analyzed Batch Qualifier Geaeral Chemical Analyses Nitrate (NO3) EPA 300.0 43 mg/L 2.0 45 11102112 IM2112 1244373 SA 9 12KO158 -09 (Water) Sample Date: 11/01112 3:05 Samplers Robert Hernandez Analyze Method Result Units Rep. Limit MCL prepared Analyzed Batch Qualifier General Chemical Analyses Nitrate (NO3) EPA 300,0 42 mg/L 2,0 45 11/02/12 11/02/12 1244373 SA 10 12KO158 -10 (Water) Sample Date: 11/01/12 6:05 Sampler: Robert Hernandez Analyze Method Result Unitas Rep. Limit MCL Prepared Analyzed Batch Qualifier General Chemical A —RaWes Nitrate (NO3) EPA 300,0 41 mg/L 2.0 45 11/02!12 11/02/12 1244373 ND Analyte Nl7T DETECTED at or above the mpordng limit Robin Oenney Project Manager Page 2 of 2 Post Offrce Box 329 San Bernardino, CA 92402 (909) 825 -7693 Fax(909)825-7696 &LAP Number 1088 251 -45 Y% TURN AROUND TIME Lo 0 a JHaloaceticAcids irihalomathanes General Physical Nitrite Nitrate Fluoride 0 ` HPC [Dliform PJA LL a Residual7ota (field) LL O PRESERVATIVES Q a R J a � I � J n N Q } m W E �aA N 1 9 =1 0 z u QLLo D Q m N � n m T E h vO p E Z o vi re � d 251 -46 3 D a �C c r � z � � O z � a a W P a ry 0 a D Q v �} .p D Q s� o F D P s n W w APPENDIX B Equipment Data Sheets '►1 L HP1220HF SYSTEM SYSTEM SPECIFICATION SUMMARY HP1220HF Liquid Phase Ion Exchange Systems are designed to treat a wide range of contaminated process streams. All piping and valves are configured for single vessel operation. System includes inlet and outlet piping, and backwash capabilities. The system consists of two (2) exchange vessels, with all piping, valves, and gauges assembled for ease of operation. The vessel is equipped with an underdrain capable of a maximum flow rate of 2000 GPM. EACH VESSEL: Vessel Diameter ........................ Side Shell Height ....................... Overall Height (Approx.) ............ Maximum Working Pressure...... Manway: Flanged at side shell Elliptical type at head Vessel Volume ........................... Resin Bed Volume - Typical ........ Maximum Flow Rate .................. Design Criteria ........................... Code Stamping .......................... Material....... ............................... Supports..... ............................... Lifting .......... ............................... Seismic....... ............................... Interior Surface Prep .................. Interior Surface Coating ............. Exterior Surface Primer ............. Exterior Surface Coating............ Standard Color ........................... . ..........................144„ ............................. 60„ .................. ... ... 15,_4„ ...... 125 psi @ 150 °F ............................. 24„ ....................14" x 18,. .................... 7520 gal ................300 -600 Ft3 .................2000 GPM ........................ ASME ........................... YES ............. Carbon Steel .Legs and Baseplates ................Lifting Lugs ................... IBC 2007 ............... ............................... SSPC-SP5 ...................... Plasite 4110 35 mil dft min .... Rust Preventative Epoxy 4 mil min dft ...........High Solids Urethane 3mil min dft ........................... ............................... Tan UNDERDRAINS: External Ring Header ..................................... ............................12" Carbon Steel Screens ...................... 8 ea 316L Stainless Steel V -Wire Screens 6 5/8" dia x 12" VALVE ASSEMBLY AND PIPING: Piping: Process Piping ............ Resin Transfer Piping.. ......................12" Carbon Steel 4" Sch 10 304L Stainless Steel Valves: Process ....... .12" Butterfly, Cast Iron Body w /Stainless Disk, Gear Operator Resin Transfer ...............4" Fanged 316 Stainless Steel Full Port Ball Valve Vent/Wash ....................................... .............................2" Bronze Ball Valve Sample Ports ( 3) ............................. ...........................1/2" Bronze Ball Valve SYSTEM WEIGHT: System Shipping Weight.... Resin Weight .................... System Operating Weight.. 251 -48 46,000 lb 25,200 lb 169,000 lb Vantage TM Pre-Treatment - Industrial (PTI) Series Softeners: High Flow Systems VantageTM Pre - Treatment — Industrial (PTI) series softeners by Siemens Water Technologies offer a flexible, reliable and feature -rich way to reduce hardness in your feed water. PTI systems are available in Simplex, Duplex or Triplex configurations, and these pre - engineered, pre - assembled and factory - tested units minimize installation and startup time. Each configuration is controlled by a main control panel with solenoid panels on the other vessels. Softeners are available in either PVC or 316L Stainless Steel face piping and internals. Vessel diameters range from 72" (182.88 cm) to 120" (304.8 cm) for high flow systems. Each softener contains cation resin shipped in sodium form. VantageT" PTI High Flow Softeners come in three models. • Plus (P) — Controlled by Siemens PLC and user friendly touch screen HMI, PVC face piping and internals • Deluxe (D) - Controlled by Siemens PLC and user friendly touch screen HMI, 316L SS face piping and PVC internals • Select (S) - Controlled by Siemens PLC and user friendly touch screen HMI, 316L SS face piping and internals; hardness monitor comes standard with this model. A brine pump skid is included with all high flow systems. A separate brine hub and radial for brine injection is part of each unit. The regeneration of the cation resin is accomplished via a co— current process through the separate brine hub and radial. Water Technologies �1 Simplex Softener Filter SIEMENS The brine pump skid requires a customer - provided brine source, and the regeneration process is fully automated via the main control panel. Pumps for this skid are titanium to minimize rust and corrosion. The Plus, Deluxe and Select models are available in five operational flow configurations depending on the number of vessels. ■ Simplex Operation — single vessel operation s Duplex Alternating — one vessel on, one vessel in standby is Parallel — all vessels working together is 2 + 1 — two vessels working and one vessel in stand by for back wash support ■ Pro Flow — two vessels working and the third vessel in stand by, for when demand requires additional water from the third vessel Brine Pump Skid Specifications Plus, Deluxe and Select High Flow Models * Vessels Shipped on Side in cm in ' cm in cm in cm I Ibs kg Ibs kg 7202 73 185 92 234 148 376 128 325 16450 7478 16273 7397 84x84 * 84 213 106 269 163 '414 106 269 25483 11584 24976 11354 96x96 * 108 274 113 287 178 452 113 287 7964 3620 36278 16491 120x96 * 128 325 146 371 ' 988. 478 146 371 10696 4862 55007 25004' * Vessels Shipped on Side * For Duplex systems double flaws I quantities; for Triplex systems triple flows I quantities Siemens © 2009 Siemens Water Technologies Corp. Vantage is a trademark of Siemens, its subsidiaries or affiliates. Water Technologies PWS- SOFTHF -DS -0209 10 Technology Drive Subject to change without prior notice. The information provided in this literature contains merely general Lowell, MA 01851 Technical Support: 800.875.7873 ext 5000 descriptions or characteristics of performance which in actual case Customer Support: 800.466.7873 Tank Phone: 978.934 9349 ext 5000 result of further development of the products. An obligation to Active provide the respective characteristics shall only exist if expressly agreed in the terms of the contract. Pipe Pipe Min. Flow. Recommended Flow Rate Flow Rate Flow Rate Tank %Media Media Flow@ - Shell Area Media Size Size Rate @ Max Flow Rate @ @ 3' @ 5 @ 7 Diameter Free- per 7.5 Height (sgft) Depth PVC 55 2 gpmisgft 20 gpm /sgft gpm /tuft gpm /tuft gpm /cuff (in) board vessel gpm /sgft (Pt) (In) (cuft) @85 °F PTISxxx72x72 6 4 57 565 297 495 565 72 6 28.3 54% 42 99 212 PTISxxx84x84 6 6 77 .770. 471 770 770 84 7 38.5 56% 48 159 -289 PTISxxx96x96 6 6 101 1005 700 1005 1005 96 8 50.3 57% 56 236 377 PTISxxxl 20x96 6 8 157 1571 1104 1571 1571 120 9 78.5 57% 56 368 589 * For Duplex systems double flaws I quantities; for Triplex systems triple flows I quantities Siemens © 2009 Siemens Water Technologies Corp. Vantage is a trademark of Siemens, its subsidiaries or affiliates. Water Technologies PWS- SOFTHF -DS -0209 10 Technology Drive Subject to change without prior notice. The information provided in this literature contains merely general Lowell, MA 01851 Technical Support: 800.875.7873 ext 5000 descriptions or characteristics of performance which in actual case Customer Support: 800.466.7873 of use do not always apply as described or which may change as a Phone: 978.934 9349 ext 5000 result of further development of the products. An obligation to Fax: 978.441.6025 provide the respective characteristics shall only exist if expressly agreed in the terms of the contract. 25I -50 www.siemens.com /water SIEMENS Equipment Specifications PTI Series Softener (72" -120" Diameter- High Flow Series) GENERAL SYSTEM DESCRIPTION General Description High Purity Solutions Standard Products The softening units are designed and manufactured for industrial applications in sizes from 72" to 120" diameter tanks. The units are available in three configurations (Simplex, Duplex, and Triplex) and with three packaged options (Plus, Deluxe, and Select). Duplex and triplex configurations have multiple modes of operation to maximize operational flexibility. These units are rugged, pre- engineered units that minimize expensive installation and start-up costs. They require simple utility connections, media loading, and minor configuration for immediate online service. Duplex and triplex configurations are shipped as individual units in order to minimize installation labor while maximizing orientation flexibility. The softener's simple design maximizes the efficiency and repeatability of the unit during the service and regeneration modes in order to provide a truly reliable water treatment unit. Mechanical Description The softener consists of steel pressure vessel(s) that contain C -211 cation resin along with 2 support bed layers. The pressure vessels are sandblasted, lined with an NSF approved material, and painted with a durable epoxy coating. The piping and tank internals are constructed of schedule 80 PVC or Schedule 10, 316L stainless steel. All automatic valves are actuated pneumatically. Adjustable travels stops are included on the service, backwash, rinse outlet, and brine valves in order to set the flows based on system requirements. A relief valve sized for thermal expansion pressure relief is also supplied on each tank. Four structural steel legs, designed to meet International Building Code (IBC) to meet the requirements in 98% of North American installations, support each vessel. All interconnect piping on duplex and triplex systems are by others. A brine pumping and dilution skid is provided. The unit is provided with sch80 PVC piping. A customer supplied brine silo or equivalent supplies a 26% brine solution to the inlet of the brine pumping system. A separate water source (preferably softened water) supplies the dilution side. A CRT series Grundfos vertical pump boosts the 26% brine solution pressure. Two rotameters allow the flow of each fluid to be accurately set for the dilution of the 26% brine solution to desired concentration (6 -10 %). The customer must connect the brine skid to the softener with schedule 80 PVC or similar corrosion resistant material. PTI Series Softeners Page 1 Rev. 1, February 2009 S5131 -020 251 -51 IE High Purity Solutions lip, Standard Products An overview of the configuration and trim packages available is shown in the table below. Overview Trim Packages Item Detail Plus Deluxe Select Configurations Simplex X X X Duplex X X X Triplex X X X Control PLC /HMI PLC /HMI PLC /HMI Vessel Non - Code X X X ASME X X X Face Piping Material PVC 316L SS I 316L SS Internals Upper/Lower PVC PVC 316L SS Other Hardness Monitor Option Kit Option Kit X DL Sight Glass PVC PVC Borosilicate PSV (Thermal) X X X Air Vent Auto Valve Auto Valve Auto Valve Electrical Description For High Flow systems, the Control Panel is mounted on Unit A. For Duplex and Triplex systems, individual Solenoid Panels provide valve control on each additional vessel (Unit B, or, Unit B and Unit Q. The Solenoid Panels contain the solenoid valves and terminal blocks for field wiring connections. High Flow vessels are free standing units (not skid mounted) and will require field wiring (by others) between the Control Panel and Solenoid Panel(s) for Duplex and Triplex systems. A single Control Panel will provide control and monitoring for Simplex, Duplex, and Triplex Filter configurations. The Control Panel is provided complete with a programmable logic controller and operator interface. An S7 -200 Siemens Programmable Logic Controller (PLC) Processor, model CPU224XP, is utilized to provide reliable control of the system's operating and safety functions. A Siemens Human Machine Interface (HMI), model TP 177B PN /DP (6" Color Touch Screen), acts as the interface between the operator and the process. An Ethernet module is provided for communication with a SCADA or other control system. A Brine Injection Pump Panel is provided to allow motor control of the Brine Pump. This pump is utilized during the brine intro step of a Regeneration Cycle. Field wiring from the Control Panel to the Brine Injection Pump Panel is required. Control of the Brine Pump is maintained at the Control Panel from the HMI. A green "Pump Running" pilot light is provided on the front of the Brine Injection Pump Panel for run status. Operational Description The Softener has the following Modes of Operation and Regeneration Cycle steps based on the flow configuration and vessel arrangement (Simplex, Duplex, or Triplex configuration): Simplex • Modes of Operation: 3 (Offline, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) PTI Series Softeners Page 2 Rev. 1, February 2009 S5131 -020 251 -52 SIEMENS EN High Purity Solutions Standard Products Simplex operation consists of one vessel that will run in Service mode. Upon request of a Regeneration Cycle, the unit will regenerate accordingly. After completion of the Regeneration Cycle, the unit will return to Service mode. Duplex Parallel • Modes of Operation: 3 (Offline, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) Duplex Parallel operation consists of two vessels that will both ran in Service mode. Upon request of a Regeneration Cycle, both units will regenerate consecutively (Unit A, then, Unit B), leaving one unit online at all times. Duplex Alternating • Modes of Operation: 4 (Offline, Standby, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) Duplex Alternating operation consists of two vessels that will run with one in Service mode, and one in Standby mode. Upon request of a Regeneration Cycle, the vessel in Service mode will regenerate, while the vessel in Standby mode will enter Service mode. Triplex Parallel • Modes of Operation: 3 (Offline, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) Triplex Parallel operation consists of three vessels that will all run in Service mode. Upon request of a Regeneration Cycle, all units will regenerate consecutively (Unit A, then, Unit B, then, Unit C), leaving two unit online at all times. Triplex 2 Online / 1 Standbv • Modes of Operation: 4 (Offline, Standby, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) Triplex 2 Online / 1 Standby operation consists of three vessels that will run with two in Service mode, and one in Standby mode. Upon request of a Regeneration Cycle, the vessels in Service mode will regenerate consecutively. The vessel in Standby will enter Service mode. After completion of the Regeneration Cycles, the last vessel to be regenerated will enter Standby mode. Triplex Pro -Flo • Modes of Operation: 4 (Offline, Standby, Service, and Regeneration) • Regeneration Cycle Steps: 4 (Backwash, Brine Intro, Slow Rinse, and Fast Rinse) Triplex Pro -Flo operation consists of three vessels that will run with two in Service mode (Primary vessel and Secondary vessel), and one in Standby mode (Tertiary vessel). When product flow rises above a pre - defined setpoint, the vessel in Standby mode will enter Service mode. This vessel will return to Standby mode when product flow falls below the pre - defined setpoint. Upon request of a Regeneration Cycle, all units will regenerate PTI Series Softeners Page 3 Rev. 1, February 2009 55131 -020 251-53 SEE! High Purity Solutions Standard Products consecutively (Primary vessel, Secondary vessel, then, Tertiary vessel). When a vessel is being regenerated, the remaining two vessels will be in Service mode. After completion of the Regeneration Cycles, the vessel assignment will return to the state they were in prior to the initiation of the Regeneration Cycle. SYSTEM DESIGN SPECIFICATIONS The design specifications for the PTI series softeners are listed in this section. PRODUCT OFFERING OVERVIEW: ** While operating in a 2 to 1 mode, the flow rates match a duplex unit. While operating in a progressive flow mode, the minimum flow *** Flow rates maybe limited to 20 gpm/sqft. DESIGN PARAMETERS: Configuration Plus Deluxe, and Select Product Flow Rates (ppm) Triplex Min. Flow (2 gpmisgft) Best Flow (3 gpmlcuft) Better Flow (5 gpmlcuft) * ** Good Flow (7 gpmlcuft) * ** Model Number Simplex Duplex* Triplex ** Simplex Duplex* Triplex ** Simplex 5 gpm /ft3 (Limited by 20 gpm/ftz for 84" dia and larger) riplex — Simplex Duplex* Triplex ** PT.I$ 72X72 57 - 113 170 297 . -: 594 89.1 495 30,000 grains /ft3 Regeneration 665 1131 1696 PTIS 84X84 77 154 231 471 942 1413 770 A2011 770 1539 2309 PTI$ 96X36 101 .;,.201 30'2 708 ,:1416 214 '1005:_' E4712 1005 2011 -` 3016 _. 1571 1571 3142 4712 * Whil, nneratino in a duplex Ao,'rn.n" mode. the product flow rates are the same as a simplex unit. ** While operating in a 2 to 1 mode, the flow rates match a duplex unit. While operating in a progressive flow mode, the minimum flow *** Flow rates maybe limited to 20 gpm/sqft. DESIGN PARAMETERS: Configuration Simplex Duplex Triplex Feed Temperature 60 °F Feed Pressure 45 psig Maximum Inlet Turbidity* 5 NTU (Nephelometric Turbidity Units) Maximum Inlet TDS* 750 ppm as CaCO3 (29.2 grains /gallon) Sizing: Service Flow Rate 3 gpm /ft3 5 gpm /ft3 (Limited by 20 gpm/ftz for 84" dia and larger) 7 gpm/ft3 (Limited by 20 gpmi in all cases) Backwash Flow Rate Adjustable via valve travel stops Rinse Flow Rate 1.5 gpm/ft3 Bed Depth 42" — 56" Freeboard 54 % -57% of the tank side sheet volume Resin Siemens C -21 1B cation resin, 8% cross - linked Capacities 30,000 grains /ft3 Regeneration 15 Ibs (dry) NaCI per fit' (5.77 gallons of saturated NaCl/ ft') Support Bed 3" depth of 94 quartz (1.54mm average size) 2" over laterals - /4 x I/V quartz * Ifprocess is not within the given limit, then contact applications engineeringfor assistance. PTI Series Softeners Page 4 Rev. 1, February 2009 S5131 -020 251-54 SIEMENS OPERATING LIMITS: High Purity Solutions Standard Products Feedwater Temperature: Unit Description Minimum 45 °F Maximum 95 °F for PVC piping systems Rating 120 °F for stainless steel piping systems Feedwater Pressure: 100 psig ASME code with stamp Minimum 45 psig Maximum 90 psig max to prevent premature discharge of pressure relief valve GENERAL SPECIFICATIONS: Pressure Vessels Tank Property Unit Description Description Materials All Carbon steel Rating All Trim Packages 100 psig non -code 100 psig ASME code with stamp Support: All Four structural steel legs, Seismic IBC* Access Openings: 72 " -84" dia. One 12" by 16" crab style - top of vessel 96" -120" dia. Two 14" by 18" crab style - top & lower side of vessel Process Connections Main Process grooved connections (NSF Approved Fittings and Pipe) 72 " -84" dia. Carbon steel pad flange 96" -120" dia. Double drilled 316 SS pad flanges Sluice/Brine Carbon steel pad flange Vent 316L stainless steel FPT Paint All 4 to 6 mils DFT epoxy Lining All 12 to 16 mil DFT epoxy (NSF -61 Approved) * See Regulations and Standards for detailed seismic information. Pumps Unit Unit Description Description Brine Skid 72 " -84" dia Grundfos CRT4 -2, 3/4 HP 96" -120" dia Grundfos CRT8 -1, 3/4 EP Distribution Systems Distributor Unit Description Description Upper Plus, Deluxe Schedule 80 PVC Multi -point distributor Select Schedule 10 316L stainless steel Multi -point distributor Lower (under drain) & Brine Plus, Deluxe Schedule 80 PVC hub and radial Select 316L stainless steel hub and radial Piping Systems Piping Unit Description Description Face Piping Plus Schedule 80 PVC socket welded, flanged, threaded, and rooved connections (NSF Approved Fittings and Pipe) Deluxe, Select 316L stainless steel flanged, threaded, and grooved connections Brine Pump Skid All Schedule 80 PVC socket welded., flanged, threaded, and grooved connections (NSF Approved Fittings and Pipe) PTI Series Softeners Page 5 Rev. 1, February 2009 S5131 -020 251 -55 SIEMENS GENERAL SPECIFICATIONS (continued): Process Valves High Purity Solutions Standard Products Sample Valves Valve Size Description -Package All 1" and larger Bray, cast iron, lug style, butterfly valve with BPDM seats Deluxe, Select One VV 316 SS plug valve and stainless steel disk. The brine valve as well as service, Plus One'' /" PVC ball valve backwash, and drain outlet valves have adjustable travel One 1/4" 316 SS plug valve Plus, Deluxe stops to set flows. Select Actuation Air to Open / Spring to Close All — Brine Skid 1" and larger OF 546 series, PVC ball valve Sample Valves Valve Unit Description Description - Inlet Sample Plus One Y" PVC ball valve Deluxe, Select One VV 316 SS plug valve Product & Drain Sample Plus One'' /" PVC ball valve Deluxe, Select One 1/4" 316 SS plug valve INSTRUMENTATION SPECIFICATIONS: Instrument Unit Description Description Pressure Gauges All 316 SS, 63mm dial, FDA approved glycerin filled, ' /a" NPT Flow Sensors All Signet 2536 paddlewheel Rotameter Brine Skid King Instruments 7200 series rotameter Hardness Monitor Plus, Deluxe Optional (See Options Section) Hach SP -510 Select Included - Bach SP -510 Pressure Differential Switch Optional Kit 316ss process connection and diaphragm, '/<" NPT PTI Series Softeners Page 6 Rev. 1, February 2009 S5131 -020 251 -56 SIEMENS High Purity Solutions Standard Products CONTROLS SPECIFICATIONS FOR PLC PACKAGES (PLUS, DELUXE AND SELECT MODELS): Main control panel Activation of this signal confirms that the Softener is in a Solenoid panel (Unit B) Carbon Steel enclosure, frame mounted, NEMA 4, ANSI Solenoid panel (Unit C) 61 gray Brine injection pump panel condition. (Dry contacts) Programmable Logic Controller Siemens S7/200 CPU224XP w/ Ethernet (PLC) intro step of a regeneration cycle. The contacts are wired to the Discrete 24 point (14 input and 10 output) (Expandable) PLC input/output Analog 2 input and 1 output (Expandable) Discrete 8 point output module(s) for larger configurations HMI — Color Touch Screen Siemens TP17713 DP /PN with Ethernet Shutdown alarms Emergency Stop Pushbutton Activated All alarms (popup alarm banner) Product flow, drain flow HMI status indicator /value Process inlet, process outlet, backwash outlet, backwash inlet, brine inlet, rinse outlet valve status Softener status FV -07A Open (All configurations) FV -07B Open (Duplex & Triplex configurations) FV -07C Open (Triplex configurations) O£fline / online select Regeneration cycle method select HMI Switches / Pushbuttons / Manual regeneration cycle initiate Pilot Lights Regeneration cycle step advance Regeneration cycle step hold Totalized flow reached — regeneration cycle start delay Totalized product flow reset Alarm silence Alarm reset Pump running pilot light (on Brine Injection Pump Panel) Miscellaneous controls Alarm hom and alarm pilot light Auxiliary contacts for fault INTERFACE COMMUNICATION SPECIFICATIONS: In regeneration cycle Activation of this signal confirms that the Softener is in a regeneration cycle. (Dry contacts) Fault Activation of this signal confirms that the Softener is in a fault condition. (Dry contacts) Activation of this signal confirms that the Softener is in brine Brine Pump intro step of a regeneration cycle. The contacts are wired to the Brine Injection Pump Panel. (Dry contacts Backwash Pump Activation of this signal confirms that the Softener is in backwash step of a regeneration cycle. (Dry contacts) S5131 -020 251 -57 EMEM High Purity Solutions Standard Products REGULATIONS & STANDARDS: Pressure Vessel Codes None Drawings Optional: ASME Section VIII Surface Preparation SSPC SP -10 for vessel interior Quality Documents SSPC SP -6 for external steel surfaces Electrical NEMA 4 Seismic Rating IBC (2006) S Si = 1.1 471/11.3 Ss = 2.5 1104/13.2 Seismic Use = Group I S Seismic Design Category = E 770/17.5 Site Class — B 1571/19.3 Response Modification Factor = 3 S Concrete = 3000 psi minimum ultimate 28 day strength. Piping Hydrotested to 100 psig DOCUMENTATION PACKAGE: Documents Storage, installation and operating instructions Drawings Process & Instrumentation Diagram (P &ID), General Arrangement w (GA) and Electrical Schematic (Plus, Deluxe, and Select) Quality Documents None 120 x 96 Optional: U-lA form with ASME Code vessels PRESSURE DROP SPECIFICATIONS: All pressure drops are based on a simplex unit with a clean bed. Pressure drop includes all loses from the inlet flange to the outlet flange on the face piping. Interconnect piping on duplex and triplex systems are not included in these calculations. All values are approximate, based on schedule 80 PVC, and 77 °F water. * S is simplex. For Duplex systems, the flow rate doubles and for Triplex, the flow rate triples, but the pressure drop remains the same. ** Flow at 5 gpm/ft3 is limited by 20 gpm/fe for 84" dia, and above. The same is true for all sizes at 7 gpm/ft3. PTI Series Softeners Page 8 Rev. 1, February 2009 S5131 -020 251 -58 *� Flow (gpm) / Pressure Drop (psi) w 72 x 72 84 x 84 96 x 96 120 x 96 0 U 3 gpm/ft3 S 297/9.0 471/11.3 708/14.9 1104/13.2 5 gpm/ ft3 ** S 495/12.6 770/17.5 1005/21.7 1571/19.3 7 gpm /ft3 ** S 565/14.3 770/17.5 1005/21.7 1571 / 19.3 * S is simplex. For Duplex systems, the flow rate doubles and for Triplex, the flow rate triples, but the pressure drop remains the same. ** Flow at 5 gpm/ft3 is limited by 20 gpm/fe for 84" dia, and above. The same is true for all sizes at 7 gpm/ft3. PTI Series Softeners Page 8 Rev. 1, February 2009 S5131 -020 251 -58 SEEM: MEDIA SPECIFICATIONS: High Purity Solutions Standard Products * S is simplex. For Duplex systems, double the media quantities and for Triplex, triple the media quantities. REGENERATION SEQUENCE, TIMES, AND FLOW RATE: .k Media Quantities Media o (ft.'/ lbs.) 0 U 72 x 72 84 x 84 96 x 96 120 x 96 Capacity (KGrains) S 2,970 4,710 7,080 11,040 C -211 Resin S 99/4,950 157/7,850 236/ 11,800 368/18,400 #4 Quartz S 7/700 9 / 900 12/1,200 18/1,800 /" by -W' Quartz S 1 34/3,400 5115,100 72/7,200 130 / 13,000 * S is simplex. For Duplex systems, double the media quantities and for Triplex, triple the media quantities. REGENERATION SEQUENCE, TIMES, AND FLOW RATE: * Outlet Valve is provided with an adjustable travel stopped valve to be field set. PTI Series Softeners Page 9 Rev. 1, February 2009 S5131 -020 251 -59 Flow Rate pm Series (Dia- Std. Duration <40 °F 40 °F to 50 °F to 60 °F to 70 °F to 80 °F to Step Side Sht) (min) 50 °F 60 °F 70 °F 80 °F 90 °F 72X72 119 141 156 170 198 212 84X84 162 192 212 231 269 289 15 Sc U 96X96 211 251 276 302 352 377 m 120X96 330 393 432 471 550 589 m 0 72X72 20.0 d L 84X84 32.0 CO 96X96 48.0 120X96 65.0 30 3 72X72 35.5 0 84X84 56.8 LL 0 96X96 85.2 120X96 115.3 a 72X72 28.4 84X84 38.7 = R 10 96X96 50.7 0 120X96 79.5 V5 72X72 84X84 15 Service Flow Rate w 96X96 m u. 120X96 * Outlet Valve is provided with an adjustable travel stopped valve to be field set. PTI Series Softeners Page 9 Rev. 1, February 2009 S5131 -020 251 -59 SIEMENS CUSTOMER CONNECTION SPECIFICATIONS: PLUS All connections are Class 150, PVC flanges. High Purity Solutions Standard Products * One brine connection per vessel. DELUXE AND SELECT All connections are Class 150, 316L SS flanges. Config 72 x 72 84 x 84 96 x 96 120 x 96 Service Inlet & Outlet S 6" 6" 6" 8" Drain All 6" 6" 6" 8" Brine Inlet* All 2" 2" 3" 3" * One brine connection per vessel. DELUXE AND SELECT All connections are Class 150, 316L SS flanges. * One brine connection per vessel. BRINE PUMP SKID All connections are Class 150, PVC flanges. Config 72 x 72 84 x 84 96 x 96 120 x 96 Service Inlet & Outlet S 4" 6" 6" 8" Drain All 4" 6" 6" 8" Brine Inlet* All 2" 2" 3" 3" * One brine connection per vessel. BRINE PUMP SKID All connections are Class 150, PVC flanges. UTILITY REQUIREMENTS: 72 x 72 1 84 x 84 96 x 96 1 120 x 96 Brine Inlet 1.5" 2" Dilute Inlet 1.5" 2" Outlet 2" 3" UTILITY REQUIREMENTS: * Based on worst case backwash flow at elevated temperature. PTI Series Softeners Page 10 Rev. 1, February 2009 S5131 -020 251-60 72x72 1 84x84 96x96 120x96 Electrical service 120 VAC /1 Phase/60 Hz /10 Full Load Amps Brine pump skid electrical 120 VAC /1 Phase /60 Hz /13.8 Full Load Amps Feedwater pressure range All - 45 psig minimum Plus, Deluxe, and Select - 90 psig maximum recommended to prevent premature discharge of pressure relief valve Air 2 sc &n @ 80 — 100 psig clean, oil -free, dry air Drain requirements Floor & waste drains for general maintenance purposes Maximum Drainage (gpm)* 212 1 289 1 377 589 * Based on worst case backwash flow at elevated temperature. PTI Series Softeners Page 10 Rev. 1, February 2009 S5131 -020 251-60 SIEMENS PHYSICAL DIMENSION SPECIFICATIONS: High Purity Solutions Standard Products NOTE: Dimensions are for a simplex unit and do not include operating space requirements. All weights are approximate and are based on the heaviest options. SOFTENER PLUS MODELS = uimensions are Tor a single unit. uverau aimensions are eeierminea oy instalation. ** Dry unit without media SOFTENER DELUXE & SELECT MODELS v LENGTH WIDTH HEIGHT SHIP HT. WEIGHT ** WEIGHT (in / mm) (in / mm) (in / mm) (in / mm) (Ibs / kg) (Ibs / kg) 72x72* S 86/2184 101 /2565 148/3759 128/3251 3888/1767 16273/7397 84x84* S 97/2464 109/2769 163/4140 109 */2769* 5389/2450 24976/11354 96x96* S 117/2972 125/3175 17814521 125 */3175* 7411 /3369 36278/16491 120x96* S 129/3277 14413658 188/4775 129 */3277* 9900/4500 55007/25004 = uimensions are Tor a single unit. uverau aimensions are eeierminea oy instalation. ** Dry unit without media SOFTENER DELUXE & SELECT MODELS = Dimensions are for a single unit. Overall dimensions are determined by installation. Dry unit without media Brine Pumping Skids LENGTH WIDTH HEIGHT WEIGHT I OPERATING PTI Series Softeners Page 11 Rev. 1, February 2009 S5131 -020 251-61 m c C) LENGTH WIDTH HEIGHT SHIP HT. SHIPPING WEIGHT ** OPERATING WEIGHT I (in / mm) (in / mm) (in / mm) (in / mm) (Ibs / kg) (Ibs / kg) 72x72* HF 84/2134 92/2337 148/3759 128/3251 4065/1848 16450/7478 84x84* HF 95/2413 106/2692 163/4140 106/2692 5896/2680 25483/11584 96x96* HF 115/2921 113/2870 178/4521 113/2870 796413620 36831/16742 120x96* HF 138/3505 146/3708 188/4775 146/3708 10696/4862 55803/25366 = Dimensions are for a single unit. Overall dimensions are determined by installation. Dry unit without media Brine Pumping Skids LENGTH WIDTH HEIGHT WEIGHT I OPERATING PTI Series Softeners Page 11 Rev. 1, February 2009 S5131 -020 251-61 SIEMENS ORDERING INFORMATION MATRIX Vantage® PreTreatment - Industrial (PTI) Softener Sample Part Number: PTI Softener High Purity Solutions Standard Products DELUXE - (316L SS piping, PVC Internals, PLC /HMI) SELECT - (316L SS piping & internal dist, PLC HMI) DUPLEX TRIPLEX (Plus, Deluxe, and Select Only) ASME Section VIII Div 1 (Plus, Deluxe, and Select Only) 84" Dia X 84" Side Sheet 96" Dia X 96" Side Sheet 120" Dia X 120" Side Sheet OPTION KITS (Separate PO fine Items) Option Option Kit # I Description Hardness Monitor 24/S5134 -163 Hach SP -510 Option kit for Plus and Deluxe Trim Packages Pressure Differential Switch 24/S7102 -160 Ashcroft, Differential Pressure Switch with PVC isolation valves, 316ss process connections and diaphragm, ' /a" NPT PTI Series Softeners Page 12 Rev. 1, February 2009 S5131 -020 251-62 APPENDIX C Estimate of Probable Construction Costs Alternative 1 - Mixing Mixing at John Garthe Reservoir (Blending Only) Capital Costs Item 4uantity Lipit i Dr ttriptiorf Unit Cast , Total Cbst 1 LS Well 32 Rehabilitation $500,000 $500,000 Well 32 Reconstruction (Raise Well out of Vault and Construct $1,600,000 1 LS Building) $1,600,000 1 LS Construct 12" PVC Pipeline To Garthe Reservoir $1,000,000 $1,000,000 Subtotal: $3,100,000 Engineering, Legal, Administrative @ 20% Contingency @ 30% $620,000 $930,000 Total Capital Coss CITY OF SANTA ANA 251 -64 TETRA TECH, INC. Alternative 2 - Mixing Mixing at John Garthe Reservoir (Fill Reservoir) Capital Costs LS Well 32 Rehabilitation $500,000 $500,000 Well 32 Reconstruction (Raise Well out of Vault and Construct $1,400,000 LS Building) $1,400,000 LS Construct 16" PVC Pipeline To Garthe Reservoir $1,150,000 $1,150,000 Subtotal: $3,050,000 Engineering, Legal, Administrative @ 20°/ Contingency @ 30% $610,000 $920,000 ITOWCapltal Costs $4,580,00 CITY OF SANTA ANA 251 -65 TETRA TECH, INC. unit Total Item. Quantity!] ; Unit �eserPption' °` cost- cast LS Well 32 Rehabilitation $500,000 $500,000 Well 32 Reconstruction (Raise Well out of Vault and Construct $1,400,000 LS Building) $1,400,000 LS Construct 16" PVC Pipeline To Garthe Reservoir $1,150,000 $1,150,000 Subtotal: $3,050,000 Engineering, Legal, Administrative @ 20°/ Contingency @ 30% $610,000 $920,000 ITOWCapltal Costs $4,580,00 CITY OF SANTA ANA 251 -65 TETRA TECH, INC. Alternative 3 - Mixing Mixing at Memory Lane PRS Capital Costs 1 LS Well 32 Rehabilitation $500,000 $500,000 Well 32 Reconstruction (Raise Well out of Vault and Construct $1,500,000 $1,500,000 1 LS Building) 1 LS Construct 16" PVC Pipeline To Memory Lane PRS $670,000 $670,000 1 LS Construct Memory Lane PRS $460,000 $460,000 Subtotal: $3,130,000 Engineering, Legal, Administrative @ 200% $626,000 Contingency @ 30% $944,000 Total Capital Costs $4,700,0001 CITY OF SANTA ANA 251 -66 TETRA TECH, INC. Unit Total Item Quantity Unit Description .Cost Cost 1 LS Well 32 Rehabilitation $500,000 $500,000 Well 32 Reconstruction (Raise Well out of Vault and Construct $1,500,000 $1,500,000 1 LS Building) 1 LS Construct 16" PVC Pipeline To Memory Lane PRS $670,000 $670,000 1 LS Construct Memory Lane PRS $460,000 $460,000 Subtotal: $3,130,000 Engineering, Legal, Administrative @ 200% $626,000 Contingency @ 30% $944,000 Total Capital Costs $4,700,0001 CITY OF SANTA ANA 251 -66 TETRA TECH, INC. Alternative 4~Treatment Off-Site Regeneration Capital and Operating Costs 1 LS Treatment Plant (Qff-Site Generation) $E,700000 $5,700000 1 LS Well 3%Rehabilitation $500,000 $500.000 Well 32 Reconstruction (Raise Well out vf Vault and Cnnstrvcl 1 LS Building) $1,600,000 $1'800,000 Subtotal: $7,800,000 Engineering, Legal, Administrative @200% $1,560,000 Contingency @ 30% $2340,000 TvtwAnnva|()poraUn8Cnot(T,oatmontP|ant) 8,600,000 CITY OF SANTA ANA ��U�� ��U���K TETRA TECH, INC. m6r� Quantity] Unit cost 1 LS Treatment Plant (Qff-Site Generation) $E,700000 $5,700000 1 LS Well 3%Rehabilitation $500,000 $500.000 Well 32 Reconstruction (Raise Well out vf Vault and Cnnstrvcl 1 LS Building) $1,600,000 $1'800,000 Subtotal: $7,800,000 Engineering, Legal, Administrative @200% $1,560,000 Contingency @ 30% $2340,000 TvtwAnnva|()poraUn8Cnot(T,oatmontP|ant) 8,600,000 CITY OF SANTA ANA ��U�� ��U���K TETRA TECH, INC. Well 32 Reconstruction (300 hp) Capital Costs 1 LS Demolition of Old Well Vault $30,000 $30,000 Total.= IfeSn ', Civantity: unit Description Csist Cost 1 LS Demolition of Old Well Vault $30,000 $30,000 1 LS Extend Well Casing $60,000 $60,000 1 LS Construct CMU Well Building $610,000 $610,000 1 LS Construct Well and Well Head $200,000 $200,000 1 LS Construct Well Piping $120,000 $120,000 1 LS Site Improvements $100,000 $100,000 1 LS Sodium Hypchlorite System $40,000 $40,000 1 LS Electrical and Telementry $180,000 $180,000 1 LS Programming $20,000 $20,000 1 LS Landscaping $20,000 $20,000 1 LS Shoring and Safety $20,000 $20,000 Subtotal: $1,400,000 ITotall Capital Casts Total Annual Operating Cost CITY OF SANTA ANA 251 -68 TETRA TECH, INC. Well 32 Reconstruction (300 hp) Capital Costs Item ;Quantity # U�Sit �Qe$cription = Urit Totat 'Cost Extend Well Casing $60,000 $60,000 Coast Construct CMU Well Building 1 LS Demolition of Old Well Vault $30,000 $30,000 1 LS Extend Well Casing $60,000 $60,000 1 LS Construct CMU Well Building $610,000 $610,000 1 LS Construct Well and Well Head $200,000 $200,000 1 LS Construct Well Piping $150,000 $160,000 1 LS Surge Provisions $170,000 $170,000 1 LS Site Improvements $100,000 $100,000 1 LS Sodium Hypchlorite System $40,000 $40,000 1 LS Electrical and Telementry $180,000 $180,000 1 LS Programming $20,000 $20,000 1 LS Landscaping $20,000 $20,000 1 LS Shoring and Safety $20,000 $20,000 Subtotal: $1,600,000 Total Capital Costs $1,600,050 CITY OF SANTA ANA Total Annual Operating Cost 251 -69 TETRA TECH, INC. Well 32 Reconstruction (150 hp) Capital and Operating Costs lterrt Quantity: Uni# DesCin tloi�� Unit C- At Total 1 LS Demolition of Old Well Vault $30,000 $30,000 1 LS Extend Well Casing $60,000 $60,000 1 LS Construct CMU Well Building $610,000 $610,000 1 LS Construct Well and Well Head $180,000 $180,000 1 LS Construct Well Piping $150,000 $150,000 1 LS Site Improvements $100,000 $100,000 1 LS Sodium Hypchlorite System $40,000 $40,000 1 LS Electrical and Telementry $170,000 $170,000 1 LS Programming $20,000 $20,000 1 LS Landscaping $20,000 $20,000 1 LS Shoring and Safety $20,000 $20,000 Subtotal: $1,400,000 Total Capital Costs' 1,400 00 CITY OF SANTA ANA Total Annual Operating Cost 251 -70 TETRA TECH, INC. ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project: Memory Lane PRS Client: City of Santa Ana Date: January 30, 2013 v "` a 'n.�e'h at 1 ' `1$,L .; F a . sue.- , -a's�F `=`., _- c.- ss'�bd!5�:..ti' 1 -i � yv dY[.+re +k3 �.xax c� IG 1 1 LS Mobiltzetion, Dcarobilintlon, and Clean -u' $15,000 $15,000 2 l LS Site Demolition and Grading $50,000 $50,000 3 t LS Site Improvements $37,800 $37,800 4 1 LS Piping and A urtenances $260000 $260,000 5 l LS Electrical, Telenra and Pro rourmi Im rovemant $80,000 $80,000 6 t LS Landscaping $10,000 $10,000 7 1 LS Famish and Install Soletv Measure: $5,000 $5,000 •Ifrt_. ♦3 frSL kfiFik �o�r` 3.uvl.. ri./'us a4 Y flTS �"5.:? �-. M _.. x" fiyyS S°�t ?. 1. i ua3 x 'F` F 1 if „t �'FF '�' S fS %'Y'<i.0 This .,t estimate is an eelimalc only. These fades m, supplied ns o6nac only. This E. is net msponsihle for fncllmtion in cast of mmerinl, labor, or mmponenla, or unforeseen comingencics. Alternative Cost Estimates 251 -71 Tetra Tech, Inc. City of Santa Ana Memory Lane PRS Preliminary Engineer's Estimate of Probable Construction Cost P: \P00597 \0086 \ProjectData \05 \Cost Estimate \Alternative Cost Estimates 251 -72 n X { 1 1 LS Mobilization, Demobilization, and Clesuk-up $15,000 $15,000 2 1 LS Site Demolition and Grading $50,000 $50,000 1 LS Assume 5 days at 4000 /day $50,000 $50,000 3 1 LS Site Improvements $37,800 $37,800 100 LF Construct Block Wall (Rawlings Res $600 /LF; this is less complex) $200 $20,000 120 SF Construct Concrete Driveway $40 $4,800 400 SF Concrete Pad $20 $8,000 1 LS Construct 12' wide gate $5,000 $5,000 4 1 LS Piping and Appurtenances $260,000 $260,000 1 EA , 6" Pressure Reducing Valve ($12, 000+ 50% installation, tax, marku and shipping) $18,000 $18,000 1 EA 10" Comb Pressure Reducing & Flow Control Valve ($15,000+ 50% $22,500 $22,500 1 EA 6" Butterfly Valve ($1,600 + 50%) $2,400 $2,400 1 EA 10" Butterfl y Valve $2,000 +50 %) $3,000 $3,000 1 EA 16" Butterfly Volvo $3,200 +50 % - Well 32 interconnection $4,800 $4,800 4 EA V AV $2,000 $8,000 20 LF 16" Steel Pie $400 $8,000 20 LF 10" Steel Pie $330 $6,600 20 LF 6" Steel pipe $270 $5,400 6 EA Pie Su orts $500 $3,000 1 EA 10" Flow Meter (mag meter $15,000 $15,000 I 1 EA 16" Flow Meter (ma meter) $8,000 $8,000 1 EA Static Mixer $25,000 $25,000 1 EA Sure Provisions $100,300 $100,300 1 EA Nitrate Residual Analyzer $15,000 $15,000 3 EA Connection to existing 16 piping $5,000 $15,000 5 1 LS Electrical, Telemetry and Programming Improvements $80,000 $80,000 6 1 LS Landscaping $10,000 $10,000 7 1 LS Furnish and Install Safety Measures $5,000 $5,000 - 3)157o.`Ql�'?".i4;*EN.. '€ P: \P00597 \0086 \ProjectData \05 \Cost Estimate \Alternative Cost Estimates 251 -72 Alternative 1 - Memory Lane Pipeline 16" Well 32 Transmission Line Construction Cost Estimate Items ; QUantity' Unit bescYjPtjon $496,000 � Total Cost Valves and Appurtenances (Assume 4% of Pipeline Cost) $20,000 $20,000 in.A, C SSt Connection at Well 32 3100 LF Construct 16" PVC Pipeline $160 $496,000 LS Valves and Appurtenances (Assume 4% of Pipeline Cost) $20,000 $20,000 1 EA Connection at Well 32 $5,000 $5,000 1 EA Connection at PRS (Memory Lane) $5,000 $5,000 41500 SF Pavement Slurry Seal (Half of Memory Lane) $0.50 $20,750 LS Prepare and Set -up Traffic Control $40,000 $40,000 LS Sheeting, Shoring and Bracing $10,000 $10,000 LS Mobilization, Demobilization, and Cleanup $60,000 $60,000 Subtotal: $656,750 Contingency (30 %): $198,000 Total: $854,750 CITY OF SANTA ANA 251 -73 TETRA TECH, INC. Alternative 2 - Garthe Reservoir Pipeline 16" Well 32 Transmission Line Construction Cost Estimate 3250 LF Construct 16" PVC Pipeline Unit Total Item Quantity 17 Unit Description Colt Cost 3250 LF Construct 16" PVC Pipeline $160 $520,000 200 LF Bore and Jack (30" steel casing) $1,500 $300,000 Valves and Appurtenances (Assume 4% of Pipeline $21,000 $21,000 LS Cost) 1 EA Connection at Well 32 $5,000 $5,000 1 EA Connection at Garthe $5,000 $5,000 38000 SF Pavement Slurry Seal (Half of Memory Lane) $0.50 $19,000 1 LS Prepare and Set -up Traffic Control $70,000 $70,000 LS Sheeting, Shoring and Bracing $10,000 $10,000 LS Mobilization, Demobilization, and Cleanup $60,000 $60,000 Subtotal: $1,010,000 Contingency (30 %): $303,000 Total: $1,313,000 Constructi*n Most Estimate $1,313,0 CITY OF SANTA ANA 251 -74 TETRA TECH, INC. Alternative 2 - Garthe Reservoir Pipeline 16" Well 32 Transmission Line Construction Cost Estimate Item , Quantity Unit Description, Unit Total - Cost Cos{ 3250 LF Construct 16" PVC Pipeline $200 $650,000 200 LF Bore and Jack (30" steel casing) $1,500 $300,000 Valves and Appurtenances (Assume 4% of Pipeline $26,000 $26,000 LS Cost) 1 EA Connection at Well 32 $5,000 $5,000 1 EA Connection at Garthe $5,000 $5,000 38000 SF Pavement Slurry Seal (Half of Memory Lane) $0.50 $19,000 1 LS Prepare and Set -up Traffic Control $70,000 $70,000 LS Sheeting, Shoring and Bracing $10,000 $10,000 LS Mobilization, Demobilization, and Cleanup $60,000 $60,000 Subtotal: $1,145,000 Contingency (30 %): $343,500 Total: $1,488,500 Construction Cost Estimate ; 1,489,000 CITY OF SANTA ANA 251 -75 TETRA TECH, INC. PVC /DI Pipe Cost Per Linear Foot Calculation PVC Pipe Cost Per Linear Foot Size /inches) 1 1 16 Installation $ 40 Provide cost data PVC $ 30 25% Additional - Restrained Joints $ - $ 4 $ - Pipe Zone (Sand) $ 2 $ 5 $ 2 Pavement Repair $ 53 $ 75 $ 53 Backfill with on -site soil $ 20 cy < -- -Enter Value Trucking (transportation) $ Installed Pipe Cost ($ /If) Option - Slurry Backfill $ 55 $ 154 $ 55 Slurry Backfill Add $ 29 $ 57.28 $ 29 Installed Pipe Cost ($ /If) Option - Imported Backfill $ 84 $ 211 $ 84 Imported Backfill Add $ 11 $ 22 $ 11 Installed Pipe Cost ($ /If) $ 66 $ 176 $ 66 Enter the following data < -- -Enter Pipe Sizes < -- -Enter Installation Cost from PVC -DI Equipment and Manpower Spreadsheet <.. -Enter Pipe Cost Avg depth to top of pipeline 5 feet < ... Enter Value Provide cost data % of Pipe Length - Restrained 25% < ... Enter Value Sand $ 16 ton <-- -Enter Value Pavement $ 16 sf <-- -Enter Value Slurry $ 125 cy <-- -Enter Value Imported Backfill $ 20 cy <-- -Enter Value Haul Off (loading, disposal fee) $ 20 cy < -- -Enter Value Trucking (transportation) $ 15 cy < -- -Enter Value Assumptions: Pipe zone equals 4- inches of bedding below the pipe, 8- inches on either side of the pipe and 12- inches above the F Trench width equals pipe diameter plus 8- inches either side Pavement Repair is trench width plus 24 -inchs (t -cut repair, 12- inches on each side of the trench) Pavement Structural Section 12 "AC Restrained pipe is assumed to be about 1.5 times more than straight pipe. Installed price does not include pipe appurtenances (valves, air /vacs, blow -offs, etc) Material price needs to include Contractor mark -up for profit as well as shipping and tax 251 -76 >ipe PVC /DI Pipe Cost Per Linear Foot Calculation 251 -77 thiCifil EpFpsi OF PROBAPPI EQUIPMENT, PVOIDI PIP. is i)etl: Iwo Pipu Phil romiunl Tera':'ipeimr: "I,;"...neolo'.1Plnlnllrn JUnlrlorror PVC, PIP. IOaIrrllnllon wLh LUJ rmrF'aeolL losaieft.p,e Lne40V Epllf IPM left 2B %—Enter Value zy.-1 a. Ill n,m u. m .ml.c'. L Pill wuTill ,nJrcgnirem auu. c,Ilm r. m.b BengrY Fly, wmy grW �nanr LP HR I 5150 1 I "Ill $it I Fdp,,1LanJn Cleary IIF 1 170 1 1 1p $16 Lnl HR c$aR �:: ?'9 i n A buck � IIR Aanrnw TYlrlyul Paotlw'IIrm RUUIWanJ wll eI NROMrr'J COnrlillona 900 XItlaY a mee Pln. S A SJO Uh1n1nck IIR 1 Pem,Il.aro mh m, rvrrnlna,.n9a 1 ai Illy Ilrrrls eu,r meanly y,omng. ae„mP, Napran old, mnrvpowae thi 0111 -fil m,Inrvmanla 111. Frl.c l r.11alol S7F'rnM4` <.Tl; U :.ii�' 1 1 n' }"31Yj• IIii': 1 Purv'man in Hit SIOp 5 l O:vanrs Sly 11J0 SI J Trvokun S'10 l a LAmma ssp n Oovrhafwyvr FUlxuan m S Nm 5x6 Deterlmine mmkel contlltions to eslimale profit'. left 2B %—Enter Value zy.-1 a. Ill n,m u. m .ml.c'. L Pill wuTill ,nJrcgnirem auu. c,Ilm r. m.b BengrY Fly, wmy grW �nanr LP 15 fly $it $it plcmx'+a R End- an .. VnPrale paMt.b..... le Ma lreluw sCC11 $^'I $19 $16 .1�LF FE ti Y'i'54 BiiU Idl c$aR �:: ?'9 i n A r' 3 Deterlmine mmkel contlltions to eslimale profit'. left 2B %—Enter Value zy.-1 a. Ill n,m u. m .ml.c'. L Pill wuTill ,nJrcgnirem auu. c,Ilm r. m.b BengrY Fly, wmy Mmk.t Me to nv neck bg . a.vornl maaorel 2 V -11 r Praionaroml s1lP1 ofil lPl "— rok I'll vi Inevaml li J lrn) Plot v.11 .oh i very 6uvy, ravr bl'Ol plcmx'+a R End- an .. VnPrale paMt.b..... le Ma lreluw 9Mwll hrgM1 rrsN pr.l..l ¢596 oPRm:z I) 1 rJ'niscoo mn emamrwm mr nrratla,rvn oe Lrve ,,, AMUaoe Pit gear, We.nx. eJNrrrwr W,ullnw early, Fell for, Ilh'IT'.FdF OP PIPE'PA Poll! LF 711 . y1j -,l UUx, rates from Table 2 below Egeipmynl L] SIA SIS Clan po:wr LF SI6 ER9 tll S19 Oelerlmine mai conditions Io estlmeb profit I,yff 20 %a —Enter Value .19 fro .n nemS rmme lilfill pwaawrv) Cali ml(Iwb w re een l,e,.ey,wl Pal lab Mete plot (Homo book Is, her:mvml fall Jno([am, neck logo very W.y bw finds') "— Enter cciclJnfetl protludlon 'at.. from Table 3 below 6. L Pill wuTill ,nJrcgnirem auu. 2 V -11 r Praionaroml s1lP1 plcmx'+a R End- an .. VnPrale paMt.b..... le Ma lreluw 1'ahlel Onfor nlon rose Per 61eP 1'. Aanrnw TYlrlyul Paotlw'IIrm RUUIWanJ wll eI NROMrr'J COnrlillona 900 XItlaY a mee Pln. al„1em..yr Pem,Il.aro mh m, rvrrnlna,.n9a ai Illy Ilrrrls eu,r meanly y,omng. ae„mP, Napran old, thi 0111 -fil m,Inrvmanla 111. Frl.c l r.11alol leas r.0 x'ilhin,call bfirinal lnLLCagi,ee my, I: fil,rntlm,e,e- re.oins mr,l nlll -le"lY mynl Pronenlenr'nd n'nam riesil m PrvJ..nrrrr Oe0 lbol COwlobo.111FelaYarvinlll: Oovrhafwyvr FUlxuan m S Nm 5x6 11—lender Where Applicable tm proem b .oleo a Ill. la tan lend O.0 Sri y"'meae an.mn 9,.c numm. (rrlv.ry tole apMyl ,army Ornaaeen+ IN Sa Pcer' mJ UI: x•5 oa.are rml,e'rrer P. re,J a +Sw.nu mrg are m. ".n,i learP. "ira ."I sw cvnmmianal al "It'O tomato 10% J'ifib Rnmlem)mw Ill lac nwlp'aw+myr cmryeW Phil—wmnl araMny Su cr.ermnmm rta 2K .1— omxwrmPX Bawalerleem:pen+l m% liam 1.11h.O11.ninR)'. it'lrre 6pwle19nvmmm mn I'a.b,x) aylol slmmre t +hu, ki lsad ym cerrmenme A lalmlmrloods amrein.. mini- -....) l0•H c.ve fiF- oll —lPwatl wmw, Infil l Tta"llftrcMAxROyllon In Prvbrerbe LI'e se", Ina � allr. ynnnlnrnY ltlumif ml 30Y. .s"r Pip, lneelleROn Nd ien RC1, 1LF /Iii 250 flld, Ilrrs mn mmymae aepay l le choso the. rn yeamak.nly. '1 reppearl 111 aral'Illy Inm pn1 a-1 1m Plmm mr unmemrrl a I'll of 1—t hi l.na 11 aal ���n��w.. m'nem.ny,e.mrn"Ps- 251 -78 =n uwu svnmonpnumecaer minm�nBSU.erliubr.melevR„rmnn c.rl.rmm�lry Appendix C Well 32 Nitrate Removal Plant (Off -Site Regeneration) Capital Costs Dean, Qnantlty 'Unit Cost Total Site Miscellaneous Site Work 1 12,000 LS 12,000 Yard Piping 1 15,000 LS 15,000 Equipment IX Filters, Piping and Valves 1 4,725,000 E A 4,725,000 Backwash Pumps 2 12,000 E A 24,000 E Booster Pumping 1 20,000 A 20,000 Structural Backwash Tank - 60,000 gal 1 90,000 LS 90,000 Miscellaneous Structural Concrete and Steel 1 30,000 LS 30,000 Canopy 1 40,000 LS 40,000 Electrical 1 50,000 LS 50,000 Instrumentation and Controls 1 25,000 LS 25,000 Painting and Coatings 1 12,000 LS 12,000 Mobilization and Demobilization 1 25,000 LS 25,000 Subtotal $5,068,000 Insurance and Bonds @ 2% $101,400 Contractor's Overhead and Profit @ 10% $506,800 Subtotal Construction Cost $5,676,200 Engineering, Legal, Administrative @ 20% $1,135,200 Contingency @ 20% $1,135,200 Total Capital Cost $7,946,600 251 -79 Appendix C Well 32 Nitrate Removal Plant (Off -Site Regeneration) Annual Operation and Maintenance Costs Item Quantity unit Cost Total Treatment Plant Power Treatment Plant and Booster Pumping Labor (12 hrs /week) Miscellaneous Materials fX Media Replacement Total Annual O &M Cost 400,000 0.120 $ /kwh 48,000 624 100 $ /HR 62,400 1 15,000 LS 15,000 1 7,900,000 LS 7,900,000 Table 3 -5 Well 32 Nitrate Removal Plant (Off -Site Regeneration) Unit Costs $8,025,400 Description Annual Costs Plant Capacity (GPM) 2,500 Plant Factor 0.950 Annual Water Production (AF /YR) 3,800 Amortized Capital Cost ($ /YR) (') $487,800 Total Annual O &M Cost ($ /YR) $8,025,400 Total Annual Cost ($ /YR) $8,513,200 Unit Capital Cost ($ /AF) $128 Unit O &M Cost ($ /AF) $2,112 Total Unit Cost ($ /AF) $2,240 (') Amortized Capital based on 4.5% interest for 30 years CFR= 0.061391 251 -80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -49 TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO, 2014 -07 TO ALLOW A REDUCTION IN BUILDING SETBACKS AND VARIANCE NO. 2014.08 TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE AT 325 THROUGH 403 NORTH SUSAN STREET - THE JOHN HENRY FOUNDATION {STRATEGIC PLAN NO . 3, 2; 6,3) CITY MANAG R 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 Receive and file the staff report approving Conditional Use Permit No. 2014 -49 as conditioned, Variance No. 2014 -07 as conditioned, and Variance No. 2014 -08 as conditioned. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -49 to allow the expansion of a care home facility at 325 through 403 North Susan Street as conditioned; Variance No. 2014 -07(a) to allow a reduction in front yard setbacks, Variance No. 2014 -07(b) to allow a reduction in rear yard setbacks, and Variance No. 2014 -07(c) to allow a reduction in building separation setbacks for 325 and 403 North Susan Street as conditioned; and Variance No. 2014 -08 to allow an increase in the front yard fence height at 325 through 403 North Susan Street as conditioned by a vote of 7:0 located in the Two - Family Residential (R2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The existing care home village located at 403 North Susan Street was approved in 1970 through Variance No. 1970 -21. The applicant, The John Henry Foundation, proposes to incorporate two homes south of the existing facility at 325 North Susan Street into the complex. This will expand their housing and support services to serve 12 additional residents for those with special needs and /or disabilities. As part of the expansion proposal, both exterior and interior improvements will be made. These include a redesign of the site to improve vehicular and pedestrian access, architectural enhancements to two buildings, and interior improvements to all of the structures to make them consistent with the program operations of the Foundation. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 January 20, 2015 Page 2 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) and Goal No. 5 Community health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action Vince Fregoso, Al ecto)r Interim Executive Planning & Building Agency MM,rb WREPORTWMCUP 14 -48 VA 14- 07 &08,w Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE: PUBLIC HEARING — FILED BY THE JOHN HENRY FOUNDATION FOR CONDITIONAL USE PERMIT NO. 2014 -49 TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO. 2014 -07 TO ALLOW A REDUCTION IN BUILDING SETBACKS AND VARIANCE NO. 2014 -08 TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE AT 325 THROUGH 403 NORTH SUSAN STREET (STRATEGIC PLAN NOS. 3, 2; 5, 3) Prepared by Melanie G. McCann Interim Executive Direct PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CK�IpYil�ti {�iSiiC Acting lannln anager 1. Adopt a resolution approving Conditional Use Permit No. 2014 -49 to allow the expansion of a care home facility at 325 through 403 North Susan Street as conditioned. Adopt a resolution approving Variance No. 2014 -07(a) to allow a reduction in front yard setbacks for 325 and 403 North Susan Street as conditioned. 3. Adopt a resolution approving Variance No. 2014 -07(b) to allow a reduction in rear yard setbacks for 325 and 403 North Susan Street as conditioned. 4. Adopt a resolution approving Variance No. 2014 -07(c) to allow a reduction in building separation setbacks for 325 and 403 North Susan Street as conditioned. 5. Adopt a resolution approving Variance No. 2014 -08 to allow an increase in the front yard fence height at 325 through 403 North Susan Street as conditioned. DISCUSSION Request of the Applicant The John Henry Foundation is requesting approval of several entitlements to allow the expansion of an existing care facility. Specifically, the applicant is requesting approval of a conditional use permit to allow the expansion of an existing care home facility, a variance from Sections 41 -249, 41 -251 and 41- 254 of the Santa Ana Municipal Code (SAMC) to reduce the required building setbacks, and from Section 41 -610 to allow a front yard fence that exceeds the maximum height of three feet. EXHIBIT A 31A-3 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014-08 December 8, 2014 Page 2 Proiect Location and Site Description The proposed project site consists of two existing parcels located on North Susan Street between First and Fifth Streets. The northern parcel, located at 403 North Susan Street, is approximately 39,000 square feet in size and is home to The Jahn Henry Foundation State licensed adult residential care facility. This site contains seven buildings: five residential structures that range in size from 1,072 to 2,340 square feet (7,275 total square feet for all five residential structures); with the remaining two buildings consisting of the administrative office and meeting room functions and total 991 square feet. The southern parcel, located at 325 South Susan Street, is approximately 19,200 square feet in size and contains two single- family residences. These two structures are 1,747 and 2,095 square feet in size and will be incorporated into the existing care home village. The project site is surrounded by commercial uses to the north and east, multiple- family to the south and east, and single - family residences to the west (Exhibits 1, 2 and 3). Proiect Background The existing care home village located at 403 North Susan was approved in 1970 through Variance No, 1970 -21. This variance allowed the conversion of six existing single - family residences to "small family care homes," with one or two -car garages with a maximum occupancy of five persons per structure, for a total of 30 residents. In 2003, The John Henry Foundation purchased the site and obtained a certificate of occupancy to operate the existing care home facility. In 2011, the Foundation purchased the two homes south of the existing facility at 325 South Susan Street with a desire to expand their housing and support services to provide for those with special needs and /or developmental disabilities. Proiect Description The applicant proposes to expand the existing care home facility, which serves adult men and women with special needs, by incorporating the two single- family residences to the south into the existing campus. As part of the expansion proposal, both exterior and interior improvements will be made. These include a redesign of the site to improve vehicular and pedestrian access, architectural enhancements to two buildings, and interior Improvements to all of the structures to make them consistent with the program operations of the Foundation. If approved, the care home village will include a total of eight individual buildings, This includes five residential structures from the existing approved care home facility, the incorporation of two additional residential structures on the south parcel, and the existing office building. The office will also be expanded to approximately 1,800 square feet in size to replace the existing modular structure on the site (Exhibit 4). 31A-4 CUP 2014 -49, VA No. 2014-07 & VA No, 2014 -08 December 8, 2014 Page 3 The proposed facility will comply with the City's parking standards. The zoning code requires one space for every three beds for a care home use plus three spaces per 1,000 square feet for office uses. Based on the proposed 42 resident capacity and 1,800 square feet of office area, a total of 20 parking spaces are required with 21 parking spaces provided. The primary vehicular access to the site will be from the south driveway, with the required parking located towards the rear of the property. The required trash /recycling enclosure and loading area will also be located adjacent to the parking area. Due to the nature of the care home service population, meals for the residents are provided daily in the dining room located within Building 5. In addition, the one and two -car garages that were converted without permits are proposed to be formally converted into common space such as a laundry room, recreation /exercise room, office and storage. In some cases, the garage has been reconfigured to provide additional bedrooms and common area for the residence of the individual units. Each residential structure will be licensed to provide supportive housing for a maximum of six adult residents (Exhibit 5). The two residential structures proposed to be incorporated into the campus will be enhanced to meet the City's Design Standards, including the rehabilitation of the exterior of the structures. Building 5 exterior rehabilitation includes reintroducing Craftsman architectural features into the front porch, the addition of alternate building materials, new single -hung wood windows on the front elevation, and wood window trim (Exhibit 6). A new six -foot high decorative block wall is proposed along a portion of the south property line that will be enhanced with landscape vine pockets. In addition, a six -foot high decorative wrought iron fence and gate is proposed in the front yard along Susan Street, with a two -foot landscape buffer between the property line and the fence (Exhibits 7). The proposed care home village will meet or exceed most provisions of the Two - Family Residence (R2) standards and the care home parking requirements with the exception of the following: General Plan and Zoning Consistency The General Plan land use designation for the site is Low Density Residential (LR -7), which primarily allows for lower density residential development and uses such as care facilities, at a maximum density of seven units per acre. The proposed project is consistent with this General Plan land use designation. 31A-5 Existing (feet) Proposed (feet) Reouired (feet) Front yard 17.6 17.6 20 Rearyard 10 10 15 Building Separation 10 10 15 Front Yard Fence 6 6 3 General Plan and Zoning Consistency The General Plan land use designation for the site is Low Density Residential (LR -7), which primarily allows for lower density residential development and uses such as care facilities, at a maximum density of seven units per acre. The proposed project is consistent with this General Plan land use designation. 31A-5 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 4 The zoning for the site is Two - Family Residence (R2) zoning district. The R2 designation is a residential zone that allows single and two- family residential land uses and neighborhood serving uses such as limited adult and child care facilities. The proposed use is consistent with the zoning designation. Protect Analvsts The applicant is requesting approval of two discretionary applications in order to allow the expansion of the existing care facility. A conditional use permit is needed to expand the existing John Henry Foundation care facility to incorporate two existing residential structures to the south. This will allow the applicant to provide services to 12 additional special needs adults.. Conditional Use Permit Conditional use permits are governed by Section 41 -638 of the SAMC, and 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. 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 request, staff believes that the following findings of fact warrant approval of the conditional use permit. 31A-6 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 5 The project will provide a service or facility which will contribute to the community. Expanding the current care home will provide additional housing and support services for those in need in the community. As part of the expansion, the site will be improved with additional open space, decorative wrought iron fencing and other aesthetic improvements to create a pleasant environment for the care home residents as well as the surrounding neighborhood. Further, the care home will provide a safe and nurturing environment for people living with schizophrenia spectrum disorders that might otherwise be without housing and key support services. The expansion of the care home and support services to serve 12 additional residents will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly residential in nature. The John Henry Foundation care home provides services to care for some of the most vulnerable members of society, in a well maintained and supportive environment. Finally, the project design and ongoing site management will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding neighborhood and businesses. The proposed use will not adversely affect the economic stability of the area; but instead will provide a well maintained and operated service to the community. The expanded care home would include improvement to the property and streetscape including new decorative fencing, additional landscaping, and architectural enhancements. In addition, a number of the care home residents attend local colleges and volunteer at a number of community locations contributing the overall community. The use of the site as a secured care home, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot and on -site circulation that will bring the site into compliance with the Zoning Code. The remaining items that are not in compliance with the Zoning Code are intended to be addressed by the requested variances for setbacks and the front yard fence. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability, The care home expansion will further these goals as the care home expansion includes physical improvements to enhance the property, thereby contributing to the overall integrity of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Goal 4 seeks adequate housing opportunities and support services for people with disabilities, and people needing emergency, transitional or supportive housing. 31A-7 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 6 Variances from Setback Standards (Variance No. 2_0.14 -_07 The applicant is requesting a variance from Sections 41 -249, 41 -251 and 41 -254 of the S.A.M.0 to allow a reduction in front yard and rear yard setbacks as well as the building separation requirements in order to accommodate the proposed expansion project. More specifically, approval of the variance will recognize the location of the existing buildings and allow the existing 17 foot, six inch to 19 foot, six inch front yard setbacks to remain. In addition, relief is requested from the 15 -foot rear yard setback to allow a rear yard setback of 10 feet for Building 5, as well as relief from the 15 -foot separation requirement between Buildings 1 and 8 which is only 10 feet. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained In this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The property is located just north of First Street on Susan Street and is bound by existing development. The existing structures on the subject lot were originally constructed prior to 1970 in their existing locations, thus creating challenges in reconfiguring the site for expansion. The overall project site will be upgraded to comply with the Citywide Design Guidelines and will comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including parking, trash enclosure, and open space. 31A-8 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 7 The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a reduction in the front and rear yard setbacks as well as the building separation standard will accommodate the placement of the existing buildings and will allow the owner the ability to develop the property with a care home facility that is compatible with the Two - Family Residence (R2) zoning district. Compliance with the setback standards would result in portions of the existing structures to be demolished, which would reduce the feasibility of the proposed expanded care home and impact the property rights of the owner. The granting of the variance will not be materially detrimental to the public or surrounding properties as the buildings and site have been designed to comply with all applicable development standards except for the front and rear yard setbacks and building separation standard. The expanded office building, to be built in the center of the campus, along with the related site improvements and landscaping, will enhance this property as well as the surrounding properties. The rehabilitation of the two residential structures at 325 Susan Street, by reintroducing Craftsman architectural features such as decorative porch piers, wood window trim and wood siding accents at the eaves, will enrich the street elevation and ensure the project is architecturally compatible with the adjacent neighborhood. Finally, the project will not adversely affect the general plan as care facilities are a compatible use In the Low Density Residential General Plan land use designation, In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. The John Henry Foundation currently provides housing and support services for special needs and the developmental disabled population. The proposed project will allow the Foundation to expand upon the services they provide. Variance from Front Yard Fence Standards (Variance No. 2014 -08 The applicant is requesting a variance from SAMC Section 41- 610 to allow a six foot high decorative wrought iron fence and entry gates along Susan Street. Currently, three feet is the maximum fence height allowed within the front yard setback. The applicant contends that the increased fence height will allow the John Henry Foundation to provide a more secure environment for their special needs and developmentally disabled residents. 31A-9 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December8, 2014 Page 8 Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. • The project site has a special circumstance related to its size, shape, location and surroundings. The property Is located on Susan Street between First and Fifth Streets and Is primarily surrounded by lower density residential development. The increase in the height of the fence is needed in order to allow the property owner the ability to use the facility to its maximum potential and ensure the privacy and safety of its residents. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing relief from the maximum three -foot high front yard fence requirement will allow the owner the ability to develop the property with a care home facility that provides a secure environment and is compatible with the Two - Family Residence (R2) zoning district. Without the proposed six -foot high wrought iron fence, the care home operation and site security would be compromised, which impacts the property rights of the owner. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with the majority of the applicable development standards. The applicant is proposing to replace an existing six-foot high chain link fence with a six -foot high decorative wrought iron fence and gate with a landscape buffer along Susan Street to enrich the streetscape and pedestrian walking experience, 31A -10 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 9 The project will not adversely affect the general plan as care facilities and ancillary fencing are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed fencing for the existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood, Public Notification The project site is located within the Santa Anita Neighborhood Association boundaries. Staff and the project applicant have been in contact with the Neighborhood leaders on numerous occasions in the past. The John Henry Foundation and Neighborhood Improvement staff has attended several Neighborhood Association meetings over the past two years 'to share information regarding the proposed care home expansion. In spring of 2014, Santa Anita neighborhood leaders toured the existing John Henry Foundation Village. City staff also reached out to the owner of the multiple - family property to the south to inform them of the project. The contacts of the Neighborhood Association were notified by mail 10 days prior to this public hearing. 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 surrounding property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301 and Section 15332. These exemptions allow a project that includes the rehabilitation and limited expansion of an existing structure as well as infill development on a project site that is no more than five acres in size, is surrounded by urban uses, and is consistent with goals and policies of the City's General Plan. Categorical Exemption Environmental Review No. 2013- 29 will be filed for this project. 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) and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). 31A-1 1 CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 10 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -49, Variance No. 2014 -07 and Variance No 2014 -08 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm MAREPORTWO\GUP 14 -49 VA 14.O OS pcAm Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Existing Land Use Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 5 -- Floor Plans Exhibit 6 —Building Elevations Exhibit 7 Preliminary Landscape Plan 31A -12 ro ro S I .Ru g Al GEJMAGRaMU7AL} OR -0 MMNGMMIRM ON GC C,W CGMMMALS"WAIN MI CI COMMUMNMMMUML M2 GIND COMM. 00MMMAVMUMIM UIMMr MO Q GEIEPALMMMEFUAL 'U Q CENTWUGNE'S P Q CZMLW9NMAM9MLLAGE PCD CA PLANNE)910PENGCeM FR) 0 ARIERALMMMMAL MMMECALFE[O MAL GOVkMMHgTmm LOMNDUSTRAL HFAW INDUSMAL MILITARVG'-F+AMN9 CPEVSRCE FDFMML RANNE) ODMMUNITYDEh10FME FI.ANNFD FffiDEQI7ALOE4 OPMWf RI 9NGEFPMII.YFxSOEdIIAL. R+' iNC3FAMILVfE3UFNCE W MULTIFTED WMULIPLE FAMILYFaDE{CE PA SIEUIMANAFARIM&ITS fE i DMTAL6 AM - so SPMRCDEVMQa MT SP SrMSOPLAN CUP 2014 -49 /VA 2014 -7 & 8 JOHN HENRY FOUNDATION CARE HOME 403 NORTH SUSAN STREET - -. =500 FEE-' V= 000 PEEP P L A N N I N G A N D 6 U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A -13 C M M E R I A L ": M 1 S C C I T Y COM ERCIAL COMM. vi 5TH STREET z CO M RCI L z COMM RCIAL u COMMERCIAL w w z ` w w w RQaI�,;.T v W w v w w w - A ILY SI ENCE ul n r SINGLE J FAMILY RESIDENCE w LL LL M.F.R. w w w J LE MULTI J FAMILY FAMILY w v z RESIDENCE RESIDENCE 5 vi ¢ = M.F.R. CUP 2014 -49 /VA 2014 -7 & 8 JOHN HENRY FOUNDATION CARE HOMES 403 NORTH SUSAN STREET �y P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A -14 J � ..,'' _(g 1 x� } 545, 4�\ Fry�4 F �� K ,� ktt A��1, 1l '• a r4< 3abJ n4,.F,�i f°.t`'assF� v {,ice 4 \ � a i► SF A �T! �, ; +y, x3'E ix It 4 n NV-Id 3L8 IMM•x.� ww,x.MOf. 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I I I 5 I r I SHE. € R�y2 W 0 s Alxh' Al -4, Page 2 of 6 Un 8 a� �g gx nd _ I I I S U `s —2 I I I �x I I D Page 3 of 6 6 mM V M i 8 p y � s �aa�p6 B � ; PM.m. e TRx�mTbA+ M, ; 4�10 a 7 fY; -7 7 �Page 4 of 6 �y Y II I r I t C I m H i I q .� r 1 FiF - — L ------------------------ � -T C f � I d 3 M �^ ° i, Page 5 of 6 @ }w � R � E19 Emui _ • � S { jig EXHIBIT 6 Page I of 2 A A 0%3 vE iE Page 2 of 2 !A-24 r 41"'MWc+ME1 RESOLUTION NO. 2014 -47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -49 AS CONDITIONED TO EXPAND AN EXISTING CARE HOME FACILITY, VARIANCE NO. 2014 -07 AS CONDITIONED TO ALLOW A REDUCTION IN BUILDING SETBACKS, AND VARIANCE NO. 2014 -08 AS CONDITIONED TO ALLOW A SIX FOOT HIGH FRONT YARD FENCE FOR THE PROPERTY LOCATED AT 325 THROUGH 403 NORTH SUSAN 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 -49 to expand an existing care home facility, Variance No. 2014 -07 to allow a reduction in building setbacks, and Variance No. 2014 -08 to allow a six foot high front yard fence at 325 through 403 North Susan Street. B. Conditional Use Permit No. 2014 -49, Variance No. 2014 -07, and Variance No. 2014 -08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014, to consider all testimony, written and oral. C. Conditional Use Permit No. 2014 -49 has been filed with the City of Santa Ana seeking to allow the expansion of an existing care home facility 1. Section 41- 247.5(b) of the Santa Ana Municipal Code requires a conditional use permit for care homes in the R2 district. 2. This site contains seven buildings: five residential structures, an administrative office, and meeting room functions. A conditional use permit is needed to expand the existing John Henry Foundation care facility to incorporate two existing residential structures to the south. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Resolution No. 2014 -47 Page 1 of 12 31A-26 i. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The project will provide a service or facility which will contribute to the community. Expanding the current care home will provide additional housing and support services for those in need in the community. As part of the expansion, the site will be improved with additional open space, decorative wrought iron fencing and other aesthetic improvements to create a pleasant environment for the care home residents as well as the surrounding neighborhood. Further, the care home will provide a safe and nurturing environment for people living with schizophrenia spectrum disorders; that might otherwise be without housing and key support services. ii. 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 expansion of the care home and support services to serve 12 additional residents will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly residential in nature. The John Henry Foundation care home provides services to care for some of the most vulnerable members of society, in a well maintained and supportive environment. Finally, the project design and ongoing site management will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding neighborhood and businesses. 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 instead will provide a well maintained and operated service to the community. The expanded care home would include improvement to the property and streetscape including new decorative fencing, additional landscaping, and architectural enhancements. In addition, a number of Resolution No. 2014 -47 Page 2 of 12 31A-27 the care home residents attend local colleges and volunteer at a number of community locations contributing the overall community. The use of the site as a secured care home, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking and on -site circulation that will bring the site into compliance with the Zoning Code. The remaining items that are not in compliance with the Zoning Code are intended to be addressed by the requested variances for setbacks, building separation, and front yard fence. V. 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, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. The care home expansion will further these goals as the care home expansion includes physical improvements to enhance the property, thereby contributing to the overall integrity of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Goal 4 seeks adequate housing opportunities and support services for people with disabilities, and people needing emergency, transitional or supportive housing. D. Variance No. 2014 -07 has been filed with the City of Santa Ana seeking to allow: (a) a reduction in front yard setbacks for 325 and 403 North Susan Street; (b) a reduction in rear yard setbacks for 325 and 403 North Susan Street; and, (c) a reduction in building separation setbacks for 325 and 403 North Susan Street. Resolution No. 2014 -47 Page 3 of 12 31A-28 1. Section 41 -249 of the Santa Ana Municipal Code requires a twenty (20) foot front yard setback; section 41 -251 of the Santa Ana Municipal Code requires a fifteen (15) foot rear yard setback; and, section 41 -254 of the Santa Ana Municipal Code requires a fifteen (15) foot separation between primary structures. 2. Approval of the variance will recognize the location of the existing buildings and allow the existing 17 feet, 6 inch to 19 feet, 6 inch front yard setbacks to remain. In addition, relief is requested from the 15 feet rear yard setback to allow a rear yard setback of 10 feet for Building 5, as well as relief from the 15 feet separation requirement between Building 1 and 8, which is only 10 feet. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The project site has a special circumstance related to its size, shape and location. The property is located just north of First Street on Susan Street and is bound by existing development. The existing structures on the subject lot were originally constructed prior to 1970 in their existing locations, thus creating challenges in reconfiguring the site for expansion. The overall project site will be upgraded to comply with the Citywide Design Guidelines and will comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including parking, trash enclosure, and open space. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing a reduction in the front and rear yard setbacks as well as the building separation standard will accommodate the placement of the existing buildings and will allow the owner the ability to develop the property with a care home facility that is compatible Resolution No. 2014 -47 Page 4 of 12 31A-29 with the Two - Family Residence (R2) zoning district. Compliance with the setback standards would result in portions of the existing structures to be demolished, which would reduce the feasibility of the proposed expanded care home and impact the property rights of the owner. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the buildings and site have been designed to comply with all applicable development standards except for the front yard, side yard setbacks and building separation standard. The expanded office building, to be built in the center of the campus, along with the related site improvements and landscaping, will enhance this property as well as the surrounding properties. The rehabilitation of the two residential structures at 325 Susan Street, by reintroducing Craftsman architectural features such as decorative porch piers, wood window trim and wood siding accents at the eaves, will enrich the street elevation and ensure the project is architecturally compatible with the adjacent neighborhood. iv. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the general plan as care facilities are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. Housing Element Goal 2 seeks to provide a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Resolution No. 2014 -47 Page 5 of 12 31A-30 Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. The John Henry Foundation currently provides housing and support services for special needs and the developmental disabled population. The proposed project will allow the Foundation to expand upon the services they provide. E. Variance No. 2014 -08 has been filed with the City of Santa Ana seeking to allow an increase in the front yard fence height. 1. Section 41- 610(a)(1) of the Santa Ana Municipal Code limits front yard fences in the R2 district to three (3) feet in height. 2. The applicant is requesting a variance to allow a six (6) foot high decorative wrought iron fence and entry gates along Susan Street. The applicant contends that the increased fence height will allow the John Henry Foundation to provide a more secure environment for their special needs and developmentally disabled residents. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its size, shape, location and surroundings. The property is located on Susan Street between First and Fifth Streets and is primarily surrounded by lower density residential development. The increase in the height of the fence is needed in order to allow the property owner the ability to use the facility to its maximum potential and ensure the privacy and safety of its residents. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing relief from the maximum three -foot high front yard fence requirement will allow the owner Resolution No. 2014 -47 Page 6 of 12 31A-31 the ability to develop the property with a care home facility that provides a secure environment and is compatible with the Two - Family Residence (R2) zoning district. Without the proposed six -foot high wrought iron fence, the care home operation and site security would be compromised, which impacts the property rights of the owner. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with the majority of the applicable development standards. The applicant is proposing to replace an existing six -foot high chain link fence with a six -foot high decorative wrought iron fence and gate with a landscape buffer along Susan Street to enrich the streetscape and pedestrian walking experience. iv. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as care facilities and ancillary fencing are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed fencing for the existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301 and Section 15332. These exemptions allow a project that includes the rehabilitation and limited expansion of an existing structure as well as infill development on a project site that is no more than five acres in size, is Resolution No. 2014 -47 Page 7 of 12 31A-32 surrounded by urban uses, and is consistent with goals and policies of the City's General Plan. Categorical Exemption Environmental Review No. 2013 -29 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Conditional Use Permit No. 2014 -49, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the expansion of a care home facility at 325 through 403 North Susan Street; Variance No. 2014 -07, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow: (a) a reduction in front yard setbacks for 325 and 403 North Susan Street; (b) a reduction in rear yard setbacks for 325 and 403 North Susan Street; and, (c) a reduction in building separation setbacks for 325 and 403 North Susan Street; and, Variance No. 2014 -08, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow an increase in the front yard fence height at 325 and 403 North Susan Street. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of December, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman 31A-33 Resolution No. 2014 -47 Page 8 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -47 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31A-34 Resolution No. 2014 -47 Page 9 of 12 Conditions for Approval for Conditional Use Permit No. 2014 -49 Should the Planning Commission approve Conditional Use Permit No. 2014 -49, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 10 of 12 31A-35 Conditions for Approval for Variance No. 2014 -07 Should the Planning Commission approve Variance No. 2014 -07, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 11 of 12 31A-36 Conditions for Approval for Variance No. 2014 -08 Should the Planning Commission approve Variance No. 2014 -08, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -04 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. 4. The temporary modular structure on the site is to be removed and replaced with a permanent structure, within one year of the conditional use permit approvals. 5. Provide the Planning Division a recorded copy of Lot Merger to consolidate the two existing properties into one. 6. Provide an operation and management plan describing on -site security and good neighbor communication practices, to be approved by the Planning Manager prior to issuance of building permit. B. Orange County Fire Authority The applicant shall comply with all provision from the Orange County Fire Authority for care facility uses. Resolution No. 2014 -47 Page 12 of 12 31A-37 31A-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -09 TO ALLOW A 47 -FOOT TALL WIRELESS FACILITY FOR SPRINT PCs AT 1241 SOUTH GRAND AVENUE CROWN CASTLE, APPLICANT (STRATEGIC PLAN NOS. 3,2; 3, 5) CITY MANAGEFO RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT f 01 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on Od Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -09 as conditioned. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving modifications to Conditional Use Permit No. 2014 -09 as conditioned by a vote of 6:0:1 (Alderete abstained) to allow a 47 -foot high wireless facility screened as a monopole for Sprint PCs at 1241 South Grand Avenue located in the Light Industrial (M1) zoning district. The Planning Commission modified Condition No. 10 to require submittal of a landscape plan prior to issuance of a building permit that was in compliance with the City's industrial standards (Exhibit A). DISCUSSION Sprint PCs is proposing to modify an existing, unstealthed monopole by upgrading existing antenna and related ancillary equipment. The project will add new service antenna panels to the monopole and enhance ancillary equipment within the existing enclosure, while removing existing service antenna panels. No changes to the monopole structure are proposed as part of this project, and the facility will maintain the existing maximum height of 47 feet. The monopole and enclosure are proposed to remain in their current location, near the center of the overall site, near existing high - voltage transmission lines that assist with the stealthing of the facility. Full sized site plans are available for public viewing in the Clerk of the Council Office, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal 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), as well as Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31 B -1 Conditional Use Permit No. 2014 -09 January 20, 2015 Page 2 FISCAL. IMPACT There is no fiscal impact associated with this action. Vince Fregoso, ICP Interim Executive Wrector Planning & Building Agency AP: rb spVeporWStaff Reports for CCICUP14 -09 Sprint PCS Edlson.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST ,S PLANNING COMMISSION MEETING GATE: DECEMBER 8, 2014 TITLE, PUBLIC HEARING - FILED BY CROWN CASTLE FOR CONDITIONAL USE PERMIT NO. 2014-09 TO ALLOW A 47 -FOOT TALL WIRELESS FACILITY FOR SPRINT PCS AT 1241 SOUTH GRAND AVENUE (STRATEGIC PLAN NOS. 3,2; 3, 5) Prepared by All Pezeshkpour Interim PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting lannir Manager Adopt a resolution approving Conditional Use Permit No. 2014 -09 as conditioned. Request of Applicant Crown Castle, representing Sprint PCS, is requesting approval of a 47 -foot high wireless facility ( "monopole ") at 1241 South Grand Avenue. Major wireless communication facilities require approval of a conditional use permit (CUP) pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is located on a 7.87 -acre parcel of land located at the southeast corner of Grand Avenue and McFadden Avenue, north of Century High School. The site is currently improved with a Southern California Edison substation where yard management, transportation services, equipment storage, and vehicle dueling occurs. Structures on the site include high - voltage transformers, power poles, high - tension lines, ground equipment storage structures, and deployment offices. Land uses surrounding the site include industrial uses to the north, east and west, and Century High School to the south (Exhibits 1, 2 and 3). Project Description Sprint PCS is proposing to modify an existing, unstealthed monopole by upgrading existing antenna and related ancillary equipment. The project will add new service antenna panels to the monopole and enhance ancillary equipment within the existing enclosure, while removing existing service antenna panels. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. No changes to the monopole structure are proposed as part of this project, and the facility will maintain the existing maximum height of 47 feet. Existing and new equipment for the wireless facility EXHIBIT A 31 B -3 CUP No. 2014 -09 December 8, 2014 Page 2 will be installed within a chain -link enclosure that, when combined with the existing lease area, measures approximately 20 -feet by 25 -feet for a total of 500 square feet. The monopole and enclosure are proposed to remain in their current location, in the center of the northerly portion of the overall site, near existing high - voltage transmission lines (Exhibits 4, 5 and 6). In addition to the service antenna panel and equipment upgrades, the applicant also proposes to replace any dead and missing landscaping along Grand and McFadden Avenues. These planters are currently developed with mature trees and shrubs but contain bare patches of soil that will be planted with ground cover or other shrubs where needed. Protect Backaround In September 1999, Sprint PCS submitted plans to install the current wireless facility at the Southern California Edison substation. At the time, the project required a conditional use permit and a variance. In May 2000, Conditional Use Permit No. 00 -07 and Variance No. 00 -05 were approved for the project. The CUP permitted the construction of the current monopole, whose unstealthed design was approved in order to help the facility blend in with the nearby high - voltage transmission lines. Moreover, the current design was deemed appropriate due to the monopole's location over 200 feet away from the nearest property line, behind an existing block wall and landscaping that provide screening. f=urther, the variance permitted the construction of the facility without the required landscaping around the base of the equipment enclosure due to the requirements of Southern California Edison that prohibit potentially flammable materials, such as landscaping, on substation sites. In exchange, Sprint PCS enhanced existing landscaped areas along the site's perimeter along the Grand and McFadden Avenue frontages of the project site. Although the variance remains active, Southern California Edison has reaffirmed that for the current application, on -site landscaping and stealthing of the facility with fake tree branches would pose hazards to the day -to -day operations on the substation site, The screening provided by the existing transmission lines, block walls, and landscaping along the site's street frontages are designed to comply with the City's standards. In October 2013, Sprint PCS, represented by Core Development Services, proposed modifying the existing monopole to remove several obsolete antennas and replace them with antennas that reflect the current technology, as well as adding backup battery storage within the existing equipment enclosure. Staff review of the proposal showed that the current CUP (No. 00 -07) had expired. SAME Section 41- 198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years. As the current facility is 14 years old, the applicant was required to apply for a new CUP in order to proceed with the proposed modifications and upgrades as required by the SAMC. Core subsequently submitted application materials to request approval of a new conditional use permit, after which Sprint PCS voluntarily placed the application on hold. In October 2014, Sprint PCS, represented by Crown Castle, reapplied with the current application. 31 B -4 CUP No. 2014 -09 December 8, 2014 Page 3 General Plan and Zonina Consistenc The General Plan land use designation for the site is Industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M -1). The Light Industrial zoning district is a zone that also allows for manufacturing, industrial and warehouse uses. The proposed use is also consistent with the zoning designation. Proiect Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the Sprint PCS facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility; including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility, 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5, Repairing, repaving and restriping of a parking lot which is in poor condition; 6, The repainting of buildings on a site; and 7. The construction of a new trash enclosure. As part of the development review of the project, staff worked with the applicant to identify landscape improvements along the project site's street frontages to be required in tandem with the monopole and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of ground cover or shrubs, to deter graffiti through the planting and maintenance of landscaping materials, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41 -638 of the SAMC. Conditional use permits 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. 31 B -5 CUP No. 2014 -09 December 8, 2014 Page 4 • 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. 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 request, staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will continue to provide a service or facility which will contribute to the community. The monopole currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by maintaining cellular service and data coverage for its users in the southeast sector of Santa Ana. The issuance of a new conditional use permit will allow the current facility to continue providing a service to the surrounding community. The issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The monopole, in conjunction with the enhanced landscaping along the project's street frontages, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location within the substation and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by the existing high - voltage transmission lines, and the site will feature new and enhanced landscaping, providing additional screening for the current use's operations, and will comply with other standards outlined in the SAMC. RIUM CUP No. 2014 -09 December 8, 2014 Page 5 The monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The monopole "s location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. A monopole disguised by existing transmission lines on the project site, located over 200 feet away from the nearest street frontage, and behind a block wall and landscape buffer, provides the best stealth possible for this location. This configuration and design also minimizes fire hazards and other Impediments to operations on the substation site. The facility is located within an industrial district and will remain near the center of the site, away from other industrial buildings. Moreover, the landscape enhancements along Grand and McFadden Avenues will easily blend into the existing landscape materials found on both the project site and along the major corridors that cross near the project site. Finally, all associated wiring and conduit for the facility will be underground or hidden within the interior of the monopole. This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS by maintaining cellular service and data coverage in the area. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is not located within the boundaries of an established Neighborhood Association. However, staff contacted the president of the adjacent Lyon Street Neighborhood Association to ensure that she was notified of this project and to identify any areas of concern, The president did not identify any concerns with the project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants 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. 31 B -7 CUP No. 2014 -09 December 8, 2014 Page 6 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15301. This Class 1 exemption consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, or mechanical equipment involving negligible or no expansion of use. The wireless facility is an existing monopole and equipment area that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2013 -85 will be filed for this project. 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 businesstjob growth and encourage private development through new General Plan and Zoning Ordinance policies), as well as Objective No, 5 (leverage private investment that results in tax base expansion and job creation citywide), Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -09 as conditioned. _,XVA I A/___ Ali Pezeshkpour Assistant Planner I AP:jm a&epodslStaff Reports for MCUP1409 Sprint PC3 Edison.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations MWOO CUP 2014 -09 SPRINT PCS MONOPOLE 1241 SOUTH GRAND AVENUE - - =500 FaT 1" =1000 FEET P L A N N I N E A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B -9 anm M1 M2 Mt F _ PT ca_t 1 SD -06 Ni P4 � wrf P1 Q R4 a M2 n k M2 Al t nl O P M R4 i nil Ml MI Ra Ml M1 I Mt R3 I At nx xa nx nx r nx � M7 * CS nx M1 RI 2 MI C4 3 M7 R4 I _ � F RI —� Mt MI R1 w.r Pt + Ml RI ktf FU '¢ M7 MT Ml % PI Mi R O N,T MI RI F t Mi MC u EDINGER AVIi. Al GEIERALAGRCULTURALT CR COMMRpALHESUI IIAL M SNGIEFAMILY"UM1IAL .6 MRNNGMCOIPCATION GC r;lowmMBJTcB fP TMFAMILYFMI)MCC r,W COMMWAL3NM MAIN M1 Ur TINDUSTRAL Rt MU0R.E0 MTYMULIIRE Ci WMMUNITYWMMMAL M2 HFAVYINDUSIRAL TAMILYFim0m CI-MO WMM.00WEF0AVMU1 MEJ'.19Cr MO MIUTARf�TIONS RF 9JWI NADMIMENTS CZ GEJEPALWMMEJUAL 0 OPDI MACE FE ITSDENTIALEMIE M C94TFALKWIM P RUFESSML SID 3- WRCOEVEOWDIT aA CE4IRAL6,IMNIMARISfMUXE PW FLANNEDCGMMUNI'fYDEbELOFMFNT 9' M151CRAN G EIANNED910PF1NGMTEi PFD FlANNO R30MALOREOWEVT C5 ARIERA=MME AL CUP 2014 -09 SPRINT PCS MONOPOLE 1241 SOUTH GRAND AVENUE - - =500 FaT 1" =1000 FEET P L A N N I N E A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B -9 LIGH INDUSTIRAL INDUSTI AL I D U S T I R A L L I G H T I N D U S T I R T I R A L CUP 2014 -09 SPRINT PCS MONOPOLE P I 1241 SOUTH GRAND AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -10 I A Are va- 1 �[['� 1 fip c o .- j� 9 O 3 tA P g r i` \I k I i \, a o` P` o c� lll_J_I 1_LLUL1 l - 0 f= w i o�W i.f F Ipp Iv 3roa3nv aiovao s — — -- — -- --- EXHIBIT 4 31 B -12 �' fiy �.�° v @ �g.u5px r 30 > 3tCi am O ¢ ag5 it—RS' a/I tw, }5 yy "1 t �J V �' Y i EDO �• X6"2 °sC � €i t�i—n un �(mJh 216w $i0, W Q S CL aF�rF II N s �6 g `� QW M 11 � s s. III y a 4 II Lo� III I I �P7 I I 1 E f Ila I a 1 I xI I fl 51) I I I I I I I v I I I I I i I I I I I I I I i I i d J I f i I I i I I I I I y Y t _ --------------- W III � III III -------- -- � I s 3 $ s f m EXHIBIT 5 31 B -13 F m \ ® « S z _ \ � » & O 2. \ \} e �! $ c % CL % m % � / : & O 2. % \} $ c % CL % Ln % � \ }{ \) )\ (j b !i )! �\ \\ !I � / \} � }) \° % \} $ % % \ }{ \) )\ (j b !i )! �\ \\ !I � / \} � }) ROH — 12/08/14 RESOLUTION NO, 2014 -43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -09 TO ALLOW A 47 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 1241 SOUTH GRAND AVENUE 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. Conditional Use Permit No. 2014 -09 was filed with the City of Santa Ana seeking to allow a 47 -foot high wireless facility monopole on the property located at 1241 South Grand Avenue. B. Pursuant to Santa Ana Municipal Code Section 41- 198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. C. Conditional Use Permit No. 2014 -09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 project will continue to provide a service or facility which will contribute to the community. The monopole currently provides a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS's services by maintaining cellular service and data coverage for its users in the southeast sector of Santa Ana. The issuance of a new conditional use permit will allow the current facility to continue providing a service to the surrounding community. Resolution No. 2014 -43 Page 1 of 6 31 B -15 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 issuance of a new conditional use permit for the existing wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The monopole, in conjunction with the enhanced landscaping along the project's street frontages, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location within the substation and site enhancements will maintain and increase the economic stability for this industrial corridor by providing an additional service for business owners, workers, and residents in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by the existing high - voltage transmission lines, and the site will feature new and enhanced landscaping, providing additional screening for the current use's operations, and will comply with other standards outlined in the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole. In addition, Goals 3 and 5 require Resolution No, 2014 -43 Page 2 of 6 31 B -16 preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15301. This Class 1 exemption consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, or mechanical equipment involving negligible or no expansion of use. The wireless facility is an existing monopole and equipment area that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, Categorical Exemption Environmental Review No. 2013 -85 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2014 -09 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8th day of December, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill Nalle, Yrarrzaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete(1) Eric Alderete Chairperson Resolution No. 2014 -43 Page 3 of 6 31 B -17 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 -43 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31 B -18 Resolution No. 2014 -43 Page 4 of 6 Conditions for Approval for Conditional Use Permit No. 2014 -09 Conditional Use Permit No. 2014 -09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2013 -39). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopole shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 47 -foot wireless facility. 4. The proposed monopole shall be constructed per the following specifications: a. Show the location of the GPS antenna on all elevations. b. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. C. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. d. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. Resolution No. 2014 -43 Page 5 of 6 31 B -19 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Prior to issuance of a building permit the applicant shall submit landscape plans that show compliance with the City's industrial standards In addition any Apy dead or missing landscaping along the project site's frontages on Grand and McFadden Avenues shall be replaced or restored. (Amended by the Planning Commission December 8, 2014.) 11. Conditional Use Permit No. 2014 -09 expires 10 years from the date of City Council approval. Resolution No. 2014 -43 Page 6 of 6 31 B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 2013- 21 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY - KAHROBA AYAZI, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 4} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• _%1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modification to Conditional Use Permit No. 2013 -21, PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving modification to Conditional Use Permit (CUP) No. 2013 -21 by a vote of 7:0 which approved an upgrade from a Type 41 to a Type 47 Alcoholic Beverage Control (ABC) license in order to sell beer, wine and distilled spirits for on- premise consumption at the Last Call on Broadway restaurant at 202 North Broadway located in the Transit Zoning- Downtown (SD84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION On August 11, 2014, the Planning Commission adopted a resolution approving CUP Nos, 2013 -21, 2013 -22, and 2013 -23 for the on- premise sale of beer and wine (Type 41 ABC license), to allow after -hours operations until 2:00 a.m., and for a banquet use at Last Cali on Broadway. Since that time, the applicant received authorization from the State Department of Alcoholic Beverage Control to upgrade to a Type 47 ABC license for the sale of distilled spirits in addition to beer and wine. The proposed Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits requires the modification of CUP No. 2013 -21. The issuance of a new CUP is not required as the existing CUP is still valid and the use must continue to comply with the same operational standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 C -1 Conditional Use Permit No. 2013 -21 January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, ICP Interim Executiv -9i ector Planning & Building Agency AP:rb apVeports\Staff Reports for CCICUP13 -21 -MOD -1 Last Call Type 47,W Exhibit: A, Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE; PUBLIC HEARING — FILED BY KAHROBA AYAZI TO MODIFY CONDITIONAL USE PERMIT N0, 2013 -21 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT LAST CALL ON BROADWAY RESTAURANT LOCATED AT 202 NORTH BROADWAY (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ali Pezeshkpour Interim Executive Dire or PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting PI nine anager RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 2013 -21 to allow a Type 47 ABC license. Request of Applicant Kahroba Ayazi, proprietor for Last Call on Broadway Restaurant, is requesting approval of modifications to Conditional Use Permit No. 2013 -21 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). Project Location and Site Description Last Call on Broadway is proposed to be located within the existing historic Empire Market Building at the northwest corner of Broadway and Second Street. The lot is approximately 12,000 square feet in size, and is developed with a two -story 22,000 square foot commercial building. The suite the restaurant proposes to occupy contains 2,728 square feet, of which 2,320 are on the ground floor and 408 are on the mezzanine level. The Empire Market Building was designated on the Santa Ana Register of Historical Properties as a Key structure in 2001. Surrounding land uses include commercial /office to the north, east and south, and residential on the upper floors further north on the block and across the alley to the west (Exhibits 1, 2 and 3). Project Description Last Call on Broadway proposes to occupy a suite on the ground floor of the Empire Market Building as well as an interior mezzanine within the same space. The mezzanine will be used for the kitchen and storage of goods. The total suite, consisting of the ground floor and the mezzanine, contains 2,728 EXHIBIT A 31 C -3 Modification to CUP No. 2013 -21 December 8, 2014 Page 2 square feet. 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 Theater Out, which relocated to 402 West Fourth Street in 2013. 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 45 seats within its dining room plus approximately eight more at standing tables. No outdoor seating is proposed at this time. The on- premise sale of alcoholic beverages to customers, which requires a CUP, is intended to provide a service ancillaryto the primary restaurant use. Overall alcohol storage and display areas will contain approximately 34 square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 11:00 a.m. to 2:00 a.m., seven days a week. Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 14 ABC licenses located within 500 feet of the project site, including the proposed license. These 14 ABC licenses include one Type 40 license (on -sale beer), four 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. Protect Background On August 11, 2014, the Planning Commission adopted a resolution approving CUP Nos. 2013 -21, 2013.22, and 2013 -23 for the on- premise sale of beer and wine (Type 41 ABC license), for after -hours operations until 2:00 a.m., and for a banquet use at Last Call on Broadway. Since that time, the applicant received authorization from the State Department of Alcoholic Beverage Control to upgrade to a Type 47 ABC license for the sale of distilled spirits in addition to beer and wine. The proposed Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits requires approval of modification to CUP No. 2013 -21. The issuance of a new CUP is not required as the existing CUP is still valid and the use must continue to comply with the same operational standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. The Empire Market Building was constructed in the Art Deco style in 1933 at a time when Art Deco /Streamline Moderne styles of architecture were very popular. The building has been occupied by a variety of retail businesses and office uses on both floors. The previous tenant was a theater, which vacated in early 2013. 31 C -4 Modification to CUP No. 2013 -21 December 8, 2014 Page 3 Although CUP No. 2013.21 for the on- premise sale of beer and wine was approved in August 2014, Last Call on Broadway is currently undergoing tenant improvements in anticipation of its future opening. The restaurant will be an independently owned restaurant specializing in small plate cuisine, salads, and hot sandwiches. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The Downtown District portion of the District Center 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. The project site and the proposed restaurant are consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub - zone. The SD -84 zoning district allows for retail and service uses such as eating establishments, making the use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAME. 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. 31 C -5 Modification to CUP No. 2013 -21 December 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 proposed modification to the conditional use permit. Last Call on Broadway is requesting approval to upgrade a Type 41 Alcoholic Beverage Control (ABC) license to a Type 47 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 Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food, This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed Type 47 ABC license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of distilled spirits to the beer and wine license will be ancillary to the main use as an eating establishment. In addition, the use will occur within the interior of the premises, mitigating any potential Impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of a variety of alcoholic beverages will allow Last Call on Broadway, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code, 31 C -6 Modification to CUP No. 2013 -21 December 8, 2014 Page 5 • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Last Call on Broadway's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Last Call on Broadway will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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(x)(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. 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 202 North Broadway is located in Reporting District No. 165. 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 applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. 31 C -7 Modification to CUP No. 2013 -21 December 8, 2014 Page 6 Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. Neither president identified any concerns with the proposed modification. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received 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. 2013 -52 will be filed for this project. Stratenic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve modification to Conditional Use Permit No, 2013 -21, Ali Pezesh pour Assistant Planner 1 APjm ap\reports\^taff Reports for PC\ CUP13.21 -MOD4 Lest Call Type 47,pc 31 C -8 Modification to CUP No. 2013 -21 December 8, 2014 Page 7 Attachments; Exhibit 1 -- Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 C -9 p �� p sons Sods Al GEIEMLAGRCUL7l1 4 CR C MEMALRSDDMAL RI 9NG FAMILYRMDE L .B FARQNGM001RCAMN w CUNIAMEWCEJTEi m MOFAKYF'2si7mm MI CCMM9 ALS7UTNMAIN Mt LICKINDUSMAL m MULTIKEMSTYMU IRS Ct COMMUNIlYM41MUUAL M2 HCAVYINOUMRAL rMILYRODEJCE C140 C(MKCOMMEY]AUMU MD191 U MD M1uTAR/CFQ?4TONS PA SJWI NABMIMEM C2 MERALCOMNIMAL 0 OF01$FiCE FE FPS'D9 ALMTAM 0 MTRALMNESS p PFOFFSSCNAL 9l SFWFlCDLAS( MJT CSA CB MLEWNEEWPSNI.LAGE R:0 RANPIM WAMUNINDEa01TMT 9' &EOFICRAN CO RANNED &IOP"WCEN7M Pfd) RANNM FMDDrVALD2iE10W[NT Cu ARTERALCMMME AL CUP 2013 -21- MOD -1 W. LAST CALL ON BROADWAY TYPE 47 ABC y� 202 NORTH BROADWAY - - =500 FEET =1000 FEEL P L A N 'N N G A N D A U I L D I N G A G E N C Y EXHIBIT 1 VICI ITY MAP 31 -10 3RD PARK MULTI - FAMILY RESIDENCE 1ST COMM. • MULTI - FAMILY RESIDENCE I I I I _j L__L 1_1 PARKING STRUCTURE STREET 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAYTYPE 47 ABC` 202 NORTH BROADWAY �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 31 C -11 J d. W J J � l7 `_' W W -`Cw � V I I I I _j L__L 1_1 PARKING STRUCTURE STREET 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAYTYPE 47 ABC` 202 NORTH BROADWAY �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 31 C -11 CUP 2013 -21 -MOD -1 LAST CALL ON BROADWAY TYPE 47 ABC 202 NORTH BROADWAY SITE PHOTO EXHIBIT 3 31 C -12 W SECOND SIREEr N TSITE PLAN SCALE: 1 15'- 0" EXHIBIT 4 31 C -13 m !2 71 Ye 5e i OZ. i�t z Ll EXHIBIT 5 31C-14 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 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 means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, othnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 C -15 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 11 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 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16, The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 C -16 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 It, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards, Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b; The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity, g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3Of4 31 C -17 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment, 4of4 31 C -18 ROH - 12/08/14 RESOLUTION NO. 2014 -44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2013 -21 TO ALLOW AN UPGRADE FROM A TYPE 41 TO A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 202 NORTH BROADWAY 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. The applicant is requesting approval of modification to Conditional Use Permit No. 2013 -21 for an upgrade from a Type 41 to a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 202 North Broadway. B. Modification to Conditional Use Permit No. 2013 -21 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 31 C -19 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 Type 47 ABC license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of distilled spirits to the beer and wine license will be ancillary to the main use as an eating establishment. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 the restaurant to compete with other nearby restaurants in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of a variety of alcoholic beverages will allow Last Call on Broadway, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below 31 C -20 the maximum threshold established by 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. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Last Call on Broadway's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Last Call on Broadway will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. 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. 2013 -52 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves modification to Conditional Use Permit No. 2013 -21 to allow a Type 47 ABC license. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31 C -21 ADOPTED this 8th day of December, 2014. 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 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 -44 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31 C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BLACKMARKET BAKERY LOCATED AT 211 NORTH BROADWAY HANH NGUYEN, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 4) CITY MAN ER RECOMMENDED ACTION I., CLERK OF COUNCIL USE ONLY:' ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -43. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -43 by a vote of 7:0 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Blackmarket Bakery at 211 North Broadway located in the Transit Zoning- Downtown (SD84) zoning district, The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Blackmarket Bakery is currently constructing tenant improvements to open a new eating establishment at 211 North Broadway, Blackmarket Bakery is requesting a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The facility will be maintained as a bona-fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. The proposed dining area will contain approximately 10 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation are from 7:00 a.m. to 10:00 p.m. Monday through Thursday, 7:00 a.m. to 12:00 a.m. Friday and Saturday, and 8:00 a.m, to 8:00 p.m. on Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 D -1 Conditional Use Permit No. 2014 -43 January 20, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, AICP Interim Executive hector Planning & Building Agency RS: rb M reports \CUP 2014- 43\cup14 -43 Black Market Type 41 ABC.oc Exhibit: A. Planning Commission Staff Report 31 D -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE- PUBLIC HEARING — FILED BY HANH NGUYEN FOR CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BLACKMARKET BAKERY LOCATED AT 211 NORTH BROADWAY (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ricardo Sots Interim Executive D' ctor • jallgagBOHM PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI nning, anager Adopt a resolution approving Conditional Use Permit No. 2014 -43. Request of Applicant Hanh Nguyen, representing Blackmarket Bakery, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at 211 North Broadway. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Blackmarket Bakery will be a new restaurant that will be operating within a ground floor tenant space in the historic Santora Building, which was originally constructed in 1928 and placed on the Santa Ana Register of Historical Properties in 2001 as a Landmark structure. The Santora Building is located on the northeast corner of Broadway and Second Street. The site is approximately 0.37 acres in size and contains a variety of retail, service and restaurant uses within 47,133 square feet of building area. Blackmarket Bakery is proposed to occupy a 2,293 square foot vacant tenant space. The site is surrounded by a mixture of retail, service, and office uses to the east, west, north and south; and multi - family residential to the southwest (Exhibits 1, 2 and 3). Project Description Blackmarket Bakery is requesting approval of a Type 41 ABC license to allow the on- premise sale of beer and wine as part of the eating establishment's operations. The proposed eating establishment will hold approximately 10 seats within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary use. The proposed hours of operation are from 7:00 a.m. to 10:00 p.m. Monday through Thursday, 7:00 a.m. to 12:00 a.m. Friday and Saturday, and 8:00 a.m. to 8:00 p.m. on Sunday. EXHIBIT A 31 D -3 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 2 The display and storage areas for alcoholic beverages will be located in a refrigerator, a storage shelf, and a dispensing station, all located behind the service counter. The proposed alcohol display and storage areas total 25 square feet in size, which is less than two percent of the gross floor area of the establishment, This percentage of alcohol storage is below the SAMC's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are 11 ABC licenses located within 500 feet of the project site. These 11 ABC licenses include the following: one Type 48 license (public premise beer, wine and distilled spirits); one Type 40 license (on- premise beer); five Type 41 licenses (on- premise beer and wine); and four Type 47 licenses (on- premise beer, wine, and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Project Background Blackmarket Bakery will be a fast - casual restaurant that will offer a host of specialty "from scratch" baked goods to complement its brunch and dinner menus. The first Blackmarket Bakery was established in 2004 in Irvine, California. Subsequently, Blackmarket Bakery opened its first retail location in Costa Mesa, California, in 2013, The proposed eating establishment will be Blackmarket Bakery's third location in Southern California and its first in Santa Ana. General Man and Zoning Consistency The General Plan land use designation for the site is District Center (DG). District Center land -use districts serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are developed In an urban character that include a mixture of office, commercial, and residential uses which provide shopping; business,, cultural, education, recreation and entertainment, such as this restaurant. The project site is consistent with this General Plan land use designation, The site is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub - zone. The SD -84 zoning district allows for eating establishments, making the proposed use consistent with the zoning designation. Project Analvsls 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: 31 D -4 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 3 • 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. 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 request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and city wide that also offer beer and wine for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Blackmarket Bakery, a small business, to remain economically viable and contributes to the overall success of Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 31 D -5 Conditional Use Permit No. 201443 December 8, 2014 Page 4 The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, Providing a variety of full - service restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Blackmarket Bakery's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed 'Type 41 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Blackmarket Bakery is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Blackmarket Bakery is proposing to open a new eating establishment in the city. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the sale of beer and wine to the eating establishment's patrons does not become an attractive nuisance to the community. 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. 31 D -6 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 5 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 211 North Broadway is located in Reporting District No. 165. Reporting District No. 168 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 applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association and is within the Downtown National Register Historic District. Staff contacted the presidents of the Downtown Neighborhood Association and the nearby Lacy Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. The association presidents did not raise any issues or concerns during the telephone discussion. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -100 will be filed for this project, Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). 31 D -7 Conditional Use Permit No. 2014 -43 December 8, 2014 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -43. s Ricardo Soto Planning Technician RS:jm M:raportsWUP 2014- 431cup14.43 Black Market Type 41 ABC.pc OleoM 1 wb� A Vemy Carvajal Senior Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 Floor Plan Exhibit 6 — Operational Standards for On -Safe Establishments 31 D -8 p � p so ss SO�SS Al 69481ALACROULTUPALT CR -H PAMGMCOIR0A110N cc GSM COMMffUALSOMMAIN MI ci COMMUNITYMMMMAL W AMMO COMM. MMMMAUMUMM DIM9CT Mo C2 GMEFALOOMMSM 0 m UNTRALBUSNMS p M-A aNTRAL W SNESGARWIALLAGE rlcD CA RAMNMT0FnNGCBMT {Tyl Cs AR ALOOMWUAL MWERCIALF83DENRAL WVEFNMEPITCFNTER UGfMWUMRAL 14EAWINDU9RdAL MIUTARNPEPAMONS OPM PACE PFO MOML P.ANNO OWMUNITY DEVEONEW BANNS FE30MALWALOPMD[T RI 9NC{EFAMILYF DEMAL m MFAMILYFaMCE m MULTIFIEDW9TYMUI.TIFLE FAMILYFOOFNCE PA SASUFTANAFARRviM I€ FODENPALESrAi2 � sFnFicoL�atxxaeur 3 awFUIP.N -+►� CUP 2014 -43 BLACKMARKET BAKERY TYPE 41 ABC 211 NORTH BROADWAY G =sDOFEE i 100 FEE( N 0 A N 0 B U I L D I N G -AG E N C Y _ EXHIBIT 7 VICINITY MAP 31 D -9 PARK MULTI- FAMILY RESIDENCE 1ST COMM. � d d_ S U d C) COMM, ec m MULTI- FAMILY RESIDENCE L-il PARKING STRUCTURE STREET COMMERCIAL 2ND COMMERCIAL STREET COMMERCIAL STREET BLACKMARKET BAKERY TYPE 41 ABC r\ 211 NORTH BROADWAY dW 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 31 D -10 d_ wy� v L-il PARKING STRUCTURE STREET COMMERCIAL 2ND COMMERCIAL STREET COMMERCIAL STREET BLACKMARKET BAKERY TYPE 41 ABC r\ 211 NORTH BROADWAY dW 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 31 D -10 aaCi Y1: ��. �y:� �� y ^i' r- ,z c EXHIBIT 4 31 D -12 EXHIBIT 5 31 D -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 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. 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. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, Including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when ,patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31D-14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses, Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises, Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "ail 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 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18, There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2 of 4 31 D -15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to Issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23, The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items; a. Procedures for handling obviously intoxicated persons. b: The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C, Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). 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 limlt/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 D -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency.. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 D -17 ROH - 12108/14 RESOLUTION NO. 2014 -45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -43 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 211 NORTH BROADWAY 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 43 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 211 North Broadway. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On December 8, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -43. 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 -43 to allow for the sale of alcoholic beverages for on -site consumption: 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 Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -45 Page 5 of 5 31 D -18 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 the restaurant to compete with other nearby restaurants in Downtown and city wide that also offer beer and wine for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the Blackmarket Bakery, a small business, to remain economically viable and contributes to the overall success of Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 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 City's General Plan. The granting of this conditional use permit supports Resolution No. 2014 -45 31 D -1 9 Page 5 of 5 policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Blackmarket Bakery's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Blackmarket Bakery is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -100 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -43. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 8, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -45 Page 5 of 5 31 D -20 ADOPTED this 8th day of December, 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 0. Hodge Assistant City Attorney I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -45 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -45 31 D -21 Page 5 of 5 31 D -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -44 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CHIPOTLE MEXICAN GRILL LOCATED AT 629 SOUTH HARBOR BOULEVARD - VALERIE SACKS, APPLICANT {STRATEGIC PLAN NO. 3, 2 }2} CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -44. PLANNING COMMISSION ACTION On December 8, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -44 by a vote of 7:0 which approved a Type 47 Alcoholic Beverage Control license in order to sell beer, wine and distilled spirits for on- premise consumption at Chipotle Mexican Grill at 629 South Harbor Boulevard located in the Harbor Mixed Use Transit Corridor Specific Plan (SP2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Chipotle Mexican Grill is currently constructing tenant improvements to open a new eating establishment at 629 South Harbor Boulevard. Chipotle Mexican Grill is requesting approval of a Type 47 ABC license to allow the on- premise sale of beer, wine and distilled spirits as part of the eating establishment's operations. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. The dining area will contain approximately 58 seats with the patio area accommodating approximately 20 patrons within an enclosed area that is in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The proposed hours of operation for the restaurant will be from 11:00 a.m. to 10:00 p.m. Monday through Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. 31 E -1 Conditional Use Permit No. 2014 -44 January 20, 2015 Page 2 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). FISCAL IMPACT There is no fiscal impact associated with this action. Vince Fregoso, ICP Interim Executive Director Planning & Building Agency RS: rb ranporMOUP 2014- 44 \cup14 -44 Chipotle Type 47 ABC= Exhibit: A. Planning Commission Staff Report 31 E -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 8, 2014 TITLE: PUBLIC HEARING — FILED BY VALERIE SACKS FOR CONDITIONAL USE PERMIT NO. 2014.44 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CHIPOTLE MEXICAN GRILL LOCATED AT 629 SOUTH HARBOR BOULEVARD (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto Interim Executive Dire6tor PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Appllcan °s Request • Staff Recommendation CONTINUED TO Acting anni +fg Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -44. Request of Applicant Valerie Sacks, representing Chipotle Mexican Grill, is requesting approval of a conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer, wine, and distilled spirits at a new eating establishment located at 629 South Harbor Boulevard. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Chipotle Mexican Grill is currently constructing tenant improvements to open a new eating establishment at 629 South Harbor Boulevard. The site is located on the northeast corner of Harbor Boulevard and McFadden Avenue, is approximately 0.5 acres in size, and is developed with a single - tenant commercial space with a total building area of 2,292 square feet. There are a total of 29 on- site parking stalls provided. The site is surrounded by a mixture of service and retail uses to the north, south, east and west (Exhibits 1, 2 and 3). Project Description Chipotle Mexican Grill is requesting apprm and consumption of beer, wine and distille The restaurant will be maintained as a fu patio area. Chipotle Mexican Grill will hav ABC license. The dining area will contain accommodate approximately 20 patrons. al of a Type 47 ABC license to allow the on- premise sale d spirits as part of the eating establishment's operations. I- service, sit -down eating establishment with an outdoor s all necessary equipment to be considered for a Type 47 approximately 58 seats and the proposed patio area will The proposed patio area will be enclosed with a 36 -inch EXHIBIT A 31 E -3 Conditional Use Permit No, 2014 -44 December 8, 2014 Page 2 high fence that is in compliance will all applicable City and State Department of Alcoholic Beverage Control standards.. The on- premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The proposed hours of operation for the restaurant will be from 11:00 a.m. to 10:00 p.m. Monday through Sunday. The storage area for alcoholic beverages will be located in the kitchen. The alcohol storage area will total seven square feet in size, which is less than one percent of the floor area of the restaurant. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently three ABC licenses located within 500 feet of the project site in addition to the proposed license. These three ABC licenses include two Type 41 licenses (on -sale beer and wine only) and one Type 21 license (off sale beer, wine and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Proiect Background Chipotle Mexican Grill is a fast - casual restaurant chain that offers gourmet burritos, tacos, and other specialty Mexican food made with fresh, natural produce and ethically grown animals. Many locations nationwide offer beer; wine and distilled spirits to their patrons. The proposed location would be Chipotle's fourth in Santa Ana. Chipotle Mexican Grill will occupy the single- tenant commercial building that was originally constructed In 1979 for Der Wienerschnitzel. The site is currently undergoing significant tenant, fagade and parking lot improvements. However, because the prior tenants did not sell alcohol to their patrons, approval of a new CUP for a Type 47 ABC license is required. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with the General Commercial land use designation, The site is located within the Harbor Mixed Use Corridor Specific Plan (SP -2) zoning district in the Transit Node (TN) sub -zone. The SP -2 zoning district allows for eating establishments, making the proposed use consistent with the zoning designation. 31 E -4 Conditional Use Permit No. 2014 -44 December 8, 2014 Page 3 Proiect Analvsis 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. 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 request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 47 ABC license will provide an ancillary service to the restaurant's 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 are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed Type 47 ABC license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. f=urthermore, the sale of beer; wine and distilled spirits in the restaurant is intended to be incidental to the primary use as an eating establishment. 31 E -5 Conditional Use Permit No. 2014 -44 December 8, 2014 Page 4 • 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 alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Chipotle Mexican Grill to remain economically viable and contributes to the overall success of the commercial district; helping to decrease the number of vacant spaces that may affect the economic viability of the area. • The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full - service, bona -fide eating establishment, having the suitable Kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. ■ The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Chipotle Mexican grill's tenancy will include significant tenant improvements, Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Chipotle Mexican Grill is proposing to locate in a commercial area and its operations will be compatible with the surrounding commercial businesses. Chipotle Mexican Grill is proposing to open a new eating establishment in the city. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. 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), 31 E -6 Conditional Use Permit No. 2014 -44 December 8, 2014 Page 5 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. 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 629 South Harbor Blvd, is located in Reporting District No. 66, Reporting District No. 66 ranks 23`d out of 102 reporting districts in the number of police related calls for service. This reporting district is approximately nine percent below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of Santa Anita Neighborhood Association and is near the Riverview West Neighborhood Association. Staff contacted the presidents of the both associations, who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an ABC license and allow the sale of beer, wine and distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2014 -102 will be filed for this project. 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). 31 E -7 Conditional Use Permit No. 2014 -44 December 8, 2014 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -44. Ricar o Soto Planning Technician. RSsjm rs:repoftkCUP 2014-441cup14 -44 Chi potle Mexican Grill Type 47 AeC.pc Verny Carvajal Senior Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 E -8 FIRST ST. L__J II gCa O. na 11 -all 1 I - �A sR2 /i« / MI SD 32 3 i JI I 4 D I 1l Jl J bp• o aR? 50 -34 F-- 1� �I _-- I 2 m - i R2 R3 I tI li !i II I - I R2 ,,. R3 R2 1 SPa h-1 lll� S @ R2 __, _� r-Ir Ir-tr -Ir -If II 1 R2 RL ,..Ra. ¢' R2 R2 i A111 i ji_�i 11 1t Ii II lI i _ _ R2 — II jl jlr it Ii SP I R2 +� q Al li_II II TI II 1I_1I 2, auv pi �,T I R2 _II °.. SP.� SP .4 D . A R2 9 I 11 it II _ — R2 r RI :. fit .o I` jl AI d L A[YAI L__ _I I RI PROJECT SITE D SP -2 RI Ii R1 R7 RI a fii °iA. l e at m 5. RI a RI O Ri R7 d n Y m .R1. v ¢ 3 RI § R1 T R1 r F--- -R1 a tj� RI / .»w -- RI,. i D / Rt LRI m SP 2 : SP -2 � fit € m T AI 5 Ri iis II Il L s ! i I IL II � II a s , a LILAC AVE. Al GENEiALAF1tW UPAQ CR ODMMG AUEBDDMAL RI 9NGLEFAMLYRR3I)E NAL .B MFMN IAODIRCAMON C:0 COW MENTCWTHR 1;2 WFAMILYF®DENCE ODA CCMMEROALSWTH MAIN M1 UCHTMOLSIRAL m MULTIELED9J9TYMUDIRE C1 COMMUNITYCCMMITUAL M2 HFAWINDUSMAL FAMILYREMME CI -MD OC.MM.O MMMAUMMIADIMU MO MIUTARYOPER IONS PA SUBUFMNAFARTMEM CY ( MALOCMMSML 0 OPEN EFACF,, FE (IDDMIALErATE C3 CaMLEUSN69. P I%Fh. oU w 9'0HCVUa0WJ T MA C941ML 2UAMARRS'NLIAGE Im RANN® CCMMUNIN DREDW[VT SP �RG"N OI RANNMD 0MIAGC8 M iM RANNMRMDMTlALDE 0RAW CS ARRIALCOMMUDAL CUP 20114 -44 n1a, n CHIPOTLE MEXICAN GRILLTYPE 47 ABC 629 SOUTH HARBOR BOULEVARD -} -- = 599 FEU 1" =1099 FW P L A N A I N_G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 E -9 CUP 2014-44 CHIPOTLE MEXICAN GRILL TYPE 47 ABC 629 SOUTH HARBOR BOULEVARD P L A N N I N G A N D B U I L Q I N G A G E N C Y — LAND USE MAP EXHIBIT 31 E -10 COMM. COMM. S,F R. S. R. comm" J F- co INDUSTRIAL SCHOOL COMMERCIAL z McFADDEN AVENUE COMN EREIAL- COMME CIAL 0 COMMERCIAL COMMERCIAL eC F-1 2- CUP 2014-44 CHIPOTLE MEXICAN GRILL TYPE 47 ABC 629 SOUTH HARBOR BOULEVARD P L A N N I N G A N D B U I L Q I N G A G E N C Y — LAND USE MAP EXHIBIT 31 E -10 CUP 2014 -44 CHIPOTLE MEXICAN GRILL TYPE 47 ABC 629 SOUTH HARBOR BOULEVARD SITE PHOTO EXHIBIT 3 31 E -11 Isla 3H101 91HIWARI t1Ni 3311j) EXHIBIT 4 31 E -12 I al-: ED JLJ h Na '7tNRU,y�lON' .y �,�� �� NNIS r13Nd �� Atye - .i � I — a11H9 Q; d © OaI IIIe cy I , I 71A17X71 ON6]7,' �� i - - ^— 1 LEIF Ej 17 in I � E Wl'y, EXHIBIT 5 31 E -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. 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 means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31E-14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at 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 feet from the exterior of the premises in any direction. 15, Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 E -15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article 11, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm, 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. G. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. 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 31 E -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing Is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4 of 4 31 E -17 ROH — 12/08/14 RESOLUTION NO. 2014 -46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -44 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 629 SOUTH HARBOR BOULEVARD 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 44 for a Type 47 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the sales of beer, wine and distilled spirits for the property located at 629 South Harbor Boulevard. B. Conditional Use Permit No. 2014 -44 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 8, 2014. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Type 47 ABC license will provide an ancillary service to the restaurant's 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 are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -46 Page 1 of 4 31 E -18 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 Type 47 ABC license for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. Furthermore, the sale of beer, wine and distilled spirits in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Chipotle Mexican Grill to remain economically viable and contributes to the overall success of the commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2014 -46 Page 2 of 4 31 E -19 The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcohol beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Chipotle Mexican Grill's tenancy will include significant tenant improvements. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Chipotle Mexican Grill is proposing to locate in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. 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 operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an ABC license and allow the sale of beer, wine and distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2014 -102 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Conditional Use Permit No. 2014 -44. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 8, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -46 Page 3 of 4 31 E -20 ADOPTED this 8th day of December, 2014. 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 -46 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 8, 2014. Date: Planning Commission Secretary City of Santa Ana 31 E -21 Resolution No. 2014 -46 Page 4 of 4 31 E -22 6 W 100111111 z E" I A •' CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: AMENDMENT TO EXECUTIVE MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN TO RESCIND /ADD LANGUAGE AND ADJUST SALARY FOR ONE JOB TITLE (STRATEGIC PLAN NO. 7) CITY MANAGERO # 1 s•0:• . 1k. 0 As Recommended E As Amended Q Ordinance on tee Reading 0 Ordinance on 2 "a Reading Cl Implementing Resolution Cl Set Public Hearing For CONTINUED TO tz. Adopt a resolution that reestablishes the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management and rescinds provisions of Resolution 91 -066. DISCUSSION In 1991, the City Council adopted Resolution 91 -066, which replaced Resolution 89 -087. These resolutions established the job classification, compensation and benefit plan for unrepresented Executive Management and Middle Management personnel Resolution 91 -066 has been amended numerous times by the City Council over the years and while these amendments legally revised specific provisions of the Resolution, provisions of the Resolution include original language which no longer applies. For example, Resolution 91 -066 establishes the compensation and benefit plant for the City's Middle Managers; however, these employees formed the Santa Ana Management Association (SAMA) bargaining unit in September of 2002 and since that time have negotiated numerous Memoranda of Understanding with the City that provide the compensation and benefit levels relevant to that group. The proposed resolution pertains exclusively to Executive Management. It eliminates inapplicable language and clarifies existing benefits for Executive Managers, including a reconfiguration of the Retirement Health Savings Plan to convert the 1.75% City Medical Retirement Subsidy Plan contribution into a 1.25% base pay increase, which will then be deposited into individual employee RHS accounts. This proposed resolution also makes a 401 (a) deferred compensation plan available to executive managers, as permitted by law, should City Council adopt such a plan in the future. Under this plan, an Executive Management employee, at his or her sole discretion, may deposit into the City's 401(x) plan a portion of his or her 55A -1 Amendment to Executive Management Compensation Plan January 20, 2015 Page 2 compensation up to the maximum amount permitted by law. There will be no City contribution into this plan. The proposed resolution also allows Executive Managers to receive the same stipend for use of a personal phone or tablet in lieu of City - issued equipment at the same level afforded to other management employees. Finally, the proposed resolution adjusts the salary for the Executive Director of Planning & Building job classification by 17.5 %. Two recent recruitments to fill this position have resulted in a lack of applicants who are currently in this position in cities of similar size and complexity as Santa Ana. A salary survey revealed that Santa Ana's position is significantly undercompensated compared to these comparable cities. As this position is instrumental to one of the key operations of the City, a competitive salary is necessary to attract and retain the best qualified candidate. Therefore, an equity adjustment is recommended to compensate the position properly when compared to positions in other cities with equivalent scope and level of responsibility. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success and goals. FISCAL IMPACT The total cost for -the proposed increase to the Executive Director of Planning & Building job classification is $16,152 for the remainder of the fiscal year. Funds are available in the affected departmental salary account (no. 01116500- 61000). There is no fiscal impact associated with the other items. ..� WI Edward S. Raya Francisco Gutierrez Executive Director Executive Director Personnel Services Agency Finance & Management Services Agency 55A -2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING, REESTABLISHING AND DELINEATING THE BASIC COMPENSATION AND BENEFIT PLAN FOR CLASSES OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) AND RESCINDING RESOLUTION NO. 91 -066. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). C. The City Council has amended Resolution No. 91 -066 on numerous occasions since its adoption. D. Pursuant to Resolution No. 81 -075, the Employee Relations Resolution of the City of Santa Ana, and applicable State law, the City of Santa Ana certified the Santa Ana Management Association (SAMA) on September 25, 2002, as the majority representative of the Middle Management and Administrative Management Representation Unit. Hence, the City has recognized SAMA as the certified majority representative of the full time employees in said Unit. E. In an effort to clarify the compensation of unrepresentative Executive Management (EM) employees, and delete obsolete language related to unrepresented Middle Management (MM) employees, the City Attorney recommends reestablishing and delineating the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) through this resolution, by separate resolution reestablishing and delineating the Basic Classification and Compensation Plan for all represented full -time employees in the City, including represented Middle Management (MM) employees, and all represented and non - represented part -time employees, and rescinding Resolution No. 91 -066. 55A -3 F. The City Manager recommends an increase to the Tuition Reimbursement Program to provide the highest amount that is available to other represented employees. G. The City Manager recommends establishing and delineating a Retirement Health Savings Account for unrepresented Executive Management (EM) employees and contributing to said account the highest amount that is available to other represented management employees. H. The City Manager recommends establishing and delineating a 401(a) Retirement Savings Account for unrepresented Executive Management (EM) employees to participate in, at his or her sole discretion. It is now desired to rescind Council Resolution No. 91 -066 and reestablish and affect the aforementioned changes. Benefit Plan. The City Council hereby reestablishes the unrepresented Executive Management (EM) Basic Compensation and Benefit Plan effective January 1, 2015, to read as follows: Unrepresented Executive Management (EM) Basic Compensation and Benefit Plan Effective January 1, 2015. Section 1. Executive Management (EM) Classifications and Compensation Plan. A. Unrepresented Executive Management �(FM) Employee Classifications Assistant City Manager (EM) Deputy City Manager (EM) Police Chief (EM) Executive Director of Community Development (EM) Executive Director of Finance and Management Services (EM) Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Personnel Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Special Assistant to the City Manager (EM) B. Schedule of Salaries. A schedule of salaries showing salary rate ranges for classifications of employment designated as unrepresented Executive Management (EM), is attached hereto and made a part hereof as though set forth in full herein. The schedule for unrepresented Executive Management (EM) classifications and effective dates is listed as follows: Salary Schedule Assistant City Manager (EM) EM -39 01/01/2015 Deputy City Manager (EM) EM-41 01/01/2015 55A -4 REVISED Police Chief (EM) EM -47 01/01/2015 Executive Director of Community Development (EM) EM -3433 01101/2015 Executive Director of Finance and Management Services (EM) EM -3237 01/01/2015 Executive Director of Parks, Recreation and Community Services (EM) EM -3437 01/01/2015 Executive Director of Personnel Services (EM) EM -3833 01101/2015 Executive Director of Planning and Building Safety (EM) EM -42 01101/2015 Executive Director of Public Works (EM) EM -3538 01/01/2015 Special Assistant to the City Manager (EM) EM -37 01/0112015 The unrepresented Executive Management (EM) salary schedule contains numerous salary rate ranges, each range comprised of fifteen (15) separate rates of pay shown in monthly amounts. The rate ranges are identified by a two -digit number preceded by the capital letters "EM" for Executive Management. The separate rates of pay or steps within each salary rate range are identified by the numbers 1" through "15" inclusive, with Step 1" being the lowest or minimum rate of the range, Step "8" the middle or midpoint rate of the range, and Step "15" being the highest or maximum rate. Terminal Classifications. The capitalized letter "T" shown within parenthesis [i.e., (T)] next to a classification title signifies a position classification that has been designated as "terminal" by formal City Council action and, as such, will be deleted from this classification and compensation plan for unrepresented Executive Management (EM) classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal. Section 2. Special Pay Additives and Additional Compensation Provisions. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and /or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid in the highest amount as available to represented management employees. Section 3. Administration and Applicability of the Compensation Plan A. Unless specified otherwise herein, unrepresented Executive Management (EM) employees will be subject to the same changes in compensation plan provisions, including but not limited to, sick leave maximum accrual; bereavement leave; holidays; longevity vacation cash out; health and dental insurance; access to participation in the City's Vision Plan; retirement; Retirement Health Savings Plan; and work week schedule, as provided in the highest amount as available to represented management employees on or after January 1, 2015. B. Compensation Plan Implementation. Upon implementation of the basic salary schedule set forth in Sub - section 1.B. of this Resolution, a current incumbent of an 55A -5 Executive Management (EM) classification listed herein above will be placed at the monthly rate in the assigned salary rate range which matches the incumbent's assigned base monthly salary rate on the day preceding the effective date of this Resolution. C. Hiring Pay Policy. A newly hired Executive Management (EM) employee will be compensated at a monthly rate within the lower third of the salary range (Steps 1 through 5) for his /her job classification as authorized by the appointing authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicates a higher rate would be in the City's best interest, the City Manager may authorize compensating the new employee within the middle third of the salary range (Steps 6 through 10) but the higher starting salary will generally not be above Step 8. D. Rates of Pay. for Temporary and Part -Time Work. When an employee is hired in an Executive Management (EM) classification on a temporary basis, which is defined as employment with an anticipated duration of less than six (6) months, or an employee is hired in an Executive Management (EM) classification on a part -time basis, which is defined as employment of forty (40) hours or less per semi - monthly pay period, the employee will be paid at a rate per hour for actual time spent in the duties of his or her employment. Rate per hour will be computed to the nearest whole cent by dividing the classification's standard monthly rate of compensation by 173.33. A computation resulting in exactly one -half (1/2) cent will fix the rate at the next higher whole cent. E. Service. The word "service" as used in this Resolution will be deemed to mean continuous, full -time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1St) working day of the month will not be credited with "time in service" for that month when determining the length of service required for salary step advancement A lapse of service by an Executive Management (EM) employee for a period of time longer than ten (10) calendar days by reason of resignation, quit, or discharge, will serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. F. Appointment or Promotion of Current Employee, An employee who is appointed or promoted to an Executive Management (EM) classification from a represented management or non - management classification of the City service will be placed at a salary rate in the Executive Management (EM) salary rate range which provides a minimum of a five percent (5 %) pay increase. G. Reduction in Pay. An Executive Management (EM) employee may receive a reduction in salary on the basis of unsatisfactory work performance, conduct or other reasons at the discretion of the City Manager. H. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this Resolution and who are temporarily upgraded to an Executive Management (EM) classification will receive a five percent (5 %) increase or the minimum rate of the 'P�PM Executive Management (EM) salary range, whichever is higher, in accordance with current upgrade provisions. I. Reallocation of Salary Rate Ranges. When an employee is in an Executive Management (EM) classification which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary step he or she held prior to the reallocation. The employee will retain credit for length of service in such salary step towards advancement to the next higher salary step. J. Y-Rating. In special circumstances the City Manager may approve compensating an employee in excess of the salary range of the classification to which he or she is assigned by "freezing" the employee's salary at the current rate. In such cases, incumbents will not receive step increases or current and future general "across - the- board" salary adjustments scheduled for other classes until the salary level is equal to or greater than the "frozen" salary for the assigned classification. K, Z- Rating. A Z -Rate is a special salary rate established by the City Manager which allows an employee who has been reclassified to a classification at a lower salary rate range to be paid at a rate of pay higher than that assigned to his or her reclassified position title for a specified transition time period. Section 4. Health and Welfare Benefits. The following optional insurance benefits available to Executive Management (EM) employees are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125. The City will contribute to the cafeteria plan in the highest amount as available to represented management employees. Since the City contracts with CaIPERS for medical insurance, the amount described above will include the CaIPERS statutory minimum paid by the City. X Medical insurance. Eligible Executive Management (EM) employees may select any of the medical insurance plan options offered by CalPERS. B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan. C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to select vision insurance coverage through the City's insurance provider. D. Cash -in -Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt -out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan. E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses optional benefits whose aggregate premium cost exceeds the 55A -7 maximum City Contributions to the Cafeteria Plan, the City will automatically deduct the excess premium amount on a pre -tax basis from the employee's regular paycheck. F. Disability Insurance. The City will pay one hundred percent (100 %) of the premium cost for a long -term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit of sixty -six and two- thirds percent (fah 213) of base monthly salary (insured payroll), less offsets contained in the existing plan, to a maximum monthly benefit of $5,000. G. Life Insurance and Accidental Death & Personal Loss (AD &PL). The City will pay one hundred percent (100 %) of the premium cost for term life and AD &PL insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD &PL insurance coverage in an amount equal to three times the employee's annual rate of salary to a maximum of $300,000 provided Executive Management (EM) employees can provide evidence of insurability for coverage above $150,000 if so required by the terms and conditions of said term life and AD &PL insurance policy. In the event an Executive Management (EM) employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at a reasonable cost without having to provide evidence of insurability Section 5. Leave Accruals and Cash -Out Provisions. A, Paid Holiday Time Off. Executive Management (EM) employees are not required to appear for work, except in emergencies, and will receive payment at his or her current base salary rate for the following twelve (12) holidays during each year: Janua,�. 19t; third Monday in January; third Monday in February; last Monday in May; July 4t ; first Monday in September; November 11th; Thanksgiving Day and the day immediately following (Friday); Christmas Day; the last working day before Christmas Day (unless Christmas Day falls on Thursday, in which instance the day following Christmas Day will be observed) and one (1) floating holiday. Any holiday which falls on Sunday will be observed on the following Monday and any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. B. Vacation Time Off. Executive Management (EM) employees will be granted regular and longevity paid vacation leave on the same basis as provided to represented employees of the City, with the exception that such affected employees will be granted: 1. Regular vacation with pay at the annual rate of fifteen (15) working days for each of his or her first and second completed year of service. 2. An additional five (5) working days per year over the regular and longevity vacation accruals applicable to represented employees of the City. Affected Executive Management (EM) employees must take at least five (5) consecutive days of vacation leave each year. y • C. Longevity Vacation Credits for Newly -Hired Executive Management (EM) Employees. The City Manager is authorized to grant to a person newly hired by the City to a position designated as Executive Management (EM), longevity vacation credits in the form of years of service to the City up to a maximum of 20 years. The credits will be counted as completed years of service with the City for the purpose of calculating longevity vacation accrual only. The longevity vacation credits will be added to the years of service actually completed with the City of Santa Ana by the employee to establish total years of service for the purpose of calculating longevity vacation. D. Longevity and Vacation, Pay Option; Once per fiscal year, Executive Management (EM) employees will be given the option to receive cash compensation, computed on a straight time basis, in lieu of up to five (5) working days of earned, unused vacation benefits set forth in Section B. E. Sick Leave Credits for New Hires, The City Manager is authorized to grant a newly appointed Executive Management (EM) employee sick leave credits up to an amount equal to any earned but unused sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous employer. F. Payment for Unused Sick Leave. Executive Management (EM) employees will be granted payment for unused sick leave on the same basis as provided to Santa Ana Management Association (SAMA) represented employees of the City. G. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at his or her discretion, paid or unpaid leave for Executive Management (EM) employees. Section 6. Retirement Plan Contributions, A. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by reference herein. The City will make contributions to CaIPERS in accordance with its contract with CaIPERS for employees covered by said contract as amended. B. 21% at 55 Service Retirement Benefit for Classic Miscellaneous Members The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit. C. Payment of 2.7% at 55 Service Retirement Benefit Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8 %) of CaIPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost - sharing pursuant to Government Code Section 20516(f). Pre - Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this eight percent (8 %) employee contribution will be implemented through 55A -9 payroll deductions on a pre -tax basis. D. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members, The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit. E. _Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.D. (above) will contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit. Pre- Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre -tax contributions. F. 3% at 50 Service Retirement Benefit for Classic Safe Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 3% at 50 Service Retirement benefit. G. moment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees covered by this Resolution will contribute nine percent (9 %) of CalPERS reportable compensation toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost - sharing pursuant to Government Code Section 20516(f). Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9 %) employee contribution will be implemented through payroll deduction on a pre -tax basis. H. 2.7% (a7 57 Retirement Benefit for New Safety Members, The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% @ 57 Service Retirement benefit. I. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.H. (above) will contribute at least 50% of normal cost of the 2.7% at 57 retirement benefit. Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre -tax contributions. J. Final Compensation for Pension Calculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of his or her retirement, or some other 12 consecutive 55A -10 month period designated by the member. Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. K. Military Service Credit as Public Service, An Executive Management (EM) employee covered by this Resolution will be permitted to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment, The cost to purchase this service credit is subject to CalPERS Regulations and calculated using a present value method. L. Deferred Retirement for Classic Safes and Classic Miscellaneous Members as defined in Section B and F (above). The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100 %) of his or her individual retirement contribution which is equal to eight percent (8 %) of reportable compensation for Classic Miscellaneous Members and nine percent (9 %) for Classic Safety Members. Such payments will be credited to the individual employee's CaIPERS account. Such payments are not an increase in base salary and no salary rate range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof.. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8 %) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9 %). For the purpose of reporting an employee's compensation to CaiPERS, the City will include these payments as if they were a part of the employee's reportable compensation. Section 7. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full -time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees. 55A -11 Section B.Medical_Retirement Subsidy Plan. A. The City's current annual contribution towards the Medical Retirement Subsidy Plan for Executive Management (EM) employees covered under this Resolution is 1.75% of the base salary, which is based on the first payroll period in October and deposited no later than October 31st of each year. B. The plan will be administered by the City, at no cost to Executive Management (EM) employees pursuant to the written directives of Executive Management (EM) employees. The funds contributed by the City will be maintained in such a manner as to ensure that the funds are invested in a reasonably secure plan that bears a reasonable rate of interest/growth given current financial markets. For purposes of this Resolution, investments made pursuant to the then current Statement of Investment Policy for the City of Santa Ana, will be deemed to meet the requirements of this section. This program is for medical insurance premium reduction only. C. Effective November 28, 2011, the City adopted a resolution authorizing implementation of the "Vantage Care" Retirement Health Savings Plan (RHS), which designated ICMA -RC as the administrator of the plan. 1. The City agrees to amend the current contract with ICMA -RC to allow unrepresented Executive Management (EM) employees to participate in the Retiree Health Savings Plan upon approval of the majority of Executive Management (EM) employees. 2. Upon establishment of the RHS and adoption of the RHS plan by Executive Management (EM) employees, and upon instructions from Executive Management (EM) employees the City's annual contribution of 1.75% deposited in the Medical Retirement Subsidy Plan will cease. Concurrently with said cessation, the City will increase the base pay of each Executive Management (EM) employee by 1.25% with said amount being deposited into employees' individual RHS accounts each pay period. This 1.25% increase in base is in -lieu of the Annual City Contribution of 1.75% paid to the Medical Retirement Subsidy fund in October each year. 3. If said RHS Plan is established after the annual payment of 1.75% into the existing Medical Retirement Subsidy plan has been made, the salary adjustment and deposit into the RHS of the 1.25% described in paragraph 8,C.2. above will be effective July 1, 2015. 4. Upon approval to participate in the RHS, Executive Management (EM) employees will determine how the existing Medical Retirement Subsidy Plan funds will be distributed among its membership and, if applicable, its retired members. Executive Management (EM) employees will dissolve the existing Medical Retirement Subsidy plan by June 30, 2016, unless said deadline has been extended by mutual agreement of Executive Management (EM) employees and the City. Section 9. Auto Allowance. With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the 55A -12 operation, maintenance and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with an optional vehicle. This provision is in accordance with and as specified in Section 2 -300, Division 1, Article IV, Santa Ana Municipal Code. Section 10. Deferred Compensation. City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into the City's 457(b) plan a portion of his or her compensation up to the maximum amount permitted by law. The City is desirous of establishing a 401(a) deferred compensation plan. As permissible by law the City will establish a 401(x) deferred compensation plan at a future date. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into said 401(a) plan upon its establishment a portion of his or her compensation up to the maximum amount permitted by law. All contributions into the 457(b) and 401(a) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code. The provision of the unrepresented Executive Management (EM) evaluation system are as follows: 11.1 Purpose. The basic purpose of the performance -based evaluation system is to help attract, retain and motivate highly competent Executive Managers and to provide them with a strong incentive to excel. 11.2 Specific Compensation Determination. A. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established range for all executive positions except the City Manager, the City Attorney, and the Clerk of the Council, which will be made by the City Council. B. The City Manager will establish performance criteria and appraisal guidelines to be utilized in setting individual compensation for Executive Management (EM) employees. C. After the salary of an employee has been first established and fixed under this plan, salary advancement through the remaining steps of the 15 -step salary rate range will be based on the results of an annual performance evaluation. 11.3 Evaluation System Components. The evaluation system will be comprised of the following components: 55A -13 A. Annual Obiectives. The system will include a list of outcome- based, measurable objectives to be achieved which have been mutually agreed upon between the appropriate appointing authority and each individual manager subject to his or her authority. A relative weight will be assigned to each objective listed with a minimum weight of 10% and all must total 100 %. B. Managerial Behaviors. In addition to his or her performance in achieving agreed upon objectives, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision - making and judgment, planning and organization, management control, leadership, interpersonal relations, time - management, technical knowledge, handling of stress, etc. 11.4 Performance Evaluation Guidelines. A. The City Manager will annually evaluate the performance of each of his or her Executive Management (EM) employees annually to determine their individual eligibility for a performance increase and how much, if any, increase will be given. Such annual performance evaluation will occur once a year and will cover the twelve month period preceding that date. Additionally, at least one informal mid -year progress review will be held between the City Manager and each of his or her Executive Management (EM) employees. B. Performance Ratings. Each manager's performance in relation to his or her agreed upon annual objectives and managerial behaviors will be evaluated according to the following performance rating scale: Point Rating Performance Levels 3 Significantly Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. Exceeds Expectations: Consistently meets all objectives and requirements and exceeds several. Meets Expectations: Meets objectives and requirements. Below Expectations: Fails to meet some objectives and requirements. 1 Unacceptable: Performance is significantly below the minimum required. 11.5 Performance -Based Salary Adjustments. Each Executive Management (EM) employee may be eligible to receive an annual performance - based, in -range 55A -14 salary increase and /or one -time monetary payment based on a percentage of current annual rate of base salary, or be subject to a performance -based salary reduction, in accordance with the following: A. For overall performance rated as "Significantly Exceeds Expectations," either step increases or one -time monetary payment or a combination of step increases and one -time monetary payment not to exceed seven and one -half percent (7.5 %) in toto. B. For overall performance rated as "Exceeds Expectations," either step increases or one -time monetary payment or a combination of a step increase and one- time monetary payment not to exceed five percent (5 %) in toto. C. For overall performance rated as "Meets Expectations," a one -time monetary payment in an amount up to but not to exceed two and one -half percent (2.5 %) of current annual rate of base salary or advancement of one step (2.6 %) within the salary rate range. D. For overall performance rated as "Below Expectations," no performance salary increase or monetary incentive payment. E. For overall performance rated as "Unacceptable," no performance salary increase or monetary incentive payment. Additionally, any Executive Management (EM) employee who has received such a rating and who is being paid at a step higher than the minimum rate of the salary rate range, may be reduced by one or more steps at the discretion of the City Manager, F. Application of Guidelines. 1. If an Executive Manager who is recommended for a performance increase is at the maximum of his or her salary rate range, then the entire performance increase must be awarded the equivalent amount in a one -time monetary incentive payment. 2. Any one -time monetary incentive payment granted under this plan is not an increase in base salary and no salary rate range applicable to any management employee covered by this Resolution will be changed or deemed to have been changed by reason of such payment. 3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the unrepresented Executive Management (EM) performance -based evaluation system. Such procedures and guidelines will define how performance objectives, measures and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance salary increase and monetary incentive payment options are to be exercised. 55A -15 Section 12. Miscellaneous Provisions A. Catastrophic Leave Donation. Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees. C. Electronic Device Stipend. Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that received by SAMA employees. Privileges, Each employee in a classification of employment designated in Sub - section I.A. of this Resolution as unrepresented Executive Management (EM) will continue to enjoy the same rights and privileges to which they were entitled under Resolution 91- 066 unless otherwise amended, altered or eliminated herein. Section 3: That Resolution No. 91 -066, as amended, is hereby rescinded in its entirety. Section 4: This Resolution is operative from and after January 1, 2015. Miguel A. Pulido Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55A -16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2015 - to be the original City of Santa Ana on January 20, 2015. ,=.' do hereby attest to and certify the attached resolution adopted by the City Council of the 55A -17 Clerk of the Council City of Santa Ana 55A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: RESOLUTION TO AMEND CLASSIFICATION AND COMPENSATION PLANS TO ADD TWO JOB TITLES, CHANGE ONE JOB TITLE AND CHANGE UNIT REPRESENTATION FOR ONE JOB TITLE {STRATEGIC PLAN NO.. 71 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P =2i]wo ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 " Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that reestablishes the Basic Classification and Compensation Plan for all classifications of employment excluding unrepresented Executive Management and rescinds Resolutions 82 -110 and 96 -095. DISCUSSION In 1982, the City Council adopted Resolution 82 -110. This resolution re- established the job classification, compensation and benefit plan for all classifications of employment other than Executive Management and Middle Management. In 1996, the City Council adopted Resolution 96 -095, which established a classification and compensation plan for the new category of employment designated Administrative Management. These resolutions have been amended numerous times adding and updating certain classification, compensation by the City Council over the years, and benefit provisions. As a result there are many amendments to these resolutions, each addressing one or more of the subject employment groups. The proposed Basic Classification and Compensation Plan for these group employees and all represented and non - represented part-time resolution. It deletes obsolete language contained in the original certain provisions relevant to resolution re- establishes the s — all represented full -time employees - under a single resolutions and presents the Classification and Compensation Plan in simplified form, with exhibits titles and compensation levels. The specific employment provisions re by Agreement, and are outlined in the Memorandum of Understanding City and each bargaining unit. 55B -1 delineating classification levant to each group .are established between the Amendment to Classification and Compensation Plan January 20, 2015 Page 2 The proposed resolution establishes two new classification titles, Treasury Services Specialist and Park Ambassador. Treasury Services Specialist will assist in the Finance and Management Services Agency's money management process, including monitoring the investment market and the City's cash flow. Park Ambassador will include a number of specialized duties that promote the positive use of City parks through increased customer service and problem prevention. It is also proposed that the title of Treasury Manager in the Finance and Management Services Agency be changed to Treasury and Customer Service Manager to accurately reflect the full scope of duties and responsibilities assigned to the position. This title change does not involve a change in compensation. Finally, the proposed resolution transfers the Administrative Management classification of Police Systems Manager from the Santa Ana Management Association (SAMA) bargaining unit to the Police Management Association (PIMA) bargaining unit in consideration of the closer community of interest with police management positions. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6. Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals. FISCAL IMPACT There is no fiscal impact associated with these actions, C-- Edward S. Raya Executive Director Personnel Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 55B -2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING, REESTABLISHING AND DELINEATING THE BASIC CLASSIFICATION AND COMPENSATION PLAN FOR ALL FULL TIME AND PART TIME CLASSIFICATIONS OF EMPLOYMENT, EXCEPTING EXECUTIVE MANAGEMENT, AND RESCINDING RESOLUTION NOS, 82 -110 AND 96 -095. BE IT RESOLVED BY • OF THE CITY OF , A FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110, revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing the Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). D, The City Council has amended Resolution Nos. 82 -110 and 96 -095 on numerous occasions since their adoption. E. In an effort to delete obsolete language, clarify, simplify and delineate the Basic Classification and Compensation Plan for all represented full -time employees, and all represented and non - represented part-time employees, the City Attorney recommends reestablishing the Basic Classification and Compensation Plan through this Resolution, and rescinding Resolution Nos. 82 -110 and 96 -095. F. The City of Santa Ana's Position classification and Pay Plan for all full - time and part-time classifications of employment, is attached hereto as Exhibits "A" through "H ", and is made a part hereof, excepting Executive Management classifications which are maintained through separate Resolution. 55B -3 G. In order to provide efficient and effective services in the Treasury and Customer Services Division, the Executive Director of Finance and Management Services proposes adding the full -time classification title of Treasury Services Specialist (see Exhibit E), and changing the existing classification title of Treasury Manager (MM) to Treasury and Customer Services Manager (MM) (see Exhibit D) in the Position Classification and Pay Plan. H. In order to provide enhanced communication and services for the community, while focusing on preventing problems from occurring and promoting positive use of our parks system, the Executive Director of Parks, Recreation and the Community Services Agency proposes adding the part -time classification title of Park Ambassador (see Exhibit G) in the Position Classification and Pay Plan. For collective bargaining purposes, the Executive Director of Personnel Services proposes transferring bargaining unit representation of the full - time Administrative Management classification title of Police Systems Manager from the Santa Ana Management Association (SAMA) to the Santa Ana Police Management Association (PMA) (see Exhibit B) in the Position Classification and Pay Plan. It is now desired to rescind Council Resolution Nos. 82 -110 and 96 -095, and reestablish and affectthe aforementioned changes. Section 2: That Resolution Nos, 82 -110 and 96 -095, as amended, are hereby rescinded in their entirety. Section S: This Resolution is operative from and after its date of adoption. ADOPTED this 201h day of January, 2015. Sonia City Attorney I By Soni arvalho Miguel A. Pulido Mayor 55B -4 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. 2015 -_ to be the original Resolution adopted by the City Council of the City of Santa Ana on January 20, 2015. Date: 55B -5 Clerk of the Council City of Santa Ana CLASSIFICATION EXHIBIT A CITY OF SANTA ANA POSITION ! PAY PLAN FOR CLASSIFICATION TITLE$ REPRESENTED BY ! ! j .i y - .� 6-STEP SALARY RATE RANGE EFFECTIVE 10/01/14 SRR* Monthly Salall CLASSIFICATION TITLE Minimum - Maximum BUDGET AIDE (UC) N/A $4847 -$6186 BUDGET ANALYST (UC) N/A $5502 - $7024 COUNCIL SERVICES SECRETARY (UC) N/A $3741 - $4777 EXECUTIVE ASSISTANT (UC) N/A $4919 - $6278 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC) N/A $4350 - $5557 FINANCE EXECUTIVE SECRETARY (UC) N/A $4268 - $5449 FINANCIAL ANALYST (UC) N/A $5370 - $6853 LEGAL OFFICE ASSISTANT (UC) N/A $3002 -$3831 LEGAL SECRETARY (UC) NIA $3722 - $4753 LIABILITY CLAIMS PROCESSOR (UC) N/A $3812 - $4870 LOSS CONTROL ANALYST (UC) N/A $5370 - $6853 LOSS CONTROL TECHNICIAN (UC) NIA $4847 - $6186 MANAGEMENT AIDE (UC) NIA $4847 - $6186 MANAGEMENT ANALYST (UC) N/A $5502 - $7024 MANAGEMENT ASSISTANT (EXEMPT) (UC) N/A $5502 - $7024 PARALEGAL (EXEMPT) (UC) NIA $4415 -$5639 PAYROLL SYSTEMS ANALYST (UC) N/A $6689 - $8536 PAYROLL TECHNICIAN (UC) N/A $4393 - $5611 PERSONNEL ANALYST (UC) NIA $5370 - $6853 PERSONNEL EXECUTIVE SECRETARY (UC) N/A $4142 -$5291 PERSONNEL SECRETARY (UC) N/A $3741 -$4777 PERSONNEL SERVICES RECEPTIONIST (UC) N/A $3423 - $4371 PERSONNEL SERVICES SPECIALIST (UC) N/A $3594 - $4590 PERSONNEL TECHNICIAN (UC) N/A $4393 - $5611 POLICE PERSONNEL SERVICES SPECIALIST (UC) N/A $3984 - $5089 RISK MANAGEMENT TECHNICIAN (UC) NIA $4393 - $5611 SECRETARY TO THE CITY MANAGER (UC) N/A $5449 - $6955 SENIOR BUDGET ANALYST (UC) NIA $6338 - $8089 SENIOR FINANCIAL ANALYST (UC) NIA $6656 - $8494 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC) N/A $6338 - $8089 SENIOR LEGAL OFFICE ASSISTANT (UC) N/A $3423 - $4371 SENIOR LEGAL SECRETARY (UC) N/A $4142 - $5291 SENIOR MANAGEMENT ANALYST (UC) N/A $6338 -$8089 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC) N/A $6338 - $8089 SENIOR PARALEGAL (EXEMPT) (UC) N/A $5370 - $6853 SENIOR PAYROLL TECHNICIAN (UC) N/A $4847 - $6186 y - .� CITY OF SANTA ANA POSITION D PAY PLAN F CLASSIFICATION REPRESENTED iI CLASSIFICATION TITLE SENIOR PERSONNEL ANALYST (UC) SENIOR PERSONNEL RECEPTIONIST (UC) SENIOR PERSONNEL SERVICES SPECIALIST (UC) SENIOR PERSONNEL TECHNICIAN (UC) SENIOR RISK MANAGEMENT TECHNICIAN (UC) SENIOR WORKERS' COMP. CLAIMS ASSISTANT (UC) SENIOR WORKERS' COMP, CLAIMS EXAM. (UC) SENIOR WORKERS' COMPENSATION SYSTEMS TECH (UC) TRAINING COORDINATOR (UC) WORKERS' COMPENSATION CLAIMS ASSISTANT (UC) WORKERS' COMPENSATION CLAIMS EXAMINER (UC) WORKERS' COMPENSATION SYSTEMS TECHNICIAN (UC) 6 -STEP SALARY RATE RANGE EFFECTIVE 10/01114 SRR* Monthly Salary Minimum - Maximum N/A $6656 - $8494 N/A $3741 - $4777 NIA $3984 - $5089 N/A $4847 -$6186 N/A $4847 - $6186 NIA $4289 - $6476 NIA $5891-$7620 N/A $4504 - $5749 NIA $6656 - $8494 N/A $3812 - $4870 N/A $5089 - $6495 N/A $4003 - $5114 Footnote " Effective 10/1/14, ERR obsolete due to 1.25% increase in -lieu of Medical Retirement Subsidy. °* "(UC)" is the parenthetical identifier used to designate classification titles as Unaffiliated Confidential. Benefits and compensation provisions for classification titles represented by CASA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. This Classification and Pay Plan was adopted through Resolution on 1120/15. 55B -7 EXHIBIT B CITY OF SANTA ANA POSITION CLASSIFICATION FOR CLASSIFICATION SWORN CLASSIFICATION TITLE POLICE CAPTAIN (RM) POLICE LIEUTENANT (RM) NON -SWORN CLASSIFICATION TITLE JAIL ADMINISTRATOR (RM) POLICE ADMINISTRATIVE MANAGER (RM) POLICE COMMUNICATIONS MANAGER (RM) POLICE SYSTEMS MANAGER (RM)' 4-STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Monthly Salary Minimum - Maximum M834 $12223 - $14150 M800 $10350 - $11982 EFFECTIVE 7/1/13 SSRR Monthly y alary Minimum - Maximum M813 $11031 - $13409 M754 $ 8269 - $10055 M739 $ 7685 - $ 9342 M777 $ 9250 - $11254 Footnotes ` Classification transferred from SAMA bargaining unit to PMA bargaining unit effective 2/1/15, "(RM)" is the parenthetical identifier used to designate classification titles as Represented Management, *`* Benefits and compensation provisions for classification titles represented by PMA are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. * * ** This Classification and Pay Plan was adopted through Resolution on 1120115. 55B -8 55B -9 EXHIBIT C CITY OF SA POSITION CATIONTA N ANA FOR i i BY SWORN CLASSIFICATION TITLE POLICE OFFICER POLICE SERGEANT NON - SWORN CLASSIFICATION TITLE ANIMAL SERVICE OFFICER I ANIMAL SERVICE OFFICER II BACKGROUND INVESTIGATOR COMMUNICATIONS SERVICES OFFICER CORRECTIONAL OFFICER CORRECTIONAL SUPERVISOR CRIME RESEARCH AIDE CRIME RESEARCH ANALYST EMERGENCY OPERATIONS COORDINATOR FIREARMS EXAMINER FORENSIC SERVICES SUPERVISOR FORENSIC SPECIALIST I FORENSIC SPECIALIST II PARKING CONTROL OFFICER POLICE ATHLETICIACTIVITIES LEAGUE ASSISTANT DIR POLICE COMMUNICATIONS SUPERVISOR POLICE COMMUNITY SERVICES SPECIALIST POLICE EVIDENCE AND SUPPLY SPECIALIST POLICE EVIDENCE AND SUPPLY SUPERVISOR POLICE INVESTIGATIVE SPECIALIST POLICE PHOTONIDEO SPECIALIST POLICE PROPERTY AND EVIDENCE SUPERVISOR POLICE RECRUIT POLICE SERVICE OFFICER POLICE SERVICES DISPATCHER 55B -10 §-STEP SALARY HATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary Minimum - Maximum 690 $6050 -$7355 733 $7463 -$9073 §-STEP SALARY RATE RANGE EFFECTIVE E 11(13 SRR Monthly Salary Minimum - Maximum 626 $4426 - $5382 656 $5126 - $6230 641 $4764 - $5790 621 $4317 - $5252 641 $4764 - $5790 690 $6050 - $7355 652 $5026 - $6110 678 $5706 - $6937 710 $6670 -$8109 697 $6260 - $7609 728 $7283 - $8853 652 $5026 - $6110 671 $5515 - $6702 591 $3728 - $4533 620 $4296 - $5226 686 $5934 - $7211 641 $4764 - $5790 624 $4382 - $5330 644 $4834 - $5876 641 $4764 - $5790 621 $4317 -$5252 644 $4834 - $5876 650 $4978 - $6050 621 $4317 - $5252 646 $4882 - $5934 Footnotes Benefits and compensation provisions for classification titles represented by POA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. '° This Classification and Pay Plan was adopted through Resolution on 1120115. 55B -11 EXHIBIT D CITY OF SANTA ANA POSITION FOR CLASSIFICATION TITLE$ REPRESENTED BY y - v� 5 -STEP SALARY RATE RANGE EFFECTIVE 10/01114 EFFECTIVE 10101114 Monthly Salary SRR* Monthly Salapl ADMINISTRATIVE MANAGEMENT CLASSIFICATION TITLE ACCOUNTING MANAGER (MM) Minimum - Maximum APPLICATIONS SYSTEMS MANAGER (AM) N/A $9231 - $11225 APPLICATIONS/TECH SUPPORT MANAGER (AM) N/A $9697 - $11786 BENEFITS AND COMPENSATION SUPERVISOR (AM) N/A $7593 - $ 9231 BENEFITS SUPERVISOR (AM) N/A $7196 - $ 8749 BUDGET AND RESEARCH MANAGER (AM) N/A $8792 - $10690 COMMUNITY PRESERVATION COORDINATOR (AM) NIA $7266 - $ 8834 CORRECTIONAL MANAGER (AM) N/A $7704 - $ 9366 PRINCIPAL MANAGEMENT ANALYST (AM) N/A $7593 - $ 9231 PRINCIPAL PLANNER (AM) NIA $8621 - $10479 SUPERVISOR OF INSPECTIONS (AM) NIA $8012 - $ 9745 WORKERS' COMPENSATION SUPERVISOR (AM) N/A $7196 - $ 8749 y - v� EFFECTIVE 10/01114 SRR* Monthly Salary MIDDLE MANAGEMENT CLASSIFICATION TITLE Minimum - Maximum ACCOUNTING MANAGER (MM) N/A $ 8940 - $13272 ADMINISTRATIVE SERVICES MANAGER (MM) N/A $ 8303 - $12324 ASSISTANT CITY ATTORNEY (MM) N/A $ 8303 - $12324 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM) N/A $ 9164 - $13601 ASSISTANT DIR OF FINANCE AND MANAGEMENT SVCS (MM) NIA $ 9627 - $14292 ASSISTANT DIR OF PARKS, REC, AND CMTY SVCS (MM) NIA $ 9164 - $13601 ASSISTANT DIR OF PERSONNEL SERVICES (MM) N/A $ 9164 - $13601 ASSISTANT DIR OF PLANNING AND BUILDING (MM) N/A $ 9627 - $14292 ASSISTANT TO THE CITY MANAGER (MM) N/A $ 8303 - $12324 BUILDING SAFETY MANAGER (MM) N/A $ 9164 - $13601 CHIEF ASSISTANT CITY ATTORNEY (MM) N/A $10115 - $15015 CITY ENGINEER (MM) N/A $ 9627 - $14292 CITY TRAFFIC ENGINEER (MM) NIA $ 8940 - $13272 COMMUNITY DEVELOPMENT MANAGER (MM) N/A $ 8303 - $12324 COMMUNITY PRESERVATION MANAGER (MM) NIA $ 9164- $13601 COMMUNITY SERVICES MANAGER (MM) N/A $ 8303 - $12324 CORPORATE YARD FACILITIES /FLEET SVCS MGR (MM) NIA $ 8303 - $12324 COUNCIL SERVICES MANAGER (MM) N/A $ 8303 - $12324 DEPUTY BUILDING OFFICIAL/NEW CONSTRUCTION (MM) N/A $ 8303 - $12324 y - v� CITY OF SANTA ANA POSITION • AND PAY PLAN FOR CLASSIFICATION MIDDLE MANAGEMENT CLASSIFICATION TITLE DEPUTY BUILDING OFFICIAL/PLAN CHECK (MM) DEPUTY CITY ATTORNEY (MM) DEPUTY CITY ENGINEER (MM) ECONOMIC DEVELOPMENT MANAGER (MM) FACILITIES MAINTENANCE SUPERINTENDENT (MM) HOUSING DIVISION MANAGER (MM) INFORMATION SERVICES MANAGER (MM) LIBRARY OPERATIONS MANAGER (MM) PLANNING MANAGER (MM) PRINCIPAL CIVIL ENGINEER (MM) PUBLIC WORKS MAINTENANCE MANAGER (MM) RISK MANAGER (MM) SENIOR ASSISTANT CITY ATTORNEY (MM) STRATEGIC COMMUNICATIONS MANAGER (MM) TRANSIT PROGRAM MANAGER (MM) TRANSPORTATION MANAGER (MM) TREASURY AND CUSTOMER SERVICES MANAGER (MM) WATER RESOURCES MANAGER (MM) ZOO MANAGER (MM) 17 -STEP SALARY RATE RANGE EFFECTIVE 10101114 SRR* Mcsnthly Saiary Minimum - Maximum N/A $ 8940- $13272 N/A $ 6484 - $ 9627 N/A $ 8940- $13272 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A $ 8303- $12324 $ 7522- $11164 $ 8303 - $12324 $ 8940 - $13272 $ 7338- $10893 $ $ 9164 - $13601 8940 - $13272 8720- $12947 8508- $12633 9627 - $14292 7708- $11443 8940- $13272 8940- $13272 8303- $12324 9164 - $13601 8303 - $12324 Footnotes " Effective 1011114, SRR obsolete due to 1.25% increase In -lieu of Medical Retirement Subsidy. "(AM)" is the parenthetical identifier used to designate classification titles as Administrative Management. "(MM)" is the parenthetical identifier used to designate classification titles as Middle Management. Benefits and compensation provisions for classification titles represented by SAMA are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargalning Unit. This Classification and Pay Plan was adopted through Resolution on 1/20115. 55B -13 55B -14 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum ACCOUNTANTI 634 $4601 -$6170 ACCOUNTANT R 662 $5278 - $7073 ACCOUNTING ASSISTANT 583 $3586 -$4810 ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 583 $3586 -$4810 ACCOUNTS PAYABLE SUPERVISOR 637 $4671 -$6260 ACTIVE TRANSPORTATION COORDINATOR* 673 $5569 - $7463 ASSISTANT BUYER 598 $3861-$5176 ASSISTANT ENGINEER 702 $6415 -$8599 ASSISTANT ENGINEER II 716 $6869 - $9205 ASSISTANT FLEET EQUIPMENT TECHNICIAN 578 $3501 -$4694 ASSISTANT INSTRUMENT TECHNICIAN 609 $4074. $5461 ASSISTANT LIBRARIAN 592 $3747 - $5026 ASSISTANT PARKS /LANDSCAPE PLANNER 643 $4810 -$6446 ASSISTANT PLAN CHECK ENGINEER 1 702 $6415 - $8599 ASSISTANT PLAN CHECK ENGINEER II 716 $6869 - $9205 ASSISTANT PLANNER 643 $4810 -$6446 ASSISTANT PLANNER It 663 $5304 -$7107 ASSISTANT TRAFFIC OPERATIONS ENGINEER 716 $6869 - $9205 ASSOCIATE PARK AND LANDSCAPE PLANNER 693 $6140 - $8229 ASSOCIATE PLAN CHECK ENGINEER 731 $7391 - $9906 ASSOCIATE PLANNER 693 $6140 -$8229 BIBLIOGRAPHIC TECHNICIAN 582 $3568 - $4787 BUILDING INSPECTOR 643 $4810 -$6446 BUILDING MAINTENANCE AIDE 561 $3221 -$4317 BUILDING MAINTENANCE SUPERVISOR 653 $5051 -$6768 BUILDING MAINTENANCE TECHNICIAN 601 $3915 -$5252 BUILDING TECHNICIAN 595 $3803 - $5101 BUSINESS TAX COLLECTOR /INSPECTOR 607 $4034 -$5408 BUYER 647 $4906 -$6574 BUYER /SYSTEMS TECHNICIAN 647 $4906 - $6574 CENTRAL SERVICES SUPERVISOR 607 $4034 -$5408 COMBINATION BUILDING INSPECTOR 643 $4810 -$6446 COMMUNITY DEVELOPMENT ANALYST 658 $5176 -$6937 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 579 $3519 -$4718 COMMUNITY DEVELOPMENT DISTRICT MANAGER 713 $6768 -$9073 COMMUNITY DEVELOPMENT TECHNICIAN 612 $4132 -$5542 55B -14 55B -15 7 -STEP SALARY RATE: RANGE EFFECTIVE 7/1/13 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum COMMUNITY EVENTS SUPERVISOR 668 $5434 -$7283 COMMUNITY PRESERVATION INSPECTOR 643 $4810 -$6446 COMMUNITY PRESERVATION TECHNICIAN 595 $3803 -$5101 COMMUNITY SERVICES SUPERVISOR 683 $5847 -$7837 COMPUTER OPERATOR 607 $4034 -$5408 COMPUTER PROGRAMMER 650 $4978 -$6670 COMPUTER SYSTEMS ANALYST/PROGRAMMER 670 $5488 -$7355 CONSTRUCTION INSPECTOR 1 643 $4810 -$6446 CONSTRUCTION INSPECTOR II 653 $5051 -$6768 CONTRACTS ADMINISTRATOR 643 $4810 -$6446 CORRECTIONAL RECORDS SPECIALIST 544 $2965 - $3974 CUSTODIAL AIDE /PORTER 506 $2463 -$3302 CUSTODIAN 536 $2853 -$3822 CUSTODIAN SUPERVISOR 588 $3676 -$4930 CUSTOMER SERVICE REPRESENTATIVE 591 $3728 - $5002 DATA ENTRY OFFICE ASST 561 $3221-$4317 DATA ENTRY OPERATOR 552 $3082 -$4132 DATA ENTRY SPECIALIST 561 $3221- $4317 DEPUTY CLERK OF THE COUNCIL 602 $3935 -$5278 DOWNTOWN DEVELOPMENT LIAISON ** 664 $5330 -$7141 ECONOMIC DEVELOPMENTAIDE 612 $4132 -$5542 ECONOMIC DEVELOPMENT SPECIALIST 1 663 $5304 -$7107 ECONOMIC DEVELOPMENT SPECIALIST II 693 $6140 - $8229 ECONOMIC DEVELOPMENT SPECIALIST III 723 $7107 -$9529 ELECTRICAL INSPECTOR 643 $4810 -$6446 EMPLOYMENT SERVICES FISCAL SPECIALIST 634 $4601 - $6170 ENGINEERING AIDE 597 $3841 -$5151 ENVIRONMENTAL COORDINATOR 693 $6140 -$8229 EQUIPMENT OPERATOR 602 $3935 -$5278 EQUIPMENT OPERATOR - WATER SERVICES 607 $4034 - $5408 EXECUTIVE SECRETARY 600 $3896 -$5226 FACILITIES SUPERVISOR 653 $5051 -$6768 FLEET EQUIPMENT SUPERVISOR 667 $5408 -$7247 FLEET EQUIPMENT TECHNICIAN 608 $4054 -$5434 FLEET EQUIPMENT TECHNICIAN II 628 $4470 -$5992 55B -15 y - ll� 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 .RR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum FLEET EQUIPMENT TECHNICIAN III 643 $4810 - $6446 FLEET PARTS SPECIALIST 618 $4257 - $5706 GENERAL MAINTENANCE AIDE 561 $3221- $4317 GENERAL MAINTENANCE LEADER 622 $4339 - $5818 GENERAL MAINTENANCE SUPERVISOR 653 $5051- $6768 GENERAL MAINTENANCE WORKER 601 $3915 - $5252 GIS ADMINISTRATOR 688 $5992 -$8029 GRAPHICS DESIGNER 1 604 $3974 - $5330 GRAPHICS DESIGNER II 624 $4382 - $5876 HOUSING AUTHORITY AIDE 534 $2824 -$3784 HOUSING AUTHORITY ANALYST 660 $5226 -$7005 HOUSING AUTHORITY COORDINATOR 723 $7107 - $9529 HOUSING AUTHORITY INTAKE SPECIALIST 549 $3040 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 681 $5790 - $7761 HOUSING PROGRAMS AIDE 572 $3398 -$4556 HOUSING PROGRAMS ANALYST 681 $5790 - $7761 HOUSING PROGRAMS COORDINATOR 723 $7107 - $9529 HOUSING SPECIALIST 582 $3568 -$4787 HOUSING SPECIALIST II 606 $4014 - $5382 INFORMATION SERVICES REPRESENTATIVE 596 $3822 - $5126 INSTRUMENT TECHNICIAN 623 $4360 -$5847 INTAKE SPECIALIST 549 $3040 - $4074 LANDSCAPE DEVELOPMENT ASSOCIATE 693 $6140 -$8229 LEAD ACCOUNTING ASSISTANT 617 $4236-$5678 LEAD CORRECTIONAL RECORDS SPECIALIST 586 $3640 - $4882 LEAD POLICE RECORDS SPECIALIST 596 $3822 - $5126 LIBRARIAN 632 $4556 - $6110 LIBRARYAIDE 489 $2268 -$3040 LIBRARY SERVICES ASSISTANT 534 $2824 -$3784 LOAN SPECIALIST 633 $4579 - $6140 MAIL CLERK /MESSENGER 515 $2574 -$3449 MAINTENANCE ASSISTANT 536 $2853 - $3822 MAINTENANCE WORKER 1 556 $3144 -$4215 MAINTENANCE WORKER II 576 $3467 -$4648 METER READER COLLECTOR 582 $3568 -$4787 y - ll� FULL -TIME CLASSIFICATION TITLE MICRO SYSTEMS PROGRAMMER MICRO SYSTEMS TECHNICIAN NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST" NETWORK ENGINEER NETWORK SPECIALIST /WAN SYSTEMS ADMINISTRATOR OFFICE ASSISTANT OFFICE SPECIALIST OFFICE SUPERVISOR PARK MAINTENANCE AIDE PARK MAINTENANCE INSPECTOR I PARK MAINTENANCE INSPECTOR II PARK MAINTENANCE LEADER PARK MAINTENANCE SUPERVISOR PARKRANGER PARKING METER OPERATIONS SUPERVISOR PARKING METER TECHNICIAN I PARKING METER TECHNICIAN II PERMIT PROCESSOR PERMIT SUPERVISOR PERMIT TECHNICIAN PLAN EXAMINER (T) PLANNING ASSISTANT PLANNING COMMISSION SECRETARY PLUMBING INSPECTOR POLICE FISCAL OFFICER POLICE FISCAL SERVICES SUPERVISOR POLICE RECORDS SPECIALIST POLICE RECORDS SUPERVISOR POLICE SYSTEMS SUPPORT ANALYST PRINCIPAL LIBRARIAN PRINCIPAL PROGRAMMER ANALYST PROGRAMMER ANALYST PROJECTS MANAGER PROPERTY CONTROL SPECIALIST PROPERTY REHABILITATION ASSISTANT 55B -17 EFFECTIVE 711/13 ERR Monthly Salary Monimum - Maximum 678 $5706 -$7647 612 $4132 - $5542 663 $5304 -$7107 718 $6937 -$9296 678 $5706 -$7647 534 $2824 -$3784 509 $2500 -$3352 603 $3954 -$5304 434 $1734 -$2322 561 $3221 -$4317 605 $3994 -$5356 605 $3994 -$5356 653 $5051 -$6768 622 $4339 -$5818 615 $4194 -$5623 565 $3285 -$4404 595 $3803 -$5101 581 $3550 -$4764 663 $5304 -$7107 633 $4579 -$6140 662 $5278 -$7073 623 $4360 - $5847 600 $3896 -$5226 643 $4810 -$6446 681 $5790 -$7761 650 $4978 - $6670 554 $3113 -$4173 621 $4317 -$5790 698 $6291 -$8431 652 $5026 -$6735 718 $6937 -$9296 678 $5706 -$7647 703 $6446 -$8641 582 $3568-$4787 582 $3568 -$4787 •7 7 -STEP SALARY RATE RANGE EFFECTIVE 719113 SIR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum PUBLIC WORKS CREW LEADER 622 $4339 - $5818 PUBLIC WORKS DISPATCHER 566 $3302 -$4426 PUBLIC WORKS PROJECTS SPECIALIST 663 $5304 - $7107 PURCHASING ASSISTANT 572 $3398- $4556 PURCHASING SPECIALIST 583 $3586 -$4810 PURCHASING SUPERVISOR 692 $6110 -$8189 RECEPTIONIST 549 $3040 -$4074 RECORDS SPECIALIST 577 $3484 - $4671 RECREATION LEADER 522 $2663 -$3568 RECREATION PROGRAM COORDINATOR 602 $3935 - $5278 REPROGRAPHIC EQUIPMENT OPERATOR 541 $2921 -$3915 RESIDENTIAL CONSTRUCTION SPECIALIST 643 $4810 - $6446 REVENUE AND CONTRACT COMPLIANCE AUDITOR 662 $5278 - $7073 REVENUE PROCESSING ASSISTANT 552 $3082 - $4132 REVENUE SUPERVISOR 637 $4671 -$6260 SANITATION INSPECTOR I S92 $3747 -$5026 SANITATION INSPECTOR II 633 $4579 -$6140 SECRETARY 579 $3519 -$4718 SECURITY ELECTRONICS TECHNICIAN 656 $5126 -$6869 SENIOR ACCOUNTANT 681 $5790 - $7761 SENIOR ACCOUNTING ASSISTANT 598 $3861-$5176 SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN 598 $3861-$5176 SENIOR ASSISTANT ENGINEER 731 $7391 -$9906 SENIOR BUILDING INSPECTOR 663 $5304 -$7107 SENIOR CIVIL ENGINEER 754 $8269- $11086 SENIOR COMBINATION BUILDING INSPECTOR 663 $5304 - $7107 SENIOR COMMUNITY DEVELOPMENT ANALYST 687 $5963 -$7989 SENIOR COMMUNITY PRESERVATION INSPECTOR 663 $5304 - $7107 SENIOR CORRECTIONAL RECORDS SPECIALIST 571 $3381-$4533 SENIOR DEPUTY CLERK OF THE COUNCIL 632 $4556 -$6110 SENIOR ELECTRICAL INSPECTOR 663 $5304 -$7107 SENIOR ELECTRICAL SYSTEMS SPECIALIST 663 $5304 - $7107 SENIOR ENGINEER 754 $8269 - $11086 SENIOR FLEET EQUIPMENT SUPERVISOR 687 $5963 -$7989 SENIOR GRADING SPECIALIST 663 $5304 - $7107 •7 J 7 -STEP SALARY R&TE RANGE EFFECTIVE 711113 LRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum SENIOR HOUSING SPECIALIST 644 $4834 -$6478 SENIOR LAND SURVEYOR 764 $8683- $11640 SENIOR LIBRARIAN 637 $4671- $6260 SENIOR LIBRARY TECHNICIAN (T) 592 $3747 -$5026 SENIOR OFFICE ASSISTANT 561 $3221- $4317 SENIOR OFFICE SPECIALIST 534 $2824 - $3784 SENIOR PARK MAINTENANCE SUPERVISOR 683 $5847 -$7837 SENIOR PLAN CHECK ENGINEER 754 $8269- $11086 SENIOR PLANNER 713 $6768 -$9073 SENIOR PLUMBING INSPECTOR 663 $5304 -$7107 SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. 663 $5304 -$7107 SENIOR POLICE RECORDS SPECIALIST 581 $3550 - $4764 SENIOR PROGRAMMER ANALYST 698 $6291-$8431 SENIOR RECEPTIONIST 579 $3519-$4718 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 663 $5304 - $7107 SENIOR SYSTEMS ADMINISTRATOR 670 $5488 -$7355 SENIOR TRAFFIC ENGINEER 754 $8269 - $11086 SENIOR TRANSPORTATION ANALYST 754 $8269 - $11086 SENIOR WATER SYSTEMS OPERATOR 643 $4810 - $6446 STOCK CLERK 577 $3484 - $4671 STOREKEEPER 612 $4132 -$5542 STORES AND CITY YARD PROPERTY SPECIALIST * ** 612 $4132 - $5542 STORMWATER COORDINATOR 673 $5569 -$7463 STREET LIGHTING MAINTENANCE WORKER 612 $4132 - $5542 STREET MAINTENANCE SUPERVISOR 653 $5051 -$6768 STREET PAINTER 596 $3822 - $5126 SUPERVISING ACCOUNTANT 703 $6446 -$8641 SUPERVISING BUYER 677 $5678 -$7609 SUPERVISING LIBRARY SERVICES ASSISTANT 566 $3302 -$4426 SUPERVISING PARK RANGER 647 $4906 -$6574 SURVEY PARTY CHIEF 676 $5650 -$7571 SURVEY PARTY TECHNICIAN I 612 $4132 - $5542 SURVEY PARTY TECHNICIAN II 643 $4810 -$6446 SYSTEMS ADMINISTRATOR 638 $4694 -$6291 SYSTEMS SUPPORT ANALYST 698 $6291 -$8431 J ', t J 7 -6TEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Mottthly Salary FULL -TIME CLASSIFICATION TITLE Alinlmum - Maximum SYSTEMS TECHNICIAN 578 $3501 -$4694 TELECOMMUNICATIONS COORDINATOR 680 $5762 - $7723 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 591 $3728 -$5002 TENANT SERVICES TECHNICIAN 579 $3519 -$4718 TREASURY SERVICES SPECIALIST * * ** 622 $4339 - $5818 TREASURY SERVICES SUPERVISOR 637 $4671 -$6260 TREE MAINTENANCE SUPERVISOR 653 $5051 -$6768 TREETRIMMER 596 $3822 -$5126 UTILITIES BILLINGfSYSTEMSTECHNICIAN 591 $3728 -$5002 VIDEO TECHNICIAN 634 $4601 -$6170 WATER SERVICES CREW LEADER 627 $4448 -$5963 WATER SERVICES METER REPAIRER 1 586 $3640 - $4882 WATER SERVICES METER REPAIRER II 606 $4014 - $5382 WATER SERVICES QUALITY COORDINATOR 678 $5706 - $7647 WATER SERVICES QUALITY INSPECTOR 638 $4694 -$6291 WATER SERVICES QUALITY SUPERVISOR 658 $5176 - $6937 WATER SERVICES SUPERVISOR 658 $5176 - $6937 WATER SERVICES UTILITY INSPECTOR 638 $4694 -$6291 WATER SERVICES WORKER 561 $3221 -$4317 WATER SERVICES WORKER II 581 $3550 -$4764 WATER SYSTEMS OPERATOR 1 589 $3695 - $4954 WATER SYSTEMS OPERATOR II 609 $4074 - $5461 WATER SYSTEMS OPERATOR 111 623 $4360-$5847 WEB SYSTEMS TECHNICIAN 578 $3501 - $4694 WEBSITE ENTRY SPECIALIST 552 $3082 - $4132 WORK CENTER COORDINATOR 723 $7107 -$9529 WORKFORCE SPECIALIST 1 578 $3501 - $4694 WORKFORCE SPECIALIST II 603 $3954 - $5304 WORKFORCE SPECIALIST III 623 $4360 - $5847 WORKFORCE SPECIALIST IV 678 $5706 - $7647 YOUTH SERVICES TECHNICIAN 572 $3398 -$4556 ZOO ANIMAL REGISTRAR 583 $3586 -$4810 ZOO CURATOR 632 $4556 - $6110 ZOO CURATOR OF EDUCATION 632 $4556 - $6110 ZOO EDUCATION SPECIALIST 583 $3586 - $4810 ', t J FULL-TIME CLASSIFICATION TITLE ZOO KEEPER AIDE ZOO KEEPER I ZOO KEEPER II Footnotes * Title /Salary created effective 5120114. *" Title /Salary created effective 4/01/14. *" Title /Salary created effective 07/01114. Title /Salary created effective 01/20/15. Benefits and compensation provisions for full -time classification titles represented by SEIU are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. This Classification and Pay Plan was adopted through Resolution on 1/20/15. 55B -21 EFFECTIVE 7/1113 SRR MMVY Selary Minimum - Maximum 493 $2311 -$3098 553 $3098 -$4152 583 $3586 -$4810 Benefits and compensation provisions for full -time classification titles represented by SEIU are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. This Classification and Pay Plan was adopted through Resolution on 1/20/15. 55B -21 FULL -TIME CLASSIFICATION TITLE ACCOUNTANTI ACCOUNTANTII ACCOUNTING ASSISTANT ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN ACCOUNTS PAYABLE SUPERVISOR ACTIVE TRANSPORTATION COORDINATOR* ASSISTANT BUYER ASSISTANT ENGINEER I ASSISTANT ENGINEER it ASSISTANT FLEET EQUIPMENT TECHNICIAN ASSISTANT INSTRUMENT TECHNICIAN ASSISTANT LIBRARIAN ASSISTANT PARKS /LANDSCAPE PLANNER ASSISTANT PLAN CHECK ENGINEER I ASSISTANT PLAN CHECK ENGINEER II ASSISTANT PLANNER I ASSISTANT PLANNER II ASSISTANT TRAFFIC OPERATIONS ENGINEER ASSOCIATE PARK AND LANDSCAPE PLANNER ASSOCIATE PLAN CHECK ENGINEER ASSOCIATE PLANNER BIBLIOGRAPHIC TECHNICIAN BUILDING INSPECTOR BUILDING MAINTENANCE AIDE BUILDING MAINTENANCE SUPERVISOR BUILDING MAINTENANCE TECHNICIAN BUILDING TECHNICIAN BUSINESS TAX COLLECTORIINSPECTOR BUYER BUYER/SYSTEMS TECHNICIAN CENTRAL SERVICES SUPERVISOR COMBINATION BUILDING INSPECTOR COMMUNITY DEVELOPMENT ANALYST COMMUNITY DEVELOPMENT COMMISSION SECRETARY COMMUNITY DEVELOPMENT DISTRICT MANAGER 55B -22 6-STEP SALARY RATE RANGE 653 EFFECTIVE 711113 SRR Monthly Sala„ 663 Minimum - Maximum 644 $4834 - $6170 672 $5542 -$7073 593 $3765-$4810 593 $3765 -$4810 647 $4906 -$6260 683 $5847 -$7463 608 $4054 -$5176 712 $6735 -$8599 726 $7211 -$9205 588 $3676 -$4694 619 $4278 -$5461 602 $3935 -$5026 653 $5051 -$6446 712 $6735 -$8599 726 $7211 -$9205 653 $5051 -$6446 673 $5569 -$7107 726 $7211 -$9205 703 $6446 -$8229 741 $7761 -$9906 703 $6446 -$8229 592 $3747 -$4787 653 $5051-$6446 571 $3381 -$4317 663 $5304 -$6768 611 $4111 -$5252 605 $3994 -$5101 617 $4236 -$5408 657 $5151 -$6574 657 $5151 -$6574 617 $4236 -$5408 653 $5051 -$6446 668 $5434 -$6937 589 $3695 -$4718 723 $7107 -$9073 FULL -TIME CLASSIFICATION TITLE COMMUNITY DEVELOPMENT TECHNICIAN COMMUNITY EVENTS SUPERVISOR COMMUNITY PRESERVATION INSPECTOR COMMUNITY PRESERVATION TECHNICIAN COMMUNITY SERVICES SUPERVISOR COMPUTER OPERATOR COMPUTER PROGRAMMER COMPUTER SYSTEMS ANALYST/PROGRAMMER CONSTRUCTION INSPECTOR I CONSTRUCTION INSPECTOR II CONTRACTS ADMINISTRATOR CORRECTIONAL RECORDS SPECIALIST CUSTODIAL AIDEIPORTER CUSTODIAN CUSTODIAN SUPERVISOR CUSTOMER SERVICE REPRESENTATIVE DATA ENTRY OFFICE ASST DATA ENTRY OPERATOR DATA ENTRY SPECIALIST DEPUTY CLERK OF THE COUNCIL DOWNTOWN DEVELOPMENT LIAISON*" ECONOMIC DEVELOPMENTAIDE ECONOMIC DEVELOPMENT SPECIALIST l ECONOMIC DEVELOPMENT SPECIALIST II ECONOMIC DEVELOPMENT SPECIALIST III ELECTRICAL INSPECTOR EMPLOYMENT SERVICES FISCAL SPECIALIST ENGINEERING AIDE ENVIRONMENTAL COORDINATOR EQUIPMENT OPERATOR EQUIPMENT OPERATOR - WATER SERVICES EXECUTIVE SECRETARY FACILITIES SUPERVISOR FLEET EQUIPMENT SUPERVISOR FLEET EQUIPMENT TECHNICIAN I 55B -23 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR mRawxSala¢Y Minimum - Maximum 622 $4339 -$5542 678 $5706 -$7283 653 $5051 - $6446 605 $3994 -$5101 693 $6140 - $7837 617 $4236 -$5408 660 $5226 -$6670 680 $5762 -$7355 653 $5051 -$6446 663 $5304 -$6768 653 $5051 -$6446 554 $3113 - $3974 516 $2587 -$3302 546 $2995 -$3822 598 $3861- $4930 601 $3915 -$5002 571 $3381 -$4317 562 $3237 - $4132 571 $3381 -$4317 612 $4132 -$5278 674 $5596 -$7141 622 $4339 - $5542 673 $5569 -$7107 703 $6446 -$8229 733 $7463 -$9529 653 $5051 -$6446 644 $4834 -$6170 607 $4034 -$5151 703 $6446 -$8229 612 $4132 -$5278 617 $4236 -$5408 610 $4091 -$5226 663 $5304 -$6768 677 $5678 -$7247 618 $4257 -$5434 55B -24 6-STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL -TIME CLASSIFICATION TITLE Minimum - Maximum FLEET EQUIPMENT TECHNICIAN II 638 $4694 - $5992 FLEET EQUIPMENT TECHNICIAN AI 653 $5051 - $6446 FLEET PARTS SPECIALIST 628 $4470 - $5706 GENERAL MAINTENANCE AIDE 571 $3381-$4317 GENERAL MAINTENANCE LEADER 632 $4556 - $5818 GENERAL MAINTENANCE SUPERVISOR 663 $5304 - $6768 GENERAL MAINTENANCE WORKER 611 $4111-$5252 GIS ADMINISTRATOR 698 $6291-$8029 GRAPHICS DESIGNER 1 614 $4173 -$5330 GRAPHICS DESIGNER II 634 $4601 -$5876 HOUSING AUTHORITY AIDE 544 $2965 - $3784 HOUSING AUTHORITY ANALYST 670 $5488 - $7005 HOUSING AUTHORITY COORDINATOR 733 $7463 - $9529 HOUSING AUTHORITY INTAKE SPECIALIST 559 $3192 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 691 $6080 - $7761 HOUSING PROGRAMS AIDE 582 $3568 - $4556 HOUSING PROGRAMS ANALYST 691 $6080 -$7761 HOUSING PROGRAMS COORDINATOR 733 $7463 - $9529 HOUSING SPECIALIST 1 592 $3747 - $4787 HOUSING SPECIALIST 11 616 $4215 - $5382 INFORMATION SERVICES REPRESENTATIVE 606 $4014 - $5126 INSTRUMENT TECHNICIAN 633 $4579 - $5847 INTAKE SPECIALIST 559 $3192 - $4074 LANDSCAPE DEVELOPMENT ASSOCIATE 703 $6446 - $8229 LEAD ACCOUNTING ASSISTANT 627 $4448 - $5678 LEAD CORRECTIONAL RECORDS SPECIALIST 596 $3822 - $4882 LEAD POLICE RECORDS SPECIALIST 606 $4014 - $5126 LIBRARIAN 642 $4787 -$6110 LIBRARY AIDE 499 $2381 -$3040 LIBRARY SERVICES ASSISTANT 544 $2965 - $3784 LOAN SPECIALIST 643 $4810 -$6140 MAIL CLERKIMESSENGER 525 $2703 - $3449 MAINTENANCE ASSISTANT 546 $2995 - $3822 MAINTENANCE WORKER 1 566 $3302 - $4215 MAINTENANCE WORKER II 586 $3640 - $4648 55B -24 55B -25 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SSRR Monthly Salaay FULL -TIME CLASSIFICATION TITLE Minimum - Maximum METER READER COLLECTOR 592 $3747 - $4787 MICRO SYSTEMS PROGRAMMER 688 $5992 -$7647 MICRO SYSTEMS TECHNICIAN 622 $4339 - $5542 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST ** 673 $5569 - $7107 NETWORK ENGINEER 728 $7283 - $9296 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 688 $5992 - $7647 OFFICE ASSISTANT 544 $2965 - $3784 OFFICE SPECIALIST 519 $2626 - $3352 OFFICE SUPERVISOR 613 $4152 - $5304 PARK MAINTENANCE AIDE 444 $1820 -$2322 PARK MAINTENANCE INSPECTOR 1 571 $3381 - $4317 PARK MAINTENANCE INSPECTOR II 615 $4194 - $5356 PARK MAINTENANCE LEADER 615 $4194 - $5356 PARK MAINTENANCE SUPERVISOR 663 $5304 - $6768 PARK RANGER 632 $4556 - $5818 PARKING METER OPERATIONS SUPERVISOR 625 $4404 - $5623 PARKING METER TECHNICIAN 1 575 $3449 - $4404 PARKING METER TECHNICIAN II 605 $3994 - $5101 PERMIT PROCESSOR 591 $3728 -$4764 PERMIT SUPERVISOR 673 $5569 - $7107 PERMIT TECHNICIAN 643 $4810 -$6140 PLAN EXAMINER (T) 672 $5542 - $7073 PLANNING ASSISTANT 633 $4579 - $5847 PLANNING COMMISSION SECRETARY 610 $4091- $5226 PLUMBING INSPECTOR 653 $5051 - $6446 POLICE FISCAL OFFICER 691 $6080 - $7761 POLICE FISCAL SERVICES SUPERVISOR 660 $5226 - $6670 POLICE RECORDS SPECIALIST 564 $3269 - $4173 POLICE RECORDS SUPERVISOR 631 $4533 - $5790 POLICE SYSTEMS SUPPORT ANALYST 708 $6606- $8431 PRINCIPAL LIBRARIAN 662 $5278 - $6735 PRINCIPAL PROGRAMMER ANALYST 728 $7283 - $9296 PROGRAMMER ANALYST 688 $5992 - $7647 PROJECTS MANAGER 713 $6768 -$8641 PROPERTY CONTROL SPECIALIST 592 $3747 - $4787 55B -25 FULL -TIME CLASSIFICATION TITLE PROPERTY REHABILITATION ASSISTANT PUBLIC WORKS CREW LEADER PUBLIC WORKS DISPATCHER PUBLIC WORKS PROJECTS SPECIALIST PURCHASING ASSISTANT PURCHASING SPECIALIST PURCHASING SUPERVISOR RECEPTIONIST RECORDS SPECIALIST RECREATION LEADER RECREATION PROGRAM COORDINATOR REPROGRAPHIC EQUIPMENT OPERATOR RESIDENTIAL CONSTRUCTION SPECIALIST REVENUE AND CONTRACT COMPLIANCE AUDITOR REVENUE PROCESSING ASSISTANT REVENUE SUPERVISOR SANITATION INSPECTOR I SANITATION INSPECTOR II SECRETARY SECURITY ELECTRONICS TECHNICIAN SENIOR ACCOUNTANT SENIOR ACCOUNTING ASSISTANT SENIOR ACCOUNTING ASSISTANT /SYSTEMS TECHNICIAN SENIOR ASSISTANT ENGINEER SENIOR BUILDING INSPECTOR SENIOR CIVIL ENGINEER SENIOR COMBINATION BUILDING INSPECTOR SENIOR COMMUNITY DEVELOPMENT ANALYST SENIOR COMMUNITY PRESERVATION INSPECTOR SENIOR CORRECTIONAL RECORDS SPECIALIST SENIOR DEPUTY CLERK OF THE COUNCIL SENIOR ELECTRICAL INSPECTOR SENIOR ELECTRICAL SYSTEMS SPECIALIST SENIOR ENGINEER SENIOR FLEET EQUIPMENT SUPERVISOR 55B -26 6-STEP SALARY RATE RANGE 691 EFFECTIVE 711/13 SCR Monthly Sala 608 Minimum . Maximum 592 $3747 -$4787 632 $4556 -$5818 576 $3467 -$4426 673 $5569 -$7107 582 $3568 -$4556 593 $3765 -$4810 702 $6415 -$8189 559 $3192 -$4074 587 $3658 -$4671 532 $2796 -$3568 612 $4132 -$5278 551 $3067 - $3915 653 $5051 -$6446 672 $5542 -$7073 562 $3237 -$4132 647 $4906 -$6260 602 $3935 -$5026 643 $4810 -$5140 589 $3695 -$4718 666 $5382 -$6869 691 $6080-$7761 608 $4054 -$5176 608 $4054 -$5176 741 $7761 -$9906 673 $5569 -$7107 764 $8683 - $11086 673 $5569 -$7107 697 $6260 -$7989 673 $5569 -$7107 581 $3550 -$4533 642 $4787 -$6110 673 $5569 -$7107 673 $5569 -$7107 764 $8683- $11086 697 $6260 -$7989 FULL -TIME CLASSIFICATION TITLE SENIOR GRADING SPECIALIST SENIOR HOUSING SPECIALIST SENIOR LAND SURVEYOR SENIOR LIBRARIAN SENIOR LIBRARY TECHNICIAN (T) SENIOR OFFICE ASSISTANT SENIOR OFFICE SPECIALIST SENIOR PARK MAINTENANCE SUPERVISOR SENIOR PLAN CHECK ENGINEER SENIOR PLANNER SENIOR PLUMBING INSPECTOR SENIOR PLUMBING /MECHANICAL SYSTEMS SPEC. SENIOR POLICE RECORDS SPECIALIST SENIOR PROGRAMMER ANALYST SENIOR RECEPTIONIST SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST SENIOR SYSTEMS ADMINISTRATOR SENIOR TRAFFIC ENGINEER SENIOR TRANSPORTATION ANALYST SENIOR WATER SYSTEMS OPERATOR STOCK CLERK STOREKEEPER STORES AND CITY YARD PROPERTY SPECIALIST... STORMWATER COORDINATOR STREET LIGHTING MAINTENANCE WORKER STREET MAINTENANCE SUPERVISOR STREET PAINTER SUPERVISING ACCOUNTANT SUPERVISING BUYER SUPERVISING LIBRARY SERVICES ASSISTANT SUPERVISING PARK RANGER SURVEY PARTY CHIEF SURVEY PARTY TECHNICIAN I SURVEY PARTY TECHNICIAN If SYSTEMS ADMINISTRATOR 55B -27 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary Minimum - Maximum 673 $5569•$7107 654 $5076 -$6478 774 $9117- $11640 647 $4906 -$6260 602 $3935 -$5026 571 $3381 -$4317 544 $2965 -$3784 693 $6140 -$7837 764 $8683 - $11086 723 $7107 -$9073 673 $5569 -$7107 673 $5569 -$7107 591 $3728 -$4764 708 $6606 -$8431 589 $3695 -$4718 673 $5569 -$7107 680 $5762 -$7355 764 $8683- $11086 764 $8683- $11086 653 $5051 -$6446 587 $3658 -$4671 622 $4339 -$5542 622 $4339 -$5542 683 $5847 -$7463 622 $4339 -$5542 663 $5304 -$6768 606 $4014 -$5126 713 $6768- $8641 687 $5963 -$7609 576 $3467 -$4426 657 $5151 -$6574 686 $5934 -$7571 622 $4339 -$5542 653 $5051 -$6446 648 $4930 -$6291 FULL -TIME CLASSIFICATION TITLE SYSTEMS SUPPORT ANALYST SYSTEMS TECHNICIAN TELECOMMUNICATIONS COORDINATOR TELECOMMUNICATIONS CUSTOMER SERVICE REP TENANT SERVICES TECHNICIAN TREASURY SERVICES SPECIALIST * * ** TREASURY SERVICES SUPERVISOR TREE MAINTENANCE SUPERVISOR TREE TRIMMER UTILITIES BILLING /SYSTEMS TECHNICIAN VIDEO TECHNICIAN WATER SERVICES CREW LEADER WATER SERVICES METER REPAIRER I WATER SERVICES METER REPAIRER it WATER SERVICES QUALITY COORDINATOR WATER SERVICES QUALITY INSPECTOR WATER SERVICES QUALITY SUPERVISOR WATER SERVICES SUPERVISOR WATER SERVICES UTILITY INSPECTOR WATER SERVICES WORKER I WATER SERVICES WORKER II WATER SYSTEMS OPERATOR WATER SYSTEMS OPERATOR II WATER SYSTEMS OPERATOR III WEB SYSTEMS TECHNICIAN WEBSITE ENTRY SPECIALIST WORK CENTER COORDINATOR WORKFORCE SPECIALIST I WORKFORCE SPECIALIST II WORKFORCE SPECIALIST Ill WORKFORCE SPECIALIST IV YOUTH SERVICES TECHNICIAN ZOO ANIMAL REGISTRAR ZOO CURATOR ZOO CURATOR OF EDUCATION 55B -28 6 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthlh Salary Minimum - Maximum 708 $6606 -$8431 588 $3676 -$4694 690 $6050 -$7723 601 $3915 -$5002 689 $3695 -$4718 632 $4556 - $5818 647 $4906 -$6260 663 $5304 -$6768 606 $4014 -$5126 601 $3915 -$5002 644 $4834 -$6170 637 $4671 -$5963 596 $3822 -$4882 616 $4215 -$5382 688 $5992 -$7647 648 $4930 -$6291 668 $5434 -$6937 668 $5434 -$6937 648 $4930 -$6291 571 $3381 -$4317 591 $3728 -$4764 599 $3880 -$4954 619 $4278 -$5461 633 $4579 -$5847 588 $3676 -$4694 562 $3237 -$4132 733 $7463 -$9529 588 $3576 -$4694 613 $4152 -$5304 633 $4579 -$5847 688 $5992 - $7647 582 $3568 -$4556 593 $3765 -$4810 642 $4787 -$6110 642 $4787 -$6110 EXHIBIT F ConVd CI OF SANTA ANA SERVICE wihu FOR PART-TIME CIVIL EMPLOYEES, CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY FULL -TIME CLASSIFICATION TITLE ZOO EDUCATION SPECIALIST ZOO KEEPER AIDE ZOO KEEPER ZOO KEEPER II Footnotes Title/Salary created effective 5 120/14. Title /Salary created effective 4/01/14. Title /Salary created effective 07/01/14. Title /Salary created effective 01/20/15. 6 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salary Minimum - Maximum 5933 $3765 -$4810 503 $2427 -$3098 563 $3253 -$4152 593 $3765 -$4810 Benefits and compensation provisions for part -time civil service classification titles represented by SEIU are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. ` ^ " "` This Classification and Pay Plan was adopted through Resolution on 1/20/15. 55B -29 CLASSIFICATION TITLE ACCOUNT CLERK I ACCOUNT CLERK II ACCOUNTANT ADMINISTRATIVE AIDE ANIMAL KEEPER I ANIMAL KEEPER II BUILDING MAINTENANCE ASST. CASHIER CLERICAL AIDE CLERICAL ASSISTANT CLERK TYPIST I CLERK TYPIST 11 COMBINATION INSPECTOR COMMUNITY CENTER AIDE COMPUTER TECHNICIAN CUSTOMER SERVICE CLERK DATA ENTRY CLERK EQUIP. SVC. ATTENDANT GENERAL ASSISTANT GRAPHICS AIDE HOUSING AUTHORITY ASST. JANITOR LIBRARIAN (PART -TIME) LIBRARY ASSISTANT LIBRARY CLERK I LIBRARY CLERK II LOSS CONTROL OFFICE ASST. MAINTENANCE AIDE I MAINTENANCE AIDE II MEDIA RELATIONS SPECIALIST MOBILE LIBRARY CLERK MUNICIPAL UTILITY READERICOLL, PAGE PAINTER PARK AMBASSADOR* S -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8M 1114 Hourly Salary Minimum - Maximum $18.56 - $22.53 $20.53 - $24.95 $31.53 -$38.33 $23.53 - $28.60 $11.56 - $14.04 $13.41 - $16.28 $20.22 - $24.57 $11.34 - $13.80 55B -30 $13.27 - $16.14 $ 9.09- $11.04 $14.59 - $17.73 $17,14 -$20.81 $28.74 - $34.95 $17.52 - $21.31 $18,70- $22.76 $19.28 - $23.43 $15.98-$19.45 $17.99 - $21.86 $ 9.09 - $11.04 $13.11- $15.95 $20.70 - $25.18 $14.74 - $17.93 $21.44 - $26.07 $18.05 - $21.96 $15.03 - $18.26 $16.65 -$20.22 $18.61-$22.62 $ 9.09 - $11.04 $10.07 - $12.28 $18.61 - $22,62 $18.32 - $22.29 $18.44 - $22.41 $ 9.09 - $11.04 $17.47 - $21.23 $15.62 - $19.01 CLASSIFICATION TITLE PARK MAINTENANCE ASST. PARK RANGER (PART TIME) PARK SECURITY GUARD PARKING METER MAINTENANCE AIDE PERMIT PARKING AIDE PLANNING TECHNICIAN POLICE RECORDS CLERK I POLICE RECORDS CLERK II POLICE SUPPLY CLERK PROGRAM COORDINATOR PROGRAM LEADER I PROGRAM LEADER II PUBLIC WORKS RECORDS ASSISTANT PURCHASING AGENT PURCHASING CLERK RIGHT OF WAY TECHNICIAN SENIOR ADMINISTRATIVE AIDE SENIOR CLERICAL AIDE SENIOR PROGRAM LEADER SPECIAL EMP. COUNSELOR I SPECIAL EMP. COUNSELOR II SPECIAL EMP, COUNSELOR III SPECIAL EVENTS LEADER I SPECIAL EVENTS LEADER II SPORTS ATTENDANT SR. LIBRARY ASSISTANT SR. MAINTENANCE AIDE I SR. MAINTENANCE AIDE II SR. MAINTENANCE WORKER SR. SPECIAL EMP, COUNSELOR SR. TUTOR STORES AIDE STRUCTURAL PLAN EXAMINER I STRUCTURAL PLAN EXAMINER II 6-STEP BASK HOURLY WAGE RATES EFFECTIVE 8/11114 H®Urly Salary Minimum - Maximum $15.62 - $19.01 $25.93 - $31.54 $18.70 - $22.76 $16.97 - $20.63 $19.89 - $24.19 $23.64 - $28.74 $16.06 - $19.53 $17.47 - $21.23 $17.52 - $21.31 $15.18- $18.48 $ 9.09 - $11.04 $10.48 - $12.72 $22.16 - $26.95 $29.32 - $35.62 55B -31 $18.49 - $22.46 $14.87 - $18.07 $25,90 - $31.48 $15.03 - $18.26 $12.41- $15.05 $ 9.95- $12.09 $12.24 - $14.87 $13.78 - $16.74 $12.09 - $14.69 $14.74 - $17.93 $ 9.09 - $11.04 $19.16 -$23.28 $11.50- $13.95 $13.03 - $15.86 $16.35 - $19.86 $14.87 - $18.07 $14.52 -$17.67 $17.16 - $20.84 $31.54 - $38.33 $33.77 - $41.03 S -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8111114 _ Hourly Salary CLASSIFICATION TITLE Minimum - Maximum SUPERVISING PARK RANGER (PART TIME) $29.29 - $35.62 TUTOR $12.24 - $14.87 Footnotes * Title /Salary created effective 01120/15. *" This Classification and Pay Plan was adopted through Resolution on 1120/15. 55B -32 55B -33 EXHIBIT H CITY OF SANTA ANA +• • • 44 :194wy CLASSIFICATION TITLE ADMINISTRATIVE INTERN ANIMAL CONTROL OFFICER BACKGROUND INVESTIGATOR BUDGET INTERN COLD CASE INVESTIGATOR CORRECTIONAL SERVICES OFFICER ENGINEERING INTERN FINGERPRINT EXAMINER FORENSIC BALLISTICS TECHNICIAN JAIL TRANSPORTATION OFFICER LAW CLERK MANAGEMENT INTERN* POLICE CADET POLICE RESERVE LEVEL 1 ** POLICE RESERVE LEVEL 2" POLICE RESERVE LEVEL 3 ** POLICE RESERVE SERGEANT ** POLICE SPECIAL EVENTS OFFC. POLICE TRAINING FACILITATOR PROFESSIONAL STANDARDS INV REDEVELOPMENT PROJECT COORD SR. ADMINISTRATIVE INTERN STUDENT INTERN * ** Feotno gs 4 r EFFECTIVE 1111109 Hourly Salary Minimum - Maximum $12.23 - $14.88 $23.96 -$29.13 $28.45 - $34.60 $16.18- $19.66 $28.45 - $34.60 $20.01 - $24.32 $16.18 - $19.66 $29.88 - $36.32 $24.56 - $29.87 $25.80 - $31.38 $15.10 - $18.35 $18.68 - $19.61 $10.19 - $12.43 $29.16 $20.83 $16.66 $32.08 $18.51 - $22.53 $22.21 - $27.00 $28.45 - $34.60 $42.06 - $51.11 $14.72 - $1739 $ 9.00- $10.93 Two Step Wage Rates. *` One Step Wage Rate. Minimum Wage Step Increase Effective 411114. This Classification and Pay Plan was adopted through Resolution on 1120115. 55B -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: RESOLUTION— CONSENTING TO THE INCLUSION OF SANTA ANA PROPERTIES IN THE FIGTREE (PACE) PROGRAM {STRATA PLAN NOS. 5, 2&3,5z-( CITY MANAG RECOMMENDED ACTION Adopt a resolution which: CLERK OF COUNCIL USE ONLY: FTITJ 0_: nowl, ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Consents to the inclusion of properties within the City's jurisdiction in the Figtree Program to finance renewable energy, and energy- and water - efficiency improvements; 2) Approves associate membership in the California Enterprise Development Authority; and 3) Approves an indemnification agreement with Figtree Company, Inc., related to the Figtree Property Assessed Clean Energy and Job Creation Program. DISCUSSION This action will establish the City's association with Figtree California Enterprise Development Authority. The program mechanism by which residential and commercial property ow systems, and energy- and water - efficient improvements tha assessment on their property tax bill. There is no hard cost required for the City to participate in this program. Company, Inc. ( Figtree), and the offered by Figtree provides a iers can install renewable energy t are financed through a special and no dedicated staff resources Assembly Bills 811 (signed into law on July 21, 2008) and 474 (effective January 1, 2010) amended Chapter 29 of Part 3 of Division 7 of the California Streets & Highways Code. The bills authorize a legislative body to designate an area within which public entities and property owners may enter into voluntary contractual assessments to finance the installation of certain renewable energy sources, energy efficiency, and /or water efficiency improvements that are permanently fixed to real property. The financing for these improvements has come to be known as PACE — Property Assessed Clean Energy. The PACE financing program allows property owners in participating cities and counties to finance approved energy- saving improvements on their property. If a property owner chooses to participate, the installed improvements would be financed through the issuance of bonds. The bonds are secured by a voluntary contractual assessment levied on such owner's property, with no 55C -1 Resolution — Consenting to the Inclusion of Santa Ana Properties in the Figtree Program January 20, 2015 Page 2 obligation to the local government or other participating jurisdictions. Property owners who wish to participate in this voluntary program agree to repay the amount borrowed through the contractual assessment collected together with their property taxes. In most cases, when property is sold, the finance amount transitions to the new owner; however, applicants are advised to consult their mortgage company for confirmation. PACE financing is available for eligible improvements on both residential and nonresidential properties. In September 2013, City Council adopted a resolution allowing Santa Ana residential property owners to participate in the California Home Energy Renovation Opportunity Program (California HERO), one of several PACE financing providers. To facilitate implementation of the program within the Santa Ana jurisdiction, the Council action included approval of a Joint Powers Authority (JPA) membership in the Western Riverside Council of Governments. Since the implementation, Santa Ana residential property owners have completed over 106 projects at a cost of $2,165,585, with an additional $20,842,504 of financing in progress. As with the California HERO program, the Figtree Program requires JPA membership to operate the program on behalf of the City. Associate membership in the California Enterprise Development Authority is needed to make financing available to property owners in Santa Ana. By approving the Figtree program, the City will provide Santa Ana residential and commercial property owners with access to competitive financing options for renewable energy, and energy- and water- efficiency improvements citywide. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #5 (leverage private investment that results in tax base expansion and job creation citywide), FISCAL IMPACT There is no fiscal impact associated with this recommended action. All Figtree Program administrative costs are covered through an initial administrative fee included in the property owner's voluntary contractual assessment, and an annual administrative fee which is also collected W perty o nye�/r/'s tax bill. 4/ avipo r Executive Director Public Works Agency FM(MM /CK Exhibits; 1. Resolution Associate Membership Agreement Indemnification Agreement 55C-2 RO H - 01/20/15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE FIGTREE PROGRAM TO FINANCE RENEWABLE ENERGY AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING ASSOCIATE MEMBERSHIP IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AND APPROVING AN INDEMNIFICATION AGREEMENT WITH FIGTREE COMPANY, INC. RELATED TO THE FIGTREE PROPERTY ASSESSED CLEAN ENERGY AND JOB CREATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City, upon authorization of the City Council, may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law ") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them. B. The City and other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development. Authority (the "Authority ") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the "Agreement "). C. Under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority. D. The form of Associate Membership Agreement (the "Associate Membership Agreement ") between the City and the Authority is attached herewith as Exhibit A and incorporated herein by this reference. The City is willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement. Exhibit 1 55C -3 E. The California Enterprise Development Authority ( "CEDA ") is a joint exercise of powers authority, comprised of cities and counties in the State of California, including the City of Santa Ana (the "City "). F. CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the "Program" or "Figtree PACE "), to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the "Improvements ") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 "), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds ") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act ") upon the security of the unpaid contractual assessments. Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied. G. The City desires to allow the owners of property ( "Participating Parcel ") within its jurisdiction ( "Participating Property Owners ") to participate in Figtree PACE, and to allow CEDA to conduct assessment proceedings under Chapter 29 and to issue Bonds under the 1915 Act to finance the Improvements. CEDA will conduct assessment proceedings under Chapter 29 to establish an assessment district (the "District') and issue Bonds underthe 1915 Act to finance Improvements. H. There has been presented to this meeting a sample proposed form of Resolution of Intention to be adopted by CEDA in connection with such assessment proceedings (the "ROI "), a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. Such an ROI sets forth the territory within which assessments may be levied for Figtree PACE which territory shall be coterminous with the City's official boundaries of record at the time of adoption of the ROI (the "Boundaries"), Pursuant to Chapter 29, the City authorizes CEDA to conduct assessment proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE. J. To protect the City in connection with operation of the Figtree PACE program, Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City. K. The City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the 55C -4 case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. Section 2. The Associate Membership Agreement presented to this meeting and on file with the City Clerk is hereby approved. The City Manager, the City Clerk, the City Attorney and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved. Section 4. Public Benefits. On the date hereof, the City Council hereby finds and determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the City. Section 5. Appointment of CEDA. The City hereby appoints CEDA as a representative to (1) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the "Law "), (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Resolution. Section 6. Assessment Proceedings. In connection with Figtree PACE, the City hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on any property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that; (1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; (2) The Participating Property Owners, who shall be the legal owners of such property, voluntarily execute a contract pursuant to Chapter 55C -5 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (3) The City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds in connection with Figtree PACE. Section 7. Program Report. The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report' for Figtree PACE (the "Program Report ") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 8. Indemnification, The City Council acknowledges that Figtree has provided the City with an indemnification agreement, attached hereto as Exhibit C and incorporated herein by this reference, for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. Section 9. City Execution of Documents. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents as are reasonably required by CEDA in accordance with the Program Report to implement Figtree PACE for Participating Property Owners. Section 10. CEQA. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act ( "CEQA "), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). Section 11. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. Section 12, Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. 55C -6 ADOPTED this __— day of January, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. CaDtplho, City Attorney Ryan City 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. 2015 -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 55C -7 EXHIBIT A Associate Membership Agreement 55C -8 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF SANTA ANA, CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership Agreement "), dated as of by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority ") and the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation duly organized and existing under the laws of the State of California (the "City"); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members "), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement "), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been fonned for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member "); and WHEREAS, the City desires to become an Associate Member of the Authority; WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do herebv agree as follows; Exhibit A 55C -9 Section 1. Associate Member Status, The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members, The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound, by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section S. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 2 55C -10 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duty authorized, on the day and year first set forth above. Attest: Michelle Stephens, Asst. Secretary ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: ALHO City Ryan RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director - P WA CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair Board of Directors CITY OF SANTA ANA. DAVID CAVAZOS City Manager 55C -11 EXHIBIT B Sample CEDA Resolution of Intention 55C -12 RESOLUTION CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS IN THE COUNTY OF WHEREAS, the California Enterprise Development Authority ( "CEDA ") is a joint powers authority authorized and existing pursuant to Joint Powers Act (Government Code Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the "Agreement ") dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and WHEREAS, CEDA is authorized under the Agreement, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California ( "Chapter 29 ") to finance the installation of distributed generation renewable energy sources, energy efficiency and water efficiency improvements that are permanently fixed to real property ( "Authorized Improvements "); and WHEREAS, CEDA has obtained authorization from the County (the "County") to enter into contractual assessments for the financing of the installation of Authorized Improvements in the County; and WHEREAS, CEDA desires to declare its intention to establish a Figtree PACE program ( "Figtree PACE ") in the County, pursuant to which CEDA, subject to certain conditions set forth herein, would enter into contractual assessments to finance the installation of Authorized Improvements in the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. Findings. The Board of Directors hereby finds and determines the following: (a) The above recitals are true and correct and are incorporated herein by this reference. (b) Energy and water conservation efforts, including the promotion of Authorized Improvements to residential, commercial, industrial, or other real property, are necessary to address the issue of global climate change and the reduction of greenhouse gas emissions in the County. (c) The upfront cost of making residential, commercial, industrial, or other real property more energy and water efficient, along with the fact that most Exhibit Q 55C -13 commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized Improvements. (d) A public purpose will be served by establishing a contractual assessment program, to be known as Figtree PACE, pursuant to which CEDA will finance the installation of Authorized Improvements to residential, commercial, industrial, or other real property in the County. Section 2. Determination of Public Interest. The Board of Directors hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the County, within which CEDA and property owners within the County may enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the County pursuant to Chapter 29, Section 3. Identification of Authorized Improvements. CEDA hereby declares its intention to make contractual assessment financing available to property owners to finance installation of Authorized Improvements, including but not limited to those improvements detailed in the Report described in Section 8 hereof (the `Report "), as that Report may be amended from time to time. Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the County including unincorporated territory within County Boundaries. A property owner located within a City within the County may enter into contractual assessments with CEDA only after such City has adopted a resolution to authorize participation in the PACE Program. Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other forms of indebtedness (the 'Bonds') pursuant to Chapter 29 that are payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets & Highways Code of the State (the "Improvement Bond Act of 1915 ") shall apply to any indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the financing of Authorized Improvements will be based on the criteria developed by Figtree Energy Financing (the "Program Administrator ") upon consultation with Figtree PACE Program underwriters or other financial representatives, CEDA general counsel and bond counsel, and as shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial and /or term improvement bonds or other indebtedness shall be issued in such series and shall mature in such principal amounts and at such times (not to exceed 20 years from the second day of September next following their date) and at such rate or rates of interest (not to exceed the maximum rate permitted by applicable 55C -14 law) as shall be determined by the Board of Directors at the time of the Issuance and sale of the indebtedness. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the Board of Directors to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program, shall advance available surplus funds from its treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness; provided, however, that this determination shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding, upon the conditions specified by and upon determination of CEDA. CEDA hereby authorizes the Program Administrator, upon consultation with CEDA general counsel, bond counsel and the Figtree PACE underwriter, to commence preparation of documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of indebtedness as authorized by Chapter 29. In connection with the issuance of bonds payable from contractual assessments, CEDA expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment installments under specified circumstances. Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public hearing be held before CEDA Board (the "Board "), at 550 Bercut Drive, Suite G, Sacramento, CA 95811, on at A_, for the purposes of allowing interested persons to object to, or inquire about, the proposed Figtree PACE Program. The public hearing may be continued from time to time as determined by the Board for a time not exceeding a total of 180 days. At the time of the hearing, the Report described in Section 8 hereof shall be summarized, and the Board shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the area proposed to be included within the boundaries of the assessment district, the terms and conditions of the draft assessment contract described in Section 8 hereof (the "Contract "), or the proposed financing provisions. Following the public hearing, CEDA may adopt a resolution confirming the Report (the "Resolution Confirming Report ") or may direct the Report's modification in any respect, or may abandon the proceedings. The Board hereby orders the publication of a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice will commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shall occur not later than 20 days before the date of the public hearing. 55C -15 Section 7, Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets & Highways Code, written notice of the proposed contractual assessment program within the County to all water and electric providers within the boundaries of the County has been provided. Section 8. Report. The Board hereby directs the Program Administrator to prepare the Report and file said Report with the Board at or before the time of the public hearing described in Section 6 hereof containing all of the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered, as set forth in Section 4 hereof. (b) A draft contractual assessment contract (the "Contract ") specifying the terms and conditions of the agreement between CEDA and a property owner. (c) A statement of CEDA's policies concerning contractual assessments including all of the following: (1) Identification of types of Authorized Improvements that may be financed through the use of contractual assessments. (2) Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA. (3) A maximum aggregate dollar amount of contractual assessments. (4) A .method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed in connection with contractual assessments. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan (1) shall include a statement of, or method for determining, the interest rate and time period during which contracting property owners would pay any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall provide for the apportionment of all or any portion of the costs incidental to financing, administration and collection of the contractual assessment program among the consenting property owners and CEDA. A report on the results of the discussions with the County Auditor- Controller described in Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for inclusion of the proposed contractual assessments on the general property tax roll of the County, and a plan for financing the payment of those fees. Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the interest and any penalties thereon, will constitute a lien against the lots and parcels of land on which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner and at the same time as the general taxes of the County on real property are payable, and subject to the 55C -16 same penalties and remedies and lien priorities in the event of delinquency and default. Section 10. Consultations with County Auditor - Controller. CEDA hereby directs the Program Administrator to enter into discussions with the County Auditor- Controller in order to reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual assessments into the assessments of the general taxes of the County on real property. Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby designates the Program Administrator as the responsible party for annually preparing the current roll of assessment obligations by assessor's parcel number on property subject to a voluntary contractual assessment. Section 12. Procedures for Responding to Inquiries. The Program Administrator shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment. Section 13. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 201_. ATTEST: Larry Cope, Secretary CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair 55C -17 EXHIBIT C Indemnification Agreement 55C -18 INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND FIGTREE COMPANY, INC. This Indemnification Agreement (the "Agreement ") is entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the laws of the State of California (the "Public Entity ") and Figtree Company, Inc., a California corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation Program (the "Administrator "), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the "Authority "). RECITALS WHEREAS, the Authority is a joint exercise of powers authority whose members include the Public Entity in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program ") to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code ( "Chapter 29 ") and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the Public Entity; and WHEREAS, the legislative body of the Public Entity adopted or will adopt a resolution authorizing the Public Entity to join the Figtree PACE Prograrn; and WHEREAS, the Public Entity will not be responsible for the formation, operation and administration of the Figtree PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the Figtree PACE Program; and WHEREAS, the Administrator is the administrator of the Figtree PACE Program and agrees to indemnify the Public Entity in connection with the operations of the Figtree PACE Program asset forth herein; NOW, THERFORE, in consideration of the above premises and of the Public Entity's agreement to join the Figtree PACE Program, the parties agree as follows; Exhibit C 55C -19 I . Indemnification. Figtree has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. Figtree, on behalf of itself and the CEDA, agrees to defend, indemnify and hold harmless the Public Entity, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or omissions of Figtree, except for such loss or damage which was caused by the sole negligence or willful misconduct of the Public Entity. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Figtree, 2. Axnendment/Interaretation of this Agreement. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be, of any force or effect'with respect to those matters covered hereunder. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 3. Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other Purpose. 4. Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions' hereof (whether or not similar), not shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 5. Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 6. Notices. All notices, demands and other communications required or penmitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Administrator Figtree Company, Inc. 9915 Mira Mesa Blvd., Suite 130 San Diego, California 92131 Attn: Chief Executive Officer 55C -20 If to the Public Entity: Public Works Agency - Executive Director City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714 -647 -5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 8. Effective Date. This Agreement will be effective as of the date of the signature of Public Entity's representative as indicated below in the signature block. IN WITNESS WHEREOF, the parties bereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City By:' - Ryan RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR. Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager Figtree Company, Inc., a California corp.: Mahesh Shah CEO 3 55C -21 55C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: RESOLUTION — CONSENTING TO THE INCLUSION OF SANTA ANA PROPERTIES IN THE CALIFORNIAFIRST (PACE) PROGRAM (STRATEGIC PLAN NOS. 5, 2 & 3, 5) G CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution consenting to the inclusion of properties within the City's jurisdiction in the CaliforniaFIRST Program to finance renewable energy, and energy- and water- efficiency improvements. DISCUSSION The CaliforniaFIRST Program provides a mechanism by which residential and commercial property owners can install renewable energy systems, and energy- and water - efficient improvements that are financed through a special property tax assessment. Approval of this recommended action will make this financing available to property owners in Santa Ana. There is no hard cost and no dedicated staff resources required for the City to participate in this program. Assembly Bills 811 (signed into law on July 21, 2008) and 474 (effective January 1, 2010) amended Chapter 29 of Part 3 of Division 7 of the California Streets & Highways Code. The bills authorize a legislative body to designate an area within which public entities and property owners may enter into voluntary contractual assessments to finance the installation of certain renewable energy sources, energy- efficiency, and /or water- efficiency improvements that are permanently fixed to real property. The financing for these improvements has come to be known as PACE — Property Assessed Clean Energy. The PACE financing program allows property owners in participating cities and counties to finance approved energy- saving improvements on their property. If a property owner chooses to participate, the installed improvements would be financed through the issuance of bonds. The bonds are secured by a voluntary contractual assessment levied on the owner's property, with no obligation to the local government or other participating jurisdictions. Property owners who wish to participate in this voluntary program agree to repay the amount borrowed through a contractual assessment collected with their property taxes. In most cases, when property is sold, the finance amount transitions to the new owner; however, applicants are advised to consult their mortgage 55D -1 Resolution— Consenting to the Inclusion of Santa Ana Properties in the CaliforniaFIRST Program January 20, 2015 Page 2 company for confirmation. PACE financing is available for eligible improvements on both residential and nonresidential properties. In September 2013, City Council adopted a resolution allowing Santa Ana residential property owners to participate in the California Home Energy Renovation Opportunity Program (California HERO), one of several PACE financing providers. To facilitate implementation of the program within the Santa Ana jurisdiction, the Council action included approval of a Joint Powers Authority (JPA) membership in the Western Riverside Council of Governments. Since the implementation, Santa Ana residential property owners have completed over 106 projects at a cost of $2,165,585, with an additional $20,842,504 of financing in progress. As with the California HERO program, the CallforniaFIRST program also operates through a joint powers authority: the California Statewide Communities Development Authority (CSCDA), co- sponsored by the League of California Cities and the California Association of Counties. Santa Ana Community Development Agency has worked on projects with the CSCDA since 1991. By approving the CaliforniaFIRST program, the City will provide Santa Ana residential and commercial property owners with access to competitive financing options for renewable energy, and energy - and water- efficiency improvements citywide. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this recommended action. All CaliforniaFIRST administrative costs are covered through an initial administrative fee included in the property owner's voluntary contractual assessment and an annual administrative fee which is also collected on the property owner's tax bill. Executive Director Public Works Agency FM /MM /CK Exhibits: 1. Resolution 55D -2 ROH - 01/20/15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIARRST PROGRAM TO FINANCE RENEWABLE ENERGY AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Statewide Communities Development Authority ( "California Communities ") is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Santa Ana (the "City "). B. California Communities has established the CaliforniaFIRST program (the "CaliforniaFIRST Program ") to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the "Improvements ") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 ") and the issuance of improvement bonds (the "Bonds ") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the "1915 Act") upon the security of the unpaid contractual assessments. C. Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied. D. The City desires to allow the owners of property ( "Participating Property Owners ") within the incorporated territory of the City to participate in the CaliforniaFIRST Program and to allow California Communities to conduct assessment proceedings under Chapter 29 within the incorporated territory of the City and to issue Bonds under the 1915 Act to finance the Improvements. E. California Communities will conduct assessment proceedings under Chapter 29 and issue Bonds under the 1915 Act to finance Improvements. The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment Exhibit 1 55D -3 payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program, Section 2. This City Council hereby finds and declares that properties in the City's incorporated area will benefit from the availability of the CaliforniaFIRST Program within the incorporated territory of the City and, pursuant thereto, the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 and the issuance of Bonds under the 1915 Act. Section 3. In connection with the CalifornlaFIRST Program, the City hereby consents to the conduct of special assessment proceedings by California Communities pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds under the 1915 Act; provided, that: (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) The City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CallfornlaFIRST Program. (3) The issuance of Bonds will occur following receipt of a final judgment in a validation action filed by California Communities pursuant to Code of Civil Procedure Section 860 that the Bonds are legal obligations of California Communities, Section 4. Pursuant to the requirements of Chapter 29, California Communities has prepared and will update from time to time the "Program Report" for the CaliforniaFIRST Program (the "Program Report"), and California Communities will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 5. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents as are reasonably required by California Communities in accordance with the Program Report to implement the CaliforniaFIRST Program for Participating Property Owners. Section 6. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California 55D -4 Code of Regulations, Section 15378(b)(4). Section 7. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of California Communities. ADOPTED this day of January, 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: Councilmembers NOES: Councilmembers ., ill NOT PRESENT: Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -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 55D -5 55D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES (STRATEGIC PLAN NO. 5, 1) IT 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 I-JW-Ar FILE NUMBER 1. Review list of established Council Committees and recommend changes as needed. 2. Review list of appointees to Council Committees and recommend changes as needed. 3. Receive and file bylaws for the Development and Transportation Committee; Public Safety and Neighborhood Improvement; Parks, Recreation, Education & Youth (PREY) and Joint Santa Ana Unified School District; and Finance, Economic Development and Technology Council Committees. 4. Approve the 2015 calendar of Council Committee Meeting dates. DISCUSSION On January 22, 2013 the City Council approved Resolution No. 2013 -002 to restructure the Council Committees and establish five standing committees. Currently we have the following committees, appointees, and standing meeting schedule: 65A -1 . Benavides Quarterly Development and Transportation Jan., April, July, Oct. Committee •Martinez •Sarmiento* 1stThursday, 5:00 p.m. Bi-Annual Meeting Code of Ethics and Conduct • Amezcua* . Tinajero Spring and Fall, Thursday, 5:30 p.m. 65A -1 Review City Council Committees December 16, 2014 Page 2 �OI)�)VIUEF�� , ;wYMEMeERS � M.EETING'SGHEDULE .,, Parks, Recreation, Education & Quarterly Youth (PREY) . Amezcua Jan., April, July, Oct. & Joint Santa Ana Unified School . Rayne Ray District Council Committee ** . ero* m 4 Monday, 5:30 p.m. Public Safety/ . Martinez Every other Month Neighborhood Improvement/ Code . Benavides* Jan., Mar., May, July, Sept., Nov. Enforcement (NICE) . Rayne 4th Tuesday, 5:30 p.m. • Sarmiento Every other Month Finance, Economic Development Jan., Mar., May, July, Sept., Nov. and Technology . Benavides . Martinez* �a 2 Monday, 5:30 p.m. Quarterly Legislative Committee • Sarmiento* Mar., June, Sept., Dec. • Martinez 4t" Wednesday, 12 noon mote; "cnalrperson "Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. Also, at the Special City Council Meeting held April 8, 2013 the City Council requested that bylaws be prepared for all committees, and that on a regular basis the City Manager and City Council review the list of standing committees. Attached are copies of the bylaws for each Committee with the exception of the Code of Ethics and Conduct and the Legislative that are pending Committee review and approval. Lastly, the 2015 Calendar of meeting dates is attached for your review and approval. The calendar, once approved, will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Room 1600, 20 Civic Center Plaza, Santa Ana. 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). 65A -2 Review City Council Committees December 16, 2014 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. / Maria D. Huizar, Clerk of the Council Attachments: 1. Bylaws 2. 2015 Calendar of Meeting Dates 65A -3 65A -4 EXHIBIT 1 BYLAWS 65A -5 THE SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT & TRANSPORTATION BY —LAWS ARTICLE 1— NAME The Committee shall be known as the Santa Ana City Council Committee on Development and Transportation. ARTICLE II - PURPOSE The Committee shall consider policy matters related to development and transportation issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect development and /or transportation issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to development and transportation. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -6 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. SECTION E — Closed Session Closed session meetings may be called by the Committee on Development and Transportation only, and no other City Council Committees, at the discretion of the Chair, or at the request of two (2) members, for the purpose of real property negotiations only, and for no other reasons. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana. Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 65A -7 THE SANTA ANA CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH BY — LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Parks, Recreation, Education and Youth ( "PREY "). ARTICLE II - PURPOSE The Committee shall consider policy matters related to parks, recreation, and education along with issues concerning youth, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, and other groups and interests in the City in regards to policies or projects that affect parks, recreation, education and youth related issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to parks, recreation, education and youth. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A - Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C- Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D - Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -8 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A - Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall, 2 °0 Floor Conference Room, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B - Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D - Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two (2) consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 65A -9 THE SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT BY —LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Public Safety and Neighborhood hnprovement, ARTICLE II - PURPOSE The Committee shall consider policy matters related to public safety and neighborhood improvement issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect public safety and neighborhood improvement issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to public safety and neighborhood improvement. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee, SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -10 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be Police Community Room, Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: August 27. 2013. 2 65A -11 THE SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT & TECHNOLOGY BY -LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Finance, Economic Development, and Technology. ARTICLE II - PURPOSE The Committee shall be a vehicle for informational presentations as well as policy matter consideration related to finance, economic development, and technology issues, brought or referred by the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies that affect finance, economic development, and technology issues in the City of Santa Ana. The committee may provide comment and recommendations regarding information presented. The Committee may provide input and recommendations regarding the implementation of policies related to finance, economic development, and technology. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV —COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice-Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. 65A -12 SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held bi- monthly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, 20 Civic Center Plaza, Room 1600, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, at the request of two (2) members, or at the request of the City Manager for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or anexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's ;Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall be recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: , 2014 2 65A -13 65A -14 EXHIBIT 2 2015 CALENDAR OF COMMITTEE MEETINGS 65A -15 Santa Ana Council Committee Meetings Schedule 2015 S M T W T F S 1 2 3 1 4 5 6 7 8 9 10 I1 13 14 15 16 17 19 19 20 21 22 23 24 25 ® 27 28 29 30 31 '.. _ APRIL __ S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 = 28 29 30 5 M T W T F 5 ® 2 3 4 5 6 7 8® 10 11 12 13 14 15 16 17 18 19 20 21 22 ® 24 25 ® 27 28 29 30 31 _ HOLIDAY - CITY HALL CLOSED _ CITY HALL CLOSED- 9780 WORK SCHEDULE FEBRUARY S JULY T W S M T W T F S 3 1 2 3 4 _ 5 6 7 8 9 10 11 12 ® 14 15 16 17 18 19 20 21 22 23 24 25 26 101 28 29 30 31 5 M T W T F 5 ® 2 3 4 5 6 7 8® 10 11 12 13 14 15 16 17 18 19 20 21 22 ® 24 25 ® 27 28 29 30 31 _ HOLIDAY - CITY HALL CLOSED _ CITY HALL CLOSED- 9780 WORK SCHEDULE FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 ® 12 13 14 15 16 17 18 19 20 ® 22 23 24 25 26 27 28 29 30 31 AUGUST S M T W T F S 1 4__. 3 4 5 6 1 7 8 9 10 II 12 1300 15 16 17 = 19 20 21 22 23 24 25 26 27 ` 29 30 31 S M T W T F S 1 2 3 4 5 on 7 8 ® 10 11 12 13 14 15 16 17 18 MM, 21 22 23 24 25 26 27 28 29 30 MARCH S M T W T F 5 1 2 3 4 5 6 7 8 = 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. = 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 IB 19 20 21 22 23 = 25 26 27 28 29 30 SEPTEMBER 5 M T W T F S 1 2 3 4 5 6 7 8 9 10 = 12 13 = 15 16 17 18 19 20 21 _ ry_ — 24 ' _ 26_ 27 28 - 29 30 _ S M T W T F 5 1 2 3 ® 5 6 7 8 9 10 11 12 13 14 15 16 17 = 19 20 21 22 = 24 ` 25 26 27 28 29 30 31 M Dev. & Ttansp. Council Committee (DB, MM, VS) Meets Quarterly Public Safety Committee (MM, DB, RR) Meets Every other Mo. _ PREY (AA, RR, ST) Meets Quarterly —Finance, Econ. Dev., & Tech Committee (V5, DB, MM) Meets Every othc — Legislative Committee (MM, VS) Meets Quarterly _Code of Conduct (AA, ST) Meets Semi- Annually Meetings listed on calendar are REGULAR meetings. Spacial Meetings may be scheduled 24 -hours in advance lam permitted by the Brown Act). For a copy of Agenda and meeting location, please refer to City's website at: http:// www. sonta-ano.org /cily_meelings.asp 65A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: REVIEW OF REGIONAL BOARD APPOINTEES {STRATEGIC PLAN NO. 5, 1} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -:• ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For, CONTINUED TO / -AO -/S FILE NUMBER Review the regional appointment list and recommend changes, as necessary. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of - regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The City Council recommended annual review of appointees and at their discretion make necessary changes. Exhibit 1 attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board. For discussion purposes, the following is a list of regional boards and appointing authority. ■ Metropolitan Water District* A board member is appointed by the majority of the City Council (member does not have to be an elected official). • Newport Bay Watershed Executive Committee* A board member and alternate is appointed by the majority of the City Council. ■ Orange County Sanitation District (OCSD) Board A board member and alternate are appointed by the majority of the City Council. ■ Orange County Vector Control* A board member is appointed by the majority of the City Council (member does not have to be an elected official). ■ Orange County Water District (OCWD) Board 6513-1 A board member is appointed by the majority of the City Council. • Orange County Council of Governments (OCCOG) SCAG nominates a member to OCCOG. ■ Orange County Fire Authority (OCFA) A board member and alternate is appointed by the majority of the City Council. Selection must be authorized by resolution. • Orange County Transportation Authority (OCTA) Board member appointed by the City Selection Committee which was established through Government Code § 50270, ■ Transportation System Improvement Authorities - Orange & Tustin (TSIA) A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. ■ Southern California Association of Governments (SLAG) District #16 A board member and alternate is appointed by the majority of the City Council. Mayor may nominate representative. ■ Transportation Corridor Agencies (TCA) — Foothill /Eastern A board member and alternate are appointed by the majority of the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. ). Maria D. Huizar, Clerk of the Council ATTACHMENTS: Exhibit 1 65B -2 N am W Q 2 U LL 00 m _ J U Z 0 a W 0. �U) o� ��� �r @� �r o� Q M ca L T W N U C Y O M O N .�.., O N r a) m N O C C In LL a) N C cV -o�UCN O O -O Ca N = m O _ E 07 > > r N U O a O c O f6 L E a O E cd � C M �O E"' E� E O-pU C C r a) NUE ai CD 0G mm mm c ,Q cL as.� N y a3� a) CU a) M N l aNi a) Ow UO iOr C t�A G f�A N �OU C T -O ci N C N C co T 7 f�/1 N O N M 'C 'ti. 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O 00 00 og 0� to Z r M t» <» Cl) V) 64 r v3 LO O t r N N N N �� � ��.'9.��nP C\l r r r r r N � Injrf r r r r r N r r r � wap co O f O co O r m m M m r m r O N N r c0 r� N N r' yr Q 2 1p MI, gfy cu Y .YE 'i`�1 T� , N C e m V V O C C N c C m T E N O N ;6 7 E U m E V m E U 7 N O O) E C 7 N C T N O m.� T N O �,� ry � ¢¢ a� U) 5. of of w5 m(If a� y .T. C F .E .T . Z3 1 O U O cE O O O 0 O m O) C c N O CD U L m 4- O N o c o N 0 7 0Q 7 aN O_ . c o O Qrn Q ¢ O Q w � m >> m U m m LL m N �c m o 9° OUCm1 L- O� F- uiF viF C6F� cn02cl T m O a Cl) O> N N W J . N � U E m L O a a m LL O O .ryb rt r ai r.+ E 'O N m L L i5 rxs aN. � cu h �p C N N O) N N G N C m ¢ O m a U m pmm 0E 0 tAW c3�E (n m u m F y_ a) U- a) of ago mo O; Z' O O. N iD ¢ ii 26 2 W N5 E i a; .ss ^i a) 0 m J C .+_T' O U U .T. p ii U _ p L) C) C fit,° T E ¢ p m o U o 0 F ,4^ mod`. Y W Q- 0 N 2 0 a N 61 ¢ m yE' N p E N O N ' O O NS 0 — , E _ fAM U )MU v)M Cq N & � I L�I/a3 N N IRS, N xa" N N C\l r 5 Off+ V a) O E 0 _ �g a W 2 O ¢ 4 a) N a) N a) N C aa)) o of w ' V U U o N — o� o 5 ¢y C U) Y m ¢ 0) ¢ C M C m C m �' � '� m Z, to o o to o o ��4 w O p N Q 0 0 0 N -0 Vpi ;O a �_c, >� ..L m =a) ¢^ ¢^ �� Q; N i�UQC9� U H m.�s rOnU�Q� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: PARK RANGER /AMBASSADOR PROGRAM POLICY OPTIONS AND RECOMMENDATION FROM CITY MANAGER {STRATEGIC PLAN NO. 1, 1B} ::1z z _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$ Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER City Manager recommendation of Option A is described below as well as two other options for City Council consideration. OPTIONS: A. Begin the Park Ambassador Program and the Police Department's Park Enforcement Liaison Program. B. Continue the existing armed Park Ranger Program. C. Begin recruitment of new armed Park Rangers, such as retired Sheriff Deputies. DISCUSSION The Park Ranger Program began in 1981 and evolved from Rangers who carried no weapons to Rangers carrying guns beginning in 1991. In the last 10 years, crime in the city including crime in the parks has decreased. At the same time, the need to enhance customer relations with park and recreation users and the ability to immediately report on needed repairs, graffiti removal, and vandalism in the City's park and recreation facilities has increased. Quickly responding to park and recreation customer needs is a key strategy in keeping the park system safe and wholesome for the public. In the last 12 years there were several recruitment efforts to hire retired police officers as part time Park Rangers. Most of the applicants that applied and passed the background and got hired were retired Police Officers from the Santa Ana Police Department. The City currently has five 20 -hour part time Park Rangers that carry guns and report to the Parks and Recreation Agency. Four of the five Rangers are CalPERS retirees. In 2012 the City was put on notice by CaIPERS 65C -1 Park Ranger /Ambassador Options and City Manager Recommendation January 20, 2015 Page 2 that CaIPERS retirees cannot be hired for more than a short temporary basis. The average employment service of the CalPERS part time Park Rangers is seven and a half years. In 2013 the City began making plans to develop a solution that would enhance the safety of the park and recreation system and at the same time enhance customer relations to the public. These planning efforts concluded and the recommended action (Option A) is to deploy the Park Ambassador Program and add a park enforcement focus area to the Police Department's Field Operations Special Enforcement Team. The job flyer for fifteen part time Park Ambassadors is attached. Funding for the part time Park Ambassadors is provided for in the FY 14 -15 approved Parks and Recreation Agency budget. Once the City Council approves the creation of the Park Ambassador Job Classification, Personnel Services will proceed in facilitating the selection of the Park Ambassadors. The one non CalPERS Park Ranger will be offered the opportunity to continue working on park and recreation customer relations. The four CalPERS retiree Park Rangers were given a 60 -day notice of termination with February 18 being their last day of employment. The Rangers have done an excellent job throughout the years. The most efficient way to continue and enhance the Ranger's law enforcement duties is to transfer this responsibility to the Police Department. Unity of command and follow up to crimes in parks such as investigating patterns of vandalism in the park system and other crimes will ensure safer park and recreational facilities. The Police Department has assigned a corporal as the full time Park Enforcement Liaison Officer who will take direction from the Department's Field Operations Special Enforcement Team. Safety and security of the City's park and recreation facilities will be enhanced through the benefit of the Police Department's resources such as dispatching of regular patrol services, horse patrol and crime analysis support. When the transfer of park law enforcement responsibilities from the Parks and Recreation Agency to the Police Department was discussed at the October 27 Parks, Recreation, Education, and Youth (PREY) Council Committee meeting, the Police Chief reported on a crime analysis study of calls for public safety services and self- initiated activity at City parks. An estimated 11,000 calls for services were received in the last five years with Santa Ana Police patrol officers handling 82% of those calls while the Park Rangers handled 18 %. This statistic confirms that the majority of Park Ranger duties do not involve public safety services. The full -time corporal assigned as the Park Enforcement Liaison Officer will help make sure that the parks and recreation facilities become even better served by Police services. In addition, efficient risk management of armed personnel should be under the Police Chief's direction. The City's resources for proper training and supervision of armed personnel are in the Police Department. A recent survey conducted by staff showed that this is the standard approach in all cities in Southern California. There are no armed park rangers in any city in Southern California except for three armed Park Rangers in the City of Long Beach and they now report to the Police Department. 65C -2 Park Ranger /Ambassador Options and City Manager Recommendation January 20, 2015 Page 3 Option B, would require rescinding the 60 -day notice of separation to the four part time Park Rangers so they can continue to perform their duties. Whether they continue in Parks and Recreation or begin working in the Police Department, the City would be in violation of the CalPERS rule that CalPERS employers should not hire CalPER retirees for more than a short temporary basis. Continuing to keep the Rangers in the payroll system puts both the retiree and the City at risk. Option C would be to begin recruitment of part time Park Rangers that qualify to carry guns, are not CalPERS retirees, and report to the Police Department. Based on the experience from previous recruitments, the process will be a long one and the outcome of hiring retired Police Officers or Sheriff Deputies from non CaiPERS systems would be expected to be poor. Waiting for hopeful results from this option would delay the implementation of the Park Ambassador Program and the start of enhancing security to the park and recreation facilities by the Police Department though their Park Enforcement Liaison approach. The steps to implement Option A would Involve the Police Department working closely with the Parks and Recreation Agency to ensure all park users and neighborhoods are aware of these new efforts. Both Police and Parks and Recreation will make sure that feedback from the community is taken into consideration as the deployment efforts of Option A takes place. STRATEGIC PLAN ALIGNMENT Affirming Option A of this item allows the City to meet Goal #1 Community Safety and Objective #1, to modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety. The strategy (1b.) will be supported so that that enhancement to the development of a community - policing plan based on community input to deliver crime prevention /community policing /traffic - pedestrian safety programs in a consistent and uniformed manner takes place. FISCAL IMPACT There is no fiscal impact associated with this action. Funding is included in the fiscal year 2014- 2015 budget. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit: Park Ambassador Job Bulletin 65C -3 65C -4 12/31/2014 Job Bulletin SANTA ANA, CITY OF (CA) invites applications for the position of: Park Ambassador (Bilingual - Spanish) (Part- Time)* SALARY: $15.62 - $19.01 Hourly OPENING DATE: 12/18/14 CLOSING DATE: Continuous TYPE OF RECRUITMENT: Open Competitive DESCRIPTION: Under general supervision, courteously and professionally interacts with residents, the general public, sports organizations, coaches, and sports participants at various City parks, trails, and recreational facilities to provide enhanced communication and services for the community, while focusing on preventing problems from occurring and promoting positive use of our parks system. The incumbent(s) will work an average of 20 hours per week. Work schedule is to be determined. This recruitment is open until filled and can close at any time and without warning. Bilingual pay is an additional $1.011hr. ESSENTIAL FUNCTIONS INCLUDE BUT ARE NOT LIMITED TO: • Monitors and provides supervision at City parks, trails, fields, and recreational facilities. • Provides excellent customer service and has detailed knowledge of Parks' programs and services, City parks, trails, and recreation facilities. • Acts as the park system's "eyes and ears" to quickly and efficiently report safety, programming, or maintenance issues to appropriate personnel to be taken care of. • Interfaces and works closely with the Police Department to report public safety problems; provides early notifications of park areas that might develop into public safety problems. • Regularly communicates with the Police Department's police officer assigned as the Park Enforcement Liaison Officer to enhance public safety while promoting early prevention of crime, deterring graffiti and vandalism, in support of the positive use of parks and recreation facilities. • Takes and administers reservations; opens and closes facilities such as athletic fields for reservations to take place; may set -up and tear down athletic field(s) when required; conducts regular inspections and reports hazardous or unsafe conditions of athletic facilities; monitors and enforces park rules as outlined in the S.A.M.C., Athletic Field Use Policies and Procedures and Synthetic Field Rules and Regulations; may assist with the maintenance and cleanliness of facilities, and with the inventory of restroom supplies. • Writes reports which may involve facility reservations and incident reports. • Participates cooperatively in work team activities. • Performs other related tasks as required. http:// agency. governmentjobs .com /santaanaldefault.cfm ?action= jobbul letin&JobID- 1028699 65C -5 1/3 12/31/2014 Job Bulletin MINIMUM QUALIFICATIONS: At least one year of experience involving extensive public contact in customer service and security; or an equivalent combination of training and experience providing the knowledge and abilities listed as follows: Knowledge of: public relations; parks rules and regulations as outlined in the S.A.M.C., Athletic Field Use Police and Procedures, and Synthetic Field Rules and Regulations; sports facility management, automatic lighting systems, and sports field preparation. Ability to: perform assignments without close supervision; learn, interpret and explain specific regulations, policies and procedures; provide excellent customer service; be effective and respectful when communicating and interacting with the community and the general public, other employees, supervisors, and sports facility patrons; become familiar with representatives from each user group; exercise flexibility and sound judgment in confrontational situations that may arise; establish and maintain effective working relationships with other employees individually and in a work team. SPECIAL REOUIREMENTS: • Must be at least 18 years of age. • Must possess and retain a valid California Class "C" Driver's License as a condition of employment. • Education equivalent to high school graduation. • Bilingual in English AND Spanish is REQUIRED. • Basic skill in using a personal computer and Microsoft software programs. • Professional and courteous attitude in working with City staff and the general public. • May be required to work extended hours, including evenings, holidays and weekends. SELECTION PROCESS: All applicants are required to complete and submit a City application and Supplemental Application Form online. Resumes or faxed copies will not be acceptedpin lieu of the City online application. 4, pplications must be submitted online. Click on the "Apply" link located at the top of this pa e. New users must create an account first. You may also visit www governmentjobs com for more information. Personnel Services and the Parks and Recreation Department will review all applications and those candidates who possess the most pertinent qualifications will be invited for an oral interview by the hiring agency. If you have any questions, please call Juan Lara at (714) 571 -4259 or Enrique Marban at (714) 571 -4254. *This newly created part time job classification and salary range are pending City Council approval. Prior to appointment a backeround records check and medical exam will be conducted The City of Santa Ana is an equal opportunity employer. If you consider yourself a person with a disability, you may contact us regarding providing reasonable accommodation. APPLICATIONS MAY BE FILED ONLINE AT: lob #PT 29 -15 PR hhrn•t /www.santa- ana.nra PARK AMBASSADOR (BILINGUAL - SPANISH) (PART- TIME)* http: / /agency.governmentjobs. com /santaanaldefauIt.cfm? action= jobbutleun &Job[D= l028699 2/3 65C -6 CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: SECOND AMENDMENT TO AGREEMENT WITH THE CITY MANAGER (STRATEGIC PLAN NO. 7) 7z CITY MANA ER ,., 25 01 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For • M 4 Authorize a second amendment to the employment agreement with the City Manager to provide additional benefits that are in line with those received by all other Executive Managers. On August 5, 2013 the City authorized the appointment of David Cavazos as City Manager pursuant to the attached employment agreement. Section 2.2.1 General Benefits, states in part "City Manager shall receive all such other benefits that are applicable to Executive Managers of the City ". The City Council has recently authorized changes to the benefits for Executive Management as follows: Reconfiguration of the Retirement Health Savings Plan (RHS) to convert the 1.75% City Medical Retirement Subsidy Plan contribution into a 1.25% base pay increase, which will then be deposited into individual employee RHS accounts. A 401 (a) deferred compensation plan available to Executive Managers, as permitted by law, should City Council adopt such a plan in the future. Under this plan, an Executive Management employee, at his or her sole discretion, may deposit into the City's 401(a) plan a portion of his or her compensation up to the maximum amount permitted by law. There will be no City contribution into this plan. • Executive Management shall be eligible to receive the same stipend for use of a personal phone or tablet in lieu of City - issued equipment at the same level afforded to other management employees. 65D -1 Second Amendment to City Manager Employment Agreement January 20, 2015 Page 2 This amendment to the employment agreement with the City Manager will make available the RHS and 401(a) benefits, as he has elected not to accept the personal equipment stipend. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6. Provide a positive workplace environment that supports the health of its employees and celebrates its success and goals. FISCAL IMPACT There is no anticipated cost to these benefits as the cost of the 1.25% salary increase to be deposited into the RHS is offset by the elimination of the 1.75% Medical Retirement Subsidy Plan contribution. The participation in the 401(a) plan is voluntary and funded by employee contributions. Francisco Gutierrez Executive Director Finance &Management Services Agency 65D -2 CITY OF SANTA ANA SECOND AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT 1. PARTIES AND DATE This Second Amendment to the City Manager Employment Agreement ( "Second Amendment ") is made and entered into as of January 20, 2015 by and between David Cavazos (hereinafter referred to as the "City Manager" or the "Employee ") and the City of Santa Ana (hereinafter referred to as "City "). City and City Manager /Employee are sometimes referred to individually as "Party" and collectively as "Parties" throughout this Second Amendment. 2. REcITALs 2.1 Agreement and First Amendment On August 5, 2013, City and Employee entered into an employment agreement entitled "City Manager Employment Agreement' (the "Agreement'), setting forth the terms and conditions for City Manager services to be provided by the Employee to the City. On September 2, 2014 City and Employee entered in a First Amendment the Agreement a copy of both the Agreement and First Amendment are attached hereto as Exhibit A to this Second Amendment. 2.2 Second Amendment City and Employee now desire to amend the Agreement for the second time in order to update and provide for certain executive level benefits related to a health savings plan and a 401(A) plan. 3. TERms 3.1 General Benefits. Section 2.2.1 (General Benefits) of the Agreement is hereby amended by Including a new Exhibit A to the Agreement. A copy of which is attached and incorporated herein by reference as Exhibit B to this Second Amendment. 3.2 Remaining Provisions. Except as amended by the First Amendment or this Second Amendment, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of City and Employee under this Second Amendment From and after the date of this Second Amendment, whenever the teem Agreement appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have reach received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 65D -3 3.4 Counternarts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the City Manager Employment Agreement as of the day of January 20, 2015. Soni Caitralho, Best Best & Krieger C' Attomey By. Miguel A. Pulido, Mayor ATTEST Ji is Maria D. Huizar, Clerk of the Council 65D -4 Exhibit A- Copies of Original Employment Agreement and First Amendment 65D -5 a- ao7s-l1a cITY OF SANTA ANA Crff MANAGER EMPLOYMENT AGREEMENT This City Manager Employment Agreement ( "Agreement ") is entered into as of the 5th day of August, 2013 (the "Effective Date"), between the City of Santa Ana (hereinafter referred to as the "City ") and David Cavazos (hcreinafrar referred to as the "City Manager" or the "Employee "). City and City Manager/Employec are sometimes referred to in this Agreement as "Party" and collectively as "Parties," RECITALS WMREAS, the City Council of the City desires to appoint and employ Employee as City Manager pursuant to the Charter of the City of Santa Ana ( "City Chartor"), and WHEREAS, the Employee desires to accept the appointment as the City Manager of the City, and WBEREAS, it is the desire of the City Council, and Employee to set Forth certain bonefits, establish Certain conditions of employment and to set certain working conditions of the City ManhM in an EmploymemAgreement. NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows: 1. Terra /Automatle Annual Renewal.. This Agreement shall be deemed effective for a three (3) year term beginning on October 21, 2013 and terminating on Ootober20, 2016, unless terminated earlier in aoodrdance with Section 9 hereof. This initial three (3) year term will, pursuant to the provisions below, automatically extend fifotn year to year unless City Council takes action to prevent the automatic extension. to the event the City Connell does toot want this Agreement to automatically extend, it will provide written notice to City Manager that the Agreement will not be extended and consequently will terminate as of the end ofthe ctareat term. If action is not taken by City Council within three (3) months before the expiration of the Initial term of this Agreement on October 20, 2016, this Agreement shall on July 20, 2016, automatically extend for one (1) year from October 21, 2016 until October 20, 2017. For each succcang year that the City Council does not take action to extend or terminate this Agreement by three (3) months before the then current end of the Agreement, the Agreement shall automatically extend for an additional year. For example, if action is not taken by the City Council to extend or terminate this Agreement by July 20, 2017, the Agreement shall on that date automatically extend for one (1) year from October 21, 2017; to October 20, 2015, and if the 45635.01000191180414 ,I M City Council doesn't take action to extend or terminate this Agreement by July 20, 2018, it will automatically extend for one (1) year from October2l, 2018 to October 20, 2014, 2. Compensaiden. 2,1 Salary (a) Annual Salary City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for servicos rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the E£.fective Date, in the amount of Three Hundred Fifteen Thousand Dollars ($315,000,00, hereinafter "Annual Base Salary"), payable in installment payments in the same manner and at the same tunes as salarlcs of other executive managers of the City are paid, The term, "Annual Base Salary" as used in this Agreement shall also include any such 4ustments approved by the City Council other than payments not eligible to be added to the City Manager's Annual Base Salary pursuant to the terms of any applicable salary resolution of City, The term "Monthly Base Salary" as used in this Agreement shall mean a sum of money equal to one - twelfth (1 /12) of City Manager's Annual Base Salary as defined herein, (b) Deferred Compensation. City Manager shall receive as additional compensation added to his base salary and deducted therefrom pursuant to Government Cade Section 53214, deferred compensation in the maximum, annual amountpormitted pursuant to Section 457 of the Internal Revenue Code at the time of execution of this Agreement, said amount consisting of the maximum Standard eontribution mid the Age 50+ contribution. (c) Performance Bonus Each fiscal year, commencing with the fiscal year that starts on July 1, 2014, the City Council may grant to City Manager a performance bonus. Whether or not to grant a bonus and the amount of any such bonus shall be in the solo diserction of the City Council. The decision by the City Council regarding the performanco bonus shall be made for each fiscal year at the time the City Council is providing the performance evaluation of City Manager required by paragraph 3 of this Agreement, It is the understanding and intent of the City and City .Manager that performance bonuses are not reportable to the California State Public Employees Reth°ement System ( "CalPERS'), and are not to be included in the calculation of City Manager's retirement allowance. Performance bonuses are not added to the annual base salary, 43635,0100017118045,4 65D -7 i 12 Benefits 2.2.1 General Benefits In addition, and except as otherwise specified herein, City Manager shall receive all such other benefits that are applicable to executive managers of the City as of the Effeotivo Date of this Agreement, including but not limited to medical insurance, dental insurance, long tetra disability insurance, life Insurance, sick leave, holidays, vacation, bereavement and family illness leave, physical examinations, participation in retirement system and participation in the City's retiree medical program in the same maraeet as other City executive managers as described in Exhibit 'IN' attached hereto. 2.2.2 Initial Sick Leave Bank Upon employment with City, City Manager shall be provided with an initial sick leave bank containing 80 hours of usable sick leave. This initial sink leave bank of 80 hours shall be for use by the City Manager under the applicable City policies and State and pederal laws only, and shall not be subject to any type of cash -out prevision at termination a$ provided under City policies partaining to the regularly snoutnulated employee sick leave balances. 2.23 Initial Vacation Allowance Capon employntont with City, City Manager shall be awarded Bo hours of vacation leave, City Manager Shall accumulate additional regular and management vacation hours in the same manner as other City exeoutdv® managers; 2.14 Longevity vacation City Manager shall accumulate Longevity Vacation at the maximum acaruai rate for an employee having completed 20 years of service with the City, 2.2,5 C&IPERS Membership As a "new amployee" under CaIPERS, City Manager will be enrolled in the 2% at age 62 benefit formula and shall be responsible for paying the corresponding employee contribution per C.aIPERS requirements as they exist today or as may be amended by the legislature, As of the effbotive date of this Agreement the applicable contribution rate is 6.75% on the first $136,440,00 of base salary, 2.2.6 Relocation Benefit City Manager shall ba provided reimbursement for the actual costs required to reinnata to California, Le,, moving expenses, not to exceed the sum of $7,500.00. Said reimbursement may include the costs of up to 2 visits to Orange County prior to moving to lmate suitable housing, 46633,010 OM 18043.4 LI W • 2.2.7 Housing Allowance 11 is tmdetstood that City Manager Ictonds to reside in the City of Santa Ana during his employment as City Manager, and that initially he will require a temporary residence while he is purchasing a permanent residence in the City and selling his existing residence in the City of phoenix. Hunthar, it is understood that the City Council desires that City Manager reside within the City of Santa Ana and believes that such residence would be of benefit to the City and ' enhance CIty ManagjWs performance as City Manager, and therefore, the City will pay City Manager the following allowances and assistance in order to efi'set the costs and expenses he will incur in establishing a temporary resldcnoe in the City, selling his existing phoenix residence, acquiring a permanent residence in the City and moving both his temporary and permanenteasideneea: (a) Temporary Housing Assistance City Manager shall be provided with reimbursement for the actual costs of temporary housing while City Manager seeks and obtains permanent Santry Ana housing in a sum not to exceed $3,000 par month and for a period not to exceed 12 months from the date of this Agreement, prior to the 12 month maximum duration, said Temporary Housing Assistance shall ceaso upon City Manager closing escrow on the purchase of a local residence or the execution of a lease on a non - temporary residence. (b) Housing Allowance Upon the termination of the Temporary Rousing Assistance referenced above, City Manager shall be provided with a housing allowance in the sum of $2,00000 per anonth for the duration of the balance of the 3 year term of this Agreements Said housing allowance shall be eontingentupon City Managerresiding withinthe City, 3. performance Evaluation. The Mayor and the City Council are responsible for setting performance goals on an annual basis in consultation with the City Manager, The City Council shall review and discuss City Manager`s perionnsncc in or around July of each year commencing in 2014. However, Employee acknowledges and accepts the fact that the City Council as Employer has the right to schedule an evaluation session at any time in accordance with the notice and all other requirements of the Brown Act. 4. Bonds. City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. asa3s,araarnrusoas.a 4 65D -9 i S. Transportation and General Business Expenses. 5.1 Vehicle Provision City shall provide City Manager with a vehicle, as well as Orel, maintenance and liability insurance for said vehicle, for City Manager's use in commuting In the parformanoe of his employment duties and for Incidental personal use. 9.2 General Business Expenses (a) City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for his continuation and partiolpation In national, regional, state and local boards, task - forces, conferences and meetings, associations and organizations desirable for City Manager's continued participation, professional growth and advancement, and for the bonefit of the City, (b) City agrees to budget and pay for travel and subsistence expenses of city Monger fbr professional and ofiflolal travel, board and task -kroe meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. (c) City shall provide City Manager with the necessary technology tools, Including and not limited to computer, software, 0011 phone and such other technologies as required by City Manager to perform his duties and to maintain communications. 6. Abuse ofOffrce or Position. Pursuant to Government Code sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse Of his office or position, all of the following shall apply: (1) if Martagor is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in its $010 discretion, as it is generally not obligated to pay fior a criminal dofense� City Manager shall be required to fully reimburse City such amounts paid; and (3) If this Agreement Is terminated, any severance Pay and severance Benefits related to the termination that City Manager may rcoeive-flu n City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section, abuse of office or position means olthor: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described In IN* 7 (commencing with Section 92) of Part 1 of the Penal Code. 7. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Patty, or sent by United States Postal Service, postage prepaid and addressed to the appropriate, Party as follows: 45655.01000\7118093,9 $ 65D -10 i If to City, City Attorney City of SantaAna 20 Civic CenterPiaza Santa Ana, CA 92702 if to City Manager: David Cavazos City Musser City of SentaAna 20 Civic Center Plaza Santa Ana, CA 92702 Notice shall be deemed given as of the date of Personal service or upon the date of deposit in the aurae oftransmission with the United States postal Service, 9, ])sties, Acceptance ofAppoiatment ,Hoursof Work, Regional Liaison. 8.1 Duties to perform the functions and agrees s specified inn the City Charter Manager City of Santa.Ana, and to perform such other legally permissible dudes and functions as the City Council may ffom time to HMO assign 8,2 Acceptance of Appointment Employee hereby accepts the appointment as City Manager of the City of Santa Ana subject to all terms and conditions set forth in this Agreement, 8.3 Hours of Work It is recognized that City Manager devotes a great deal of time outside the normal City pull oftloe -hours schedule, and to that end, he shall be allowed to establish his work schedule, taking into consideration that he is responsible for the supervision of employees and has responsibilldos to serve all departments of the City, 9. Termination. 9.1 At -Will Employee Employee shall serve at the will and pleasaro of the City Council, Nothing in this Agreement shall prevent, limit or otherwise hiterfero with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at a{y time, at the sole discretion of the City Council, as provided in the City Charter: This Agreement maybe terminated as follows, a sras,a:0007:tsnas,a 65D -11 9.2 Termination- Council Vote remove the As City Manager by motion adopted by5the Affirma �votesrOf t least two-thirds (2 13) of the members of the City Courrcil. At Ieast thirty (30) days before such removal shall become effective, the City Council shall by resolution adopted by the affirmative votes of at least two - thirds (2/3) of the members of the City Council state the reasons in writing for the removal of the City Manager, 9.3 Termination . Change in Form of Government If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City's form. of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate the Agreement, 9.4 Reduction of Salary or Benefits If the City Council reduces the Annual Base Salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of base salary for all executivemanagers of the City, such action shall constitute a tormination of this Agreement, 93 Resignation City Manager may voluntarily resign his position as City Manager, after giving City at least sixty (50) days written notice prior to the offeotive date of such resignation, unless such notice is waived in whole or part by the City Council, In the event the City Manager resigns from his employment with City, the City Manager shall not be emitted to any Severance Pay. 9.5 Severance In the event this Agreement is terminated pursuant to any one of Sections 9.2, 9.3 or 9.4 of this Agreement, the City Manager shall receive a severance payment, in a lump sum, equal to twelve (12) months of City Manager's then monthly Base Salary ( "Severance Pay„) in awordattoo with the provisions of this Agreement. A Severance Pay payment shall be his sole mmody for termination under sections 9.2, 9.3 or 9.4 of this Agreement. The Severance pay shall be paid after the City Manager exaoutes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit "B" to this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may terminate City Manager's omploymcnt for cause at any time and without prior notice, and if City Manager is terminated for oaus% he shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall inolude the foliosvingxaasons : _ turpitude. (a) Conviction of a crime, whether misdemeanor or a folony, involving moral 46635AIM711 8049.4 65D -12 For purposes of this paragraph, apiea of nolo comendere shall also be considered a conviction. (b) City Manager is determined by a court of competent jurisdiction or the State of California Fair Political Practices Commission to have knowingly and unl Agreement. 11. Intentionally Left Blank 12. Cnmtnnnicatlons in the Event of Termination 12.1 In the event the City terminates Employee for any reason or no reason, the City and Employee agree that no member of the City Council or City employees Ming on behalf of the City shall make any written, oral, or electronio statement to any member of the public, the press, or any City employee concerning the Employees termination except in the form of a joint press release or atatement, which is rnutually agreeable to the City and the Employee. The joint press release or statement shall not contain any text or irnbrmation that is disparaging to either Party. Either Party may verbally repeat the substance of the joint press Meese or statement in response to any inquiry. 13. Indemnification 133 City shall defend, hold harmless and indemnify City Manager against any tort, pm£esslanal liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged get ox omission occurring in the performance of City Manager's duties or resulting from the exerolsa Of his judgment or discretion in connection with the performance of his duties. City Shall not unreasonably refuse to provide for legal representation at City's expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgments, Interests, settlements, flues, court costs, and the reasonable costs and expenses of logai proceedings, including appeals; and including attorneys' fees, and expert witness fees and W other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by Snob City Manager in connection with ar resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performanoo of City Manager's duties. 13,2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City - related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Managers employment with the City as long as litigation is pending. P ®st empieysneart, City agrees to pay City Manager for reasonable consulting fees, travel expenses and odlar costs, wben City Manager serves as a witness, advisor or consultant to City regarding pending litigation. 4563U10DOW110M.4 [SIGNATURES ON IiOLLO WING PAi4Ej 65D -14 IN WITNESS WHf QF, the Parties have exaauted this City Employment Agreement as of the day of August, 2013, EMPLOYMCITY MANAGER Da�a Cavazos J( Maria D, Hulzar ' l Clerk of the Council 4x3s.omownso97.4 10 APPro1VW as to Form, 1 0 Atto, Carvalho, Hest moy 65D -15 $whibit "B" 9VIeMM AND I A I, the undorstped, do hereby adltnowlalgo and attest that I have read at,d understood seetioa 5 >6 of nay ;lnapl0V1mAt FAgM04VAt with the City of SApta Ana atad hereby agree that by aaoopd ag twelve (12) months Severance Pay 1111he amount of $ (12 x currerd .monthly base salaky.3, I "a to walve all x glats to Ether claims, temadies, or legal mctibn esainst the City, its offlf lattd•eraplbyeos. Ise elaclaaaago for 1OOelpt of the SovOrruaoo Payment, I and any rspresontattvos, helm, oaceessera, and assigu do boxeby eonspletelyzeleaso and forever dischargo the City of Saute Ana ad its xdated smites sand theft protean and'fnraner Offir -as, directora, coauacll members, agaats, etnptoyeas, otfornoys, sera successors (oolleativsly, "Aalaasod Parties") from all olalms, elghts,.d==ds, aottvyaas, Abli$ attars, ltabllliles, %ad arduees of actlun ofovetykind ad oharactor, known dr unlo wn, mature or wamatured,.which I may havO now or in the Tatmo arising from any act or okrilsslan 01' Wtdhion Ocaanrittg Ott or prior to, the data dais waiver is•slgaod whothet• leased WWI, contraot (cdapress or fmpl ed }, or atop federal, site, or Total law, stsue, or sogaTation (fxrll %lively, Sao "Itd MA(l CXaime "). Rzloased 0140as shall also include, NO not be limited td, olalins ft wage$ or Other agmpgnastion duo, sovetAWO pay, batluses, sick leave, vagWQn pay, life ox'bo t),. losuvanoe, or any otherOingo benefit, • Rmploya •kaawkaly and vo'lmstarily waives any and all tights or beraefats that be may now have, or 1n the fdturO may have, under the terms of Swtfoia 1542 of the California Civil Code,>tWchprovidos as follows: A OENSAT, RULEAS17 DOES NOT EXPEND TO CLAIMS WMCR THE CPBDTrOR DOSS NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER PAVOX AT 'n-M TI,TvIE OF EXEMTOO 714E RELEASE, WHICH W KNOWN BY MM OR X-MX M08T HAVE'MATPBTALLY APYECM HIS $8TTI,EMENI'Mrfil THE DEBTOR; By WVallus below, the lknr leyas aafcnowledges that he or she has read and uaderstnda flail watvor and wolnnts ly and lwowirsglly is waiving his right w1dor $ocfl a l 54Z its pursue unl<aowa er unahtlohmad oihlms, s' 0ts, demands, act!'ons, obllgatfons, ilablltties wd-roa'uses•of action of sty hind. r^' tnitiais o4°Emp,To� 4305,0i000171100A 11 65D -16 Employee shall hot filo say 014im, sue or inidete, agaktst any Pvlomotl Party, any oorapliaaca rVviewy, utloa, or pivoeedius,, or pattiaipato in tho same, lwvidually or as a member of a 0108, Qndar Gay oautraet (express or implied), ar my fedoml, state, or local law, statute, or 1v9Pl4tionpertGiU lt, any matauer to the ltoloasod Claim. App Wd astdA y; ascrso�asbrtatsaas.a l� 65D -17 U a d Cr A•2014.200 MY OF SANTA ANA r c + € ♦ ar, This First Amendment to the City Manager T: Vloyment Agroomont ( "Agreement') is entered into as of the 2' day of September, 2014 (the "Jtffeotive Datell between the City of Santa Ana (hmWafter refexred to as the ',City") and ,David Cevaros (hereinafsor rolivrod to as the "City Managee , or the "Bmployae8). City and City Manager/firnployee era 60MONMes roferred to in this Agroameut as "Fad' and collectively as Tarries" ." VORBAS, on August 9s', 2019 the City Council of the City appointed and employed Employee es City Manager of tins City ptnsnant to the Charter of the City of Santa Ana C City Charter"), and Wk1WA.S, the Pasties sot forth tae terms and conditions of said City Manager's eraployMMt in an agreement entiilod the C'' of Santa Ana City Monagor Employment Agreement (' "Agreemenf° effective that same date, and WMEAO, the parties desire to amend certain Provisions of &o Agreement as sat forth hwIt. 'UUiOMFOX0, in 40M14eretion of the covctmnts containod la aid Agreement, and subicot to all the terms and conditions of said Agreement, the Parties hereto aped as follows! Sootion 1,' TXWAUTOMATI.0 ANNUAL rtX:aNEWA ,, assail be deloted an its entirety and replaced with the following. 1. Torm/Antow atic Annual ltoaewel. This Agrooment shall be deemed offecdve for a three (9) year term beginning on October 21, 2014 and terminating on October 20, 2017, anloss terminated earlier in a0oorr#auco with S00904 rJ hereof•. This ihaae (9) year term will, putmant to the provisio o below, automatically oxtend from year to year unless City Council tapes action to prevent the automatic extension, ra the ovorr the City Council does not want this Agreement to automatioally extend, It wMl provide written notice to City Manager that the Agreement will not be extended and consegttsn0ywill tomdnate as of the end of the oruroat term. 3T action is not tdvu by City Council within time (9) months before the expiration of the term of this Agreement on October 20, 2017, this Agreement shall on July 20, 2017, atnotnatlDdy extend for one (1) year from October 21, 2017 until 0owber 20, 2019, For 0094.0=74M MA 65D -18 each succeeding year that the City Council does not take potion to extend or terminate this Agreement by threa (3) months before the then outtrant end of the Agreement, the Agreement shall autcunatically extend for an additional year. For example, if action is not taken by the City Council to axtand or terminate this Agreement by July 20, 2018, the A.geeemout shall on that date automatically extend for one (1) year from October 21, 2018, to Oetobor 20, 2010, and if the City Council doesn't take action to extend or wanate this Agreement by Judy 20, 2019, it w111 automatically extend for one (1) year from October 2.1, 2019 to October 20, 2020, Section -2 1.7, H0119NCr ALLOWANCE, shall be deleted hi its enthoty and ropisoed with the following: 2.2,7 'klousingAllowanoa It is 'understood that City Manager intands to reside in the City of Santa Ana daring his employment as City 1vlane9w, and that initially he will requiro a temporary residence whilo he is purchasing a permanent residence in the City. ltturther, it is mnd:srstood that the City Council daA MS that City Manager reside within the City of 9auta'Ana and believes that such residence would be of benellt to the City'and enhance City Manager's per'Amnance ad City Manager, and therefore, the City vd" pay City Uanager the following allowances and assistance. Section 217(b), HOUSING ALLOWANCE, shall be deleted in its entirety and replaced with the f0liowi0s, (b)HouWng Allowanoo (Temporary) UP% the tahnination of the Tompomry Housing Assistanoe •pfovided for in Section 21.7 (a), City shall pay City Manager a housing allowance in the amotuut of $2,000.00 P* month up until October 16, 2016. Said housing allowaaea shall bo contingent upon City Manager residing within the City, EXOapt as bercinaboye amended, all torms and conditions of said Agreement shall remain in full fordo and a££ect, IN W1TN3SS WHEREOF, the finites bays executed this First Arnondment to the City Manager Employment Agreement as of the 2nd day of September, 2014. EMPLO /CrrY MANAGER 4 David Cavazos 65394.0000140641M 65D -19 ATTEST: Cleric Of the Counoil 9894,000047406419A i J i L � rl� MWstant City Aftomey 65D -20 Exhibit B- Description of General Benefits provided to Executives The attached draft resolution is to be considered at the January 20, 2015 City Council meeting, Agenda Item 55A, 0 65D -21 65D -22 RESOLUTION NO. RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING, REESTABLISHING AND DELINEATING THE BASIC COMPENSATION AND BENEFIT PLAN FOR CLASSES OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM) AND RESCINDING RESOLUTION NO. 91 -066, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). C. The City Council has amended Resolution No. 91 -066 on numerous occasions since its adoption. D. Pursuant to Resolution No. 81 -075, the Employee Relations Resolution of the City of Santa Ana, and applicable State law, the City of Santa Ana certified the Santa Ana Management Association (SAMA) on September 25, 2002, as the majority representative of the Middle Management and Administrative Management Representation Unit. Hence, the City has recognized SAMA as the certified majority representative of the full time employees in said Unit. E. In an effort to clarify the compensation of unrepresentative Executive Management (EM) employees, and delete obsolete language related to unrepresented Middle Management (MM) employees, the City Attorney recommends reestablishing and delineating the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) through this resolution, by separate resolution reestablishing and delineating the Basic Classification and Compensation Plan for all represented full -time employees in the City, including represented Middle Management (MM) employees, and all represented and non - represented part-time employees, and rescinding Resolution No. 91 -066. 65D -23 711 'T'i? pity Manager recommends an increase to the Tuition Reimbursement Program to provide the highest amount that is available to other represented employees. C. The City Manager recommends establishing and delineating a Retirement Health Savings Account for unrepresented Executive Management (EM) employees and contributing to said account the highest amount that is available to other represented management employees. H. The City Manager recommends establishing and delineating a 401(a) Retirement Savings Account for unrepresented Executive Management (EM) employees to participate in, at his or her sole discretion. It is now desired to rescind Council Resolution No. 91 -066 and reestablish and affect the aforementioned changes. Benefit Plan. The City Council hereby reestablishes the unrepresented Executive Management (EM) Basic Compensation and Benefit Plan effective January 1, 2015, to read as follows: Unrepresented Executive Management (EM) Basic Compensation and Benefit Plan Effective January 1, 2015. Section 1. Executive Management (EM) Classifications and Compensation Plan, A. Unrepresented Executive Management (EM) Employee Classifications Assistant City Manager (EM) Deputy City Manager (EM) Police Chief (EM) Executive Director of Community Development (EM) Executive Director of Finance and Management Services (EM) Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Personnel Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Special Assistant to the City Manager (EM) B. Schedule of Salaries, A schedule of salaries showing salary rate ranges for classifications of employment designated as unrepresented Executive Management (EM), is attached hereto and made a part hereof as though set forth in full herein. The schedule for unrepresented Executive Management (EM) classifications and effective dates is listed as follows: 65D -24 Salary Schedule Unrepresented EM Classifications No. Effective Date Assistant City Manager (EM) EM -39 01/01/2015 Deputy City Manager (EM) EM -41 01/01/2015 65D -24 REVISED Police Chief (EM) EM -47 01/01/2015 Executive Director of Community Development (EM) EM -3433 01101/2015 Executive Director of Finance and Management Services (EM) EM -3237 01/01/2015 Executive Director of Parks, Recreation and Community Services (EM) EM -3437 01/01/2015 Executive Director of Personnel Services (EM) EM -3833 01101/2015 Executive Director of Planning and Building Safety (EM) EM -42 01101/2015 Executive Director of Public Works (EM) EM -3538 01/01/2015 Special Assistant to the City Manager (EM) EM -37 01/0112015 The unrepresented Executive Management (EM) salary schedule contains numerous salary rate ranges, each range comprised of fifteen (15) separate rates of pay shown in monthly amounts. The rate ranges are identified by a two -digit number preceded by the capital letters "EM" for Executive Management. The separate rates of pay or steps within each salary rate range are identified by the numbers 1" through "15" inclusive, with Step 1" being the lowest or minimum rate of the range, Step "8" the middle or midpoint rate of the range, and Step "15" being the highest or maximum rate. Terminal Classifications. The capitalized letter "T" shown within parenthesis [i.e., (T)] next to a classification title signifies a position classification that has been designated as "terminal" by formal City Council action and, as such, will be deleted from this classification and compensation plan for unrepresented Executive Management (EM) classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal. Section 2. Special Pay Additives and Additional Compensation Provisions. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and /or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid in the highest amount as available to represented management employees. Section 3. Administration and Applicability of the Compensation Plan A. Unless specified otherwise herein, unrepresented Executive Management (EM) employees will be subject to the same changes in compensation plan provisions, including but not limited to, sick leave maximum accrual; bereavement leave; holidays; longevity vacation cash out; health and dental insurance; access to participation in the City's Vision Plan; retirement; Retirement Health Savings Plan; and work week schedule, as provided in the highest amount as available to represented management employees on or after January 1, 2015. B. Compensation Plan Implementation. Upon implementation of the basic salary schedule set forth in Sub - section 1.B. of this Resolution, a current incumbent of an 65D -25 Executive Management (EM) classification listed herein above will be placed at the monthly rate in the assigned salary rate range which matches the incumbent's assigned base monthly salary rate on the day preceding the effective date of this Resolution, C. Hiring Pay Policy. A newly hired Executive Management (EM) employee will be compensated at a monthly rate within the lower third of the salary range (Steps 1 through 5) for his /her job classification as authorized by the appointing authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicates a higher rate would be in the City's best interest, the City Manager may authorize compensating the new employee within the middle third of the salary range (Steps 6 through 10) but the higher starting salary will generally not be above Step 8. D. Rates of Pay for Temporary and Part-Time Work. When an employee is hired in an Executive Management (EM) classification on a temporary basis, which is defined as employment with an anticipated duration of less than six (6) months, or an employee is hired in an Executive Management (EM) classification on a part-time basis, which is defined as employment of forty (40) hours or less per semi - monthly pay period, the employee will be paid at a rate per hour for actual time spent in the duties of his or her employment. Rate per hour will be computed to the nearest whole cent by dividing the classification's standard monthly rate of compensation by 173.33, A computation resulting in exactly one -half (1/2) cent will fix the rate at the next higher whole cent, E, Service. The word "service" as used in this Resolution will be deemed to mean continuous, full -time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service In a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1$) working day of the month will not be credited with "time in service" for that month when determining the length of service required for salary step advancement, A lapse of service by an Executive Management (EM) employee for a period of time longer than ten (10) calendar days by reason of resignation, quit, or discharge, will serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. F. Appointment or Promotion of Current Employee. An employee who is appointed or promoted to an Executive Management (EM) classification from a represented management or non - management classification of the City service will be placed at a salary rate in the Executive Management (EM) salary rate range which provides a minimum of a five percent (5 %) pay increase. G. Reduction in Pa v. An Executive Management (EM) employee may receive a reduction in salary on the basis of unsatisfactory work performance, conduct or other reasons at the discretion of the City Manager. H. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this Resolution and who are temporarily upgraded to an Executive Management (EM) classification will receive a five percent (5 %) increase or the minimum rate of the 65D -26 Executive Management (EM) salary range, whichever is higher, in accordance with current upgrade provisions. 1. Reallocation of Salary Rate Ranges. When an employee is in an Executive Management (EM) classification which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary step he or she held prior to the reallocation. The employee will retain credit for length of service in such salary step towards advancement to the next higher salary step. J. Y Rating. In special circumstances the City Manager may approve compensating an employee in excess of the salary range of the classification to which he or she is assigned by "freezing" the employee's salary at the current rate. In such cases, incumbents will not receive step increases or current and future general "across - the- board" salary adjustments scheduled for other classes until the salary level is equal to or greater than the "frozen" salary for the assigned classification, K. Z- Rating. A Z -Rate is a special salary rate established by the City Manager which allows an employee who has been reclassified to a classification at a lower salary rate range to be paid at a rate of pay higher than that assigned to his or her reclassified position title for a specified transition time period. Section 4. Health and Welfare Benefits The following optional insurance benefits available to Executive Management (EM) employees are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Cade § 125. The City will contribute to the cafeteria plan in the highest amount as available to represented management employees. Since the City contracts with CaIPERS for medical insurance, the amount described above will include the CalPERS statutory minimum paid by the City. A. Medical insurance. Eligible Executive Management (EM) employees may select any of the medical insurance plan options offered by CaIPERS. B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan. C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to select vision insurance coverage through the City's insurance provider. D. Cash -in -Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt -out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan. E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses optional benefits whose aggregate premium cost exceeds the 65D -27 maximum City Contributions to the Cafeteria Plan, the City will automatically deduct the excess premium amount on a pre -tax basis from the employee's regular paycheck. F. Disability Insurance. The City will pay one hundred percent (100°/x) of the premium cost for a long -term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit of sixty -six and two- thirds percent (66 2/3) of base monthly salary (insured payroll), less offsets contained in the existing plan, to a maximum monthly benefit of $5,000. G. Life Insurance and Accidental Death & Personal Loss (AD &PL). The City will pay one hundred percent (100 %) of the premium cost for term life and AD &PL insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD &PL insurance coverage in an amount equal to three times the employee's annual rate of salary to a maximum of $300,000 provided Executive Management (EM) employees can provide evidence of insurability for coverage above $150,000 if so required by the terms and conditions of said term life and AD &PL insurance policy. In the event an Executive Management (EM) employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at a reasonable cost without having to provide evidence of insurability Section 5. Leave Accruals and Cash -Out Provisions. A. Paid Holiday Time Off. Executive Management (EM) employees are not required to appear for work, except in emergencies, and will receive payment at his or her current base salary rate for the following twelve (12) holidays during each year: January 1s4; third Monday in January; third Monday in February; last Monday in May; July 4th; first Monday in September; November 11th; Thanksgiving Day and the day immediately following (Friday); Christmas Day; the last working day before Christmas Day (unless Christmas Day falls on Thursday, in which instance the day following Christmas Day will be observed) and one (1) floating holiday. Any holiday which falls on Sunday will be observed on the following Monday and any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. B. Vacation Time Off. Executive Management (EM) employees will be granted regular and longevity paid vacation leave on the same basis as provided to represented employees of the City, with the exception that such affected employees will be granted: 1. Regular vacation with pay at the annual rate of fifteen (15) working days for each of his or her first and second completed year of service. 2. An additional five (5) working days per year over the regular and longevity vacation accruals applicable to represented employees of the City. Affected Executive Management (EM) employees must take at least five (5) consecutive days of vacation leave each year. 65D -28 EC. mployees.eThe City Managers authorized t Newly-Hired grant to a persuon newly hired by the (EM) Management City to a position designated as Executive Management (EM), longevity vacation credits in the form of years of service to the City up to a maximum of 20 year. The credits will be counted as completed years of service with the City for the purpose of calculating longevity vacation accrual only. The longevity vacation credits will be added to the years of service actually completed with the City of Santa Ana by the employee to establish total years of service for the purpose of calculating longevity vacation. D. Longevity and Vacation Pay Option. Once per fiscal year, Executive Management (EM) employees will be given the option to receive cash compensation, computed on a straight time basis, in lieu of up to five (5) working days of earned, unused vacation benefits set forth in Section B. E. Sick Leave Credits for New Hires, The City Manager is authorized to grant a newly appointed Executive Management (EM) employee sick leave credits up to an amount equal to any earned but unused sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous employer. F. Payment for Unused Sick Leave. Executive Management (EM) employees will be granted payment for unused sick leave on the same basis as provided to Santa Ana Management Association (SAMA) represented employees of the City. G. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at his or her discretion, paid or unpaid leave for Executive Management (EM) employees. Section 6. Retirement Plan Contributions, A. The terms of the existing contract between the City and California Public Employees' Retirement System (CalPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by reference herein. The City will make contributions to CalPERS in accordance with its contract with CalPERS for employees covered by said contract as amended. B. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit. C. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8 %) of CalPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost - sharing pursuant to Government Code Section 20516(f). Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this eight percent (8 %) employee contribution will be implemented through 65D -29 payroll deductions on a pre -tax basis. D. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0 %e at 62 Service Retirement benefit. E. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management (EM) employees defined in 6.D. (above) will contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit. Pre - Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre -tax contributions. F. 3% at 50 Service Retirement Benefit for Classic Safes Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 3% at 50 Service Retirement benefit. G. Payment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees covered by this Resolution will contribute nine percent (9 %) of CalPERS reportable compensation toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost - sharing pursuant to Government Code Section 20515(f). Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9 %) employee contribution will be implemented through payroll deduction on a pre -tax basis. H. 2.7% Cal 57 Retirement Benefit for New Safety Members, The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% @ 57 Service Retirement benefit. I. Payment of 2.7 % at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.H. (above) will contribute at least 50% of normal cost of the 2.7% at 57 retirement benefit. Pre - Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre -tax contributions. J. Final Compensation for Pension Calculation,. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of his or her retirement, or some other 12 consecutive 65D -30 month period designated by the member. Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. K. Military Service Credit as Public Service. An Executive Management (EM) employee covered by this Resolution will be permitted to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The cost to purchase this service credit is subject to CalPERS Regulations and calculated using a present value method. L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section .13 and F (above). The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100 %) of his or her individual retirement contribution which is equal to eight percent (8 %) of reportable compensation for Classic Miscellaneous Members and nine percent (9 %) for Classic Safety Members. Such payments will be credited to the individual employee's CalPERS account. Such payments are not an increase in base salary and no salary rate range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof, As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 21% at 55 Benefits Formula will be increased by eight percent (8 %) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9 %). For the purpose of reporting an employee's compensation to CalPERS, the City will include these payments as if they were a part of the employee's reportable compensation. Section i. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full -time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees. 65D -31 Section_8.Medical Retirement Subsidy Plan. A. The City's current annual contribution towards the Medical Retirement Subsidy Plan for Executive Management (EM) employees covered under this Resolution is 1.75% of the base salary, which is based on the first payroll period in October and deposited no later than October 31st of each year. B. The plan will be administered by the City, at no cost to Executive Management (EM) employees pursuant to the written directives of Executive Management (EM) employees. The funds contributed by the City will be maintained in such a manner as to ensure that the funds are invested in a reasonably secure plan that bears a reasonable rate of interest/growth given current financial markets. For purposes of this Resolution, investments made pursuant to the then current Statement of Investment Policy for the City of Santa Ana, will be deemed to meet the requirements of this section. This program is for medical insurance premium reduction only. C. Effective November 28, 2011, the City adopted a resolution authorizing implementation of the "Vantage Care" Retirement Health Savings Plan (RHS), which designated ICMA -RC as the administrator of the plan. 1. The City agrees to amend the current contract with ICMA -RC to allow unrepresented Executive Management (EM) employees to participate in the Retiree Health Savings Plan upon approval of the majority of Executive Management (EM) employees. 2. Upon establishment of the RHS and adoption of the RHS plan by Executive Management (EM) employees, and upon instructions from Executive Management (EM) employees the City's annual contribution of 1.75% deposited in the Medical Retirement Subsidy Plan will cease. Concurrently with 'said cessation, the City will increase the base pay of each Executive Management (EM) employee by 1.25 % with said amount being deposited into employees' individual RHS accounts each pay period. This 1.25% increase in base is in -lieu of the Annual City Contribution of 1.75% paid to the Medical Retirement Subsidy fund in October each year. 3. If said RHS Plan is established after the annual payment of 1.75% into the existing Medical Retirement Subsidy plan has been made, the salary adjustment and deposit into the RHS of the 1.25% described in paragraph 8.C.2, above will be effective July 1, 2015. 4. Upon approval to participate in the RHS, Executive Management (EM) employees will determine how the existing Medical Retirement Subsidy Plan funds will be distributed among its membership and, if applicable, its retired members. Executive Management (EM) employees will dissolve the existing Medical Retirement Subsidy plan by June 30, 2016, unless said deadline has been extended by mutual agreement of Executive Management (EM) employees and the City. Section 9. Auto Allowance, With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the 65D -32 operation, maintenance and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with an optional vehicle. This provision is in accordance with and as specified in Section 2 -300, Division 1, Article IV, Santa Ana Municipal Code. Section 10. Deferred Compensation. The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into the City's 457(b) plan a portion of his or her compensation up to the maximum amount permitted by law. The City is desirous of establishing a 401(a) deferred compensation plan. As permissible by law the City will establish a 401(a) deferred compensation plan at a future date. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into said 401(a) plan upon its establishment a portion of his or her compensation up to the maximum amount permitted by law. All contributions into the 457(b) and 401(a) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code. Evaluation System. The provision of the unrepresented Executive Management (EM) performance -based evaluation system are as follows: 11.1 Purpose. The basic purpose of the performance -based evaluation system is to help attract, retain and motivate highly competent Executive Managers and to provide them with a strong incentive to excel. 11.2 Specific Compensation Determination. A. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established range for all executive positions except the City Manager, the City Attorney, and the Clerk of the Council, which will be made by the City Council. B. The City Manager will establish performance criteria and appraisal guidelines to be utilized in setting individual compensation for Executive Management (EM) employees. C. After the salary of an employee has been first established and fixed under this plan, salary advancement through the remaining steps of the 15 -step salary rate range will be based on the results of an annual performance evaluation. 11.3 Evaluation System Components. The evaluation system will be comprised of the following components: 65D -33 A. Annual Objectives. The system will include a list of outcome- based, measurable objectives to be achieved which have been mutually agreed upon between the appropriate appointing authority and each individual manager subject to his or her authority. A relative weight will be assigned to each objective listed with a minimum weight of 10% and all must total 100 %. B. Managerial Behaviors. In addition to his or her performance in achieving agreed upon objectives, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision - making and judgment, planning and organization, management control, leadership, interpersonal relations, time - management, technical knowledge, handling of stress, etc. 11.4 Performance Evaluation Guidelines. A. The City Manager will annually evaluate the performance of each of his or her Executive Management (EM) employees annually to determine their individual eligibility for a performance increase and how much, if any, increase will be given. Such annual performance evaluation will occur once a year and will cover the twelve month period preceding that date. Additionally, at least one informal mid -year progress review will be held between the City Manager and each of his or her Executive Management (EM) employees. B. Performance Ratings. Each manager's performance in relation to his or her agreed upon annual objectives and managerial behaviors will be evaluated according to the following performance rating scale: Point Rating Performance Levels 3 Significantly Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. Exceeds Expectations: Consistently meets all objectives and requirements and exceeds several. Meets Expectations: Meets objectives and requirements. Below Expectations: Fails to meet some objectives and requirements. 1 Unacceptable: Performance is significantly below the minimum required. 11.5 Performance -Based Salary Adjustments. Each Executive Management (EM) employee may be eligible to receive an annual performance - based, in -range 65D -34 salary increase and /or one -time monetary payment based on a percentage of current annual rate of base salary, or be subject to a performance -based salary reduction, in accordance with the following: A. For overall performance rated as "Significantly Exceeds Expectations," either step increases or one -time monetary payment or a combination of step increases and one -time monetary payment not to exceed seven and one -half percent (7.5 %) in toto. B. For overall performance rated as "Exceeds Expectations," either step increases or one -time monetary payment or a combination of a step increase and one- time monetary payment not to exceed five percent (5 %) in toto. C. For overall performance rated as "Meets Expectations," a one -time monetary payment in an amount up to but not to exceed two and one -half percent (2.5 %) of current annual rate of base salary or advancement of one step (2.5 %) within the salary rate range. D. For overall performance rated as "Below Expectations," no performance salary increase or monetary incentive payment. E. For overall performance rated as "Unacceptable," no performance salary increase or monetary incentive payment. Additionally, any Executive Management (EM) employee who has received such a rating and who is being paid at a step higher than the minimum rate of the salary rate range, may be reduced by one or more steps at the discretion of the City Manager. F. Application of Guidelines. 1. If an Executive Manager who is recommended for a performance increase is at the maximum of his or her salary rate range, then the entire performance increase must be awarded the equivalent amount in a one -time monetary incentive payment. 2. Any one -time monetary incentive payment granted under this plan is not an increase in base salary and no salary rate range applicable to any management employee covered by this Resolution will be changed or deemed to have been changed by reason of such payment. 3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the unrepresented Executive Management (EM) performance -based evaluation system. Such procedures and guidelines will define how performance objectives, measures and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance salary increase and monetary incentive payment options are to be exercised. 65D -35 Section 12, Miscellaneous Provisions A. Catastrophic leave Donation, Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees. C. Electronic Device Stipend, Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that received by SAMA employees. Privileges. Each employee in a classification of employment designated in Sub - section 1.A, of this Resolution as unrepresented Executive Management (EM) will continue to enjoy the same rights and privileges to which they were entitled under Resolution 91- 066 unless otherwise amended, altered or eliminated herein. Section 3: That Resolution No. 91 -066, as amended, is hereby rescinded in its entirety. Section 4: This Resolution is operative from and after January 1, 2015. ADOPTED this 20" day of January, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney M F� AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 65D -36 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015-_ to be the original resolution adopted by the City Council of the City of Santa Ana on January 20, 2015. Date: 65D -37 Clerk of the Council City of Santa Ana 65D -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: RESOLUTION CERTIFYING THE REA/FEIR FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT AND APPROVING THE PROJECT {STRATEGIC -PLAN NOS. 6, ;G; 3,2,C; & 3,4,B��}� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution certifying the Santa Ana - Garden Grove Fixed Guideway Project REA /FEIR (SCH #2010051060); 2. Adopt the Findings and Statement of Overriding Considerations for the Santa Ana - Garden Grove Fixed Guideway Project; 3. Adopt the Mitigation Monitoring and Reporting Program for the Santa Ana - Garden Grove Fixed Guideway Project; and 4. Approve the Santa Ana - Garden Grove Fixed Guideway Project; BACKGROUND This action will complete the environmental phase of the Santa Ana /Garden Grove Fixed Guideway Project in preparation for transferring project oversight to the Orange County Transportation Authority (OCTA) for the implementation, operation, and maintenance phases of the project. While OCTA will assume primary responsibility, the City will remain a participant in the design, construction, and eventual streetcar operations. The OCTA Go Local Program was initiated in 2006 to identify projects that would provide last -mile transit connectivity to the Metrolink backbone commuter rail system in Orange County. The focus of the program was to conceive these transportation options at the local level. The program helped to identify the best projects for funding consideration through a competitive process that ultimately led to partnerships between OCTA and the local agency awardees. In 2007, a collaborative effort between the cities of Santa Ana and Garden Grove led to a project concept which was one of two projects selected by OCTA to continue through the Go Local 4 -step process. In Step 1, a feasibility study was completed in 2007 that explored a fixed rail connection to Metrolink. Step 2 was initiated in 2008 and involves the subject environmental analysis. The 75A -1 Resolution Certifying the REA/FEIR Santa Ana - Garden Grove Fixed Guideway Project January 20, 2015 Page 2 remaining Go Local Steps 3 and 4 (Preliminary Engineering /Final Design, and Construction) will be led by OCTA. Santa Ana and Garden Grove have collaborated with OCTA on the environmental analysis of the Fixed Guideway Project. Santa Ana took the lead role for the California Environmental Quality Act review and the Federal Transit Administration (FTA) was the lead agency for the National Environmental Policy Act review. A draft of the Environmental Assessment /Draft Environmental Impact Report (EA /DEIR) was completed on May 22, 2014. Following public circulation of the EA /DEIR, public comments were received and addressed in the Revised Environmental Assessment/Final Environmental Impact Report (REA /FEIR). Concurrent with the environmental analysis, an Alternatives Analysis (AA) was also prepared. The AA established three build alternatives to be analyzed in the EA /DEIR: Streetcar Alternative 1, Streetcar Alternative 2, and a Transportation System Management (TSM) Alternative. Throughout the process, staff worked closely with OCTA and FTA to ensure that the EA /DEIR met all federal eligibility requirements for grant funding through the FTA Section 5309 New Starts /Small Starts Program. The draft AA was also completed on May 22, 2014 and the Locally Preferred Alternative (LPA) was identified by Council on August 5, 2014. Staff and the consultant team recommend certifying the REA /FEIR; adopting the LPA with Streetcar Alternative 1 (Operations & Maintenance Facility Site B [west of Raitt Street] and 4th Street Parking Scenario A [parallel parking]) as the Santa Ana /Garden Grove Fixed Guideway Project; and approving the project by adopting this proposed resolution (Exhibit 1). Upon certification, OCTA will submit a draft Finding of No Significant Impact ( FONSI) to FTA for approval. Once the FONSI is approved by FTA, the environmental phase of the project will be complete. City staff and the consultant team will then transfer all project documentation to OCTA for implementation. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). Approval of this item also supports Goal #3 Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, 75A -2 Resolution Certifying the REA/FEIR Santa Ana - Garden Grove Fixed Guideway Project January 20, 2015 Page 3 dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). ENVIRONMENTAL IMPACT The REA /FEIR represents an informational document that is intended to advise public decision makers, other responsible and trustee agencies, and the general public of the potential effects of the proposed project. The City of Santa Ana distributed a Notice of Preparation (NOP) for the EA /DEIR on May 24, 2010. The NOP was distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations in the project area, nearby property owners, and other individuals that may have had an interest in the project. Several public project scoping meetings were held in 2010 to identify concerns or issues from the community. The scoping meetings identified seven conceptual project alternatives including No Build, Transportation System Management (bus improvements), two Bus Rapid Transit Routes, and three Streetcar Routes. Through continued community input, these alternatives were screened down to the four alternatives presented to Council on December 20, 2010. The Reduced Set of Alternatives included the No Build alternative and those technology options that best met the needs of the community comprised of the two streetcar alternatives and a TSM alternative that included bus service improvements and signal synchronization. The EA /DEIR identified those potential impacts that could be significant and issues that would require additional analysis. The environmental issues analyzed in the EA /DEIR included: 1. Aesthetics 18. Mineral Resources 2. Agricultural and Forest Resources 19. Noise and Vibration 3. 4. Air Quality Biological Resources 20. Population and Housing 5. Coastal Zones 21. Public Services 6. Community Effects 22. Recreation 7. Cultural Resources 23. Safety and Security 8. Ecologically Sensitive Areas 24. Section 4(f) Resources 9. Economic Effects 25. Socio- Economics 10. Endangered and /or Threatened Plant and 26. Transportation, Traffic and Parking 11. Animal Species Energy Resources 27 Utilities /Service Systems 12. Environmental Justice 28. Visual Quality y 13. Geology, Soils and Seismicity 29. Water Quality, Hydrology and Floodplains 14. Hazards & Hazardous Materials 30. Wetlands and Navigable Waterways 15. Land Acquisition and Displacements 31. Construction 16. Land Use and Zoning 32. Cumulative Impacts 17. Right -of -Way, Relocations, Utility 33. Other Considerations Coordination 75A -3 Resolution Certifying the REA/FEIR Santa Ana - Garden Grove Fixed Guideway Project January 20, 2015 Page 4 The EA /DEIR Notice of Availability was released on May 22, 2014, and the 45 -day public comment period began May 23, 2014. Subsequently, staff implemented an extensive outreach campaign that exceeded statutory requirements: • 3,796 postcards were prepared and sent to all properties within 500 feet of the area of potential effect (multi - residential and single -unit properties, including the owner and tenant of each property), as well as to key stakeholders who had previously participated in the environmental process. The postcards provided details of the three scheduled meetings in English, Spanish, and Vietnamese. • A press release was sent out via Nixle and an announcement was made by the City Manager at a publicly televised City Council meeting at the start of the 45 -day review period. • Seven news outlets, including the OC Reporter and the Orange County Register, provided print and web coverage on the Santa Ana - Garden Grove Fixed Guideway Project and the scheduled public meetings. • Information was placed prominently on the homepage of the City's website, eliciting 100,000 views in the first 30 days of the 45 -day review period. • To encourage attendance, staff contacted key stakeholders, groups, and neighborhood leaders (including those outside of the 500 -foot envelope, such as the Logan and French Park neighborhoods), and sent out an a -news release to over 2,000 neighborhood leaders in advance of the meetings. A copy of the Santa Ana - Garden Grove Fixed Guideway Project AA /DEIR was placed at seven locations, including five in Santa Ana, one in the OCTA office in Orange, one location in Garden Grove, and a digital copy online, for public review. • Three public meetings were held along the potential Santa Ana - Garden Grove Fixed Guideway Project route at various times to accommodate as many people as possible. Information, interpretation and translation services were provided in English, Spanish, and Vietnamese. Flyers in all three languages were placed at every community and senior center in the city, providing information on where to find the AA /DEIR, the website address, the 45 -day review period, and how to submit comments. Notice of the public meetings and calls for public comment were also promoted on the City's social media channels several times throughout the 45 -day review period. To encourage input, flyers on the 45 -day review period and calls for comments were also distributed as handouts at neighborhood meetings throughout the 45 -day review period. • Information was provided to the Santa Ana Unified School District ( SAUSD) Public Information Office and various SAUSD staff, to extend notification to those interested. 75A -4 Resolution Certifying the REA/FEIR Santa Ana - Garden Grove Fixed Guideway Project January 20, 2015 Page 5 The public comment period ended on July 7, 2014. Comments were received from the following agencies: • Santa Ana Historical Preservation Society (letter and e-mail) - support for Streetcar Alternative 1. • US General Services Agency (GSA) (e -mail) - support for Streetcar Alternative 1; opposition to Streetcar Alternative 2. • California Native American Heritage Commission (letter) - reiterating measures needed to protect sensitive archaeological resources. • Caltrans (letter) - no comment; will continue to follow project. Public comments were also received from the following groups /residents: • Downtown, Inc. (e -mail) - support for Streetcar Alternative 1 • Santa Ana Community & Business Alliance (letter): - Opposition to the "Preferred Option" signed by 85 residents and businesses - Opposition to the "Preferred Option" and request for equity analysis signed by 98 residents • Santa Ana Chamber of Commerce (e -mail) support for Santa Ana - Garden Grove Fixed Guideway Project • Santa Ana Restaurant Association (e -mail) support for Santa Ana - Garden Grove Fixed Guideway Project • Santiago Lofts resident (e -mail) support for Santa Ana - Garden Grove Fixed Guideway Project Public comment totals from the public meetings are as follows: • 4 postcards from residents • Public Meeting #1: Verbal comments from 6 individuals • Public Meeting #2: Verbal comments from 4 individuals • Public Meeting #3: Verbal comments from 24 individuals Comments generally fell into the following categories: • General community support for a streetcar system • Concern about the duration and potential impacts of construction on Downtown businesses • Concern about loss of on- street parking • Opportunities to stimulate economic development along Fifth Street • Fourth Street versus Fifth Street 75A -5 Resolution Certifying the REA/FEIR Santa Ana - Garden Grove Fixed Guideway Project January 20, 2015 Page 6 Written responses to these comments were provided in the REA /FEIR. The REA /FEIR documents all written and oral comments received during the public review period and contains the City's responses. The comments received from the public and from the public agencies did not require any new analysis or result in major changes in the REA /FEIR. The Notice of Availability for the REA /FEIR was released on January 5, 2015. The REA /FEIR identified four environmental categories that will result in less than significant impacts through the adoption of feasible mitigation measures. Further, the REA /FEIR identified one environmental category that will result in significant environmental impacts, even with implementation of mitigation measures. The attached "Findings and Facts in support of Findings and Statement of Overriding Considerations for the Santa Ana — Garden Grove Fixed Guideway Project State Clearinghouse No. 2010051060" (Exhibit 2) summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the NOP, the comments and responses to comments on the EA /DEIR, the REA /FEIR, and other evidence presented to the City, including all other information in the administrative record. Additionally, a Mitigation Monitoring and Reporting Program has been prepared for this project and will be adopted along with the proposed resolution. The Mitigation Monitoring and Reporting Program (Exhibit 3) is found in Chapter 4 of the REA /FEIR (Exhibit 4). FISCAL IMPACT is no fiscal impact associated with this specific action. JI 'k- Fred Mou§avipour Executive Director Public Works Agency FMNVG /JG Exhibits: 1. Resolution 2. Exhibit A - Findings and Facts 3. Attachment A - Mitigation Monitoring and Reporting Program 4. REA /FEIR 75A -6 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE REA /FEIR FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT AND APPROVING THE PROJECT WHEREAS, the City of Santa Ana (the "City "), along with the City of Garden Grove, has proposed that a streetcar line be constructed and operated along a 4.2 mile - long corridor through the City of Santa Ana and into the eastern portion of the City of Garden Grove (the "Santa Ana - Garden Grove Fixed Guideway Project" or "the Project'); and WHEREAS, under the California Environmental Quality Act (Public Resources Code section 21000 et seq., "CEQA "), and pursuant to Public Resources code section 21067 and State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) section 15367, the City has assumed the role of the lead agency for the Project on behalf of itself and the City of Garden Grove; and WHEREAS, the City determined that an environmental impact report should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and WHEREAS, pursuant to State CEQA Guidelines sections 15082(a) and 15375, the City circulated a Notice of Preparation ( "NOP ") to public agencies, special districts, and members of the public for an initial 30 -day public comment period commencing May 24, 2010 and ending June 22, 2010. In addition, four scoping meetings were conducted for the general public between June 8 and June 10, 2010; and WHEREAS, during the NOP comment period, the City solicited comments from potential responsible and trustee agencies and members of the public; and WHEREAS, the City prepared an Environmental Assessment/Draft Environmental Impact Report ( "EA /DEIR ") to analyze the potential environmental effects of the Project, and then published the EA/DEIR on May 23, 2014 with a 45 -day public review period which expired on July 7, 2014. During the public review period, three public meetings regarding the Project were also held, on June 14, 17, and 19, 2014; and WHEREAS, pursuant to CEQA Guidelines section 15087, the City circulated a public notice of availability of the EA /DEIR; and WHEREAS, pursuant to CEQA Guidelines section 15086, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and other interested parties during the 45 -day comment period; and Exhibit t Resolution No. 2015 -xxx Page 1 of 4 75A -7 WHEREAS, the City received 17 written comment letters during the public review period for the EA /DEIR and prepared responses to the same. Responses were also prepared to oral comments made during the aforementioned meetings held during the public review period; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of the written responses to all commenting public agencies; and WHEREAS, the EA /DEIR assessed the environmental impacts of a number of alternative versions of the Project, without indicating a preference for any particular alternative; and WHEREAS, after review of the public comments and testimony received during the 45 -day public review period, the City Council of the City of Santa selected, via Resolution No. 2001 -049 (adopted on August 5, 2014), "Streetcar Alternative 1" (Operations & Maintenance Facility Site B [west of Raitt Street] and Fourth Street Parking Scenario A [parallel parking]) as the "Locally Preferred Alternative" to be implemented. For the purposes of this Resolution, the "Project" shall hereafter refer to Streetcar Alternative 1, as described in Resolution No. 2001 -049; and WHEREAS, the City has prepared a Revised Environmental Assessment/Final Environmental Impact Report ( "REA /FEIR "), consisting of comments received during the 45 -day public review and comment period on the EA /DEIR, written responses to those comments, and revisions and errata to the EA /DEIR. For the purposes of this Resolution, the "REA/FEIR" shall refer to the EA/DEIR, as revised by the REA /FEIR's errata section, together with the other sections of the REA /FEIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all requirements of CEQA and the State CEQA Guidelines have been satisfied in the REA /FEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the REA /FEIR sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon oral and written evidence presented to it as a whole and the entirety of the record of proceedings on the Project, which is hereby incorporated by this reference, and not based solely on the information provided in this Resolution; and Resolution No. 2015 -xxx Page 2 of 4 75A -8 WHEREAS, the REA /FEIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, the City has not received any comments or additional information that produced substantial new information requiring recirculation under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on January 20, 2015, the City Council conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard, and the Project was fully considered; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, 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 adopts the Findings and Facts attached as Exhibit A to this Resolution and incorporates them into this Resolution as if fully set forth herein. SECTION 2. Based on the entire record before the City Council, all written and oral evidence presented, and the Findings and Facts attached as Exhibit A to this Resolution, the City Council of the City of Santa Ana finds that it has reviewed and considered the REA /FEIR In evaluating the Project, that the REA /FEIR is an accurate and objective statement that fully complies with the Public Resources Code and the State CEQA Guidelines, and that the REA /FEIR reflects the independent judgment of the City Council. The City Council consequently hereby certifies the REA /FEIR and adopts the Statement of Overriding Considerations incorporated within the Findings and Facts attached as Exhibit A to this Resolution. SECTION 3. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached as Attachment A to the Findings and Facts, which are collectively attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth in the Findings and Facts and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION 4. The documents and other materials that constitute the record of proceedings for the City's actions related to the Project are available at the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza Ross Annex (M -36), Santa Ana, California 92701. The City of Santa Ana is the custodian of the record of proceedings for the Project. Resolution No, 2015.xxx Page 3 of 4 75A -9 SECTION 5. Staff is hereby directed to file a Notice of Determination within five (5) days of the approval of this Resolution with the County Clerk of the County of Orange. SECTION 6. The City Council of the City of Santa Ana hereby approves the Project. ADOPTED this 20th day of January, 2015. Miguel A. Pulido APPROVED AS TO FORM: 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. 2015 -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 -10 Resolution No. 2015 -xxx Page 4 of 4 EXHIBIT A FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SANTA ANA - GARDEN GROVE FIXED GUIDEWAY PROJECT STATE CLEARINGHOUSE NO. 2010051060 111ETkTFf-,ToT&TFrAW97k The City Council of the City of Santa Ana (City Council) hereby certifies and finds that the Santa Ana - Garden Grove (SA -GG) Fixed Guideway Project (proposed project) Revised Environmental Assessment /Final Environmental Impact Report (REA/FEIR), State Clearinghouse Number 2010051060, has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] Sections 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, Sections 15000, et seq., or CEQA Guidelines). The REA/FEIR incorporates the following documents by reference as part of the environmental record for the proposed project: (1) Environmental Assessment /Draft EIR (EA/DEIR); (2) Technical Appendices to the EA/DEIR; (3) Alternative Analysis Report; and (4) REA /FEIR, which includes Responses to Comments, Corrections and Additions, and the Mitigation Monitoring and Reporting Program (MMRP). The aforementioned documents, and the entirety of the Administrative Record for the proposed project, are hereby incorporated by reference into these findings. The City Council hereby further confirms it received, reviewed, and considered the information contained in the REA/FEIR and all hearings and submissions of testimony from City officials and departments, the public, other public agencies, community groups, and organizations, and finds that the REA/FEIR reflects its independent judgment and analysis. Concurrently with the adoption of these findings, the City Council adopts a Statement of Overriding Considerations (see Section 9, below) and an MMRP, attached hereto as Attachment A. Having received, reviewed, and considered the foregoing information, as well as any and all information in the Administrative Record, the City Council hereby makes the findings below pursuant to and in accordance with PRC Section 21081 and CEQA Guidelines Sections 15090 and 15091. The City Council makes the following findings: a. None of the public comments submitted to the City regarding the EA/DEIR and the REA/FEIR, including the public testimony made at three public hearings or responses to comments, present any significant new information that would require the EA /DEIR to be recirculated for additional public review. b. No new significant environmental impacts would result from new or modified mitigation measures proposed to be implemented. 1 January 2015 EfU'p'phT12 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations c. The EA/DEIR adequately analyzed project alternatives, and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. d. Any new information in the REA/FEIR has been provided merely to clarify or amplify information in the EA/DEIR. The new information does not reveal that the proposed project would cause significant new impacts not previously identified in the EA/DEIR. In addition, PRC Section 21081 and CEQA Guidelines Section 15091 require the City Council, prior to approving the SA -GG Fixed Guideway Project, to identify significant impacts of the proposed project and make one or more of three allowable findings for each of the significant impacts: a. The first allowable finding is that "changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR" (CEQA Guidelines Section 15091, subd. [a][1]). b. The second allowable finding is that "such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency' (CEQA Guidelines Section 15091, subd. [a][2]). c. The third allowable finding is that "specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the final environmental impact report" (CEQA Guidelines Section 15091, subd. [a][3]). The findings reported in Sections 4 through 8 are founded on, and hereby explicitly incorporate by reference, the analysis, facts, and discussions contained in the REA/FEIR regarding each particular environmental impact. Although Section 15091 of the CEQA Guidelines does not require findings to address environmental impacts initially identified as "less than significant," these findings will, nevertheless, fully account for all such effects identified in the REA/FEIR. A. DOGUment Format These findings have been organized into the following sections: 1. Section 1 provides an introduction to these findings. 2. Section 2 provides a summary of the project, overview of the discretionary actions required for approval of the proposed project, and a statement of the project's objectives. 3. Section 3 provides a summary of public participation in the environmental review for the proposed project. 4. Section 4 sets forth findings regarding the environmental impacts that were determined to be less than significant without mitigation. 5. Section 5 sets forth findings regarding significant or potentially significant environmental impacts. These impacts include those that the City Council has determined can be feasibly 2 January 2015 75A -12 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations mitigated to a less- than - significant level through the imposition of existing regulations, standard conditions and /or mitigation measures. In order to ensure compliance and implementation, all mitigation measures will be included in the MMRP for the proposed project and adopted as conditions of the proposed project by the City Council. 6. Section 6 sets forth findings regarding those significant or potentially significant environmental impacts that will or may result from the proposed project and which the City has determined cannot feasibly be mitigated to a less- than - significant level. 7. Section 7 sets forth findings regarding the cumulative, growth- inducing, and irreversible effects of the proposed project. 8. Section 8 sets forth findings regarding alternatives to the proposed project. 9. Section 9 sets forth a statement of overriding considerations, which identifies the benefits that would outweigh the significant, unavoidable environmental impacts associated with implementation of the proposed project. B. Custodian and Location of Records The documents and other materials that constitute the administrative record for the City's actions related to the proposed project are available at the City of Santa Ana, Planning and Building Agency, 20 Civic Center Plaza Ross Annex (M -20), Santa Ana, California 92701. The City of Santa Ana is the custodian of the Administrative Record for the proposed project. 2. PROJECT SUMMARY A. Project Location The SA -GG Fixed Guideway Study Area is located in central Orange County, California and directly accesses both the Los Angeles -San Diego -San Luis Obispo rail corridor and the Pacific Electric right -of -way (PE ROW) rail corridor. Running predominantly in an east -west direction, the corridor extends 4.2 miles through the City of Santa Ana and into the eastern portion of the City of Garden Grove. The Study Area is generally bounded by Harbor Boulevard to the west, 17th Street to the north, Grand Avenue to the east, and 15t Street to the south. The eastern terminus of the alignment is the Santa Ana Regional Transportation Center (SARTC) and the western terminus is the Harbor Boulevard/ Westminster Avenue intersection. B. Project Description Following receipt of public comments on the EA/DEIR and after the close of the public comment period, the City Council selected Streetcar Alternative 1 with Operations & Maintenance (O & M) Facility Site B (west of Raitt Street) and 0 Street Parking Scenario A (parallel parking) as the Locally Preferred Alternative for the SA -GG Fixed Guideway Project on August 5, 2014. Streetcar Alternative 1 (proposed project) would utilize the PE ROW, an abandoned and vacant rail right -of -way owned by the Orange County Transportation Authority (OCTA), through the western half of its alignment and generally operate along Santa Ana Boulevard, and 4th Street on the way to SARTC. The 4.2 -mile alignment would include 12 stations and it is anticipated that the streetcar system would operate seven days a week with 10- minute headways during 3 January 2015 75A -13 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations peak periods and 15- minute headways during off -peak periods. The streetcars would be electrically powered using an overhead contact system and a series of Traction Power Substations (TPSS) located intermittently along the alignment. The Downtown segment of the alignment would feature couplet operations with the westbound streetcar alignment on Santa Ana Boulevard, and the eastbound streetcar alignment on 4th Street. For the eastbound transition from Santa Ana Boulevard to 4th Street, a direct route would be provided from Santa Ana Boulevard along a public easement on the southern edge of Sasscer Park to 4th Street. The western terminus is located at the northeast corner of Harbor Boulevard and Westminster Avenue; the transition from the PE ROW to the western terminus site will include an elevated crossing. In addition, the proposed project would utilize the PE ROW and cross over the Santa Ana River. A new single -track bridge for the fixed guideway would be constructed immediately south of the Old Pacific Electric Santa Ana River Bridge, which is designated as a historic bridge and would remain in its current location and condition. Through the use of gates and signaling, the single -track bridge would accommodate bi- directional fixed guideway traffic. The proposed project would require the construction of an O & M Facility for streetcar operations. An O & M Facility is a stand -alone building which would meet the maintenance, repair, operational and storage needs of the proposed streetcar system. The O & M Facility accommodates daily and routine vehicle inspections, interior /exterior cleaning of the streetcars, preventative (scheduled) maintenance, unscheduled maintenance, and component change - outs. The proposed facility would also provide a venue for parking vehicles that are not in use and for rebuilding components. The O & M Facility is a rectangular site slightly larger than 2.4 acres. It is located west of Raitt Street and is bordered by 5th Street to the north and the PE ROW to the south. Located in an area zoned for industrial and commercial uses, this site is comprised of three parcels, two of which contain existing businesses and a combination of industrial buildings. The third parcel contains several residences. The proposed project alignment would utilize 4th Street between Ross Street and Mortimer Street in the eastbound direction. From east of Ross Street to French Street, 4th Street has one travel lane in each direction with head -in diagonal parking along each side of the roadway. The diagonal parking, with vehicles exiting parking spaces by backing into the travel lane, is incompatible with streetcar operations and the proposed project would convert the diagonal parking along the south side of 4th Street, between Ross Street and French Street, to parallel parking, widen the sidewalk along the south side from 12 to 20 feet, and replace streetlights and landscaping. A total of 26 on- street parking spaces would be removed. C. Discretionary Actions Implementation of the proposed project will require several actions by the City Council, including the following: • Certification of the Santa Ana - Garden Grove Fixed Guideway Project REA/FEIR (SCH #2010051060). The REA/FEIR evaluated the environmental impacts resulting from the proposed project, in accordance with CEQA, as amended (PRC Sections 21000 et 75A -14 January 2015 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations seq.), and the State CEQA Guidelines for Implementation of CEQA (CCR, Title 14, Sections 15000 et seq.). • Approval of the Santa Ana - Garden Grove Fixed Guideway Project • Adoption of the MMRP for the Santa Ana - Garden Grove Fixed Guideway Project • Adoption of the Findings and Statement of Overriding Considerations for the Santa Ana - Garden Grove Fixed Guideway Project The REA/FEIR would provide environmental information to responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City as a part of project implementation. These agencies include, but are not limited to, the following: • California Public Utilities Commission. Approval of crossings and horn - sounding exemption for the crossings at 5th and Fairview Streets. • City of Garden Grove. Various permits, including construction permits. • Southern California Regional Rail Authority. Issuance of a Right -of -Entry Permit. • Santa Ana Regional Water Quality Control Board. Issuance of a Clean Water Act 401 Water Quality Certification, Stormwater Municipal Separate Storm Sewer System Permit, National Pollutant Discharge Elimination System Statewide Permit. • U.S. Army Corps of Engineers. Issuance of a Clean Water Act Section 404 Permit D. Statement of Project Objectives The purpose of the proposed project is to provide a new east -west transit line in Orange County between the SARTC in the City of Santa Ana and the Harbor Boulevard/Westminster Avenue intersection in the City of Garden Grove. The primary objectives of the proposed project are as follows: • To improve transit connectivity within the Study Area; • To relieve congestion by providing alternative mobility options; • To be sensitive to the character of the community; • To increase transit options; • To improve transit accessibility to and within the Study Area; and • To provide benefits to the environment through improved air quality. Kl AIL ky /I0o]7 I IT, l4krr_1111 IATIT /_1�1 oil 1I1:7III AlIs317_tiiC�T` Meaningful public engagement was an important component of the SA -GG Fixed Guideway Project from the onset. Beginning in 2008 and continuing throughout project development to March 2014, in preparation for the public review of the EA/DEIR, the City of Santa Ana conducted outreach to the Downtown businesses. The City's multi - lingual outreach team conducted door -to -door visits to approximately 230 businesses in the Downtown area, including approximately 156 businesses along 0 Street. The purpose of the outreach was to share key 5 January 2015 75A -15 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations information with Downtown business and property owners about the SA -GG Fixed Guideway Project, inform them about the upcoming release of the EA/DEIR, document questions and input, and provide business owners with appropriate contact information for additional follow -up. A "Sorry We Missed You" letter and information packet was also prepared and left behind for business owners who were not available during the initial visit. The letter offered a briefing with the outreach team to review the proposed project information packet. Extensive efforts were conducted to involve the public and stakeholders in the planning for the implementation of a streetcar along the alignment and through the Downtown area. Prior to the release of the EA/DEIR, numerous meetings were held with stakeholders throughout the Study Area to obtain input and provide updates on the SA -GG Fixed Guideway Project. Community meetings were held with the Lacy Neighborhood, the French Park Neighborhood, the Santiago Lofts Homeowners Association, the Santa Ana Senior Center, and many other stakeholders. Stakeholder comments were collected and recorded at each meeting. In addition, a series of Stakeholder Working Group meetings were held to involve key business people and leaders in the community. Below is a list of organizations which received presentations on the proposed project: • French Park Association • Kennedy Commission • Santa Ana Collaborative for Responsible Development • Santiago Lofts Homeowners Association • Artesia Filar Neighborhood Association • Labor Union Members • Federal Courthouse • Santa Ana Senior Center • Stakeholders Working Group • Santa Ana City Council • Santa Ana Restaurant Association • Templo Calvario • State Appellate Court • Orange County Superior Court • Rancho Santiago Community College District Board of Trustees • Lacy Neighborhood • SARTC Community Meeting to discuss the Santa Ana Train Station • Board of Directors, Santa Ana Merchants Association • Downtown Inc • Santa Ana Merchants Association • Santa Ana Unified School District • Stakeholders Working Group Advisory Committee • One -on -one briefings with 140 Downtown Businesses • Santa Ana City College • Railway Association of Southern California • Santa Ana Unified School District Board s January 2015 75A -16 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • Orange County Transportation Authority (OCTA) • Everest College /Corinthian College • Santa Ana Resource Network • Orange County Business Council • Orange County Transportation Authority Transportation 2020 Committee • Federal Transit Administration • California Public Utilities Commission staff • County of Orange Supervisors and staff In addition, prior to making any key decisions on the proposed project, the City of Santa Ana initiated a public scoping process to define the appropriate range of issues to be addressed in the EA/DEIR. Four scoping meetings were conducted for the general public between June 8 and June 12, 2010. Two of these meetings were scheduled in the evening, one meeting was scheduled in the morning, and one meeting was scheduled on a Saturday afternoon, providing those community members who could not attend any of the weekday evening meetings with an opportunity to participate. Public comment opportunities were made available at each meeting. It should also be noted that articles and advertisements were published in a number of local newspapers, including several non - English publications. All information materials were presented in English, as well as Spanish. In compliance with PRC Sections 21080.4 and 21092, the Notice of Availability of the EA/DEIR for public review, beginning May 23, 2014, was filed and posted at the Orange County Clerk - Recorder's Office; advertised in the local newspaper; flyers were distributed at every community center in the City of Santa Ana; outreach was also conducted via social media; and a press release was covered by at least three different news organizations. Although not required under CEQA regulations, available data from County Assessor and City property records were used to establish a list of property owners and tenants within 500 feet of the alignment. There were 3,796 postcards delivered to property owners, business owners, tenants, and residents related to EA/DEIR availability for public review. Hard copies of the notifications and document were also made available at different locations (Santa Ana City Hall Public Works Counter, Santa Ana City Hall City Clerk's Office, Santa Ana Public Library, Salgado Center, Rosita Park, Santa Ana Train Station, Garden Grove City Hall, and OCTA), as well as online on the City of Santa Ana website. During the review period, 17 written submissions were received on the EA/DEIR from public agencies, community groups, and individuals. In addition, three public meetings were held on June 14, 17, and 19, 2014. Approximately 150 people attended the public meetings, and roughly 34 attendees gave verbal testimony at the meetings. The REA/FEIR, which contains written responses to the comment letters received during and after the 45 -day comment period and to oral testimonies during the public meetings, was completed and distributed on November 8, 2014. Distribution of the REA /FEIR entailed providing copies of the REA /FEIR to public agencies and organizations that received and /or commented on the EA/DEIR and notifying individuals who commented on the EA/DEIR or the REA/FEIR availability. The REA/FEIR was made available to the public on the City's website at http : / /santaanatransitvision.com and the locations listed above. The REA /FEIR was prepared 7 January 2015 75A -17 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations and distributed in accordance with CEQA Guidelines Section 15088(b), which requires that written responses be provided at least 10 days prior to certifying an EIR. 4. ENVIRONMENTAL ISSUES THAT WERE DETERMINED TO BE LESS THAN SIGNIFICANT The following environmental resource areas would not be significantly impacted by the proposed project: A. Aesthetics (pages 3 -66 and 3 -190 of the EA/DEIR) • The proposed project would result in the installation of overhead contact wire poles with catenary wires, new light poles, and additional traffic signals along the entire length of the proposed project alignment. These project components would introduce new vertical elements to the PE ROW and Santa Ana Boulevard. Workers and patrons of commercial establishments, motorists, and pedestrians would have limited views of the proposed improvements as they move through the area or visit commercial facilities. The visual quality associated with the Old Pacific Electric Santa Ana River Bridge, Santa Ana River Trail, Sasscer Park, the French Park and Downtown Santa Ana Historic Districts, and SARTC would not be substantially affected by the proposed project. Therefore, a less -than- significant impact related to scenic vistas, scenic resources, and visual quality would occur. • The proposed vertical elements and TPSS would not impact the low to moderate visual quality of the Study Area. Therefore, a less- than - significant impact related to visual character would occur. • While the lighting design, including intensity and height, has not been determined to date, in general, the lighting will be designed to direct lighting to the immediate area to minimize spillover, and will be consistent with the existing lighting in the area. However, it is possible that lighting associated with the O & M Facility and the stations /platforms located adjacent to residential neighborhoods could create a new source of lighting that might impact nighttime views in those areas. Project design features, including, but not limited to, architectural integration of all lighting fixtures with the character of the surrounding environment, use of shielded or recessed lighting, and use of low- profile walkway lights, would eliminate potential light and glare impacts. Therefore, a less- than - significant impact related to lighting would occur. B. Agricultural and Forest Resources (page 3 -14 of the EAIDEIR) • There are no agricultural, timberland, or forestry resources within the Study Area. The proposed project would not convert farmland to non - agricultural use; conflict with zoning for agricultural use, forest land, or timberland; conflict with Williamson Act contracts; or result in the loss or conversion of forest land to non - forest use. Therefore, no impacts related to agricultural resources, farmland, and forestry resources would occur. C. Air Quality (page 3 -156 of the EA/DEIR) • The proposed project is consistent with the City of Santa Ana long -term vision for transportation development and traffic congestion alleviation. Regionally, the proposed M 75A -18 January 2015 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations project would develop a mass transit infrastructure, which is a Transportation Control Measure in the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan that seeks to reduce air pollutant emissions via a reduction in vehicle trips and congestion. In addition, the proposed project is included in Southern California Association of Governments (SCAG) 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy (RTP /SCS), adopted on April 4, 2012. Therefore, a less -than- significant impact related to conflicting or obstructing the air quality management plan would occur. • Operational activity would increase regional emissions by less than one pound per day when compared with the emissions under the No Build Alternative. The net increase in emissions would not exceed the SCAQMD significance thresholds. Therefore, a less -than- significant impact related to violation of an air quality standard or contribution to an existing or projected air quality violation would occur. • The proposed electrically - powered streetcars would not generate localized exhaust emissions. However, changes to intersection operations as a result of project implementation could potentially increase vehicle idling and result in carbon monoxide (CO) hotspots. In addition, the proposed park- and -ride facility located on the northeast corner of the Harbor Boulevard/Westminster Avenue intersection would potentially increase localized pollutant concentrations. The CO hotspot analysis conducted for the project indicated that the proposed project would contribute less than 0.1 part per million (ppm) to the one- and eight -hour CO concentrations and would be less than the State one- and eight -hour CO standards of 20 and 9 ppm. The proposed electrically - powered streetcars would not generate diesel particulate matter. The O & M Facility would service streetcar vehicles and would require the use of solvents and related chemicals for cleaning and repair activities. However, the O & M Facility would not generate diesel emissions or be a substantial source of chemicals identified in the California Air Resources Board guidance for locating pollutant generators near sensitive populations. Therefore, a less- than - significant impact related to exposing sensitive receptors to substantial pollutant concentrations would occur. • The O & M Facility would require the use of solvents and related chemicals for cleaning and repair activities. However, these sources would not be used in sufficient quantities that would emit substantial odors for public complaints. Therefore, a less- than - significant impact related to odors would occur. D. Biological Resources (page 3 -217 of the EA/DEIR) • The Study Area is heavily developed and contains no natural biological communities. The ground disturbance footprint consists entirely of disturbed or developed land, which includes roadways, developed and undeveloped lots, parking areas, and residential and commercial developments. Literature review and field survey data determined that no special status plant or wildlife species have the potential to occur within the project's footprint and that the Study Area lacks suitable habitat that would typically support special status species or receive State or federal Endangered Species Act protections. Therefore, a less -than- significant impact related to candidate, sensitive, or special species would occur. 9 January 2015 75A -19 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • The Santa Ana River is the only potential special aquatic feature within the Study Area. It is concrete lined and contains no wetlands or hydrophytic vegetation. Therefore, no impact related to wetlands and riparian habitat would occur. • The Study Area is already heavily developed and additional development would not interfere with wildlife movement. The Study Area does not provide a major or local wildlife corridor or travel route because it does not connect two significant habitats for either fish or wildlife species. Operational activity within the ROW may frighten urban wildlife, such as raccoons and opossums. However, operational noise would cause most animals to avoid streetcar activity. Therefore, a less- than - significant impact related to wildlife movement would occur. • The proposed alignment would be located within existing surface streets or within the PE ROW. Operational activities would not result in the removal of special species trees listed in the City's Tree Preservation Policy. Therefore, the proposed project would not conflict with local policies or ordinances protecting biological resources, such as the tree preservation policy, and a less- than - significant impact related to biological resources would occur. • The Study Area is not located within a Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local (including the City of Garden Grove), regional, or State habitat conservation plan. Therefore, no impact related to conservation plans would occur. E. Architectural Resources (pages 3 -96 and 3 -191 of the EA/DEIR) • Construction and operation of the proposed project would not result in significant impacts to any architecturally significant (historic) properties, including the Old Pacific Electric Santa Ana River Bridge. Although the proposed project would require an alteration to the west abutment of the Old Pacific Electric Santa Ana River Bridge to allow the Santa Ana River Trail on both the east and west sides of the river to be separated, the abutment of the bridge is not an original component of the bridge and is not an element or feature that contributes to the historic quality of the bridge. Therefore, a less- than - significant impact related to architectural resources would occur. F. Geology and Soils (pages 3 -97 and 3 -192 of the EA/DEIR) • The Study Area is not within an earthquake fault zone as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map. There is no known evidence of a fault surface rupture expressed in the regional geomorphology and available historic aerial photographs. Given that there is no mapped earthquake fault zone within seven miles of the Study Area, the potential for fault rupture is low. Therefore, a less- than - significant impact related to fault rupture would occur. • The subsurface condition of the Study Area is composed mostly of alluvium that could potentially be exposed to strong seismic ground shaking. This ground shaking could damage streetcar tracks, the Santa Ana River Bridge, the Westminster Avenue Bridge, or the O & M Facility. In addition, the segment of the alignment between Harbor Boulevard and Raitt Street may be impacted by liquefaction due to the potential shallow depth to groundwater of less than 20 feet. The impacts of liquefaction could include potential 10 January 2015 75A -20 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations collapse or misalignment of at -grade rails, which may cause streetcar derailment. However, City Staff and regulatory agencies are required to review the design plans and approve the appropriate foundation treatment prior to the issuance of building permits to ensure the structure integrity of project facilities. Therefore, a less- than - significant impact related to seismic ground shaking and liquefaction would occur. • The topography of the Study Area is relatively flat with no significant slopes and is not mapped as being in an Earthquake- Induced Landslide Zone. There is no potential for landslides or seismically- induced landslides. Therefore, no impact related to landslides would occur. • The entire length of the alignment and the O & M Facility would be completely paved. The Study Area is in a flat, highly urbanized area, and there is little potential for soil erosion. Therefore, no impact related to soil erosion would occur. • Expansive soils are typically associated with fine - grained clayey soils that have the potential to shrink and swell with repeated changes in the moisture content. It is not anticipated that expansive soils are located near the surface in the Study Area. Therefore, no impact related to expansive soil would occur. • The Study Area is in a flat, highly urbanized area without a unique geologic feature. Therefore, no impact related to unique geologic features would occur. • The Study Area is located in an urbanized area extensively served by existing sewer infrastructure. Implementation of the proposed project would not require the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact related to septic tanks would occur. G. Greenhouse Gas Emissions (page 3 -148 of the EA/DEIR) • Greenhouse gas (GHG) emissions associated with the proposed project would be approximately 1,224 metric tons per year and would not exceed the significance threshold of 10,000 metric tons per year. Therefore, a less- than - significant impact related to GHG emissions would occur. • The proposed project would be designed to reduce vehicle miles traveled - related emissions by encouraging the use of public transit by providing accessibility to activity centers that provide employment and educational opportunities, goods and services. Therefore, a less - than- significant impact related to GHG plans, policies, and regulations would occur. H. Hazards and Hazardous Materials (pages 3 -103 and 3 -193 of the EA/DEIR) • There is a potential for hazardous materials /waste spills to occur at the O & M Facility, which is of importance as this site is located 0.20 mile from John C. Fremont Elementary School at 1930 10th Street and Romero -Cruz Elementary School at 1512 Santa Ana Boulevard. The O & M Facility would store hazardous materials /waste primarily for cleaning and routine maintenance of the streetcars and tracks and would likely house cleaning chemicals, lubrication oils, and hydraulic oils. However, the storage and disposal of hazardous materials /waste would be conducted in accordance with all federal and State regulatory 11 January 2015 75A -21 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations requirements that are intended to prevent or manage hazards and /or remediate spills, including periodic site inspections for compliance with these required practices. Therefore, a less- than - significant impact related to hazardous materials would occur. • The proposed alignment is approximately 4.3 miles from the nearest airport (John Wayne Airport). The proposed alignment is not within an airport land use plan or near a private airstrip. Therefore, no impact related to airport hazards would occur. • The proposed project would operate both in an exclusive ROW and within mixed -flow traffic. The exclusive PE ROW portion of the proposed alignment would not block or interrupt emergency access or evacuation routes. The on- street portion of the alignment would add streetcars to mixed -flow traffic, which would also have no substantial impact on emergency access or evacuation routes. However, should a major accident or emergency occur, emergency vehicles could, with permission from OCTA, use the PE ROW as an emergency access or evacuation route. Therefore, a less- than - significant impact related to emergency response and evacuation plans would occur. • The proposed alignment is located in a fully urbanized area and is not located adjacent to or intermixed with wildlands. The proposed project would not subject people or structures to a significant risk of loss, injury, or death as a result of exposure to wildland fires. Therefore, no impact related to wildland fires would occur. Hydrology and Water Quality (pages 3 -186 and 3 -214 of the EAMEIR) • The proposed project would likely generate pollutants that could travel in stormwater runoff along the track alignment in daily maintenance activities. Best management practices (BMPs) designed to reduce potential stormwater pollution would reduce, if not eliminate, potential impacts to water quality. Therefore, less- than - significant impacts related to water quality, water discharge, and stormwater runoff would occur. • The proposed project is a transportation facility and would not deplete groundwater supplies. The O & M Facility would use water for maintenance activities (e.g., vehicle washing and landscaping and screening) and worker hygiene. Implementation of BMPs would ensure that water use would be minimal. Therefore, a less- than - significant impact related to groundwater would occur. • The existing drainage pattern of the project alignment would not be substantially altered or impacted by the proposed project. The streetcar tracks do not have gutters like a traditional road, but water that falls onto impervious surfaces associated with the track system would be collected and conveyed into the storm drain system by inlets similar to roadway inlets. Therefore, a less- than - significant impact related to the drainage pattern would occur. • A small portion of the Study Area is within an area of low to moderate hazard but is not expected to be inundated during the 100 -year flood. However, there are locations that would be inundated during a 100 -year flood at channel crossings and within the western portion of the proposed project alignment. In addition, the Study Area crosses the Santa Ana River. Development in these areas is required to follow applicable federal and State regulations guiding flood management. The greatest potential for flooding would be by dam 12 January 2015 75A -22 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations inundation of the Prado Dam or a 500 -year flood. These events are unlikely with a 0.2 percent chance of occurring annually. Therefore, a less- than - significant impact related to flooding would occur. • There are no bodies of water in the vicinity of the Study Area that are large enough to produce a seiche. Therefore, no impact related to seiches would occur. • The Study Area is located approximately nine miles inland of the Pacific Ocean and would not be subject to tsunami inundation. Therefore, no impact related to tsunamis would occur. • The closest hillsides up- gradient from the project alignment are more than ten miles to the north and are separated from the project alignment by urban development, including residential uses, streets, and storm drain systems, which makes it unlikely that the project alignment would experience effects caused by mudslides. Therefore, no impact related to mudslides would occur. J. Land Use and Zoning (pages 3 -28 and 3 -201 of the EA/DEIR) • The proposed project would operate in- street within the eastern portion of the proposed alignment and in the existing PE ROW between Harbor Boulevard and Raitt Street. These transportation corridors within the Cities of Santa Ana and Garden Grove act as boundaries between neighborhoods. The in- street alignment would not create a new physical barrier that would divide any portion of the Cities of Santa Ana or Garden Grove. Similarly, the PE ROW was constructed in 1905. The operation of a streetcar along this segment would not create a new physical barrier that divides either city. Therefore, no impacts related to dividing an established community would occur. • On a regional scale, the proposed project would be consistent with the growth management policies of the SCAG Regional Comprehensive Plan and Guide to improve the standard of living, improve the regional quality of life, and maintain social, political, and cultural equity. They would also be consistent with the air quality and open space policies of the SCAG 2012 -2035 RTP /SCS. On the local level, the proposed SA -GG Fixed Guideway Project would be consistent with the North Harbor Boulevard Specific Plan, Bristol Street Corridor Specific Plan, Midtown Specific Plan, and City of Santa Ana Transit Zoning Code. Therefore, a less- than - significant impact related to land use would occur. K. Mineral Resources (page 3 -108 of the EA/DEIR) • The Study Area does not lie within a known mineral resource or mineral hazard area (i.e., radon) that would pose a risk to the human population. The Study Area does not include mineral activity areas regulated by the Surface Mining and Reclamation Act and, according to the State of California Department of Conservation Division of Oil, Gas and Geothermal Resources on -line mapping system, there are no geothermal resources, including oil and gas, located in the Study Area. Therefore, no impact related to mineral resources would occur. 13 75A -23 January 2015 Santa Ana — Gardon Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations L. Noise (pages 3 -152 and 3 -207 of the EA/DEIR) • Regarding operational vibration, the maximum vibration level generated by the proposed project would be 70 VdB at a streetcar speed of 40 miles per hour and would not exceed Federal Transit Administration (FTA) vibration impact criteria of 72 VdB for residential land uses. For institutional land uses, the maximum vibration level would be 74 VdB at a streetcar speed of 35 miles per hour and would not exceed FTA vibration impact criteria of 75 VdB. Operational activity would not expose people to excessive vibration levels. Therefore, a less- than - significant impact related to vibration would occur. • The proposed project would generate construction - related noise and vibration. Alignment and bridge construction activities would employ pieces of equipment (i.e., mounted impact hammer, foundation driller, pneumatic tools, concrete pump truck, and pavement miller or scarifier) that would exhibit high noise and vibration levels. A Noise and Vibration Control Plan will be developed and implemented prior to construction that will include BMPs to minimize exposure to high levels of noise and vibration and ensure compliance with City and FTA standards. With implementation of the Noise and Vibration Control Plan described in Section 3.16.2.3 of the EA /DEIR, the proposed project would not conflict with applicable noise standards and would not generate excessive vibration. Therefore, a less -than- significant impact related to construction noise and vibration would occur. • The closest public airport within the Study Area is John Wayne Airport, located approximately four miles to the southeast, and is not within the impacted airport noise level contours. Therefore, no impact related to airport noise would occur. M. Population and Housing (page 3 -28 of the EA/DEIR) • The proposed project would require housing acquisition resulting in displacement of approximately 28 persons. In addition, acquisition would affect fewer than a dozen businesses, which would displace no more than 50 jobs. Due to the small amount of housing and business displacement (less than one percent of the Study Area population), the number of persons displaced would be minimal compared to the existing population. Therefore, a less- than - significant impact related to population would occur. • Given the length of the four -mile alignment and the City of Santa Ana's population of over 58,000 within the Study Area, the displacement of 28 people (less than 0.05 percent) would not be considered substantial. Acquisitions requiring the displacement of existing residential uses would comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The proposed project would provide relocation assistance and compensation to displaced residences per the Uniform Act. Compensation would not be less than the approved appraisal of the property. Therefore, the proposed project would not result in the displacement of substantial housing, and a less -than- significant impact related to housing would occur. N. Public Services (page 3 -62 of the EA/DEIR) • The proposed project would not introduce a new population to create additional demand for police and fire services. The proposed project is not anticipated to create additional demand 14 January 2015 75A -24 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts In Support of Findings and Statement of Overriding Considerations for police and fire services although an increased demand for security personnel may occur. However, it is expected that the existing police and fire facilities would be adequate, and no new facilities would be required. Therefore, a less- than - significant impact related to police and fire services would occur. • The proposed project would include security- oriented design features, such as perimeter fencing around the O & M Facility. A Crime Prevention through Environment Design program would be implemented during final design that includes natural access control, natural surveillance, territoriality, and maintenance to create a safe environment. In addition, all streetcar operators would participate in a safety /security training program and surveillance cameras may be installed inside streetcar vehicles. These design features, along with police security patrols, will substantially reduce the risk for criminal activities on streetcars, at transit stations, and at the O & M Facility. Therefore, a less- than - significant impact related to streetcar security would occur. • The proposed project would not alter emergency response times given the wide distribution of emergency facilities throughout the Study Area. Crossing gates for the streetcar would generally not be down for a period of more than 30 seconds. It is likely that emergency vehicles would switch to the other side of the street particularly when there are median extensions. Should the at -grade crossing be inaccessible for a substantial duration, emergency vehicles could access multiple alternative routes within the Study Area based on the well- defined street grid. Therefore, a less- than - significant impact related to emergency response times would occur. • Although the proposed project would provide improved mobility and access to the Study Area in accordance with adopted transportation and land use plans, these improvements would not result in substantial growth of the local student population and, as such, would not necessitate the need for new schools. Therefore, no impact related to schools would occur. • Although the proposed project would improve mobility and access to communities in accordance with adopted transportation and land use plans, it would not introduce new population to the Study Area that could increase demand for parks or require the provision of new parkland. In addition, the project alignment would not disrupt or impair access to parks. Portions of the project alignment located outside of the existing transportation ROW would require some land acquisitions and easements; however, new land and easements acquisition would not displace parkland. Therefore, no impact related to parks would occur. • There are two federal buildings located near the proposed alignment. The streetcar system will be designed so as not to inhibit the function or access to the Ronald Reagan Federal Building and United States Courthouse or the Santa Ana Federal Building. The station near Santa Ana Boulevard and Ross Street will be at an adequate distance from the federal buildings so that a safety buffer is provided. Access to federal buildings would be maintained during construction and operation, and emergency access would be prioritized. Additional safety measures would also be incorporated to ensure the safe operation of the federal buildings. Therefore, a less- than - significant impact to the federal buildings would occur. 15 January 2015 75A -25 Santa Ana—Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • The proposed project would improve regional transit access to public service facilities in the Study Area, including schools, parks and recreation areas, hospitals and community health facilities. The Willowick Public Golf Course, Spurgeon Intermediate School, George Washington Carver Elementary School, Santa Ana Civic Center, Santa Ana Public Library, OCTA Park and Ride Parking Structure, and SARTC are all within walking distance of proposed stations. These public service facilities would benefit directly from the improved transit services and access to the populated areas, specifically in the Downtown Santa Ana area near the Civic Center, where a number of public governmental agencies are located. Therefore, a less- than - significant impact related to public facilities would occur. O. Recreation (page 3 -231 of the EA/DEIR) • The proposed project would improve transit access to recreational facilities within the Study Area, several of which are located within walking distance of stations, and would promote inter -city travel and increase access to the Study Area. This would potentially increase the use of existing parks and recreational facilities. However, based on ridership projections, the increased use is not expected to be significant enough to result in substantial physical deterioration of existing recreation facilities, including the Santa Ana River Trail and bikeways. Therefore, a less- than - significant impact related to recreational facilities would occur. • The Santa Ana River Trail (bicycle and equestrian paths) currently crosses underneath the Santa Ana River Bridge. The proposed project would be designed to provide sufficient clearance for users of these paths on both sides of the Santa Ana River. Therefore, a less - than- significant impact to the Santa Ana River Trail would occur. P. Transportation and Traffic (pages 3 -131 and 3 -206 of the EA/DEIR) • All intersections assessed for proposed project would operate at similar or improved levels of service (LOS) as the No Build Alternative. Therefore, a less- than - significant impact related to intersection LOS would occur. • A roadway segment capacity analysis was completed because the proposed project would operate in mixed traffic in the central and eastern portion of the Study Area. The proposed project would not cause additional roadway segments to experience capacity deficiencies beyond those identified under the No Build Alternative. Therefore, a less- than - significant impact related to roadway segments capacities would occur. • Grade crossing vehicle activity would not cause excessive vehicle queuing or significantly impact the transportation system given the relatively small number of passenger vehicle and pedestrian activity around stations at the termini or intersection movements at the Harbor BoulevardMestminster Avenue Station and SARTC. In addition, it is not expected that the proposed project would attract a significant volume of commuters using SARTC as a park - and -ride to access the streetcar system. It is anticipated that streetcar patrons would come primarily from Metrolink and Amtrak, and secondarily from other local and intercity bus services that also utilize SARTC. Therefore, a less- than - significant impact related to grade crossings and station circulation would occur. 16 January 2015 75A -26 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • The proposed project would affect access to driveways of four businesses, which would not interfere with driveway capacity or impact business operations. Therefore, a less -than- significant impact related to driveway access would occur. • The Harbor Boulevard /1st Street intersection, which operates at LOS C in the AM and PM peak hour, is the one Congestion Management Program (CMP) intersection within the Study Area. The proposed project would not change the LOS at this intersection. Therefore, a less- than - significant impact related to the CMP would occur. • The proposed project would involve improvements to the surface transportation network. The proposed alignment would not connect to an airport or cause an increase in air traffic. Therefore, no impact related to air traffic patterns would occur. • The proposed project would maintain existing or equivalent emergency access routes and response times throughout the Study Area by retaining the existing street network and connections. The proposed alignment does not pass in front of a fire station, and station locations would not prohibit access to structures. Therefore, a less- than - significant impact related to emergency access would occur. • As a fixed guideway system, the proposed project would facilitate and encourage alternative forms of transportation, including increased use of the local bus system and other transit lines (e.g., Metrolink and Greyhound). Accordingly, the proposed project would promote rather than conflict with adopted policies, plans, or programs supporting alternative transportation and would have no impact on alternative transportation modes. Q. Utilities and Service Systems (page 3 -229 of the EA/DEIR) • The proposed project would not generate wastewater from activity along the alignment or at stations. Wastewater would be generated by the O & M Facility but would not put added strain on existing wastewater treatment capacity. Therefore, a less- than - significant impact related to wastewater treatment and facilities would occur. • The existing drainage pattern of the proposed alignment would not be substantially altered or impacted by the proposed project. Streetcar tracks would be constructed mostly at -grade with the existing street ROW and the PE ROW. The streetcar tracks do not have gutters like a traditional road, but water that falls onto impervious surfaces associated with the track system would be collected and conveyed into the storm drain system by inlets similar to roadway inlets. Stormwater from non - street portions of the alignment may be directed to vegetated swales for treatment before conveyance to the City storm drain. Therefore, a less- than - significant impact related to stormwater drainage facilities would occur. • The proposed project is a transportation facility and would not deplete water supplies. The O & M Facility would use water for maintenance activities (e.g., vehicle washing) and worker hygiene. Implementation of BMPs would ensure that water use would be minimal. Therefore, a less- than - significant impact to water supply would occur. • The proposed project would not generate solid waste from activity along the alignment although standard waste receptacles would be placed at stations. It is not anticipated that streetcar riders would generate new solid waste that would exceed existing planning 17 January 2015 75A -27 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations assumptions and landfill capacity. Therefore, a less- than - significant impact related to solid waste disposal and regulations. 5. ENVIRONMENTAL ISSUES THAT WERE DETERMINED TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED The following environmental resource areas would not be significantly impacted by the proposed project with implementation of mitigation measures: A. Archaeological and Paleontological Resources (page 3 -203 of the EA/DEIR) Potential Impact: The discovery of archaeological or paleontological resources is possible during excavation activities. Therefore, without mitigation, significant impacts related to archaeological and paleontological resources would occur. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which would mitigate or avoid the significant effects on the environment as identified in the REA/FEIR. Facts in Support of Finding: The Study Area does not include archeological or paleontological resources eligible for listing in the National Register of Historic Places. Ground disturbance would not be more than five feet beneath the existing surface in most areas although ground disturbance may exceed five feet to accommodate drainage improvements near Raitt Street and for foundations for elevated structures across Westminster Avenue and the Santa Ana River. These areas are all located in previously disturbed areas with underground infrastructure that are along the street ROW or across a concrete channel, and the potential for the accidental discovery of archeological resources is remote. However, discovery of archaeological or paleontological resources is possible during excavation activities. Implementation of Mitigation Measure CRII would provide the appropriate process in the event of an accidental discovery and impacts related to archaeological and paleontological resources would be less than significant. 18 January 2015 75A -28 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations Mitigation Measure CR1 Treatment of Undiscovered Resources — The contractor shall notify construction personnel of the potential for encountering significant archaeological and paleontological resources along the alignment, and instructed in the identification of fossils and other potential resources. All construction personnel shall be informed of the need to stop work on the project site until a qualified archaeologist or paleontologist has been provided the opportunity to assess the significance of the find and implement appropriate measures to protect or scientifically remove the find. If human remains are encountered during construction, all work shall cease in the area of potential affect and the Orange County Coroner's Office shall be contacted pursuant to procedures set forth in Public Resources Code Section 5097 et seq. and Health and Safety Code in Sections 7050.5, 7051, and 7054 with respect to treatment and removal, Native American involvement, burial treatment, and re- burial, if necessary. A fifty -foot buffer, or more if deemed appropriate by the principal investigator, shall be established and work outside the buffer may resume. B. Hazards and Hazardous Materials (Hazardous Sites) (page 3 -114 of the EA/DEIR) Potential Impact: Three properties identified as potentially hazardous sites would be acquired as part of O & M Facility. The acquisition of these properties would require Phase I Environmental Site Assessments to ascertain if employees working at the O & M Facility would be exposed to toxic levels of hazardous materials. Therefore, without mitigation, significant impacts related to hazardous sites would occur. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which would mitigate or avoid the significant effects on the environment as identified in the REA/FE I R. Facts in Support of Finding: The proposed project would require limited acquisition of property, which could have the potential to contain hazardous materials. The majority of potentially hazardous properties identified within a 0.25 -mile radius of the project alignment would not be acquired or disturbed and do not require further investigation. However, three properties identified as potentially hazardous sites would be acquired as part of the O & M Facility, including All Car Auto Parts located at 2002 West 5th Street, SA Recycling located at 2006 West 5th Street, and American Auto Wrecking located at 1908 West 5th Street. Implementation of Mitigation Measure HAZ1 would reduce impacts related to hazardous sites to less than significant. Mitigation Measure HAZ1 A Phase I Environmental Site Assessment shall be prepared for the following sites • All Car Auto Parts located at 2002 West 5th Street • SA Recycling located at 2006 West 5th Street • American Auto Wrecking located at 1908 West 5th Street 19 January 2015 75A -29 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations The assessment shall be prepared by a Registered Environmental Assessor. The assessment shall be prepared in accordance with State standards /guidelines to evaluate whether the site or the surrounding area is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation, and disposal of toxic and hazardous waste or materials. If hazardous materials are identified in the Phase I Environmental Site Assessment, a Phase II Environmental Site Assessment would be completed to identify the extent of contamination and the procedures for remediation. The Phase II Environmental Site Assessment shall be approved by the California Department of Toxic Substances Control. C. Noise (Project Operation) (page 3 -152 of the EA/DEIR) Potential Impact: Project - related noise levels would exceed the significance thresholds at five Noise Sensitive Areas (NSA). Therefore, without mitigation, a significant impact related to operational noise levels would occur. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which would mitigate or avoid the significant effects on the environment as identified in the REA/FEIR. Facts in Support of Finding: Significant noise impacts at sensitive receptors NSA -4 (Spurgeon Intermediate School), NSA -6 (seven housing units), NSA -7 (five housing units), and NSA -8 (two housing units) would result from sounding of a warning horn and audible warning devices at gate crossings. Significant noise impact at NSA -9 (five housing units) would result from operation of the O & M Facility. Mitigation Measure N1 would reduce noise impacts associated with warning horns, Mitigation Measure N2 would reduce noise impacts associated with streetcar pass -by noise, and Mitigation Measure N3 would reduce noise impacts at NSA -9 by 5 dBA and NSA -10 by 4 dBA. Implementation of Mitigation Measures N1 through N3 would reduce impacts related to operational noise to less than significant. Mitiaation Measure N1 The City of Santa Ana shall request a horn - sounding exemption from the California Public Utilities Commission for the crossing at 5th and Fairview Streets. The exemption shall provide justification and demonstrate that safety would not be compromised. In lieu of the warning horn, supplemental safety measures (e.g., four -quad gates, roadway median barriers on grade crossing approaches, and pedestrian gates) would be implemented. If a horn sounding exemption is approved and established, warning horns would not be sounded except under an emergency situation. 20 January 2015 75A -30 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations N2 When practical, the contractor shall design special trackwork elements, such as turn- outs, switches, and cross -over to be located at least 600 feet away from sensitive receptors. If this cannot be achieved, then special switch devices, such as spring frogs or movable point frogs shall be utilized. A frog device is used where two rails cross. The frog is designed to ensure the wheel crosses the gap in the rail without "dropping" into the gap. N3 The contractor shall construct a noise barrier at the land uses identified as Noise Sensitive Areas 9 and 10. For receptors in Noise Sensitive Area 9, the noise barrier shall be at least 10 feet high and extend for 400 feet along the northern property edge of the proposed operations and maintenance facility. For receptors in Noise Sensitive Area 10, the noise barrier shall be at least 8 feet high and extend for 225 feet along the southern boundary of the PE ROW adjacent to 4th Street. The design of the noise barriers shall be identified on project plans prior to issuance of building permits. D. Safety and Security (Traffic Hazards) (page 3 -191 of the EA/DEIR) Potential Impact: The proposed project would result in significant safety hazards related to streetcar and passenger vehicle collisions and pedestrian safety. Therefore, without mitigation, a significant impact related to safety hazards would occur. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which would mitigate or avoid the significant effects on the environment as identified in the REA/FEIR. Facts in Support of Finding: The proposed project could potentially result in streetcar -to- streetcar collisions; collision with vehicles, pedestrians, and bicyclists; and streetcar derailment. The proposed project would be required to comply with all federal and State mandates that affect rail safety, including regulations that require fixed guideway systems to establish system safety and security programs. Following construction, the proposed project would be operated in accordance with OCTA standard operating procedures, operator rules, and the emergency plan. A safety program would be developed for and administered to all streetcar operators. Despite safety features incorporated into the project design, streetcar and passenger vehicle conflicts have been identified at schools located adjacent to the tracks. These locations include Spurgeon Intermediate School, Romero Cruz Elementary School, George Washington Carver Elementary School, and James Garfield Elementary School. Each of these locations represents an area where streetcars could collide with a passenger vehicle. The proposed project could potentially result in significant impacts related to pedestrian safety. The proposed project would include construction of the Willowick Station, located between Westminster Avenue and the Santa Ana River, to allow future access when the Willowick golf course site is redeveloped. Without the development of the Willowick Station, there are no public roadways that cross the proposed alignment within this segment. As an interim solution, a ten -foot walking path would be constructed on both sides of the fenced OCTA ROW to allow access from adjacent residential neighborhoods, located north and south of the ROW. The proposed walking path would be accessed from the two gates near Green Drive and the end of 21 January 2015 75A -31 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations Clinton Street. The walking path would not be visible from public streets and from the rear yards of adjacent homes due to the height of a proposed masonry ROW wall. The walking path is proposed to be lighted. It is also proposed that there would be pedestrian crossings of the tracks immediately south of the station platform and approximately 350 feet north of the station platform. However, the proposed project design creates several safety concerns, including the following: • Transit patrons would have to walk a long distance along a walking path that is not visible to the general public; • The proposed lighting level along the walking path may create shadowed or dimly lit areas; • Gates would be accessed by a pass key, which may trap transit patrons without a pass key or without immediate access to a pass key within the ROW; • If no pass keys are needed at access gates, then it may be possible for non - residents to access the neighborhoods adjacent to the rear of the homes on isolated streets and walkways; • Pedestrian crossings of the tracks, located north of the station platforms, may raise safety consideration for train operations; and • Allowing pedestrian access into the OCTA ROW without fencing of the area directly to the tracks would potentially result in pedestrians crossing the tracks within the ROW. Mitigation Measure SAF1 would eliminate adverse effects related to safety for pedestrian during pick -up /drop -off times at schools within along the alignment. Mitigation Measures SAF2 through SAFE would eliminate adverse effects related safety for pedestrian accessing the walking path. Implementation of Mitigation Measures SAF1 through SAF6 would reduce impacts related to traffic hazards and safety to less than significant. Mitigation Measure SAF1 The City of Santa Ana shall coordinate with the Santa Ana Unified School District and Santa Ana Police Department regarding safety at schools adjacent to the alignment. The collaborative effort between the City and interested parties shall develop and teach rail safety measures to students and parents. Other precautionary safety features shall include signs, gated crossing, and crossing and traffic signals to create a safe environment for parents and students during pick -up /drop -off times. SAF2 The contractor shall install surveillance cameras along the pedestrian walking paths within the PE ROW and at pedestrian gates to adjacent neighborhoods. Police security personnel shall be responsible for surveillance camera monitoring. SAF3 The contractor shall install emergency call boxes along the pedestrian walking paths within the PE ROW. SAF4 The contractor shall design the lighting plan for the pedestrian walking paths within the PE ROW to eliminate shadows or dimly lit areas to the greatest extent feasible. 22 January 2015 75A -32 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations SAF5 Within the PE ROW, the contractor shall fence the track area, and appropriate signage and audible and visual warning devices shall be installed at gate openings. SAF6 If Mitigation Measures SAF2 through SAF4 are considered infeasible, then the Willowick Station shall not be made operational by the contractor until an appropriate public access point from the PE ROW is created as part of the Willowick Public Golf Course redevelopment. 6. ENVIRONMENTAL ISSUES THAT WERE DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION The following environmental resource area would be significantly impacted by the proposed project even with implementation of mitigation measures (i.e., significant and unavoidable): A. Air Quality (Construction Emissions) (page 3 -221 of the EA/DEIR) Potential Impact: Significant and unavoidable air quality impacts, after incorporation of mitigation measures, would occur as a result of the violation of an air quality standard during project construction. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which would partially mitigate the significant effects on the environment as identified in the REA/FEIR, but would not reduce the impact below a level of significance. Facts in Support of Finding: Construction emissions would temporarily impact air quality with the amount and type of construction activities that would occur for the proposed project. The proposed project would be segmented for construction purposes, and construction activities would be completed in phases to minimize the disruption to local residents and businesses in the Study Area. The SCAQMD has established daily significance thresholds for assessing regional construction emissions. Nitrogen oxide (NOx) emissions associated with the proposed project would exceed the regional NOx threshold at times during the construction process. NOx emissions would continue to exceed the SCAQMD significance threshold after implementation of Mitigation Measure AQ1. Therefore, significant and unavoidable impacts related to regional NOx emissions would occur. Construction emissions of PM1e were found to exceed the SCAQMD's Localized Significance Thresholds and would, therefore, result in a local air quality impact to sensitive receptors in the vicinity of the O & M Facility. The proposed project is subject to SCAQMD Rule 403 (Fugitive Dust), which requires that dust control measures (i.e., watering, offsite dirt trackout, and haul truck freeboard clearance) be applied to minimize the generation of fugitive dust during construction activities. Despite the application of these dust control measures, PM10 emissions are still anticipated to exceed the SCAQMD's localized significance thresholds. No other feasible mitigation measures, standard conditions, or BMPs exist that would reduce this impact. Therefore, significant and unavoidable impacts related to localized PM10 emissions would occur. Mitigation Measure 23 January 2015 75A -33 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations AQ1 During the construction phase, the contractor shall use Tier 4 or higher off -road construction equipment with higher air pollutant emissions standards. 7. CUMULATIVE, GROWTH INDUCING, AND IRREVERSIBLE EFFECTS Cumulative Impacts Cumulative impacts were described on page 3 -237 of the EA/DEIR. Table 3.18 -1 (page 3 -238) lists the current, planned and pending projects in the City of Santa Ana and surrounding communities that are reasonably foreseeable. The related projects are considered as part of the baseline for the No Build Alternative in the cumulative analysis. A. Aesthetics The related projects are not anticipated to result in cumulative changes to the visual character and quality of the Study Area. The various local approvals for those projects would ensure visual compatibility with the existing environment. The proposed project would not degrade the existing visual character and quality of the Study Area, including light and glare. The combined effect of the proposed project with the No Build Alternative would not result in a cumulative impact. Therefore, light and glare impacts would not be cumulatively considerable. B. Agriculture and Forestry There are no agricultural, timberland, or forestry resources within the Study Area. The combined effects of the proposed project with the No Build Alternative would not result in a loss of lands related to agriculture and forestry. Therefore, agriculture and forestry impacts would not be cumulatively considerable. C. Air Quality In accordance with SCAQMD methodology, projects that would result in a significant impact for either regional or localized air pollutant emissions would contribute toward a cumulative impact. Cumulative projects within the Study Area and the surrounding area would include redevelopment of existing uses, as well as development of new commercial and residential uses. As the proposed project would result in a regionally and localized significant impact during construction, it is anticipated that continued development (and associated construction activities) located predominately within the City of Santa Ana would also result in regional and localized air quality impacts. Therefore, construction - related air quality impacts would be cumulatively considerable. For operational air quality emissions, projects that would not exceed the SCAQMD daily operational emissions significant thresholds would not contribute toward a cumulative impact. The proposed project would not exceed the SCAQMD daily operational emissions significant thresholds. Therefore, operational - related air quality impacts would not be cumulatively considerable. 24 January 2015 75A -34 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations D. Biological Resources Due to the site - specific nature of biological impacts (i.e., tree removal), biological impacts are typically assessed on a site - specific basis, rather than a cumulative basis. The Study Area does not include threatened or endangered species or sensitive habitats. In addition, brush clearing and tree removal would be on a small scale as the Study Area is entirely urban. Nonetheless, cumulative growth could result in impacts to biological resources including locally protected trees or violation of the Migratory Bird Treaty Act. Related projects and other future development projects would be subject to the local, regional, State and federal regulations pertaining to biological resources, including the migratory bird act. With adherence to these regulations, the combined effect of the proposed project with the No Build Alternative would not result in a cumulative impact. Therefore, biological resources impacts would not be cumulatively considerable. E. Cultural Resources Cultural resources include significant paleontological, archaeological and built environment resources. Cumulative impacts to these cultural resources are directly related to the presence and significance of these resources within the area of direct effect. No significant previously- or newly- recorded paleontological and prehistoric or historic archaeological sites have been identified within the Study Area. Given the lack of direct impacts to significant paleontological or archaeological resources associated with the proposed project, no significant cumulative impacts are anticipated as a result of concurrent construction activities in the area. The cultural resources assessment prepared for the proposed project has determined that the proposed project would not result in an adverse effect to cultural resources. Based on record searches and historic research, there are a number of significant or potentially significant cultural resources located within the proposed project vicinity. These cultural resources could be impacted on the regional level by the development of all cumulative projects, in addition to the proposed project. Therefore, the proposed project could incrementally contribute to a cumulative effect. However, the above - mentioned projects are subject to CEQA -level environmental review and include provisions to preserve historic structures and districts. Consequently, impacts to significant or potentially significant cultural resources can typically be mitigated through the avoidance of important cultural resources, the development and implementation of a data recovery plan, and /or following the Secretary of the Interior's Standards for the Treatment of Historic Properties. With adherence to these regulations, cultural resource impacts would not be cumulatively considerable. F. Geology and Soils Geotechnical hazards are site - specific, and there is little, if any, cumulative geological relationship between the proposed project and the related projects. Nevertheless, cumulative development in the area would increase the overall population and number of structures, thus, increasing the risk of exposure to seismically- induced hazards. Related projects and other future development projects would be subject to the same local, regional, State, and federal regulations pertaining to geology and soils. With adherence to these regulations, the combined 25 January 2015 75A -35 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations effect of the proposed project with the No Build Alternative would not result in a cumulative impact. Therefore, geology and soil impacts would not be cumulatively considerable. G. Greenhouse Gas Emissions California is the 15th largest emitter of GHG on the planet, representing about two percent of the worldwide emissions. An individual project may contribute an incremental amount of GHG emissions that could combine with other emission sources to create concentrations of GHG that could influence climate change. The transportation sector, largely the cars and trucks that move people and goods, is the largest contributor with approximately 37 percent of the State's total GHG emissions. Because of the high percentage of transportation- related GHG emissions, many GHG reduction plans (e.g., Orange County SCS) focus on reducing regional dependence on single - passenger vehicles. The proposed project is designed to reduce vehicle miles traveled - related emissions by encouraging the use of public transit by providing accessibility to activity centers that provide employment and educational opportunities, goods, and services. The proposed project would encourage a shift in mode of transportation travel from private passenger vehicle to commuter use of the mass transit system. As a result, the contribution of the proposed project to the combined GHG impact would not be considerable. Therefore, GHG emission impacts would not be cumulatively considerable. H. Hazards and Hazardous Materials Potentially significant impacts of the related projects associated with hazards and hazardous materials, or the release, transport, and disposal of hazardous materials, would be assessed on a case -by -case basis. While impacts associated with hazards and hazardous materials are typically site - specific and do not cumulatively affect off -site areas, conditions, such as contaminated groundwater, can affect down - gradient properties. In addition, operation of the related projects can reasonably be expected to involve the limited use of potentially hazardous materials typical of those used in residential and commercial developments, including cleaning agents, paints, pesticides, and other materials used for landscaping. Related projects would be subject to local, State, and federal regulations pertaining to hazards and hazardous materials. It is expected that all potentially hazardous materials would be used, stored, and disposed of in accordance with manufacturers' specifications and handled in compliance with applicable standards and regulations. With adherence to these regulations, hazards and hazardous materials impacts would not be cumulatively considerable. I. Hydrology and Water Quality The geographic context for the cumulative impact analysis on water quality is the Santa Ana River watershed. Like the proposed project, growth in the Santa Ana River watershed would be subject to National Pollutant Discharge Elimination System requirements regarding water quality. The Study Area is already densely developed and future land use changes or development are not likely to cause substantial changes in regional surface water quality. It is also anticipated that these related projects would also be subject to Standard Urban Stormwater Mitigation Plan requirements and implementation of measures to comply with total maximum daily loads. In addition, it is not anticipated that related projects would significantly impact flood 26 January 2015 75A -36 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations control in the concrete -lined Santa Ana River. With adherence to these regulations, hydrology and water quality impacts would not be cumulatively considerable. J. Land Use and Planning Each of the related projects have been reviewed or are under review for consistency with applicable plans, policies and regulations of the City of Santa Ana's General Plan and Zoning Code. The proposed project would be consistent with adopted land use plans and zoning codes. Selection of the proposed project would encourage new development around the stations, and allow access to Downtown and other high- intensity areas of employment, commercial development, and recreational opportunities. New transit - oriented development would be facilitated near station areas with underutilized or vacant land uses. This would further encourage compatibility with surrounding land uses and zoning. Therefore, land use and planning impacts would not be cumulatively considerable. K. Mineral Resources Mineral Resource Zones or Oil Drilling /Surface Mining Areas have not been identified within the Study Area or in the vicinity of the proposed project. Therefore, mineral resource impacts would not be cumulatively considerable. Ian The noise and vibration analysis is based on the forecast of the future growth within the region and the Study Area. The environmental document for SCAG's 2012 -2035 RTP /SCS concluded that cumulative noise impacts, including the proposed project, would be significant and unavoidable. However, with implementation and enforcement of mitigation measures, the proposed project would result in less- than - significant project - related noise impacts to sensitive locations along the alignment. As a result, the contribution of the proposed project to the combined noise impact with other development and transportation projects would not be considerable. Therefore, noise impacts would not be cumulatively considerable. While impacts associated with vibration are typically site - specific and do not cumulatively affect off -site areas, transportation projects could generate new sources of vibration. According to the FTA Transit Noise and Vibration Impact Assessment (2006) guidance document, vibration levels generated by rubber -tired vehicles are rarely perceptible. There are no related projects that would generate transportation- related vibration other than that related to rubber -tired vehicles. The proposed project would not combine with the No Build Alternative to result in a cumulative impact. Therefore, vibration impacts would not be cumulatively considerable. M. Population and Housing The Study Area experienced a population decline between 2000 and 2010, while vacancy rates increased. The proposed project would provide construction jobs in the Study Area, which could result in a population increase in Santa Ana, Garden Grove, or Orange County. However, population growth would be minor and, when combined with the growth projections assumed under the No Build Alternative, would not overburden the available housing supply in the Study Area. Therefore, population and housing impacts would not be cumulatively considerable. 27 January 2015 75A -37 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations N. Public Services Potentially significant impacts of the related projects associated with increased demand for public services would be assessed on a case -by -case basis. Potential impacts to public services from the related projects would be mitigated to a level of less than significant through the local land use approval process. The proposed project would not create new trips but could change mode of access, which could redistribute existing travel and change routes related to public services. The City of Sane Ana is within an urban environment with an expansive street network and varied inventory of public services. The redistribution in travel would not burden public services or result in substantial decreases in emergency response times. The police and fire stations are widely distributed throughout the Study Area and a comprehensive street network provides numerous alternate routes in the event of a crossing delay. Therefore, emergency response times would not be impacted. The combined effect of the proposed project with the No Build Alternative would not result in a cumulative impact. Therefore, public services impacts would not be cumulatively considerable. O. Transportation and Traffic The related projects are mainly land use development projects or are future funded and committed transportation projects that are encompassed in the 2035 traffic analysis that was performed for the proposed project. The results of the analysis captures the known cumulative impacts associated with the proposed project. The proposed project would not result in significant traffic effects and the combined effect of the proposed project with the No Build Alternative would not result in a cumulative impacts. Therefore, transportation and traffic impacts would not be cumulatively considerable. P. Utilities and Service Systems Potentially significant impacts of the related projects associated with utilities and service systems would be assessed on a case -by -case basis through permitting and will -serve letters, particularly for development projects. Operation of the proposed project would require the use of various utilities, including electricity, natural gas, and communication systems. Electricity would be used to run the streetcar system. New TPSSs would distribute power along the alignment. The proposed project is included in regional and local land use and transportation planning documents, and utility companies have the capacity to meet the future demand for utility services. The quantities required would not be substantial and major modifications or new utility facilities would not need to be constructed to serve increased demand. Therefore, utilities and service systems impacts would not be cumulatively considerable. Growth - inducing Effects While the proposed project would provide improved mobility and access to the Study Area in accordance with adopted transportation and land use plans, these improvements would not result in substantial population growth. The Study Area experienced a population decline between 2000 and 2010, while vacancy rates increased. The proposed project would provide construction jobs in the Study Area, which could result in a population increase in Santa Ana, Garden Grove, or Orange County. However, population growth would be minor and would not 28 January 2015 75A -38 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations exceed the growth projections or available housing supply in the Study Area. Therefore, the proposed project would result in less- than - significant impacts related to population growth. Growth - inducing projects are generally located in isolated, undeveloped, or underdeveloped areas, necessitating the extension of major infrastructure (e.g., sewer and water facilities, roadways, etc.) or are those that could encourage "premature" or unplanned growth (i.e., "leapfrog" development, or urban sprawl). Although development of the proposed project supports urban growth, it would not remove an obstacle to population growth since the Study Area is heavily urbanized. The proposed project would not spur new direct or indirect regional growth in terms of population or employment and, therefore, would not result in significant growth- inducing impacts. Irreversible Effects The construction and implementation of the proposed project would entail the irreversible and irretrievable commitment of energy and human resources; however, this commitment of energy, personnel, and building materials would be commensurate with that of other projects of similar magnitude. Labor would also be committed for the planning, design, construction, and operation phases of the proposed project. Construction would require the commitment of a variety of nonrenewable or slowly renewable natural resources. Energy (in the form of fossil fuels) and construction materials (such as lumber, sand and gravel, metals, and water) would be irretrievably committed for construction of the proposed project. However, there would be some offset of the loss of energy resources. Demolition debris would be recycled for other uses. For example, inert construction debris (e.g., concrete and asphalt) would potentially be crushed and used for road base or other uses requiring aggregate as reinforcement material. Ongoing operation and maintenance of the proposed project would entail a further commitment of energy resources in the form of petroleum products (diesel fuel and gasoline), natural gas, and electricity. This commitment of energy resources would be a long -term obligation because it is not possible to return the land to its original condition once it has been developed. However, the impacts of increased energy usage are not considered significant impacts. Therefore, the implementation of the proposed project would involve irreversible environmental changes to existing natural resources, but the impact would be less than significant. 8. FINDINGS REGARDING ALTERNATIVES The alternatives identified for evaluation in the EA/DEIR were based on public comments, as well as technical analyses, as detailed in the Alternative Analysis Report (under separate cover and available by request or on the City's website at http:/ /santaanatransitvision.com). The alternatives analysis process included a comprehensive review of potential technology and alignment options. Prior Analysis of Alternatives A wide range of public transit options were defined and investigated as candidate technologies. The initial alignment options were based on the need to establish an east -west transit corridor in 29 January 2015 75A -39 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations the Study Area, and to improve the Study Area's regional transit connectivity by providing direct connections to existing and planned transit services (Metrolink and OCTA fixed route and Bus Rapid Transit [BRT] services) at SARTC and at the northeast corner of Harbor Boulevard and Westminster Avenue in the City of Garden Grove. A reasonable range of alternatives has been evaluated as part of the environmental process, beginning with a robust alternatives analysis and using a screening process to provide a limited range of alternatives in the EA/DEIR. Several other alternatives, including BRT routes along Santa Ana Boulevard and Civic Center Drive, were considered in the initial alternatives analysis but were ultimately screened out because they did not fully satisfy the purpose and need or project goals and objectives and were less cost effective in terms of both capital and operations and maintenance costs per rider. These other alternatives are described in the Santa Ana and Garden Grove Fixed Guideway Corridor Alternative Analysis Report. The alternatives addressed in the EA/DEIR consisted of a No Build Alternative, Transportation System Management (TSM) Alternative, Streetcar Alternatives 1 and 2, and Initial Operating Segment (IOS) -1 and IOS -2. Streetcar Alternative 1 included the PE ROW through the western half of its alignment and Santa Ana Boulevard and 4th Street on the way to SARTC. Streetcar Alternative 2 also included the PE ROW through the western half of its alignment and generally Santa Ana Boulevard, Civic Center Drive, and 5th Street along the eastern half of the alignment to SARTC. The No Build Alternative was provided as a basis for comparing the build alternatives, each of which was specifically designed to respond to the purpose and need for the project, study goals, and community input. No Build Alternative This No Build alternative is required by Section 15126.6 of the CEQA Guidelines and provides the basis for comparing future conditions resulting from other alternatives. Conditions in the foreseeable future (through planning horizon year 2035) include projects that (1) have environmental analysis approved by an implementing agency and (2) have a funding source identified for implementation. Other projects in the foreseeable future include: • Implementation of the Transit Zoning Code (SD 84A and SD 84B), both project -level and program -level components, that are anticipated for build -out by 2028; • Implementation of the Station District Development Projects, which consist of a variety of residential development projects, community open space and some limited neighborhood - serving commercial development' • Transit improvements including modest adjustments to existing local bus routes; and expanded Metrolink service' • Three, new bus rapid transit routes: (1) Harbor Boulevard Bus Rapid Transit Corridor [Costa Mesa to Fullerton, 10- minute headways, peak period]; (2) Westminster /17th Street Bus Rapid Transit Corridor [Santa Ana to Long Beach, 10- minute headways, peak period]; and (3) Bristol Street Bus Rapid Transit Corridor [Irvine Transportation Center to Brea Mall, 10- minute headways, peak period]; and 30 January 2015 75A -40 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • Roadway improvements including the Bristol Street Widening project, which will widen Bristol Street from four to six lanes between Warner Avenue and Memory Lane, and the Grand Avenue Widening project, which will widen Grand Avenue from four to six lanes between 1 st Street and 17th Street. Findings for No Build Alternative The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the No Build Alternative identified in the EA/DEIR and REA/FEIR (CEQA Guidelines 15091(a)(3)). Although the No Build Alternative would not result in environmental impacts, it would not provide the desired levels of mobility and accessibility within the City of Santa Ana. In addition, the No Build Alternative would not foster economic development opportunities, promote sustainable transportation investments to respond to the needs of the community, or deliver travel, benefits, reliability, and choice to the public transportation system. Therefore, the No Build Alternative would not be consistent with the goals and objectives of the proposed project. TSM Alternative The TSM Alternative enhances the mobility of existing transportation facilities and transit network without construction of major new transportation facilities or significant, costly physical capacity improvements. The TSM Alternative emphasizes low cost (i.e., small physical) improvements and operational efficiencies, such as focused traffic engineering actions, expanded bus service, and improved access to transit services. Included within the TSM Alternative are modifications and enhancements to selected bus routes in the Study Area including: • Skip -stop overlay service on 1st Street (Route 64) which includes access to SARTC; • A new route between SARTC and Harbor Boulevard/Westminster Avenue via Civic Center Drive, Bristol Street and 17th StreetNVestminster Avenue, providing 10- minute peak and 20- minute off -peak service; • Expanded service span for StationLink service (Route 462) between SARTC and the Civic Center, providing 15- minute service during both peak and off -peak hours; • In addition, the following system operational improvements are included in the TSM Alternative: • Traffic signal timing improvements at select congested locations along Santa Ana Boulevard and Civic Center Drive to provide for enhanced east -west bus flow, potential including but not limited to: • Main Street at Civic Center Drive • Broadway at Civic Center Drive • Flower Street at Civic Center Drive • Fairview Street at Civic Center Drive • Santa Ana Boulevard at Santiago Street 31 January 2015 75A -41 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations o Santa Ana Boulevard at Lacy Street (install traffic signal) • Real -time bus schedule information at high - volume transit stops (e.g., Flower Street and 6th Street, Santa Ana Boulevard and Main Street) • Improvements to transit stop amenities (benches, shelters, kiosks, sidewalk connections, etc.) along the Santa Ana Boulevard and Main Street corridors • Improvements to bicycle and pedestrian circulation to promote safe, convenient and attractive connectivity between the transit system and surrounding neighborhoods and activity centers , including accommodating bicycles on all buses, providing real time bus arrival information via internet and mobile devices, installing bicycle storage facilities at SARTC and the Harbor/Westminster stop, and providing study area maps /walking guides on all buses. Findings for TSM Alternative The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the TSM Alternative identified in the EA/DEIR (CEQA Guidelines 15091(a)(3)). Although the TSM Alternative would result in less- than - significant environmental impacts, it would not provide the desired levels of mobility and accessibility for the community. The daily ridership for the TSM Alternative was projected to be 3,100 in 2035, as opposed to 6,100 under the proposed project. In addition, the TSM Alternative would not foster economic development opportunities, promote sustainable transportation investments to respond to the needs of the community, or deliver travel, benefits, reliability, and choice to the public transportation system. Therefore, the TSM Alternative would not be consistent with the goals and objectives for the proposed project. For these reasons, the City of Santa Ana rejects this alternative. Streetcar Alternative 1 Streetcar Alternative 1 (proposed project) would utilize the PE ROW, an abandoned and vacant rail right -of -way owned by the OCTA, through the western half of its alignment and generally operate along Santa Ana Boulevard, and 4th Street on the way to SARTC. The 4.2 -mile alignment would include 12 stations and it is anticipated that the streetcar system would operate seven days a week with 10- minute headways during peak periods and 15- minute headways during off -peak periods. The streetcars would be electrically powered using an overhead contact system and a series of TPSS located intermittently along the alignment. Findings for Streetcar Alternative 1 Streetcar Alternative 1 has no substantial differences in the severity of environmental impacts when compared to the other alternatives. The purpose of the proposed project is to provide a new east -west transit line in Orange County between the SARTC in the City of Santa Ana and the Harbor Boulevard /Westminster Avenue intersection in the City of Garden Grove. The primary objectives of the proposed project are as follows: • To improve transit connectivity within the Study Area; • To relieve congestion by providing alternative mobility options; 32 January 2015 75A -42 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations • To be sensitive to the character of the community; • To increase transit options; • To improve transit accessibility to and within the Study Area; and • To provide benefits to the environment through improved air quality. Streetcar Alternative 1 would satisfy each of the project objectives and goals with similar environmental effects as the other build alternatives. Therefore, Streetcar Alternative 1 is the environmentally superior alternative. Streetcar Alternative 2 Streetcar Alternative 2 would utilize the PE ROW through the western half of its alignment and substantially operate along Santa Ana Boulevard, Civic Center Drive, and 5th Street along the eastern half of the alignment to SARTC. The operational characteristics of this alternative are identical to Streetcar Alternative 1. The differences between the two streetcar alternatives are the alignment and the fact that Streetcar Alternative 2 would have one additional station for a total of 13. Findings for Streetcar Alternative 2 Similar to Streetcar Alternative 1 (the locally preferred alternative), construction - related air quality emissions associated with Streetcar Alternative 2 would result in a regional NOx impact, a localized PM1e impact, and a cumulative impact. The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible Streetcar Alternative 2 identified in the ENDEIR (CEQA Guidelines 15091(a)(3)). The daily ridership for Streetcar Alternative 2 was projected to be 4,700 in 2035, as opposed to 6,100 for the proposed project. Streetcar Alternative 2 would generate less ridership than the proposed project. It would not provide adequate access to transit within the City of Santa Ana and, therefore, would not be consistent with the goals and objectives of the proposed project. For these reasons, the City of Santa Ana rejects this alternative. I0S -1 and I0S -2 In response to funding and phasing issues raised by fiscal constraints identified during OCTA's long -range transportation planning process, IOSs, which are shorter segments of the Streetcar Alternatives, were analyzed. Similar to the proposed project, construction - related air quality emissions associated with IOS -1 and IOS -2 would result in a regional NOx impact, a localized PM1e impact, and a cumulative impact. The intent of the IOS alternatives was to identify starter segments that could be constructed and operated until funding is assembled to complete the remaining portion of the project. Both IOS -1 and IOS -2 would terminate at Raitt Station ( Raitt Street and Santa Ana Boulevard) rather than Harbor Station (Harbor Boulevard and Westminster Avenue). Both would include the same project features and design options as their respective full alignment build alternatives between Raitt Street and SARTC. The configuration of Raitt as an interim terminus station is the same for IOS -1 and IOS -2. Just over 50 spaces would be provided for station parking at Raitt within the PE ROW on an interim basis 33 January 2015 75A -43 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations to be replaced by parking at Harbor Station upon completion of the full Project. Vehicular access to Raitt Station parking would be via Daisy Avenue. Findings for IOS -1 and IOS -2 The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible IOS -1 and IOS -2 identified in the EA/DEIR and (CEQA Guidelines 15091(a)(3)). The IOS alternatives would not be environmentally superior to the proposed project with the exception that these shorter route options would result in less excavation and subsequent acquisition and construction - related impacts. The impacts of the IOS alternatives would be essentially the same as the proposed project with traffic, parking and circulation impacts being redistributed to the new terminal station location at Raitt Station. Each IOS alternative would generate approximately 47 percent of the ridership associated with the full alignment. The other key distinction of these shorter alignment options is that they reduce the beneficial effects from the full route, particularly in the area of regional connectivity. Therefore, IOS -1 and IOS -2 would not be consistent with project goals and objectives compared to the proposed project. For these reasons, the City of Santa Ana rejects these alternatives. O & M Facility Site Options Both Streetcar Alternatives 1 and 2 would require the construction of an O & M Facility for streetcar operations. An O & M Facility is a stand -alone building which would meet the maintenance, repair, operational and storage needs of the proposed streetcar system. The O & M Facility accommodates daily and routine vehicle inspections, interior /exterior cleaning of the streetcars, preventative (scheduled) maintenance, unscheduled maintenance, and component change -outs. The proposed facility would also provide a venue for parking vehicles that are not in use and for rebuilding components. Two O & M facilities were analyzed in the EA/DEIR. O & M Facility Site A is an irregularly shaped parcel slightly larger than 2.2 acres, and bordered by 6th Street to the north, 4th Street to the south, the Metrolink tracks to the east, and various industrial and commercial businesses to the west. Currently used as a waste transfer and recycling center, this site contains one primary structure with the remainder of the site used for receiving and sorting recycling materials, and parking. O & M Facility Site B is a rectangular site slightly larger than 2.4 acres. It is located west of Raitt Street and is bordered by 5th Street to the north and the PE ROW to the south. Located in an area zoned for industrial and commercial uses, this site is comprised of three parcels, two of which contain existing businesses and a combination of industrial buildings. The third parcel contains a multi - family structure with six residences. Findings for O & M Facility Site Options The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible O & M Facility Site A identified in the EA/DEIR and (CEQA Guidelines 15091(a)(3)). The smaller size, irregular shape, and distance from the PE ROW make O & M Facility Site A less efficient to develop and operate, and provides less opportunity to accommodate a greater range of O & M functions on the site. In conjunction with its location 34 January 2015 75A -44 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations eastern end of the corridor, O & M Facility Site A provides less flexibility to serve future system expansion, or extensions or connections through Garden Grove to Anaheim. For these reasons, the City of Santa Ana rejects O & M Facility Site A. The size, rectangular shape and proximity to the PE ROW make O & M Facility Site B more efficient to develop and operate, and provides opportunity to accommodate a greater range of O & M functions on the site. In conjunction with its location in the western half of the corridor, O & M Facility Site B provides greater flexibility to serve future system expansion, or extensions or connections through Garden Grove to Anaheim. For these reasons, the City of Santa Ana adopts O & M Facility Site B. Fourth Street Parking Scenarios The proposed project would utilize 4th Street between Ross Street and Mortimer Street in the westbound direction. From east of Ross Street to French Street, 4th Street has one travel lane in each direction with head -in diagonal parking along each side of the roadway. The diagonal parking, with vehicles exiting parking spaces by backing into the travel lane, is incompatible with reliable streetcar operations. Three design scenarios were identified in the EA/DEIR to address the diagonal parking on 4th Street. Scenario A: Convert the diagonal parking along the south side of 4th Street, between Ross Street and French Street, to parallel parking and widen the sidewalk along the south side from 12 feet to 20 feet, and replace streetlights and landscaping. A total of 26 on- street parking spaces would be removed under this scenario. Scenario B: Remove the diagonal parking along the south side of 4th Street, between Ross Street and French Street, and widen the sidewalk along the south side from 12 feet to 28 feet, and replace streetlights and landscaping. A total of 77 on- street parking spaces would be removed under this scenario. Scenario C: Remove the diagonal parking along both sides of 4th Street, between Ross Street and French Street, widen the sidewalks along both sides from 12 feet to 28 feet, and replace streetlights and landscaping on both sides of the street. A total of 132 on- street parking spaces would be removed under this scenario. Findings for Fourth Street Parking Scenarios The City of Santa Ana finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible Fourth Street Parking Scenarios B and C identified in the EA/DEIR (CEQA Guidelines 15091(a)(3)). Although significant impacts were not identified for any of the parking alternatives, Fourth Street Parking Scenario A would remove the least amount of parking. For this reason, the City of Santa Ana rejects Fourth Street Parking Scenarios B and C in favor of Fourth Street Parking Scenario A. 35 January 2015 75A -45 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations Findings for Mitigation Measures Mitigation Measures for the proposed project have been identified in the Mitigation Monitoring and Reporting Program. None of the recommended measures that are within the City of Santa Ana jurisdiction have been rejected. To the extent that these findings conclude that various proposed Mitigation Measures outlined in the Mitigation Monitoring and Reporting Program are feasible and have not been modified, superseded or withdrawn, the City of Santa Ana hereby binds itself to implement or, as appropriate, require implementation of these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City of Santa Ana adopts a resolution approving the proposed project. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be identified among the selected alternatives. If the No Build Alternative is identified as the environmentally superior alternative, the identification of the next best environmentally superior alternative must be identified. As described in the EA/DEIR and the REA/FEIR, the No Build Alternative has been found to have the least amount of environmental impacts and is the environmentally superior alternative. Of the remaining alternatives, the TSM Alternative is the CEQA environmentally superior alternative because no impacts were identified in the EA /DEIR. However, the City hereby finds that the TSM alternative would not achieve the project's basic objectives and thereby rejects this alternative. 9. STATEMENT OF OVERRIDING CONSIDERATIONS The REA/FEIR has identified and discussed significant environmental effects that will occur as a result of implementation of the proposed project. With implementation of feasible mitigation measures, standard conditions, and /or BMPs, as discussed in the REA/FEIR, these effects can be mitigated to levels considered less than significant except for the significant impacts related to regional construction emissions and localized construction emissions, as described above in Section 6 of this document. Specifically, implementation of the proposed project would result in the following significant impacts even after imposition of all feasible mitigation measures, standard conditions, and /or BMPs and would require adoption of a Statement of Overriding Considerations: • Construction emissions associated with the proposed project would result in exceedance of the SCAQMD's NOx threshold for construction activities for the years 2012 and 2013 and, as such, would result in a significant regional air quality impact. Implementation of Mitigation Measure AQ1 would reduce NOx emissions, although emissions would still exceed the SCAQMD significance threshold. • Construction emissions of PM1e were found to exceed the SCAQMD's Localized Significance Thresholds and would, therefore, result in a local air quality impact to sensitive receptors in the vicinity of the O & M Facility. The proposed project is subjected to SCAQMD Rule 403 (Fugitive Dust), which requires that dust control measures (i.e., watering, offsite dirt trackout, and haul truck freeboard clearance) be applied to minimize the generation of fugitive dust during construction activities. Despite the application of these 36 January 2015 75A -46 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations dust control measures, PM10 emissions are still anticipated to exceed the SCAQMD's localized significance thresholds. No other feasible mitigation measures, standard conditions, or BMPs exist that would reduce this impact. In accordance with SCAQMD methodology, projects that would result in a significant impact for either regional or localized air pollutant emissions would contribute toward a cumulative impact. Cumulative projects within the Study Area and the surrounding area would include redevelopment of existing uses, as well as development of new commercial and residential uses. As the proposed project would result in a regionally and localized significant impact during construction for both NOx and PM1e emissions, it is anticipated that continued development (and associated construction activities) located predominately within the City of Santa Ana would also result in regional and localized air quality impacts. Therefore, the contribution of the proposed project to this air quality construction impact would be cumulatively considerable. No other feasible mitigation measures, standard conditions, or BMPs exist that would reduce this cumulatively considerable impact. In making this determination, the Lead Agency is guided by CEQA Guidelines Section 15093, which provides as follows: a. CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. 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. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to CEQA Section 15091. Having considered the unavoidable adverse significant impacts of the proposed project, the City Council hereby determines that all feasible mitigation measures have been adopted to minimize, substantially reduce, or avoid the significant impacts identified in the REA /FEIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City Council finds that economic, social, and other considerations of the proposed project outweigh the significant and unavoidable impacts described above, and adopts the following Statement of Overriding Considerations. In making this Finding, the City Council has balanced the benefits of the proposed project against its significant and unavoidable environmental impacts and has indicated its willingness to accept those impacts. 37 January 2015 75A -47 Santa Ana—Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations The following statements are in support of the City Council's action based on the REA/FEIR and /or other information in the record. The following project objectives identify the benefits of project implementation: • To improve transit connectivity within the Study Area; • To relieve congestion by providing alternative mobility options; • To be sensitive to the character of the community; • To increase transit options; • To improve transit accessibility to and within the Study Area; and • To provide benefits to the environment through improved air quality. The City Council finds the project objectives would include benefits to the City of Santa Ana. In addition to these project objectives, the following benefits constitute an overriding consideration warranting approval of the proposed project despite the significant and unavoidable environmental effects. The City Council finds that the project benefits derived from the project objectives identified above, as well as those listed below, are each individually and separately sufficient to outweigh all of the proposed project's significant and unavoidable impacts. • The proposed project would support local plans for transit - oriented development (TOD). The City of Santa Ana recognizes that land use, economic opportunity, and transportation planning go hand in hand. Over the last several years, the City of Santa Ana has implemented TOD in the area adjacent to SARTC. Santa Ana's Transit Zoning Code, which encompasses 450 acres within the Study Area, supports mixed -use development and provides a transit - supportive, pedestrian— oriented development framework to reduce vehicle trips and greenhouse gas emissions. • The proposed project would support economic vitality and foster redevelopment opportunities. The City of Santa Ana recognizes the importance of public investment in infrastructure as a catalyst for economic development. In the competitive Orange County marketplace, transportation infrastructure projects that improve access and mobility enhance the attractiveness of neighborhoods and provide a competitive edge for nearby businesses. Therefore, an important element of the City's integrated transportation -land use vision is the provision of transit service that is continuous and reliable, as well as a permanent and visible fixture for transit users and the community. Such service would improve visibility and access to existing economic activity centers and areas targeted for redevelopment. Connectivity to these key existing and future development areas is one of the most critical aspects of the SA -GG Fixed Guideway Project. In recent years, the City of Santa Ana has taken active steps to revitalize its downtown area to attract new businesses, customers, and visitors, utilizing a design scheme that fosters walkability and transit use. The Artist's Village and the East End Promenade in Downtown Santa Ana are prime examples of this effort. Moreover, the recent adoption of the Transit Zoning Code by the City of Santa Ana provides the policy foundation for redevelopment activities specifically targeted to the SA -GG Fixed Guideway Project. However, constrained access continues to be a challenge for the area. To the west, the City of Garden Grove continues to promote economic development along the Harbor Boulevard Corridor (International West). The proposed transportation investment is intended to support economic vitality and foster redevelopment opportunities within the 3$ January 2015 75A -48 Santa Ana — Garden Grove Fixed Guideway Project Findings and Facts in Support of Findings and Statement of Overriding Considerations Study Area by improving access and connectivity within the Study Area, and between the Study Area and the surrounding region. This, in turn, will improve visibility and enhance access to Study Area land uses, and promote business activity. It will strengthen existing development and foster new opportunities for mixed -use development and transit - supportive residential products, and regionally significant resort and entertainment venues in areas such as the Willowick Public Golf Course and the southern end of the Harbor Boulevard Corridor. • The proposed project would fulfill Santa Ana's overall vision for the Study Area, including a transit system that integrates seamlessly with the community and that is compatible with the established urban character. 39 75A -49 January 2015 75A -50 Attachment A Chapter 4.0 Mitigation Monitoring and Reporting Program PRC Section 21081.6 and Section 15097 of the CEQA Guidelines require adoption of a Mitigation Monitoring and Reporting Program (MMRP) for all projects for which an EIR has been prepared. This requirement was originally mandated by Assembly Bill (AB) 3180, which was enacted on January 1, 1989, to ensure the implementation of all mitigation measures adopted through the CEQA process. Specifically, PRC Section 21081.6 states that "...the agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment... [and that the program] ... shall be designed to ensure compliance during project implementation." AB 3180 provided general guidelines for implementing monitoring and reporting programs, which are enumerated in more detail in Section 15097 of the CEQA Guidelines. However, specific reporting and /or monitoring requirements to be enforced during project implementation shall be defined prior to final approval of the proposed project by the decision - maker. In response to established CEQA requirements, the proposed MMRP shall be submitted to the City of Santa Ana (lead agency) for consideration prior to completion of the environmental review process to enable the decision - makers appropriate response to the proposed project. Although the lead agency may delegate reporting or monitoring responsibilities to other agencies or entities, it '...remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program." The MMRP describes the procedures for the implementation of the mitigation measures to be adopted for the proposed project as identified in the EA/DEIR and REA /FEIR. The MMRP will be in place through all phases of the proposed project, including design (pre- construction), construction, and operation (post- construction both prior to and post- occupancy). The City of Santa Ana shall be responsible for administering the MMRP activities or delegating them to staff, other City departments (e.g., Department of Building and Safety and Department of Public Works), consultants, or contractors. The City of Santa Ana will also ensure that monitoring is documented through reports (as required) and that deficiencies are promptly corrected. The designated environmental monitor (e.g., City building inspector, project contractor, or certified professionals depending on the provision specified below) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Each mitigation measure is categorized by environmental topic and corresponding number, with identification of: • The enforcement agency • The monitoring agency • The monitoring phase (i.e., the phase during which the measure should be monitored); • The monitoring frequency • The action indicating compliance with the mitigation measure Santa Ana-Garden Grove Fixed Guideway Project REAjFEIR P a g ol234 January 2015 EXHIBIT 3 75A -51 All agencies and departments are in the City of Santa Ana, unless otherwise noted. Land Use and Zoning No mitigation measures related to land use and zoning are required. Land Acquisition and Displacement No mitigation measures related to land acquisition and displacement are required. Visual Quality No mitigation measures related to visual quality are required. Cultural Resources CR1 A qualified principal investigator who meets the Secretary of the Interior's professional qualification standards for an archeologist shall be responsible for managing Native American archaeological resources and human remains. The qualified principal investigator shall appoint an archaeological monitor to be present for ground- disturbing activities that could encounter undisturbed soils. If the qualified principal investigator determines that Native American archaeological resources and human remains are likely present, then both an archeological monitor and a Native American monitor identified by the principal investigator shall be present. The Native American monitor shall be a Native American identified by the applicable tribe and /or the Native American Heritage Commission. The timing and duration of the monitoring shall be determined by the principal investigator based on the sensitivity of exposed sediments. Prior to initiation of earth - disturbing activities that could encounter undisturbed soils; the archaeological monitor shall conduct a brief awareness training session for all construction workers and supervisory personnel. The training shall explain the importance of and legal basis for the protection of significant archaeological resources. Each worker shall learn the proper procedures to follow in the event that cultural resources or human remains /burials are uncovered. These procedures include work curtailment or redirection and the immediate contact of the site supervisor and the archaeological monitor. It is recommended that this worker education session include visual images of artifacts that might be found in the project vicinity, and that the session take place on -site immediately prior to the start of ground- disturbing activities. If archaeological resources or human remains are encountered during construction, all work shall cease in the area of potential affect until the find can be addressed. The Orange County Coroner's Office shall be contacted pursuant to procedures set forth in Public Resources Code Section 5097 et seq. and Health and Safety Code in Sections 7050.5, 7051, and 7054 with respect to treatment and removal, Native American involvement, burial treatment, and re- burial, if necessary. A fifty -foot buffer, or more if deemed appropriate by the principal investigator, shall be established and work outside the buffer may resume. Santa Ana Garden Grave Fixed Guideway Project REAIFEIR P a g ol 285 January 2015 75A -52 Areas that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non - disturbance to the City of Santa Ana through the appropriate construction plans, as -built drawings, or geotechnical studies prior to any earth - disturbing activities. Impacts to any significant resources shall be mitigated to a less- than - significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 form and filed with the SCCIC. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: Geology, Soils, and Seismicity City of Santa Ana Principal Investigator and Archaeological or Native American Monitor /SHPO Construction Ground breaking activities involving undisturbed soil Field Inspection /Monitoring and Maintenance of Log to Demonstrate Compliance No mitigation measures related to geology, soils, and seismicity are required. 1CFFkTrromlyiEii1 . M HAZ1 A Phase I Environmental Site Assessment shall be prepared for the following site should O &M Facility Site A be adopted as part of the proposed project: • Madison Materials located at 1035 East 4`h Street A Phase I Environmental Site Assessment shall be prepared for the following sites should O &M Facility Site B be adopted as part of the proposed project: • All Car Auto Parts located at 2002 West 5 "' Street • SA Recycling located at 2006 West 5`" Street • American Auto Wrecking located at 1908 West 51h Street A Phase I Environmental Site Assessment shall be prepared for the following sites should O &M Facility Site A be adopted as part of the proposed project: The assessment shall be prepared by a Registered Environmental Assessor. The assessment shall be prepared in accordance with State standards /guidelines to evaluate whether the site or the surrounding area is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation, and disposal of toxic and hazardous waste or materials. If hazardous materials are identified in the Phase I Environmental Site Assessment, a Phase II Environmental Site Assessment would be completed to identify the extent of contamination and the procedures for remediation. The Phase II Environmental Site Assessment shall be approved by the California Department of Toxic Substances Control. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -53 a g e1 236 Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Registered Environmental Assessor /Department of Toxic Substances Control Pre - Construction Once, prior to construction Site Investigation and Submittal of the Phase I and Phase II Environmental Site Assessments Traffic and Parking No mitigation measures related to traffic and parking are required. Noise and Vibration N1 The City of Santa Ana shall request a horn - sounding exemption from the California Public Utilities Commission for the crossing at 5th and Fairview Streets. The exemption shall provide justification and demonstrate that safety would not be compromised. In lieu of the warning horn, supplemental safety measures (e.g., four -quad gates, roadway median barriers on grade crossing approaches, and pedestrian gates) would be implemented. If a horn sounding exemption is approved and established, warning horns would not be sounded except under an emergency situation. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana City of Santa Ana /California Public Utilities Commission Design During design and prior to operation Agency request submission /Field Inspection N2 When practical, the contractor shall design special trackwork elements, such as turn- outs, switches, and cross -over to be located at least 600 feet away from sensitive receptors. If this cannot be achieved, then special switch devices, such as spring frogs or movable point frogs shall be utilized. A frog device is used where two rails cross. The frog is designed to ensure the wheel crosses the gap in the rail without "dropping" into the gap. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: Contractor /City of Santa Ana Monitoring Phase: Design Monitoring Frequency: Prior to Approval of Final Plans and Specifications Compliance Action: Field Verification of Installation of Trackwork N3 The contractor shall construct a noise barrier at the land uses identified as Noise Sensitive Areas 9 and 10. For receptors in Noise Sensitive Area 9, the noise barrier shall be at least 10 feet high and extend for 400 feet along the northern property edge of the proposed operations and maintenance facility. For receptors in Noise Sensitive Area 10, the noise barrier shall be at least 8 feet high and extend for 225 feet along the southern boundary of the PE ROW adjacent to 4`h Street. The design of the noise barriers shall be identified on project plans prior to issuance of building permits. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 237 January 2015 75A -54 Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: Air Quality City of Santa Ana Contractor /City of Santa Ana Planning and Building Department Design and Pre - operation Prior to permitting and prior to operation Design Review and Field Verification No mitigation measures related to air quality are required. Hydrology No mitigation measures related to hydrology are required. Safety and Security SAF1 Under Streetcar Alternatives 1 and 2 and the IDS Alternatives, the City of Santa Ana shall coordinate with the Santa Ana Unified School District and Santa Ana Police Department regarding safety at schools adjacent to the alignment. The collaborative effort between the City and interested parties shall develop and teach rail safety measures to students and parents. Other precautionary safety features shall include signs, gated crossing, and crossing and traffic signals to create a safe environment for parents and students during pick -up /drop -off times. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: City of Santa Ana /Santa Ana Police Department Monitoring Phase: Design and Pre - Operation Monitoring Frequency: On -going during Construction and Testing Compliance Action: Development of Safety Education Program and Instruction and Field Verification SAF2 The contractor shall install surveillance cameras along the pedestrian walking paths within the PE ROW and at pedestrian gates to adjacent neighborhoods. Police security personnel shall be responsible for surveillance camera monitoring. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana and Santa Ana Police Department Design and Pre - operation Prior to Operation Field Verification SAF3 The contractor shall install emergency call boxes along the pedestrian walking paths within the PE ROW. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: Contractor /City of Santa Ana Monitoring Phase: Design and Pre - operation Monitoring Frequency: Prior to operation Compliance Action: Field Verification Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g ol238 January 2015 75A -55 SAF4 The contractor shall design the lighting plan for the pedestrian walking paths within the PE ROW to eliminate shadows or dimly lit areas to the greatest extent feasible. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana Design Once prior to design approval Design Review and Field Verification SAF5 Within the PE ROW, the contractor shall fence the track area, and appropriate signage and audible and visual warning devices shall be installed at gate openings. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana Design and Pre - operation Prior to Operation Field Verification SAF6 If Mitigation Measures SAF2 through SAF4 are considered infeasible, then the Willowick Station shall not be made operational by the contractor until an appropriate public access point from the PE ROW is created as part of the Willowick Golf Course redevelopment. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana and Santa Ana Police Department Pre - operation Prior to Operation Field Verification Construction (Air Quality) AQ1 During the construction phase, the contractor shall use Tier 4 or higher off -road construction equipment with higher air pollutant emissions standards. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: Cumulative City of Santa Ana Contractor /SCAQMD Construction Monthly Field Verification and Maintenance of Log to Demonstrate Compliance No mitigation measures related to cumulative impacts are required. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -56 Paga1239 Revised Environmental Assessment/ Final Environmental Impact Report 75A -57 1 1 Page No. CHAPTER 1.0 INTRODUCTION ......................................................... ..............................1 1.1 Intended Use of the Revised EA /Final EIR .............. ..............................1 1.2 Summary of the Proposed Project ........................ ..............................2 1.3 Selection of a Locally Preferred Alternative ........... ..............................3 1.4 Noticing and Availability of EA/ DEIR ..................... ..............................3 1.5 Environmental Review Process ............................ ..............................3 CHAPTER 2.0 RESPONSES TO COMMENTS ...................................... ..............................5 2.1 Public Review ................................................... ..............................5 2.2 Summary of Comments ...................................... ..............................9 2.3 Comments and Responses ............................... ............................... 10 CHAPTER 3.0 CORRECTIONS AND ADDITIONS ............................... ............................228 CHAPTER 4.0 MITIGATION MONITORING AND REPORTING PROGRAM ............................234 Appendix A Environmental Assessment /Draft Environmental Impact Report Santa Ana - Garden Grove Fixed Guideway Project REAIEEIR January 2015 75A -58 Pageli This Revised Environmental Assessment /Final Environmental Impact Report (REA /FEIR) complies with both National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The federal and State environmental clearance for the Santa Ana - Garden Grove Fixed (SA -GG) Guideway Project (proposed project) was prepared in a joint NEPA and CEQA document. 1,1 Intended Use of the Revised EA/Final EIR This REA /FEIR was prepared at the direction and under the supervision of the City of Santa Ana (City) as the local lead agency. The Orange County Transportation Authority (OCTA) is a responsible agency under CEQA. The Federal Transit Administration (FTA) is the federal lead agency pursuant to NEPA. This REA /FEIR incorporates the Environmental Assessment /Draft Environmental Impact Report (EA /DEIR) by reference and includes a description of a subsequent change to the proposed project, which involves the identification of a Locally Preferred Alternative. In addition, the REA /FEIR includes comments and recommendations received in response to the EA /DEIR (either verbatim or in summary); a list of persons, organizations, and public agencies who commented on the EA /DEIR; responses to significant environmental points raised in those comments; and other relevant information added by the local lead agency. The intended use of this REA /FEIR by the City is to assist in making decisions regarding whether to adopt the proposed project, certify the FEIR, and file the Notice of Determination, which will complete the CEQA process. The intended use of this REA /FEIR by FTA is to update the proposed project and provide the necessary information to issue the Findings of No Significant Impact (FONSI) to complete the NEPA process. This REA /FEIR is comprised of four chapters: Chapter 1.0 Introduction. This chapter includes an overview of the proposed project, a summary of the alternatives considered, and a summary of the project's potential environmental impacts. Chapter 2.0 Responses to Comments. This chapter contains comments received by the City during the public review period and public hearings for the EA /DEIR and responses to each comment. Chapter 3.0 Corrections and Additions. This chapter provides the changes to the EA /DEIR in response to comments received during the public review period and public hearing process. Chapter 4.0 Mitigation Monitoring and Reporting Program. This chapter includes a list of the required mitigation measures and identifies the enforcement agency, monitoring agency, monitoring phase, monitoring frequency, and the action indicating compliance with each measure. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g ell January 2015 75A -59 1.2 Summary of the Proposed Project The SA -GG Fixed Guideway Project proposes to provide a new east -west transit line in Orange County between the Santa Ana Regional Transit Center (SARTC) in the City of Santa Ana and the Harbor Boulevard /Westminster Avenue intersection in the City of Garden Grove. The purpose of the SA -GG Fixed Guideway Project is to: • Improve Transit Connectivity within the Study Area; • Relieve Congestion by Providing Alternative Mobility Options; • Be Sensitive to the Character of the Community; • Increase Transit Options; • Improve Transit Accessibility to and within the Study Area; and • Provide Benefits to the Environment through Improved Air Quality. The alternatives addressed in the EA /DEIR consisted of a No Build Alternative and a Transportation System Management (TSM) Alternative, as well as four build alternatives; Streetcar Alternatives 1 and 2 and Initial Operating Segment (IOS) -1 and IOS -2, which are shorter versions of the full alignment. Streetcar Alternative 1, which is the Locally Preferred Alternative, will utilize the Pacific Electric Right -of -Way (PE ROW) through the western portion of the approximately four -mile alignment to reduce costs and impacts and to provide optimum accessibility. The eastern portion of the alignment will operate along Santa Ana Boulevard and 4 "' Street on the way to SARTC. The streetcar system will be electrically powered using an overhead contact system and a series of Traction Power Substations. The Locally Preferred Alternative includes 24 stations. Streetcar Alternative 2 would utilize the PE ROW through the western half of its alignment and primarily operate along Santa Ana Boulevard, Civic Center Drive, and 51" Street through the eastern half of the alignment to SARTC. The operational characteristics of this alternative are identical to Streetcar Alternative 1. The differences between the two streetcar alternatives are the alignment and the fact that Streetcar Alternative 2 would have one additional station for a total of 13. The No Build Alternative provides the basis for comparing future conditions resulting from other alternatives. This alternative includes conditions in the foreseeable future (through planning horizon year 2035) include projects that (1) have environmental analysis approved by an implementing agency and (2) have a funding source identified for implementation. The TSM Alternative enhances the mobility of existing transportation facilities and transit network without construction of major new transportation facilities or significant, costly physical capacity improvements. The TSM Alternative emphasizes low cost (i.e., small physical) improvements and operational efficiencies, such as focused traffic engineering actions, expanded bus service, and improved access to transit services. In response to funding and phasing issues raised by fiscal constraints identified during OCTA's long -range transportation planning process, IOSs were developed as alternatives, which are shorter segments of the Locally Preferred Alternative and Streetcar Alternative 2. Further details on these alternatives are provided on page 2 -1 of the EA /DEIR. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -60 Page12 1.3 Selection of a Locally Preferred Alternative Following receipt of public comments on the EA /DEIR and after the close of the public comment period, the City Council of the City of Santa Ana selected Streetcar Alternative 1 with Operations & Maintenance Facility Site B (west of Raitt Street) and 4`h Street Parking Scenario A (parallel parking) as the Locally Preferred Alternative for the SA -GG Fixed Guideway Project on August 5, 2014. The selection of the Locally Preferred Alternative was based on the evaluation criteria that were approved by the community during the public scoping process. These criteria included the consideration of accessibility and livability; economic development, transit supportive land use, and community goals; environmental responsibility; travel benefits, choice, and reliability; and cost effectiveness and financial feasibility. Streetcar Alternative 1 produced the highest ridership, and served the greatest number of transit dependent households. Compared to Streetcar Alternative 2, it required less right -of -way acquisition, had a lower capital cost to construct, and greater ease of constructability. The existing land uses along the Streetcar Alternative 1 alignment were highly transit supportive, and offered greater economic development potential for the future. The selection of this Locally Preferred Alternative constitutes the extent of change to the proposed project that has occurred since the circulation of the EA /DEIR. The selection of the Locally Preferred Alternative does not create a change in circumstances, generate changes to the previously identified alternatives, or alter the previous environmental evaluation and determinations which were identified in the EA /DEIR. 1.4 Noticing and Availability of EA/DEIR In compliance with NEPA regulations and CEQA Guidelines Sections 15085 and 15087, a Notice of Availability of the EA /DEIR was distributed, and the EA /DEIR was made available for public review for 45 days beginning May 23, 2014 to provide an opportunity for interested parties to comment on the EA /DEIR. There were three public hearing meetings, which were held on June 14, 17, and 19, 2014. During the review period, 17 written submissions were received on the EA /DEIR from public agencies, community groups, and individuals. These comments and the corresponding responses are presented in Chapter 2.0, Responses to Comments of this REA /FEIR. Meaningful public engagement was an important component of the SA -GG Fixed Guideway Project from the onset. Prior to making any key decisions on the proposed project, the City of Santa Ana initiated a public scoping process to define the appropriate range of issues to be addressed in the EA /DEIR. Four scoping meetings were conducted for the general public between June 8 and June 12, 2010. Two of these meetings were scheduled in the evening, one meeting was scheduled in the morning, and one meeting was scheduled on a Saturday afternoon, providing those community members who could not attend any of the weekday evening meetings with an opportunity to participate. Public comment opportunities were made available at each meeting. It should also be noted that articles and advertisements were published in a number of local newspapers, including several non - English publications. All information materials were presented in English, as well as Spanish. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g e13 January 2015 75A -61 The alternatives identified for evaluation in the EA /DEIR were based on public comments, as well as technical analyses, as detailed in the Alternative Analysis Report (under separate cover and available by request or on the City's website at http : / /santaanatransitvision.com. The alternatives analysis process included a comprehensive review of potential technology and alignment options. A wide range of public transit options were defined and investigated as candidate technologies. The initial alignment options were based on the need to establish an east -west transit corridor in the Study Area, and to improve the Study Area's regional transit connectivity by providing direct connections to existing and planned transit services (Metrolink and OCTA fixed route and Bus Rapid Transit [BRT] services) at SARTC and at the northeast corner of Harbor Boulevard and Westminster Avenue in the City of Garden Grove. A reasonable range of alternatives has been evaluated as part of the environmental process, beginning with a robust alternatives analysis and using a screening process to provide a limited range of alternatives in the EA /DEIR. The alternatives analysis is described in detail beginning on page 2 -29 of the EA /DEIR. Several alternatives, in addition to those previously discussed, including BRT routes along Santa Ana Boulevard and Civic Center Drive, were considered in the initial alternatives analysis but were ultimately screened out because they did not fully satisfy the purpose and need or project goals and objectives and were less cost effective in terms of both capital and operations and maintenance costs per rider than Streetcar Alternatives 1 and 2. Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be identified among the selected alternatives. If the No Build Alternative is identified as the environmentally superior alternative, the identification of the next best environmentally superior alternative must be identified. As described in the EA /DEIR and the REA /FEIR, the No Build Alternative has been found to have the least amount of environmental impacts and is the environmentally superior alternative. Of the remaining alternatives, the TSM Alternative is the CEQA environmentally superior alternative because no impacts were identified in the EA /DEIR. However, the City hereby finds that the TSM Alternative would not achieve the proposed project's basic objectives and thereby rejects this alternative. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g el A January 2015 75A -62 Chapter 2.0 Responses to Comments This chapter provides responses to all written and oral comments received on the EA /DEIR. Comments include issues raised by the public that warrant clarification or correction of certain statements in the EA/DEIR. 2.1 Public Review The EA /DEIR was circulated for a period of 45 days beginning on May 23, 2014. During the review period, 17 written submissions were received on the EA /DEIR from public agencies, groups and individuals. Between June 14 and June 19, 2014, the City also held three public meetings to present the conclusions of the EA /DEIR and receive comments from the public. Approximately 150 people attended the public meetings, and roughly 34 attendees gave verbal testimony at the meetings. Transcripts of the verbal testimony and responses to the environmental issues raised in their testimony are provided below. Table 2 -1 presents a list of all public agencies, organizations, and individuals who submitted written comments. Each comment letter has been assigned a number. TABLE 2-1: COMMENT LETTERS No. I Commenter Comment Topic M ERAL AGEFI 1 U.S. General Services Administration Supportfor Streetcar Alternative 1 Region 9 Portfolio Management Division Maureen Sheehan, NEPA Project Manager 400 15" St. S.W. Auburn, WA 98001 SLAT# AeExc r=s . 2 State of California Draft EIR Review Process Governor's Office of Planning and Research State Clearinghouse and Planning Unit Scott Morgan P.O. Box 3044 Sacramento, CA 95812 -3044 Re: Native American Heritage Commission 3 State of California Draft EIR Review Process Governor's Office of Planning and Research State Clearinghouse and Planning Unit Scott Morgan P.O. Box 3044 Sacramento, CA 95812 -3044 Re: California State Transportation Agency 4 Native American Heritage Commission Impacts to Archaeological Resources, Native Dave Singleton American Remains, and Sacred/ Historic Sites and 1550 Harbor Boulevard Mitigation Monitoring Plan West Sacramento, CA 95691 Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el5 January 2015 75A -63 TABLE 2-1: COMMENT LETTERS No. Commenter Comment Topic 5 State of California No comments provided. California State Transportation Agency Department of Transportation District 12 Maureen El Harake, Branch Chief, Regional- Community- Transit Planning 3347 Michelson Drive, Suite 100 Irvine, CA 92612 0 RGANIZJ1TIpNS - - 6 Orange County Draft EIR Review Process Clerk- Recorder's Office 12 Civic Center Plaza, Room 106 Santa Ana, CA 92702 7 Santa Ana Historical Preservation Society Historic Resources, ROW Acquisition, Support for Alan Lawson Streetcar Alternative 1 120 Civic Center Drive West Santa Ana, CA 92701 8 Santa Ana Community & Business Alliance (SAC -BA) Construction, Land Use, Growth, Community Madeleine Spencer Outreach and Noticing, Displacement, Purpose and 333 East 9" #303 Need, Cost, Safety, Equity /Environmental Justice, Santa Ana, CA 92701 General Opposition Commenters: Elia Fitz; Jose Olegario Perez; Maximo Navarro; David Manzo; Francisco Pro.; AclZria Hernandez; Teresa M. Julio; Alicia Meza; Erick Leyva; Gina Torres; Bienvenida Guzman; Susi Lopez 9 Santa Ana Business Council, Inc. (SABC) Impacts to Business on Fourth Street and 400 East 4", Suite 7 Opposition to Streetcar Alternative 1 Santa Ana, CA 92701 Commenters: Shahram Makhani; Laura Fabilla Diaz; Guillermina Madriles; Manuel Pena; Ceballos Fernando; Raul Alvarez; Tomas Valenzuela; Inhee Cha; Inhee Cha; Won Cha; Walter W. Cha 10 Commenters: Karla Cuevas; Art Samacruz; Villamar Construction, Land Use, Growth, Community Ortiz; Ashley Brown; Maria Anza; Miguel Angel; Maylin Outreach and Noticing, Displacement, Purpose and Mendoza; Hugo Martinez; Alvarez Regino; Maximiliano Need, Cost, Safety, Equity /Environmental Justice, Garcia; Alejandro Escobar; Lorene Ramirez; Cinthya Opposition to Streetcar Alternative 1 Perez; Lizzi Murtough; Katherine Anza; Geraldine Arellano; Clarissa Arellano; Aurora Sandivia; Petra Salgado; Maria Hernandez; Enrique R.; Yesenia Canova; Nathalie Canova; Evangeline Romero; Manuel Topete; Imelda Salgado; Jose Ochoa; Virginia Ochoa; David Inga; Patrick Douphy; Cesar Gonzalez; Francisco Salgado; Lesley Ramos; Sergio Diaz; Maria Salgado; Ciro Salgado; Adelfa Najera; Irma Lopez; Monse Perez Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g 016 January 2015 75A -64 TABLE 2-1: COMMENT LETTERS No. Commenter Comment Topic 11 Santa Ana Community & Business Alliance (SAC -BA) Construction, Land Use, Growth, Community Madeleine Spencer Outreach and Noticing, Displacement, Purpose and 333 East 9" #303 Need, Cost, Safety, Equity /Environmental Justice, Santa Ana, CA 92701 Opposition to Streetcar Alternative 1 Commenters: Ginette Sanchez; Cirilo Martinez; Andrew Ramos; Jose Llanos; Ismael Becerril; Isidro Acosta; Juan Sanchez; Crecencio Martinez; Raul Hernandez; Hanadi Roman; Jose Roman; Evander Aguirre; Cuahutemoc Sanchez; Araceli Kantu; Angela Garcia; Angela Mejia; Carmen Ortega; Maria Perez; Yolanda Aguirre; Consuelo Blanco; Edlyn Salazar; Mari Carmen Valencia; Javier Galvez; Edith Hernandez, Sergio Ortega; Teresa Andrade; Cristina Moreno; Praxedes Bernal; David Rey Resendiz; Jose Olivares; Leonardo Moreno Navarro; Oscar Hurtado; Juan Sacche; Hugo Rojas Hernandez; Jose Hernandez; America Najera; Marco Zeferino; Araceli Robles; Rigoberto Robles; Luis E. Robles; Apolonio Cortes; Nancy Mejia; Laura Pantoja; Edward Garza; Jeff Merrick; Pat Aliso; Cinthya Sanchez; Elva Navarrete; Yohana Rojas; Venancio Chavez; Angelica Flores; Arnold W; Luis Pantoja; Juan Carlos Macedo; Javier Roman; Jonathan Lizarraga; Gavino Mendez, Miguel Angel Macedo; Yanet Castaneda; Juan Vergara; Jose E. Vega; Abrahan Hernandez, Jorge Cabrera; Mario Martinez; Juanita Hernandez; Maria Guadalupe Diaz; Nohemi Gonzalez, Jose Elias Gonzalez; Isidora Espinoza; Felipe Chavez; Victor Guerrero; Crecencio Reyes; Angie Tapia; Francisca Trujillo; Rufno Tochihuitl; Teresa Mendez; Jaime Mendez; Estela Tejada; Victoria garcia; Moices Vasquez; Rosa E. Ubach; Maria Perez; Esperanza Ramirez; Adrian Brindis; Celene Ponce; Soledad Gomez 12 Santa Ana Business Council, Inc. (SABC) Opposition to Streetcar Alternative 1 400 East 41", Suite 7 Santa Ana, CA 92701 Commenters: Perla Veronica Alvarez; Elma Vazquez; George Hansen; Quan M. Tran; Guadalupe Macias; Martha Guillen; Jose M. Solorio; Maria Hernandez; Hector Ruiz; Paulino Fuentes; Palmira Astudillo; Susan Chan; Carlos Rodriguez; Patricia Munoz; Jose Rodriguez; Susan Ceballos; Daniel Estrada; Martha Sliva; Aden Rodriguez; Efren; Raymond Rangel; Acencion Trujillo; Laura Hernandez; Josefina Estrada; Gerardo Bahena; Edilberto Forero; Lupe Sandoval; Guadalupe Pantoja; Michael Kassira; Ricardo Cortez; Elvis Viera; I rma Aguilera; Mariano Mendoza; Jorge Vital; Sal Navarro; Arturo Lomeli; Tomas Valenzuela; Jaime Nungavay; Joseph G Elias; Ruth Gerardo; Mike Husain; Jeam Yeol Chon; Lee Gomez; Elia Castel /on; Aracely Calderon; Danica Marin; Alberto Otero; Hector Silva; Alicia Salcedo; Guillermo de la Pina; Abdul Amoudi; Nam Hye Yun; Marcela Prado Rodriguez; Marcela Rodriguez; Adan Hernandez; Ruben Puebla; Ruben Alvarez; Grace Yanez' Mary Larrea; Rosa Weber; Joe M. Lara; Silvia Huerta; Willer Cobeha; Fortunato Reyes; Teresa Saldivar; Nam Hye Yun; Sandra Cerpas; Shay Patmer; Lety Gomez; Herb Rose; Frank Chavez; Barbara Y Rooker; Maria Guerrero; Arturo Arellanes; Samuel Romero Santa Ana-Garden Grove fixed Guideway Project REAIFEIR P a g all January 2015 75A -65 TABLE 2-1: COMMENT LETTERS Commenter Comment Topic No. INUIVII7UALS ' 13 Dennis Dascanio Support for Streetcar Alternative I COMMENT CA:,RD' r 14 Jose Rodriquez Support for Streetcar Alternative 2 312 E. 4" Street, Suite A Santa Ana, CA 92701 15 Jose Diaz Public Notification of Design Changes 1502 W. 9" Street Santa Ana, CA 92703 16 Adrian Munoz Impacts to the community, including businesses, 407 Vance Street public facilities, churches, pedestrians, and disabled Santa Ana, CA 92701 17 Frank Mitchell, III. General Support for the Project and Further 1920 S. Greenville Street Extension of Alignment Santa Ana, CA 92704 PUBLIC HEARING MEETING 1 PH1 -1 — Madeleine Spencer PH1 -1 —Community Outreach and Noticing PH1 -2 — Madeleine Spencer PH1 -2 — Construction, Traffic, Ridership, Safety, Cost, Design PHI -3 — Madeleine Spencer PH1 -3 — Further Extension of Alignment, Ridership PH1 -4 — Madeleine Spencer PH14 — Improvements to the Bus System and Economic Growth PH1 -5 — Madeleine Spencer PH 1 -5 — Funds to Improve Safety PH1 -6 — Madeleine Spencer PH1 -6 — Economic Impact PH1 -7 — Madeleine Spencer PH1 -7 — Environmental Justice /Equity Analysis PH1 -8 — Unknown Speaker PH1 -8 — Community Outreach and Noticing PH1 -9 — Sean Pulich PHI -9 — Integration of the Proposed Project into the Existing Bus System PH1 -10 — Sean Pulich PH1 -10 — General Support for the Project, Development of More Retail along the Alignment, and Further Extension of the Alignment PH1 -11 —Ruby Cardenas PH1 -11 — Impact to Schools PH1 -12 — Ruby Cardenas PH1 -12 — Compatibility of the Proposed Project with Other Transit Systems P H 1 -13 — Ruby Cardenas P H 1 -13 — Alternatives Analysis PH1 -14 —Sean Pulich PH1 -14— Operations During Special Events PH1 -15 —Ruby Cardenas PH1 -15— Construction and Preference for Streetcar Alternative 2 PHI -16 — Ruby Cardenas PH 1 -16 — Alternatives Analysis PH1 -17 — Ruby Cardenas PH1 -17 — Design PH1 -18 — Raul Yanez PHI -18— Community Outreach and Noticing PH1 -19 — Raul Yanez PHI -19 — Support for Streetcar Alternative 2, Construction PH1- 20 —Tish Leon PHI -20— CEQA Process and Purpose of Public Review Period and Meetings PHI -21 — Sean Pulich PH1 -21 — Alternatives Analysis, Further Extension of Alignment PH1 -22 —Madeleine Spencer PH1 -22 — Community Outreach and Noticing, Construction Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g e1 6 January 2015 75A -66 TABLE 2-1 COMMENT LETTERS No. Commenter Comment Topic PH 1-23 — Madeleine Spencer PH1 -23 — Parking PH1 -24 — Madeleine Spencer PH1 -24 —Displacement, Environmental Justice /Equity, Neighborhood Impact PHI -25 —Sean Pulich PH 1 -25 — Ridership, Fare PHI -26 — Unknown Speaker PH 1 -26 — Construction Schedule PHI -27 — Ruby Cardenas PH 1 -27 — Transit Schedule 2 PH2 -1 — Peter Katz PH2 -1 — General Support PH2 -2 — Ruby Woo PH2 -2 — Design and Landscaping PH2 -3 — Unknown Speaker PH2 -3 — Construction Schedule PH2 -4 — Unknown Speaker PH2 -4 — Construction, Land Use 3 PH3 -1 — Unknown Speaker PH3 -1 — Impact of the Streetcar Alternative 2 Alignment PH3 -2 — Unknown Speaker PH3 -2 — Environmental Justice /Equity PH3 -3 —Wan Cha PH3 -3 — Construction Impacts to Historic Structures PH3 -4 —Wan Cha PH3 -4 — Ridership PH3 -5 — Aldolpho Lopez PH3 -5 — Land Use Development and Ridership PH3 -6 — Saul O'Campo PH3 -6 — Construction, Safety, Impacts to School Routes PH3 -7 — Raul Yanez PH3 -7 — Construction PH3 -8 — Madeleine Spencer PH3 -8 — Community Outreach and Noticing PH3 -9 — Unknown Speaker PH3 -9 — Parking PH3 -10 — Unknown Speaker PH3 -10 — Ridership PH3 -11 — Isabel Lopez PH3 -11 — Community Outreach and Noticing PH3 -12 — Unknown Speaker PH3 -12 — Preferred Alternative Selection PH3 -13 — Unknown Speaker PH3 -13 — Environmental Justice /Equity PH3 -14 — Unknown Speaker PH3 -14 — Safety PH3 -15 — Unknown Speaker PH3 -15 — Fares PH3 -16 — Unknown Speaker PH3 -16 — Funding PH3 -17 — Unknown Speaker PH3 -17 — Design PH3 -18 —Unknown Speaker PH3 -18 — Fiscal /Economic Impact PH3 -19 — Unknown Speaker PH3 -19 — Design PH3 -20 — Unknown Speaker PH3 -20 — Utilities PH3 -21 — Madeleine Spencer PH3 -21 — Funding PH3 -22 — Unknown Speaker PH3 -22 — Displacement 2.2 Summary of Comments Comments on the EA /DEIR were received from federal, State, and local agencies, as well as community groups and individual community members. The comment topics ranged from broad statements of support or opposition to specific questions on environmental areas of concern. The one federal agency to comment on the EA /DEIR was the U.S. General Services Administration, which expressed support for Streetcar Alternative 1. Four State agencies submitted comment letters related to the EA /DEIR. Three of the comment letters acknowledged that the EA/DEIR was received, and one comment letter was related to the preservation of cultural resources. Seven comment letters were received from local organizations, including the Santa Ana Historical Preservation Society, which raised concerns over effects to the Howe - Waffle House. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g el9 January 2015 75A -67 The Santa Ana Community & Business Alliance and the Santa Ana Business Council, Inc. submitted similar comment letters representing members of the community. The comment letters either included a list of people supporting the letter or individual form letters restating the concerns in the cover letters submitted by the business groups. In summary, the comment letters from the Santa Ana Community & Business Alliance and the Santa Ana Business Council, Inc., expressed opposition to the proposed project and listed concerns associated with community outreach and noticing, construction activity, environmental justice /equity, safety, displacement, land use and growth, purpose and need, and cost. One emailed comment was received from a community member and four comment cards were submitted by individuals at the three public meetings, at which the conclusions of the EA /DEIR were presented. These comments: (1) expressed general support for the proposed project, one comment expressed support for Streetcar Alternative 1; (2) expressed support for Streetcar Alternative 2; (3) asked how the public would be notified of design changes; and (4) expressed concern with various environmental topics discussed in the EA /DEIR, including community impacts. Questions were fielded by the project team and recorded by court reporters. Meeting transcripts are provided in this REA /FEIR, although names of the people who submitted comments were not noted in the transcripts. Each of the comments stated during the public meetings are addressed in this chapter. 2.3 Comments and Responses The comment letters and hearing transcripts reproduced in the following pages follow the same order of presentation and organization as described in Table 2-1. Santa Ana Garden Grave Fixed Guideway Project REAIFEIR P a g 0110 January 2015 75A -68 Comment Letter No. 1 From: Maureen Sheehan - 9P2PTC [mailto:maureen.sheehan(&, sa.¢ov] Sent: Monday, July 07, 2014 11:24 AM To: Gabriel, Jason Cc: Galvez, William E.; Cavazos, David; Cathy Higley (chiglevCa,cordobacorp.com) Subject: Re: FW: Santa Ana Transit Vision - Comment Period Extension Jason, Thank you for the phone call today. Like I said, we are anticipate sending you GSA and our Tenant Agency comments the week of 7/14. GSA's preferred alternative is Streetcar Alternative #1 where the streetcar runs on 4a` St. Streetcar Alternative #2 is highly undesirable to GSA and our Tenant Agencies from a security standpoint. Our comments next week will elaborate on this. Thank you for including GSA in your review, and look forward to working with you on this project. 75A -69 1 -1 Letter U.S. General Services Administration Region 9 Portfolio Management Division Maureen Sheehan, NEPA Project Manager 400 15" St. S.W. Auburn, WA 98001 Response 1 -1 The support for Streetcar Alternative 1 was forwarded to the decision makers for consideration. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 12 January 2015 75A -70 _.. _ Comment, Letter No. 2 . A. STATE OF ^ CAF PLANK/ ° Go ernor s Office of Planning CALIFORNIA in 5 and Research 1 q6 mt State Clearinghouse and Planning Unit �' "r�oFUrl"11 Edmund G. Brown ]r. Ken Alex Governor Director July 8, 2014 Jason Gabriel City of Santa Ana 20 Civic Center Plaza, M -36 P.O. Box 1988 Santa Ana, CA 92702 Subject: Santa Ana and Garden Grove Fixed Guideway Corridor SCI-1 #: 2010051060 Dear Jason Gabriel: The State Clearinghouse subruitted the above named Draft EIR to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on July 7, 2014, and the couunents,Egna the responding agency (ies) is (are) enclosed, If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten - digit State Clearinghouse number in future - correspondence so that we, may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that;, .. "A responsible or other public agency shall only make substantive comments regarding those.: activities involved in a project which are within an area of expertise of the agency or which are 2 -1 required to be carried out or approved by the agency. Those con'unents shall be supported by specific document:atioa" ,, These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed couunents, we reconunend that you contact the commenting agency directly. - This letter acknowledges that you have complied with the State Clearinghouse review mqunernents for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions regarding the envirolmieutal,review - process. - - Sinecrely, Scot organ y Director, State Clearinghouse Enclosures cc: 12.esddlfttb'9 a` , REET P.O. BO% 3044 SACRAMENTO, CALIFORNIA 96912 -9044 1''+'L(916)445,061.3 I'A%(OW)323 -3018 www.oprxa.gov 75A -71 _.._ __.Do.cLimo— nt_Detalls..Rep -ort State Clearinghouse data Base SCH# 2010051060 Project Title Santa Ana and Garden Grove Fixed Guideway Corridor Lead Agency Santa Ana, City of Type EIR Draft EIR Description The Santa Ana- Garden Grove Fixed Guideway Project proposes to provide a new east -avast transit line in Orange County between the Santa Ana Regional Transportation Center (SARTC) In the City of Santa Ana and the Harbor Boulevard /Westminster Avenue intersection in the City of Garden Grove Both streetcar alternatives would utilize the PE ROW through the western portion of the approximately four mile alignment. The streetcar systems would be electrically powered using an overhead contact system and a series of Traction Power Substations, Streetcar Alternative 1 would include 12 stations and Streetcar Alternative 2 would include 13 stations. Lead Agency Contact Name Jason Gabriel Agency City of Santa Ana Phone 714 647 5664 Fax ernall Address . 20 Civic Center Plaza, M -36 P.O. Box 1988 City Santa Ana State CA Zip 92702 Project. Location. County Orange City Santa Ana .. , Region Lat/Long 33045'9.1"N/117'52'20"W -Cross Streets Parcel No. Township Range Section . .Base Proximity to: Highways SR -22, 55; 57, 1 -5 Airports No Railways SA PE ROW, Metrolh,k . Waterways Santa Ana River Schools Numerous Land Use Transportation', Industrial, Commercial Project Issues Archaeologic Historic; AestheticlVisual; Air Quality; Other Issues; Noise; Traffic /Circulation; _ Wetland /Riparian; Water Quality; Toxic /Hazardous; Flood Plain /Flooding; Biological Resources; Dralnage /Absorption; Forest Land /Fire Hazard; Geologic /Seismic; Public Services; Recreation /Parks; Soil Erosion /Compaction /Grading; Vegetation; Water Supply; Growth Inducing; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Fish and Wildlife, Region 5; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources; Cal Fire; Caltrans, District 12; AirResources Board; Air Resources Board, Transportation Projects; Regional Water Quality Control Board, Region 8; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission Date Received 05/23/2014 Start of Review 05/2312014 75A -72 End of Review 07/07/2014 s NATIVE AMERICAN HERITAGE COMMISSION 1660 Harbor BovIevard, Suite 100 West Sacramento, CA 96691 1916) 3733716 ax (916) 372,5471 Web Site Ds nehcC�p.nol t -- e-maii: ds_naho ®pacbell.net Mr. Jason Gabriel May 30, 2014 City of Santa Ana Public Works Authority 20 Civic Center Plaza, MS 36; P.O. Box 1988 Santa Ana, CA 92701 Sent by U.S. Mail No. of Pages: 4 L4 JUN 0 n 2014 STATE CLEARING Hous6 RE: SCH #2010051060 CEQA Notice of Completion;; draft Environmental.lmpact Report (DEIR) for the "Santa Ana — Garden Grove Fixed Guideway Project ;" located in the Santa Ana and Garden Grove areas; Orange Q.ounty;, California Dear Mr. Gabriel: The Native American Heritage Commission (NAHC) has reviewed the above- referenced environmental document. The California Environmental Quality Act (CEQA) states that any project which includes archeological resources, is a significant effect requiring the preparation of an EIR (CEQA guidelines 15064.5(b).. To adequately comply.with this provision and mitigate project - related impacts on archaeological resources; the Commission recommends the following actions be required: Lead agencies should include in their mitigation plan provisions for the , identification and evaluation of accidentally discovered archeological resources; pursuant to California Environmental Quality Act (CEQA) §15064.5(f , In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground - disturbing activities. Also, California Public Resources Code Section 21083.2 require documentation and analysis of archaeological items that meet the standard in Section 15064.5 (a)(b)(f). If there is federal jurisdiction of this project due to funding or regulatory provisions; then the following may apply: the National Environmental Policy Act (NEPA 42 U.S.0 4321 - 43351) and Section 106 of the National Historic Preservation Act (16 U.S.0 470 et seq.) and 36 CFR Part 800.14(b) require consultation with culturally 75A -73 affiliated Native American tribes to determine if the proposed project may have an adverse impact on cultural resources We suggest that this (additional archaeological activity) be coordinated with the NAHC, if possible. The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. Any information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure pursuant to California Government Code Section 6254.10. A list of appropriate Native American Contacts for consultation concerning the project site has been provided and is attached to this letter to determine if the proposed active might impinge on any cultural resources. California Goverment Code Section 65040.12(e) defines "environmental justice" to provide ".fair treatment of People—with respect to the development, adoption; implementation, and enforcement of environmental laws, regulations and policies.' (The California Code is consistent with the �edsral Executive Order 12898 regarding 'environmental jusfe.' Also; applicable to state °agencies is Executive Order B- 10 -1-1 requires consultation with Native American tribes their elected officials and other representatives of tribal governments to. provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal -; communities. Lead agencies should consider first, avoidance for sacred and./or historical sites, pursuant to CEQA Guidelines 15370(a): Then if the project goes ahead then, lead agencies include in their mitigation and. monitoring plan provisions for- the analysis and disposition of recovered artifacts, pursuant to California Public Resources Code Section,21083.2 in consultation with culturally affiliated Native. Americans. Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan, Health and Safety Code §7050.5, CEQA §15064.5(e)., and Publio.Resources Code. §5097.98 mandates the process to be followed in the event of an accidental discovery of any human r sins in a location other.than a dedicated.cemete,ry:- Program CC: State Clearinghouse Attachment: Native American Contacts list 75A -74 Letter2 State of California — Governor's Office of Planning and Research State Clearinghouse and Planning Unit Scott Morgan P.O. Box 3044 Sacramento, CA 95812-3044 Response 2 -1 The comment is an acknowledgement that the City of Santa Ana has complied with the State Clearinghouse review requirements for draft environmental documents pursuant to CEQA. The comment letter also informs the City of Santa Ana that the EA /DEIR was submitted to relevant State agencies for review. This comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. The Native American Heritage Commission (NAHC) provided comments to the State Clearinghouse. A response to the NAHC comment letter is provided in Comment Letter 4. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g el 17 January 2015 75A -75 Dle� Edmund G. Brown Jr. Governor July 9, 2014 Comment Letter No. 3 STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit Jason Gabriel City of Santa Ana 20 Civic Center Plaza, M -36 P.O. Box 1985 Santa Ana, CA 92702 Subject: Santa Ana and Garden Grove Fixed Guideway Corridor SCH#: 2010051060 Dear Jason Gabriel: 'OF PLVNI s ^ . ��N�f �PraLIFOPa,M Ken Alex Director The enclosed comment (s) on your Draft EIR was (were) received by the State Clearinghouse after the end of the state review period, which closed on July 7, 2014. We are forwarding these conntrents.to you because they provide infonmation or raise issues that should be addressed in your final; environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions concerning the environmental review process. If you have a question regarding the above - named project, please refer to the ten -digit State Clearinghouse number (2010051060) whon contacting this office. Sincerely, Scott r6'rgan Director, State Clearinghouse Enclosures cc: Resources Agency 1400.TENTId STRLf;T P.O. $Ott 3044 SACRAML+'NTO, CALIFORNIA 05512 -3044 TEL(010)445-0613 7 5A16) 323 -501$ www.ope.ca.gov . 3 -1 I B JAIL UI Ult 1 Li U MU G. ORO DEPARTMENT G1FTRANSPORTATION L4-rG_ DISTRICT 12� 1 3347 MICHELSON DRIVE, SUITE 100 IRVINE, CA 92612.8894 PHONE (949)724.2086 Serious drought, FAX (949) 724.2592 Help save ivalerl TTY 711 www.dotca.gov June 20, 2014 Mr, Jason Gabriel City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA. 92701 Dear Mr. Gabriel: C WED JUL 0 9 2014 STATE CL.E'ARINC9 MOUSE File: lGR/CEQA SCH 4:2010051060 Log 9: 3850 1 -5 Thank you for the opportunity to review and comment on Draft Environmental Impact Report for the Santa Arna,Gar•den Grove Fixed Guideway Project. The SA-60 Fixed. Guideway Project is a transit improvement project being considered by the Cities of Santa Ana and Garden Grove in cooperation with OCTA and'FTA to improve mobility and provide other community enhancements. Working together, these agencies have prepared an environmental, review of the proposed transit improvements in the corridor, with FTA serving as the federal lead agency for the BA under NEPA and the City of Santa Ana serving as lead agency for the DEIR under CEQA. The SA -GG Fixed Guideway Study Area is located in central Orange County, California and directly accesses boththe Los Angeles -San Diego -San Luis Obispo (LOSSAN) rail corridor and the Pacific Electric right -of -way (PE ROW) rail corridor. Running predominantly man east -west direction, the corridor extends 4.2 miles through the City of Santa Ana and into the eastern portion of the City of Garden Grove. The Study Area is generally bounded by Harbor Boulevard to the west, l7th Street to the north, Grand Avenue to the east, and 1 st Street to the south. The eastern terminus of the alignment is the Santa Ana, Regional Transportation Center (SARTC) and the western terminus is the Harbor Boulevard/Westminster Avenue " intersection. The California .Department of Transportation provides for the needs of travelers of all ages and abilities in all planning, programming, design, construction, operations, and maintenance activities and products on the State highway system. The Department views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system. "Provide a safe, sustainable, le and "'(aryl iransparlalion system - [o enhance Calb i Ian a�7i(''Jflivability" 1 Mr. Jason Gabriel June 20, 2014 Page 2 The Department of T'rpnsportation (Department) is a commenting agency on this project and has no comment.at this time. However, in the event of any activity in the Department's right of way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questi,qus or need to contactus, please do not hesitate to call Aileen Kennedy at (949) 724 -223 9. Sincerely, ale-1 �11 MAUREEN EI, HARAKE Branch Chief, Regional. Community-Transit Planning District 12 c Majid Ghamami, Traffic Operations North Scott Morgan, Office of Planning and Research "Provide a safe, sustainable, integrated and efficient narecormllon Wiwi to enhance California's economy and livability" 75A -78 Letter 3 State of California — Governor's Office of Planning and Research State Clearinghouse and Planning Unit Scott Morgan P.O. Box 3044 Sacramento, CA 95812 -3044 Response 3 -1 The comment is an acknowledgement that the City of Santa Ana has complied with the State Clearinghouse review requirements for draft environmental documents pursuant to CEQA. The comment letter also informs the City of Santa Ana that the EA /DEIR was submitted to relevant State agencies for review. This comment letter is not directly related to the content or adequacy of the EA/DEIR, and no further response is necessary. The California Department of Transportation (Caltrans) provided comments to the State Clearinghouse. A response to the Caltrans comment letter is provided in Comment Letter 5. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 21 January 2015 75A -79 Comment Letter No. 4 STATE OF CALIFORNIA Edmuntl !3 Brown, y.. v� rarnor NATIVE AMERICAN HERITAGE COMMISSION 1650 Harbor Boulevard, Suite 100 West Sacramento, CA 96691 (916)373.3716 Fax (016) 373.0471 Web Site www.n hc.ca. ov 0s_nahc parsbell.net - e -mail: ds_nahc @paobell.net May 30, 2014 Mr. Jason Gabriel City of Santa Ana Public Works Authority 20 Civic Center Plaza, MS 36; P.O. Box 1988 Santa Ana, CA 92701 Sent by U,S. Mail No. of Pages: 4 RE: SCH #2010051060 CEQA Notice of Completion;; draft Environmental Impact Report (DEIR) for the "Santa Ana — Garden Grove Fixed Guideway Project," located in the Santa Ana and Garden Grove areas; Orange County, California Dear Mr. Gabriel: The Native American Heritage Commission (NAHC) has reviewed the above - referenced environmental document. The California Environmental Quality Act (CEQA) states that any project which includes archeological resources, is a significant effect requiring the preparation of an EIR (CEQA guidelines 15064.5(b).. To adequately comply wit[ this provision and mitigate project - related impacts on archaeological resources, the Commission recommends the following actions be required: Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, pursuant to California Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground - disturbing activities. Also, California Public Resources Code Section 21083.2 require documentation and analysis of archaeological Items that meet the standard in Section 15064.5 (a)(b)(f). 4 -1 If there is federal jurisdiction of this project due to funding or regulatry provisions; then the following may apply: the National Environmental Policy Act o (NEPA 4-2 42 U.B.0 4321 - 43351) and Section 106 of the National Historic Preservation Act (16 U.S.0 470 et seq.) and 36 CFR Part 800.14(b) require consultation with culturally 75A -80 affiliated Native American tribes to determine if the proposed project may have an 14 -2 adverse impact on cultural resources cont. We suggest that this (additional archaeological activity) be coordinated with the NAHC, if possible. The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. Any information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure pursuant to California Government Code Section 6254.10. A list of appropriate Native American Contacts for consultation concerning the project site has been provided and is attached to this letter to determine if the proposed active might impinge on any cultural resources. California Government Code Section 65040.12(e) defines "environmental justice' to provide "fair treatment of People... with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies," (The California Code is consistent with the Federal Executive Carder 12898 regarding 'environmental justice.' Also, applicable to state agencies is Executive Order B -10 -11 requires consultation with Native American tribes their elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities. Lead agencies should consider first, avoidance for sacred and/or historical sites, pursuant to CEQA Guidelines 15370(x). Then if the project goes ahead then, lead agencies include in their mitigation and monitoring plan provisions for the analysis and disposition of recovered artifacts, pursuant to California Public Resources Code Section 21083.2 in consultation with culturally affiliated Native Americans. 4 -3 Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e), and Public Resources Code §5097.98 mandates the process to be 4 -4 followed in the event of an accidental discovery of any human remains in a location other than a dedicated ceWProgram CC: State Clearinghouse Attachment: Native American Contacts list 75A -81 Native American Contacts Orange County California May $0, 2014 Juaneno Band of Mission Indians Aclachemen Nation David Belardes, Chairperson 32161 Avenida Los Amigos Juaneno San Juan Capistrang CA 92675 chiefdavidbelardes@ yahoo. (949) 493 -4933 - home (949) 293 -8522 Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Admin. Private Address Gabriellno Tongva tattniaw @gmail.com 310 -570 -6567 Juaneno Band of Mission Indians Aciachemen Notion Teresa Romero, Chairwoman 31411 -A La Matanza Street Juaneno San Juan Capistrang CA 92675.2674 (949) 488 -3484 (949) 488 -3294 - FAX (530) 354 -5876 - cell Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Tribal Chair /Cultural Resources P.O. Box 490 Gabrielino Tongva Bellflower CA 90707 gtongvaQverizon.net 562 - 761.6417 - voice 562 - 7616417 -fax Gabriel en / Tongv San Gabriel Band of Mission Juaneno Band of Mission Indians Anthony Morales, aChairperson Adolph 'Bud' Sepulveda, Vice Chairperson PO Box 693 Gabrielino Tongva P.O. Box 25828 Juaneno San Gabriel , CA 91778 Santa Ana , CA 92799 GTTribalcouncil@aol , com bssepul @yahoo.net (626) 286 -1232 - FAX (626) 286 -1758 - Home (626) 286.1262 -FAX Gabrieiino (Tongva Nation Sandonne Goad, Chairperson P.Q. Box 86908 Gabrielino Tongva Los Angeles , CA 90056 sgoad @gabrielino- tongva.com 951 - 845 -0443 This list Is current only as of the date of this document. 714838 -3270 714-914 -1812 - CELL bsepul@yahoo.net Gabriel !no-Tongva Tribe Bernie Acuna, Co- Chairperson P.O. Box 180 Gabrielino Bonsall , CA 92003 (619) 294 -6660 -work (310) 428 -5690 - cell (760) 636.0854 FAX bacunai @gabrielinotribe.org Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7060.6 of the Health and Safety Code, Section 6007.04 of the Public Resources Code and Section 6007.88 of the Public Resources Code, This list a only applicable for contacting locative Americans with regard to cultural resources for the proposed SCH #2010061000; CEOA Notice of Completion; draft IEnAeonmental Impact Report (DEIR) for the Santa Ana- Garderr Grown Guideway Project; located in Orange County, California. 75A -82 Juaneno Band of Mission Indians Aejaehemen Nation Joyce Perry, Representing Tribal Chairperson 4955 Pasec Segovia Juaneno Irvine , CA 92612 kaamalam @gmail.com 949- 293 -8522 Gabrielino- Tongva Tribe Linda Candelana, Co- Chairperson P,O. Sox 180 Gabrielino Bonsall I CA 92003 paimspringsg@yahoo.com 626 -676 -1184- cell (760) 636-0854 - FAX Gabrieleno Band of Mission Indians Andrew Sales, Chairperson P.O. Box 393 Gabrielino Covina I CA 91723 gabrielenoindians @yahoo. (626) 926 -4131 Gabrielino-Tongva Tribe Conrad Acuna, P.O. Box 180 Gabrielino Bonsall 1 CA 92003 760 - 636 -0854 - FAX This list Is current only as of the data of this document Native American Contacts Orange County California May 3% 2014 Gabrlellno /Tongva Nation Sam Dunlap, Cultural Resorces Director P.O. Box 86908 Gabrielino Tongva Los Angeles , CA 900e6 samdunlap@earthlink.net 909 - 262.9351 Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7850.5 of the Health and Safety Code, Section 0007.04 of the Public Resources Coda and Section 5087.88 of the public Resources Code. This list s only applicable for contacting locative Americans with regard to cultural resources for the proposed SCHJ12010051050; CSGA Notice of Completion; draft Environmental Impact Report (DEIR)'for the Santa Ana - Garden Grown Guideway Project; located In Orange County, California. 75A -83 Letter4 Native American Heritage Commission (NAHC) Dave Singleton 1550 Harbor Boulevard West Sacramento, CA 95691 Response 4 -1 The proposed project includes mitigation (Mitigation Measure CR1 on page ES -17 of the EA /DEIR) in coordination with the California State Historic Preservation Office to account for the possibility of accidentally discovered archaeological resources. Mitigation Measure CR1 states that: A qualified principal investigator who meets the Secretary of the Interior's professional qualification standards for an archeologist shall be responsible for managing Native American archaeological resources and human remains. The qualified principal investigator shall appoint an archaeological monitor to be present for ground- disturbing activities that could encounter undisturbed soils. If the qualified principal investigator determines that Native American archaeological resources and human remains are likely present, then both an archeological monitor and a Native American monitor identified by the principal investigator shall be present. The Native American monitor shall be a Native American identified by the applicable tribe and /or the Native American Heritage Commission. The timing and duration of the monitoring shall be determined by the principal investigator based on the sensitivity of exposed sediments. Prior to initiation of earth - disturbing activities that could encounter undisturbed soils; the archaeological monitor shall conduct a brief awareness training session for all construction workers and supervisory personnel. The training shall explain the importance of and legal basis for the protection of significant archaeological resources. Each worker shall learn the proper procedures to follow in the event that cultural resources or human remains /burials are uncovered. These procedures include work curtailment or redirection and the immediate contact of the site supervisor and the archaeological monitor. It is recommended that this worker education session include visual images of artifacts that might be found in the project vicinity, and that the session take place on -site immediately prior to the start of ground- disturbing activities. If archaeological resources or human remains are encountered during construction, all work shall cease in the area of potential effect until the find can be addressed. The Orange County Coroner's Office shall be contacted pursuant to procedures set forth in Public Resources Code Section 5097 at seq. and Health and Safety Code in Sections 7050.5, 7051, and 7054 with respect to treatment and removal, Native American involvement, burial treatment, and re- burial, if necessary. A fifty -foot buffer, or more if deemed appropriate by the principal investigator, shall be established and work outside the buffer may resume. Areas that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate to the City of Santa Ana that disturbance has occurred through the appropriate construction plans, as -built drawings, or geotechnical studies prior to any earth - disturbing activities. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 26 January 2015 75A -84 Impacts to any significant resources shall be mitigated to a less- than - significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 form and filed with the SCCIC. Response 4 -2 The proposed project includes federal involvement and, accordingly, the FTA, the lead agency under the NEPA, has conducted Native American consultation in compliance with NEPA, Section 106 of the National Historic Preservation Act (NHPA), and 36 Code of Federal Regulations (CFR) Part 8OO.14(b). Refer to the Cultural Resources Evaluation Report included as Appendix F of the EA /DEIR for detailed information related to the Native American Consultation Process. As stated on page 3 -93 of the EA /DEIR, the initial Native American consultation process began on July 7, 2010 when letters were sent to the 15 Native American individuals or organizations included on the list provided by the NAHC during the Notice of Preparation process. To date, no written responses have been received. In addition, phone calls to Native American contacts were made on September 29, 2011. Anita Espinosa, Juaneno Band of Mission Indians, commented on September 29, 2011 that the area is considered sacred lands and that she or another tribal representative should be informed if archaeological remains be found. The Juaneno Band of Mission Indians requests that Native American monitors be present during ground- disturbing activities. No additional responses have been received. Response 4 -3 See Responses 4 -1 and 4 -2. As discussed in Section 3.7.2.3 on page 3 -100 of the EA /DEIR, no archaeological resources were identified in the Area of Potential Effects (APE) as being eligible for listing in the National Register of Historic Places or California Register of Historical Resources. The construction and operation of the proposed project would not result in adverse effects on archaeological or historic properties. Therefore, impacts to sacred and historical sites have been avoided. Mitigation Measure CR1 on page ES -17 of the EA /DEIR requires that an appropriate Native American monitor be retained for ground- disturbing activities though coordination with NAHC upon the identification of Native American Archaeological resources by the principal investigator. The final report for ground disturbing activities containing the site forms, site significance, and mitigation measures will be submitted to the NAHC immediately upon completion. Response 4 -4 Mitigation Measure CRII on page ES -17 of the EA /DEIR contains provisions for the unanticipated discovery of human remains pursuant to the procedures set forth in Public Resources Code (PRC) Section 5097 et seq. and Health and Safety Code Sections 7050.5, 7051, and 7054 with respect to treatment and removal, Native American involvement, burial treatment, and re- burial. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g el 27 January 2015 75A -85 Comment Letter No. 5 5T61Fti OF CALIFORNIA-- CALIhORNIA STATII TRANSPORTATION AGL+NCY IIDMUNDG BROWN Jr Govarnoe DEPARTME NT OP TRANSPORTATION DISTRICT 12 3347 MICHELSON DRIVE, SUITE 100 IRVINE, CA 92612 -8 894 PHONE (949) 724.2056 FAX (949) 774 -2592 TTY 711 www.dot.ca.gov June 20, 2014 Mr. Jason Gabriel City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA. 92701 Dear Mr. Gabriel: Serious draught. Help save waterl File: IGR/CEQA SCH#: 2010051060 Log #: 3850 I -5 Thank you for the opportunity to review acid comment on Draft Environmental Impact Report for the Santa Ana - Garden Grove Fixed Guideway Project. The SA-GO Fixed Guideway Project is a transit improvement project being considered by the Cities of Santa Ana and Garden Grove in cooperation with OCTA and FTA to improve mobility and provide other community eliliancements. Working together, these agencies have prepared an environmental review of the proposed transit improvements in the corridor, with FTA serving as the federal lead agency for the EA under NEPA and the City of Santa Ana serving as lead agency for the DEIR under CEQA. The SA -GG Fixed Guideway Study Area is located in central Orange County, California and directly accesses both the Los Angeles -San Diego -San Luis Obispo (LOSSAN) rail corridor and the Pacific Electric right -of -way (PE ROW) rail corridor. Running predominantly in an east -west direction, the corridor extends 4.2 miles through the City of Santa Ana and into the eastern portion of the City of Garden Grove. The Study Area is generally bounded by Harbor Boulevard to the west, 17th Street to the north, Grand Avenue to the east, and 1 st Street to the south. The eastern terminus of the alignment is the Santa Ana Regional Transportation Center (SARTC) and the western terminus is the Harbor Boulevard /Westminster Avenue intersection. The California Department of Transportation provides for the needs of travelers of all ages and abilities in all planning, programming, design, construction, operations, and maintenance activities and products on the State highway system. The Department views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system. "Provide a safe, sustainable, integrated and e ictent transportallon system to enhance Ca4fornia's economy and livability " 75A -86 5 -1 Mr. Jason Gabriel June 20, 2014 Page 2 The Department of Transportation ( Department) is a commenting agency on this project and has no comment at this time. However, in the event of any activity in the Department's right of way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Aileen Kennedy at (949) 724 -2239. Sincerely, MAUREEN EL HARAKF. Branch Chief, Regional - Community- Transit Planning District 12 c: Majid Ghamami, Traffic Operations North Scott Morgan, Office of Planning and Research "Provide a sofa, sustainable, integrated and ,�fflcienl transportation system to enhance Cali%o nia's economy and livability" 75A -87 5 -1 cont. Letter 5 State of California — California State Transportation Agency Department of Transportation District 12 Maureen El Harake, Branch Chief, Regional- Community- Transit Planning 3347 Michelson Drive, Suite 100 Irvine, CA 92612 Response 5 -1 The comment is an acknowledgement that Caltrans is a commenting agency, but that it had no comment on the EA /DEIR. This comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g 0130 January 2015 75A -88 Comment Letter No. 6 Hugh Nguyen Clerk - Recorder ° Orange County Clerk- Recorder's Office 12 Civic Center Plaza, Room 106, P.O. Box 238, Santa Ana, CA 92702 web: www.oc.ca.gov /recorder/ PHONE (714) 834 -2500 FAX (714) 834 -5284 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M -20 ) P.O. BOX 1988 SANTA ANA, CA 92702 Office of the Orange County Clerk - Recorder Memorandum SUBJECT: NOTICE OF AVAILABILITY The attached notice was received, filed and a copy was posted on 05/22/2014 It remained posted for 30 (thirty) days. Hugh Nguyen Cleric - Recorder In and for the County of Orange By: RASHAD SALAAM Public Resource Code 21092.3 Deputy The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county * ** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 dam, unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hors of rec" Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted*** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. * ** Thereafter, the clerk shall return the notice to the local lead agency*** within a notation of the period it was posted, The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by * ** 75A -89 M Santa Ana Garden Grove Fixed Gnrdovvay ect U May 23, 2014 t �tL •irr J 33IH4;101FY. !!VW1111LO101-i 1*41 Project Description and Location: The Santa Ana - Garden Grove (SA -GG) Fixed Guideway Project proposes to provide a new east -west transit line in Orange County between the Santa Ana Regional Transportation Center (SARTC) in the City of Santa Ana and the Harbor Boulevard /Westminster Avenue intersection in the City of Garden Grove. The purpose of the SA -GG Fixed Guideway Project is to: POSTED • Improve Transit Connectivity within the Study Area; • Relieve Congestion by Providing Alternative Mobility Options; MAY 2 2 2414 • Be Sensitive to the Character of the Community; • Increase Transit Options; OppNeECDUNtYCL' REC0RDER1E1M1RiMENT • Improve Transit Accessibility to and within the Study Area; and DEPUTY • Provide Benefits to the Environment through Improved Air Quality. 8Y The build alternatives addressed in the Environmental Assessment /Draft Environmental Impact Report (EA /DEIR) consist of a Transportation Systems Management (TSM) /Bus Alternative, Streetcar Alternatives 1 and 2, and Initial Operating Segments for the Streetcar Alternatives (IOS) -1 and IOS -2. To reduce costs and impacts and to provide optimum accessibility, the streetcar and IOS alternatives would operate in mixed -flow traffic on city streets and in a dedicated "Streetcar only" guideway in the Pacific Electric Right -of -Way (PE ROW). The TSM /Bus Alternative would improve the local transit network without construction of major new transportation facilities. Enhancements would be achieved through low cost (i.e., small physical) improvements and operational efficiencies. Included within the TSM Alternative are modifications and enhancements to selected bus routes in the Study Area, including a new route between SARTC and Harbor Boulevard /Westminster Avenue; intersection /signal improvements; and bus stop amenity upgrades. Both streetcar alternatives would utilize the PE ROW through the western portion of the approximately four mile alignment. The eastern portion of the Streetcar Alternative 1 alignment would operate along Santa Ana Boulevard and 4" Street on the way to SARTC; the eastern portion of the Streetcar Alternative 2 alignment would operate along Civic Center Drive and 5" Street between Spurgeon and Flower Streets. In harmony with the City of Santa Ana's Complete Streets Program, Streetcar Alternative 2 will accommodate bicycle lanes along Civic Center Drive. The streetcar systems would be electrically powered using an overhead contact system and a series of Traction Power Substations. Streetcar Alternative 1 would include 12 stations and Streetcar Alternative 2 would include 13 stations. IOSs, which are shorter segments of Streetcar Alternatives 1 and 2, were developed in response to funding and phasing issues raised by fiscal constraints identified during the Orange County Transportation Authority's long - range transportation planning process. The intent of the IOSs is to identify starter segments that could be constructed and operated until funding is assembled to complete the projects. Both IOS -1 and IOS -2 terminate at the Raitt Street /Santa Ana Boulevard intersection, rather than the Harbor Boulevard/ Westminster Avenue intersection. Both IOS Alternatives include the same project features and design options as their respective full alignment build alternatives between Raitt Street and SARTC. Summary of Significant Environmental Impacts: The EA /DEIR was prepared by the City of Santa Ana as the local lead agency, and the Federal Transit Administration (FTA) as the federal lead agency, to satisfy the requirements of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The EA /DEIR examines the potential impacts that may result from implementation of the proposed alternatives and identifies 75A -90 mitigation measures. The proposed project would result in potentially significant impacts in four resource areas: hazardous materials; noise and vibration; safety and security; and construction air quality. Mitigation measures would eliminate the significant impacts associated with hazardous materials, noise and vibration, and safety /security. Significant construction air quality impacts under CEQA would remain after the implementation of mitigation; however, it should be noted that construction - related air quality Impacts would be temporary. In addition to mitigation measures, design features and best management practices have been incorporated into the proposed project. These include a Traffic Management Plan, a Noise and Vibration Control Plan, and a number of features to manage water quality. Availability of the EAIDEIR Documents: The EA /DEIR for this project may be reviewed online at www.santaanatransitvision.com /fixed .nuidewav proiect.htrnl. A hardcopy may be reviewed at the following locations: Location_ Address Santa Ana City Hall Public Works Counter 20 Civic Center Plaza, Ross Annex, Santa Ana, CA 92701 Santa Ana City Hall City Clerk's Office 20 Civic Center Plaza, Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92701 Sal ado Center, Rosita Park 706 N. Newho a St., Santa Ana, CA, 92703 Santa Ana Train Station 1000 E. Santa Ana Boulevard, Santa Ana, CA 92701 Garden Grove C(ty Hall Public Engineering Counter 11 11 Floor). 11222 Acacia Parkway, Garden Grove, CA 92842 Orange County Transportation Authority (OCTA) 600 S. Main Street Orange, CA 92868 Review Period: The comment period on this EA /DEIR will be 45 days beginning May 23, 2014. Comments that will be addressed and included in the EA /Final EIR must be submitted in writing to one of the following addresses on or before the end of the public comment period or submitted at the public hearings described below. Comments cannot be accepted by phone. Mail: Mr. Jason Gabriel City of Santa Ana, Public Works Agency 20 Civic Center Plaza, M -36 P.Q. Box 1988 Santa Ana, CA 92701 Emall: fixedguidewaycomments @santa- ana.org Fax': (714) 647 -5635 Online: http:// www. santaanatransitvision .com/contact_form.htm! POSTED E MAY 2 2 2014 ORNt13E COUNTY C E K•RECOaDER DEPARTMENT BY: DEPUTY Written comments should be submitted no later than 5:00 PM on Monday, July 7, 2014 Public Hearing Schedule: The City of Santa Ana will also accept comments on the EA /DEIR at the following dates, times, and locations (please note that there will be a time limit per commenter): Date Time Location Saturday, June 14, 2014 9:00 a.m. to 12:00 p "m Garfield Community Center, 501 N. Lacy, Santa Ana CA 92701 _ Tuesday, June 17, 2014 9:00 a.m. to 12:00 p.m. _ Santa Ana Police Department Community Room, 60 Civic Center Plaza, Santa Ana, CA 92701 Thursday, June 19, 2014 6:00 p.m. to 9:00 p.m. Goodwill Industries, 412 N. Fairview Street, Santa Ana, CA 92701 75A -91 ADA and Language Accommodation: Interpreters will be provided for Spanish and Vietnamese. If you require an interpreter in another language, including sign language, or other accommodations at these public hearings, please contact the City of Santa Ana five days prior to the hearing at (714) 647 -5013. For more information, please visit the project website at www.santaanatransitvision.com / fixed_guideway_ project.htmi. i MAY 2 2 2014 ORANGE COUNTY CLERK-RECORDER DEPARTMENT OA . � DEPUTY 75A -92 Letter 6 Orange County Clerk- Recorder's Office 12 Civic Center Plaza, Room 106 Santa Ana, CA 92702 Response 6 -1 The comment is an acknowledgement that the Notice of Availability of the EA /DEIR has been received, filed, and posted for 30 days in compliance with the noticing and filing requirements of Sections 21080.4 and 21092 of the PRC. This comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grave Fixed Guideway Project REAIFEIR January 2015 75A -93 Page135 Comment Letter No. 7 Santa Ana Historical Preservation Society Dr.'Willelia Howe -Waffle House & Medical Musetun 120 Civic Center Drive West, FN Sand Ana, CA 92701 -7505 R Legacy of Pnsert afiae Since f9T4 (714) 547 -9645 ° www SantaAnalristory.com July 7, 2014 Mr. William Galvez, Interim Executive Director City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Subject: Comments on the Environmental Assessment/ Draft Environmental Impact Report for the Santa Ana and Garden Grove Fixed Guideway Project Dear Mr. Galvez: The Santa Ana Historical Preservation Society (SAHPS) would like to thank you for the opportunity to comment on the above - referenced document. Our comments on the 7.1 "Environmental Assessment /Draft Environmental impact Report for the Santa Ana and Garden Grove Fixed Guideway Project" follow. SAHPS operates the Dr. Willella Howe -Waffle House and Medical Museum at 120 Civic Center Drive West in Downtown Santa Ana. The 125 year old Queen Anne style Victorian also serves as the headquarters for SAHPS. in reviewing the subject environmental document, we found a few errors regarding the Howe -Waffle House. In Table 3.4 -1 on page 3 -33 ( "Section 4 (F) Resources "), the address of the Howe - Waffle House and Carriage Barn is incorrectly listed in Item #15. The address should be changed to 120 Civic Center Drive West. In Table 3.7 -1 on page 3 -95, the address for the Howe Waffle House is also listed incorrectly in Item #33, as "120 East Civic Center Drive." Also, in the "French Park" section on page 3 -42 the document describes the Howe -Waffle House as being in French Park. This is not correct. We suggest that discussion of the Howe Waffle House be moved to the "Downtown Santa Ana" section on page 3 -44. 75A -94 7 -2 SAHPS is assuming that, despite the location of the Howe - Waffle House being incorrect in the instances cited above, there would be no acquisition of the existing property at 120 Civic Center 7 -3 Drive West. Is this assumption correct? A second major concern for SAHPS Is the proposed work within the right -of -way for Streetcar Alternative 2. Figure 2 -5 on page 2 -12 ( "Civic Center Drive Bike Lane ") illustrates a section of Civic Center Drive showing the existing traffic lanes and sidewalk dimensions compared with the proposed dimensions adding the streetcar, its platform and bike lanes. Since it is not described, we're not sure where Figure 2 -5 is located. We know it is not a typical section for the stretch of West Civic Center Drive between Main on the east and Sycamore on the west. In that section, the existing public sidewalk on the south side of Civic Center Drive between Main and Sycamore Streets is 8'0' wide. The width of the existing sidewalk on the south side of Civic Center Drive as shown in Figure 2 -5 is 12'0 ". Without further clarification we cannot be certain how the existing right -of -way for the Howe -Waffle House will be affected by Streetcar Alternative 2. 7 -4 Also, on page ES -7 of the Executive Summary, the document states, "Streetcar Alternative 2 would require additional right -of -way to accommodate the bicycle lane." Again, it is unciear 7-5 where acquisition of this additional right -of -way would occur. SAHPS is very concerned about how improvements in the right -of -way to accommodate the streetcar alignment and bike lanes would affect the Howe -Waffle House at 120 Civic Center Drive West, and if the acquisition of additional right -of -way would be necessary. Accordingly, 7 -5 SAHPS cannot support Streetcar Alternative 2 without this clarification. In conclusion, SAHPS supports Streetcar Alternative 1 as proposed. We believe it will promote I more visitors to Downtown Santa Ana and reduce current vehicle and parking demands on the 7-7 existing street system. SAHPS appreciates the opportunity to comment on the subject environmental document. If any of our comments require clarification, please do not hesitate to contact me at 714/ 550 -9369 or 17-8 via email at miramarl274 @att.net. Sincerely, Alan Lawson Associate Director, SAHPS [SAHPS fixed guideway comments] cc: Alison Young, President, SAHPS Roberta Deed, Treasurer, SAHPS 75A -95 Letter Santa Ana Historical Preservation Society Alan Lawson 120 Civic Center Drive West Santa Ana, CA 92701 Response 7 -1 The comment is an acknowledgement that the EA /DEIR has been reviewed by the Santa Ana Historical Preservation Society (SAHPS). This comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Response 7 -2 Details regarding the location of the Howe - Waffle House have been corrected and identified in the Chapter 3.0, Corrections and Additions. The correct address is 120 Civic Center Drive West. This has been corrected in Table 3.4 -1 on page 3 -33 of the EA /DEIR and Table 3.7 -1 on page 3 -94 of the EA /DEIR. In addition, the discussion of the Howe - Waffle House has been moved from the French Park discussion on page 3 -42 of the EA /DEIR to Downtown Santa Ana discussion on page 3 -44 of the EA /DEIR. Response 7 -3 The commenter is correct in that no acquisition of the existing property located at 120 Civic Center Drive West would be required for the proposed project. Response 7 -4 Figure 2 -5 on page 2 -12 of the EA /DEIR has been relabeled to show Civic Center Drive West from Flower to Parton Streets. The section of Streetcar Alternative 2 and IOS -2 in front of the Howe - Waffle House can be viewed in Appendix 0, Section A, on Drawing No. TR -26 (page 79). As shown in this drawing, the sidewalk width in front of the Howe - Waffle House would remain at 8 feet. Along Civic Center Drive West, the proposed alignment would be located on the north side of the street as it travels west and the only acquisitions, as shown in Figure 3.3 -4 on page 3 -22 of the EA /DEIR and Table 3.3 -5 on page 3 -23 of the EA /DEIR, would occur on the north side of the street. The right -of -way in front of the Howe - Waffle House, on the southern side of Civic Center Drive West, would remain unchanged with Streetcar Alternative 2 and IOS -2. The proposed project and IOS -1 would travel along 5`" Street to the south and not along Civic Center Drive West. Response 7 -5 The text on page ES -7 of the EA /DEIR has been revised to clarify that the additional right -of -way required for the bike lane proposed under Streetcar Alternative 2 would be located on the north side of Civic Center Drive West. No acquisition of the Howe - Waffle House, which is on the south side of the street, would be required. In addition, the right -of -way required for the bike lane is in order to separate the bike lane from the streetcar station platform areas which would be located on the east side of Broadway and Main Streets. Both locations are located more than Santa Ana•Garden Grove Fixed Guideway Project REAIFEIR P a g el 38 January 2015 75A -96 200 feet from the Howe - Waffle House. The acquisition is shown in Figure 3.3 -4 on page 3 -22 of the EA /DEIR and would involve a full take (18,719 square feet) of the property at the northeast corner of Main Street and Civic Center Drive West (Burger King) and a partial take (730 square feet) of the property at the northeast corner of Broadway Street and Civic Center Drive West (St. Joseph's workshop). Response 7 -6 The right -of -way in front of the Howe - Waffle House, on the southern side of Civic Center Drive West, would remain unchanged with Streetcar Alternative 2 and IOS -2. The proposed project and IOS -1 would travel along 5th Street to the south and not along Civic Center Drive West. See Responses 7 -4 and 7 -5 for additional information in response to this comment. Response 7 -7 The support for Streetcar Alternative 1 was forwarded to the decision makers for consideration. Response 7 -8 The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -97 Payol39 July 7, 2014 _.7 n!;t 9 n is r „•l SANTA ANA 'A.OMMUNITY & BUSINESS ALLIANCE Comment Letter No. 8 Mndeleine Spencer 333 Gast 916 it 303 Santa Ana, CA 92701 714 -815 -2653 spenel 111(ii;;mail.chapman.edu City Manager David Cavazos, City Attorney Sonia Carvalhe, Mayor Pulido, Council Members & City Staff, SUBJECT: STATEMENT OF OPPOSITION TO SANTA ANA'S FIXED GUIDEWAY (STREETCAR) PROJECT CONNECTING TO GARDEN GROVE Dear City of Santa Ana, Over the next several years, construction of a fixed guideway project on Pourfll Street will cause a contraction in spending in the corridor which over the course of the 8 -1 construction will result in a cumulative decline in aggregate demand for the products currently sold by merchants on this street. This will severely test businesses in a time when the economy has already severely slowed. The fact that the city has proposed this as their "preferred route” raises many questions as to whether this proposed plan is in fact a marker of sorting, and has re- reminded business owners on Fourth Street of the many previous attempts that have been made by the city since 1985 to agitate long standing businesses along this street. This process of agitation began with the marked failure to redevelop the area originally larown as the Fiesta Marketplace, this was first proposed in official records 85- 432141. Redevelopment procedures for Fourth Street which would harm business owners 8 -2 re- emerged in the "Renaissance Plan," which resulted in a series of policies of unequal and differential investment of public and private resources on this street beginning with the "Fourth Street Fagade Program" and in the 2008 establishment of "CID" or the Community Improvement District for the same area which without the knowledge of a majority of the business owners was conspired to only benefit a few businesses along the corridor who profited from the tripled property tax assessments by way of what was referred to as "Property Based Improvement Districts" or PBIDs which was found illegal by the Grand Jury in accordance with the California Penal Code 993 and 993:1 The £act that now in June of 2014 the city has sought again to pursue a fixed guideway (streetcar $ 3 75A -98 project) though 4th street having again only informed "a few individual businesses" as was stated by City Manager David Cavazos in the first EIR proceeding on June 14, 2014 where only two business owners, out of 10 other residents who were in attendance, had attended. After inquiring further along the Fourth Street Corridor as to who had been. informed it was found that a majority of the businesses along the corridor were uniformed about the upcoming project. This is disturbing because the businesses know that the city has no problem of communicating with business owners when they have a code violation, as only months before many of the businesses along the fourth street corridor were unsuspectingly ticketed for code violations during the Cisco de Mayo Event. This showing that the city has every ability to inform businesses of violations yet seem to have little ability to inform them of processes that may well affect their livelihood for years to come. It is felt by many that this guideway running down Fourth Street in fact constitutes not only a disenfranchisement but also a disservice to much of the Merchant constituency along this street. Another concern is with regard to the Santa Anita Neighborhood directly behind the Willowick Golf Course. There are already visible signs of displacement occurring in I this neighborhood and there are concerns about how the this guideway project will further affect the prospect of displacement of the residents in this neighborhood: For all of the above stated reason as well as the following reasons 1.) Lack of inclusion in the planning process, 2.) Questionable objectives for specified project, ', sorting 3.) Project costs 4.) Disruptive construction, vacant properties, displacement, and 5.) Public safety issues, this statement of opposition not only opposes this project route but also request an Equity Assessment be. done to mitigate further affects in the rest of the city in relation to of unequal investment, borders, invisibilization, spatial hgmogencity, exclusion from governance, serial displacement and social disintegration, all the injuries that would be caused by further sorting in the city of Santa Ana. The requirement fora transport equity analysis was initiated by U.S. Executive Order 12898 (1994) codified a renewed concern about the effects of the government's activities on minority and low- income populations. Sincerely, Madeleine Spencer President Emmanuel Ceballos Vice President 75A -99 8 -3 cont. 8 -4 M tri Rt " ;;�� q iqii DECLARO MI OPOSICION A LA "OPCION PREFERENCIAL" ¢ L TRFN-ELOT9 7QUE LA CIUDAD DE SANTA ANA TIENE PROYECTADO PARA CONECTAR FOR ESTA VIA CON GARDEN GROVE F, ,..r.�i...., NAME ADDRESS Telehone 1 Elia Fitz 1910 N. Spurgeon st # 20Santa Ana CA 92701 2 Jose Olegario Perez 1239 Magnolia sve Santa Ana CA 92707 3 Maximo Navarro 1239 Magnolia sve Santa Ana CA 92707 4 David Manzo 2803 W. Warner # B Santa Ana CA 92707 5 Francisco Pro. 417 E. Pine st Santa Ana CA 92701 6 Adriana Hernandez 3632 S Main st Santa Ana CA 7 Teresa M. Julio 8202 19th st Westminster CA 92683 8 Alicia Meza 100W Midway spc 213 Anaheim, CA 92805 9 Erick Leyva 3328 W. Camille st Santa Ana CA 92701 10 Gina Torres 112 E. Edinger Santa Ana CA 92707 11 Bienvenida Guzman 4117 W. Mc. Fadden ave 12 Sus! Lopez 2701 W. st Andrew PI Santa Ana CA 92704 75A -100 714 -605 -8900 714- 561 -4238 714 -727 -4427 714 - 376 -7925 714 -631 -1792 714- 552 -5260 714 -605 -1833 714 -B09 -6282 714 - 824 -2921 714- 605 -1358 714 - 805 -4757 up c O 00 U °3 O w I p E c gg y' rn p C 'p� � AP'Ai R •ry9y '.cgs �X 4 M EO C V" y bpp0 � d y� O V Q `1 A p' 'r O �O a W r�i r•(: V � N v% N Q N N f'� vii 7 V�{ 9 y4 O^ ^ N e� V G � •1• M M C N pG Y1i r VJ � (� ti N Id � N� r a � gp r � A 2• V U a � fin O F J F ti y� V � C � O OD U E 1'�� Cp A ... 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Z:7 o- 0 < 75A -106 it (1 0 cr 87- X Fl Q Z HA ZQ u 0 rf Fj r.'2 LJ r! 02 2:2:2 El, Wx 0 10 w Q u 7 75A -107 Letter 8 Santa Ana Community & Business Alliance (SAC -BA) Madeleine Spencer 333 East 9`h #303 Santa Ana, CA 92701 Response 8 -1 Construction details and associated impacts are discussed on page 3 -197 of the EA /DEIR. Construction of the proposed project would have temporary impacts on vehicle and pedestrian access and require minimal pavement cuts. These temporary construction related adjustments would allow businesses in the area to continue to serve customers with minimized disruption. It is not anticipated that any businesses within the Study Area outside of the project footprint would have to temporarily or permanently cease operations due to construction activity. The overall duration of construction activities is anticipated to be 30 months; however, the duration of concentrated construction activities would be no more than six months at one location along the alignment. In addition, noncontiguous segments can be constructed at the same time. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating work at night and on weekends. The long -term benefits for the businesses within the Study Area include greater pedestrian and transit access for employees and customers alike. Response 8 -2 With regards to the Renaissance Plan, Fourth Street Facade Program, Community Improvement District (CID), and Property Based Improvement District (PBID), the proposed project would only involve the construction of a streetcar along the proposed alignment. None of the alternatives for this project include redevelopment or propose the establishment of a CID or PBID. The purpose of the SA -GG Fixed Guideway Project is to: • Improve Transit Connectivity within the Study Area; • Relieve Congestion by Providing Alternative Mobility Options; • Be Sensitive to the Character of the Community; • Increase Transit Options; • Improve Transit Accessibility to and within the Study Area; and • Provide Benefits to the Environment through Improved Air Quality. Section 2.9 on page 2 -29 of the EA /DEIR describes the selection and evaluation of alternatives for the project. The alternatives analysis process consisted of four major steps: (1) Preliminary Definition of Alternatives, which included creating a range of conceptual alternatives that could potentially satisfy the Purpose and Need and meet the goals and objectives for the project; (2A) Initial Screening (Route Options) to eliminate route options with fatal flaws and those that do not satisfy the Purpose and Need and meet the goals and objectives of the project; (213) Initial Screening (Technology Options) to eliminate technology options with fatal flaws and those that do not satisfy the Purpose and Need and meet the goals and objectives of the project and Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a cJ 0150 January 2015 75A -108 determine the reduced set of alternatives to be carried forward for detailed analysis; and (3) Detailed Evaluation and Environmental Impact Analysis of the reduced set of alternatives and selection of the Locally Preferred Alternative. The EA /DEIR provided the City with a comparison of environmental impacts between the alternatives. The routes for the alternative alignments were based on ridership, engineering constraints, and environmental factors. The potential disruption to businesses is discussed on page 3 -197 of the EA /DEIR. The most disruptive construction activities would be limited to a 24 -month period; however, these activities would be sequenced by segment so that any one segment would experience disruption for a portion (no more than six months) of the construction duration. As stated on page 3 -202 of the EA/DEIR, access to businesses would be maintained during business operating hours. In addition, the second sentence in the second to last paragraph on page 3 -202 of the EA /DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating nighttime or weekend work. In addition, the Downtown portion of the alignment would be constructed at the beginning of the construction process to limit impacts to businesses. Response 8 -3 Section 2.9 on page 2 -29 of the EA /DEIR describes the public outreach for the development of alternatives, scoping, and circulation of the EA /DEIR. Section 3.5 on page 3 -61 of the EA /DEIR discusses additional public outreach in relation to targeting environmental justice (EJ) populations. Beginning in 2008 and continuing throughout project development to March 2014, in preparation for the public review of the EA /DEIR, the City of Santa Ana conducted outreach to the Downtown businesses. The City's multi - lingual outreach team conducted door -to -door visits to approximately 230 businesses in the Downtown area, including approximately 156 businesses along 4 1 Street. The purpose of the outreach was to share key information with Downtown business and property owners about the SA -GG Fixed Guideway Project, inform them about the upcoming release of the EA/DEIR, document questions and input, and provide business owners with appropriate contact information for additional follow -up. A "Sorry We Missed You" letter and information packet was also prepared and left behind for business owners who were not available during the initial visit. The letter offered a briefing with the outreach team to review the project information packet. Regarding public outreach to potentially affected business owners along 4m Street, extensive efforts were conducted to involve the public and stakeholders in the successful planning for the implementation of a streetcar along the alignment and through the Downtown area. Prior to the release of the EA/DEIR, numerous meetings were held with stakeholders throughout the Study Area to obtain input and provide updates on the SA -GG Fixed Guideway Project. Community meetings were held with the Lacy neighborhood, the French Park neighborhood, the Santiago Lofts Homeowners Association, the Santa Ana Senior Center, and many other stakeholders. Stakeholder Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 51 January 2015 75A -109 comments were collected and recorded at each meeting. In addition, a series of Stakeholder Working Group meetings were held to involve key business people and leaders in the community. Below is a list of organizations which received presentations on the proposed project: • French Park Association • Kennedy Commission • Santa Ana Collaborative for Responsible Development • Santiago Lofts Homeowners Association • Artesia Filar Neighborhood Association • Labor Union Members • Federal Courthouse • Santa Ana Senior Center • Stakeholders Working Group • Santa Ana City Council • Santa Ana Restaurant Association • Temple Calvario • State Appellate Court • Orange County Superior Court • Rancho Santiago Community College District Board of Trustees • Lacy Neighborhood • SARTC Community Meeting to discuss the Santa Ana Train Station • Board of Directors, Santa Ana Merchants Association • Downtown Inc • Santa Ana Merchants Association • Santa Ana Unified School District • Stakeholders Working Group Advisory Committee • One -on -one briefings with 140 Downtown Businesses • Santa Ana City College • Railway Association of Southern California • Santa Ana Unified School District Board • Orange County Transportation Authority (OCTA) • Everest College /Corinthian College • Santa Ana Resource Network • Orange County Business Council • Orange County Transportation Authority Transportation 2020 Committee • Federal Transit Administration • California Public Utilities Commission staff • County of Orange Supervisors and staff In accordance with CEQA and NEPA regulations, the Notice of Availability of the EA /DEIR for public review was filed and posted at the Orange County Clerk- Recorder's Office in compliance with PCR Sections 21080.4 and 21092; advertised in the local newspaper; flyers were distributed at every community center in the City of Santa Ana; outreach was also conducted via social media; and a press release was covered by at least three different news organizations. Although not required under CEQA or NEPA regulations, available data from County Assessor and City property records were used to establish a list of property owners and tenants within 500 feet of the alignment. There were 3,796 postcards delivered to property owners, business owners, tenants, and residents related to EA /DEIR availability for public review. Hard copies of Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g el 52 January 2015 75A -110 the notifications and document were also made available at different locations (Santa Ana City Hall Public Works Counter, Santa Ana City Hall City Clerk's Office, Santa Ana Public Library, Salgado Center, Rosita Park, Santa Ana Train Station, Garden Grove City Hall, and OCTA), as well as online on the City of Santa Ana website. Response 8 -4 As shown in Figure 3.3 -2 on page 3 -20 of the EA /DEIR, none of the alternatives would result in the full acquisition of property or the displacement of residents and tenants within the referenced Santa Anita Neighborhood directly behind the Willowick Golf Course. Near the Santa Anita Neighborhood, the proposed alignment would be constructed entirely within the PE ROW and no residents would be displaced within this area. It is not anticipated that the proposed project would affect existing vacant properties and the increased accessibility upon implementation of the proposed project is not anticipated to cause future property vacancies. Response 8 -5 The following response directly relates to each of the points the commenter made regarding (1) lack of inclusion in the planning process, (2) questionable objectives for specified project, (3) project costs, (4) disruptive construction, vacant properties, displacement, and (5) public safety issues. (1) Lack of inclusion in the planning process. See Response 8 -1 regarding public outreach. Specific outreach efforts were conducted to include communities of EJ concern, particularly Limited English Proficiency.(LEP) communities, in the planning process. The following activities were conducted specifically to ensure participation from communities of EJ concern, per requirements under Executive Orders 12898 and 13166: • Identifying and meeting with environmental justice stakeholders, including Templo Calvario, neighborhood associations, community groups, and senior centers. • Established a project information hotline with outgoing messages in English and Spanish. • Translated and submitted notices for publication in the following local Spanish language newspapers: • Excelsior (Spanish language weekly of the Orange County Register on May 24, 2010) • Miniondas (June 3, 2010) • Conducted visits by a multi - lingual outreach team to approximately 230 Downtown businesses, including approximately 156 along 4`h Street to provide information about the project, the upcoming release of the EA /DEIR, and contact information for additional follow- up. (2) Questionable objectives for specified project. The proposed project is a transit improvement project being considered by the Cities of Santa Ana and Garden Grove in cooperation with OCTA and FTA to improve mobility and provide other community enhancements. The proposed project's objectives are derived from the need for transportation improvements in the Study Area, which address a variety of community issues. The identification of these needs and corresponding goals and objectives are stated in Table 1 -1 on page 1 -14 of the EA /DEIR. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g e153 January 2015 75A -111 (3) Project costs. Comparative costs were presented in Table ES -1 on page ES -15 of the EA /DEIR, and shown below, to allow for public input and for consideration by the decision - makers prior to taking any action on the proposed project. TABLE ES-1: PRELIMINARY CAPITAL • ST ESTIMATES (IN 2011 $1,000,000) Low High Streetcar Alternative 1 Alternative TSM Annual Revenue Miles $14.5 419,120 Streetcar 1 363,459 $197.4 105,664 $209.7 Streetcar 2 32,656 $217.0 22 $228.1 IDS -1 7 $146.5 $13,282,258 $158.8 I0S -2 $6,110,656 $166.2 $12.51 $177.2 Source: Cordoba Corporation, Santa Ana and Garden Grove Fixed Guideway Corridor Study Draft Alternatives Analysis Report, April 2014, Streetcar Alternatives 1 and 2 include the same two design options for the maintenance facility and the facilities proposed to be constructed on each of these sites are identical. The cost difference between the options is approximately $11 million, and is related to the estimated cost to acquire the right -of -way. Operations & Maintenance Facility Site A would cost approximately $37.4 million and Operations & Maintenance Facility Site B would cost approximately $26.4 million. Operations & Maintenance cost projections are important for assessing cost effectiveness and to conduct financial planning. The TSM bus costs were estimated based on current transit cost information provided by OCTA. The Operations & Maintenance cost projections for the streetcar alternatives were based on operating cost per revenue hour derived from historical Portland and Seattle bus -to- streetcar Operations & Maintenance cost per revenue vehicle hour ratios. These ratios were averaged and applied to the OCTA bus cost per revenue vehicle hour. The estimated Operations & Maintenance cost for each build alternative is summarized in Table ES -2 on page ES -16 and shown below. TABLE ES�2: ANNUAL 0 & M COST ESTIMATES TSM TSM - SARTC to Harbor Route Only Streetcar Alternative 1 Streetcar Alternative 2 Annual Revenue Miles 1,061,590 419,120 332,015 363,459 Annual Revenue Hours 105,664 35,152 26,364 32,656 Peak Vehicles 22 8 6 7 Annual 0 & M Costs $13,282,258 $5,100,000 $4,933,284 $6,110,656 Cost Per Revenue Mile $12.51 1 $12.07 1 $14.86 1 $16.81 Cost Per Revenue Hour $125.70 1 $143.94 1 $187.12 1 $187.12 Source: Cordoba Corporation, Santa Ana and Garden Grove Fixed Guideway Corridor Study Draft Alternatives Analysis Report, April 2014. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g e154 January 2015 75A -112 (4) Disruptive construction, vacant properties, displacement. Construction details and associated impacts are discussed on page 3 -197 of the EA/DEIR. A comprehensive community outreach program would be developed prior to the start of construction activities. For business owners and commercial property owners, the disruption of construction activities would involve multiple construction crews operating along the corridor simultaneously. As stated on page 3 -202 of the EA /DEIR, access to businesses would be maintained during business operating hours. In addition, the second sentence in the second to last paragraph on page 3 -202 of the EA/DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating nighttime or weekend work. It is not anticipated that the proposed project would affect existing vacant properties. The proposed project does not include a land use development component other than the maintenance facility. Acquisitions requiring displacement would comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act). Acquisitions related to the build alternatives are shown in Table 3.3 -5 on page 3 -23 of the EA /DEIR and shown below. The proposed project would result in three full acquisitions and six partial acquisitions; Streetcar Alternative 2 would result in six full and ten partial acquisitions; IOS -1 would result in four full and two partial acquisitions; and IOS -2 would result in five full and six partial acquisitions. The amount and type of private property acquisitions were found to result in less- than - significant impacts. (5) Public safety issues. Modern streetcars operate similar to buses in city streets, moving with the flow of traffic and allowing passenger pick -up and drop off at designated stops. Public outreach and education programs would be offered to familiarize local residents and business owners with the new streetcar system. In addition, the system would be required to meet the federal requirements of 49 CFR Part 659 and State requirements of California Public Utilities Commission (CPUC) General Order 164D. These regulations require fixed guideway systems to establish system safety and security programs. Based on the establishment of the safety and security programs, hazards and security threats would be minimized. In addition, CPUC must certify that the project is safe and secure before the project can be placed in revenue service. Following construction, the project would be operated in accordance with OCTA standard operating procedures, operator rules, and the emergency plan. The EA /DEIR analyzed potential public safety impacts and addressed safety concerns associated with schools; Mitigation Measures SAF1 through SAFE, identified in Section 3.15.3 on page 3 -195 of the EA/DEIR, would be implemented as part of the project. These measures include lighting, fencing, signage and education delivered to students and parents to warn of potential hazards. The EA/DEIR found that with implementation of mitigation measures, no adverse safety impacts would occur. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g 0155 January 2015 75A -113 The last portion of the comment requested an equity assessment for the proposed project. An EJ analysis, which identifies minority and low- income populations and evaluates whether the adverse effects of the proposed project would disproportionately burden these vulnerable populations, was included in Section 3.5 of the EA /DEIR. This analysis was completed using prescribed methodology by the FTA, which was developed in response to Executive Order 12898 and is consistent with U.S. Department of Transportation (USDOT) Order 561O2(a) and FTA Circular 4703.1. In determining the adverse effects, the project must consider both short - term and long -term consequences and weigh them against the benefits of the proposed project. As shown in Table 3.5 -2 on page 3 -49 of the EA /DEIR, and presented below, all of the communities within the Study Area are considered EJ populations. The communities closest to the alignment would benefit the most from increased accessibility and connectivity but would be subject to temporary construction effects. Section 3.5.2.3 of the EA/DEIR provides a detailed evaluation of the potential EJ effects for each community within the Study Area. Additional detail is provided in the Community Impact Assessment, which is included as Appendix C of the EA /DEIR. The EA/DEIR determined that the proposed project would have no adverse health and environmental effects related to land use, visual quality, cultural resources, geotechnical conditions, hazardous materials, hydrology, traffic, noise and vibration, air quality and greenhouse gases, and safety and security. Transportation effects from the project are expected to be beneficial because of the improved accessibility and connectivity provided by the new transit service. The benefits to transit users would include improved access to employment and activity centers. The proposed project would distribute station amenities, parking, improved jobs and housing access, and other beneficial project features. Construction activity would occur along the project alignment and at stations and staging areas, which would affect all communities along the alignment equally. These effects are described in Response 8 -1 and in more detail in Section 3.16 on page 3 -197 of the EA /DEIR. Transit service is meant to serve where the demand is greatest, and these areas are often have more development intensity are likely to be affect by construction activity. However, these short -term construction effects would be outweighed by the long -term permanent beneficial impacts that would affect EJ populations. Since the EJ communities within the Study Area would be the primary recipients of the benefits of the project, there would not be a denial in the receipt of benefits to minority and low- income populations. Response 8 -6 The Declaration of Opposition from 12 business owners for the same reasons as stated in the above comments was forwarded to the decision makers for consideration. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -114 Pagel56 75A -115 tts s w 4 Q_ R SJ 0 c co � = N [�6 m C c m U1 -t :. (0 M I M M 0 0 0 F- O d' m M I M O 0 0 0 F- It m F- m r- ' M m N 0 0 dt m LL M i i O M m N O O It m 6. 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LO (D (O m M m M O O O O m W M 0 0 0 0 N O O O O O In N 0 0 0 0 O O N O O fq � N 75A -116 C d y y Q v v N W ti o y N O h v c 5 d s N U N �ON O O e o � � O o ^ a � o Q o y U U U � o m d W, 3 Q Y a 91 c m to � 0 � N a � c c c m cn -> j k SSA ES C SANTA ANA EUSINESS d@UNCIUI, IN07 P 1 1!: 37 is i I i -i Gt., ,L Comment Letter No. 9 SANTA ANA BUSINESS COUNCIL, INC. 400 East Fourth Street Suite 7 Santa Ana, CA 92701 Phone: (714) 743 -6342 Fax (714) 972.2654 e -mail: claudiaarellanes55ah6tmall.com www.saboina.00rn DECLARATION OF OPPOSITION STATEMENT OF OPPOSITION TO SANTA ANA 'S PREFERED OPTION" ON THE FIXED GUIDEWAY (STREETCAR) PROJECT CONNECTING TO GARDEN GROVE. iir 1 Shahram Makhani 2 Laura Fabilla Diaz 3 Guillermina Madriles 4 Manuel Pena 5 Ceballos Fernando 6 Raul Alvarez 7 Tomas Valenzuela 8 Inhee Cha 9 Inhee Cha 10 Won Cha 11 Walter W Cha BUSINESS NAME: Telas Fabric Servi Centro Mina Bridal Manuel J. Pena Consulting CW Cellular Inc. Alvarez Check Cashing Bandalero Bookd Tile, LLC Downtown J & L Pinetree Lending AMDS Metal 75A -117 9 -1 p a t IN 0 ws,8 U 6 P'u So w T qj O t ad E 1� 10; 4.g Ej .,Fj 10 Q ed w Z: w an 15 it iz 75A -118 O J, .4g as v A l.- 'A �,g g vpL Hz p1 ar M �.l A iZ no z w uc A Ls 2 7c 7.2 46 �2 0 i� 0 O Q ?h B 54 2 V w 0 H 0 e x F: 75A -119 2� vi O AR. g�62 S-ol to m so 8 on 0 mci �*/ bQ N ,�v 9''�+.urs„'S .cq �r t} I �� to EL 3 A P R J fa -8 lw U 41 gj m tt o 3.r 0 Vi 9 Rt to Rj 2 04 y c E u y 2:— 75A -120 C 0 J 41 OE: A 5 t t 49 J, 0 t' SAN ld k 19 rq -V 80 A 0 H ei P! C6 0 EM� t; IM 0 73 2!n 0 m= i 75A -121 o 24 zi v ZT 2w v-, t C) � 5 1 T: VK� 43 r(-N CZ co .n E r C6 0 k. AZ. RU Al w 2 q I'M V > IV 7. Z 0 oa o.2 V > su oM a F 75A -122 M 6 .,MH q f P Lk �p EL 04 Sa Ull S,-A iA fn E E 75A -123 Letter9 Santa Ana Business Council, Inc. (SABC) 400 East 4`h, Suite 7 Santa Ana, CA 92701 Response 9 -1 The Declaration of Opposition from 11 business owners from the SABC, listing the same reasons included in Letter 8, was forwarded to the decision makers for consideration. See Responses 8 -1 through 8 -5. The comment letter is not directly related to the content or adequacy of the ENDEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g ol66 January 2015 75A -124 Comment Letter No. 10 DECLARO MI OPOSICION A LA "OPCION ni I 7 PREFERENCIAL" DEL TREN ��'.ECT RIC J O, E L(, A "CIUDAD PE SANTA ANA TIENE PROYECTADO PARA CONECTAR POR ESTA VIA CON GARDEN GROVE NAME ADDRESS 1 Karla Cuevas 709 N. Figueroa st Santa Ana CA 92703 2 Art Santacruz 709 N. Figueroa st Santa Ana CA 92703 3 Wismar Ortiz 732 N. Figueroa st Santa Ana CA 92702 4 Ashley Brown 732 N. Figueroa st Santa Ana CA 92702 5 Maria Anza 713 N. Figueroa st Santa Ana CA 92703 6 Miguel Angel 606 1/2 Figueroa 92703 7 Maylin Mendoza 725 N. Figueroa st Santa Ana CA 92703 8 Hugo Martinez 803 N. Figueroa st Santa Ana CA 92703 9 Alvarez Regino 809 N. Figueroa Apt A Santa Ana CA 92703 10 Maximiliano Garcia 11 Alejandro Escobar 3631 Hazard ave. Santa Ana CA 927D3 12 Lorene Ramirez 3627 W. Hazard st Santa Ana CA 92703 13 Cinthya Perez 705 N. Figueroa st Santa Ana CA 92703 14 Lizzi Murtough 127 Madrid Tustin CA 15 Katherine Anza 713 N. Figueroa st Santa Ana CA 92703 16 Geraldine Arellano 710 N. Bewley st Santa Ana CA 92703 17 Clarissa Arellano 710 N. Bewley st Santa Ana CA 92703 10 -1 18 Aurora Sandivia 725 N. Figueroa st Santa Ana CA 92703 19 Petra Salgado 807 N. Figueroa st Santa Ana CA 92703 20 Maria Hernandez 3631 Hazard st Santa Ana CA 92703 21 Enrique R. 3631 Hazard st Santa Ana CA 92703 22 Yesenia Canova 3638 W. 5th st Santa Ana CA 23 Nathalie Canova 3638 W. 5th st Santa Ana CA 24 Evangeline Romero 909 N. Jackson at 25 Manuel Topete 623 N. Figueroa st Santa Ana CA 92703 26 Imelda Salgado 623 N. Figueroa st Santa Ana CA 92703 27 Jose Ochoa 602 N. Figueroa st Santa Ana CA 92703 28 Virginia Ochoa 602 N. Figueroa st Santa Ana CA 92703 29 David Inge, 1225 Carlton Place Santa Ana CA 92707 30 Patrick Douphy 1225 Carlton Place Santa Ana CA 92707 31 Cesar Gonzalez 714 N. Figueroa st Santa Ana Ca 92703 32 Francisco Salgado 718 N. Figueroa at Santa Ana CA 92703 33 Lesley Ramos 718 N. Figueroa st Santa Ana CA 92703 34 Sergio Diaz 718 N, Figueroa st Santa Ana CA 92703 35 Maria Salgado 718 N. Figueroa st Santa Ana CA 92703 36 Ciro Salgado 718 N. Figueroa st Santa Ana CA 92703 37 Adelfa Najera 718 N. Figueroa st Santa Ana CA 92703 38 Irma Lopez 730 N. Figueroa st Santa Ana CA 92703 39 Monse Perez 610 N. Figueroa st Santa Ana CA 92703 75A -125 C O O r U 75A -126 CCS cd 7i .--� cC V cn Z 0 0 -w hW i-r 'CG H C s C-4 N •--� Z N O �4ry ® y Q. 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A- c-'r Od � 1V ZZ c�z IL 75A -129 75A -130 LL I` S of a i U' U r J o y � r. � a E d m E =� c °O z a`. 75A -130 Letter 10 Declaration of Opposition from Various Individuals Residing on N. Figueroa Street, W. Hazard Avenue, Madrid Avenue, N. Bewley Street, W. 5`h Street, N. Jackson Street, and Carlton Place Response 10 -1 The Declaration of Opposition from 39 individuals, listing the same reasons included in Letter 8, was forwarded to the decision makers for consideration. See Responses 8 -1 through 8 -5. The comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g al 73 January 2015 75A -131 July 7, 2014 f SACHBAX SANTA ANA` C66MMUNITY & BUSINESS ALLIANCE Comment Letter No. I I Mmdeleine Spencer 333 bast 9 "' # 303 Saunr Ana, CA 92701 (714) 513 =2653 Spenc110(idmuil.chapman . edu City Manager David Cavazos, City Attorney Sonia Carvalho, Mayor Miguel Pulido, Council Members & City Staff, DECLARATION OF OPPOSITION LETTERS IN RESPECT" TO TILE SANTA ANA GARDEN GROVE "PREFERRED OPTION " OF THE FIXED GUIDEWAY PROJECT Dear City of Santa Ana, Enclosed are a series of Letters of Opposition to the city's preferred option to the Santa Ana Garden Grove Fixed Guide -way Project. 'These documents representing more than'one hundred businesses and residents in opposition to the project are being turned into the city staff as recommendations to be scanned and recorded for public review as comments on the EA/DEIR process submitted on July 7, 2014, prior to the 5:00pm deadline. As of today Letters describing community opposition and request for an Equity Analysis have also been shared with: Wendy Knowles, OCTA Shawn Nelson, OCTA Put hates, OCTA John kloorlach, OCTA Janet Nguyen, OCTA Todd Spitzer, OCTA A. n'1 a Tray, OCTA N1ayarTom'1'ait, OCTA Ituby Godinez Castellani, GT.AC ETAC Board Members via 12nby If you have any questions or need further information, please feel free to contact me at (714) 815 -2653 from 7am -7prn Monday through Friday or Saturday from 9am -3pm. Sincerely, Made lleeine Spenc rte' 7 e 75A -132 11 -1 7 P1 U_ DECLARO MI OPOSICION A LA "OPCION PREFERENCIAL" DEL TREN ELECTRICO, QUE LA CIUDAD DE SANTA ANA TIENE PROYECTADO PARA CONECTAR POR ESTA VIA CON GARDEN GROVE NAME ADDRESS Telehone 1 Glnette Sanchez 310 N. Broadway at Santa Ana CA 92701 714 - 835 -8585 2 Cirilo Martinez 2601 N. Grand Ave Santa Ana CA 92705 714 - 321 -7139 3 Andrew Ramos 450 E. 4th st 401 Santa Ana CA 92701 714- 654 -3926 4 Jose Llanos 450 E. 4th st 408 Santa Ana CA 92701 714- 285 -7982 5 Ismael Becerril 450 E. 4th at 303 Santa Ana CA 92701 714 - 910 -0080 6 Isidro Acosta 450 E. 4th at 304 Santa Ana CA 92701 949 -697 -0341 7 Juan Sanchez 450 E. 4th at 311 Santa Ana CA 92701 8 Crecencio Martinez 450 E. 4th st 311 Santa Ana CA 92701 714- 862 -6074 9 Raul Hernandez 450 E. 4th at 303 Santa Ana CA 92701 10 Hanadi Roman 2330 N. Grand eve Santa Ana CA 92705 714 -496 -6463 11 Jose Roman 2330 N. Grand eve Santa Ana CA 92705 714 -417 -5356 12 Evander Aguirre 112 French at Santa Ana CA 92701 13 Cuahutemoc Sanchez 112 French at Santa Ana CA 92701 14 Araceli Kantu 1112 French at Santa Ana CA 92701 714 -376 -5950 15 Angela Garcia 1108 French St Santa Ana CA 90701 16 Angela Mejla 113 French st Santa Ana CA 92701 714- 574 -1423 17 Carmen Ortega 922 Toddy st Santa Ana CA 92707 714- 768 -8194 18 Maria Perez 450 E. 4th st 127 Santa Ana CA 92701 714 - 395 -1901 19 Yolanda Aguirre 1114 N. French at Santa Ana CA 92701 714 - 574 -1352 20 Consuelo Blanco 2330 N, Grand eve Santa Ana CA 92705 714 -417 -5356 21 Edlyn Salazar 250 Carriage Dr Santa Ana CA 92707 714- 642 -4555 22 Mari Carmen Valencia 1714 N. Westwood ave Santa Ana CA 92706 714- 835 -2971 23 Javier Galvez 1718 Missin Rd Tustin CA 92780 909- 319 -0694 24 Edith Hernandez 5410 W 5th at Santa Ana CA 92701 714 - 780 -0030 25 Sergio Ortega 511 E Lacy at Santa Ana CA 92701 714- 787 -8237 26 Teresa Andrade 502 E. Mortimer apt A Santa Ana CA 92701 714- 410 -0050 27 Cristina Moreno 305 S Cypress apt 0 Santa Ana CA 92701 714- 835 -2160 28 Praxedes Bernal 450 E. 4th st 304 Santa Ana CA 92701 714 - 248 -3216 29 David Rey Resendiz 1434 S. Raitt apt 7 Santa Ana CA 92704 714 - 467 -1086 30 Jose Olivares 311 Oak at Santa Ana CA 92701 714- 610 -0442 31 Leonardo Moreno Navarro 26451 Via Gaviota Mission Viejo CA 92691 949- 306 -2920 32 Oscar Hurtado 703 W. Washingtong eve # 206 Santa Ana CA 92701 714 - 727 -7262 33 Juan Sacche 505 E. Pine at Santa Ana CA 92701 714 - 851 -1538 34 Hugo Rojas Hernandez 34052 Donew Park CA 949- 201 -5641 75A -133 11 -2 -7 DECLARO MI OPOSICION A LA "OPCION PREFERENCIAL" DEL TREN ELECTRICO, QUE LA CIUDAD DE SANTA ANA TIENE PROYECTADO PARA CONECTAR POR ESTA VIA CON GARDEN GROVE NAME ADDRESS Telehone 35 Jose Hernandez 3000 Hermelinda Santa Ana CA 92707 714- 495 -2443 36 America Najera 1910 WS. Van Ness Santa Ana CA 92707 37 Marco Zeferino 810 S Cedar st Santa Ana CA 92701 38 Araceli Robles 601 E. 5th st # B Santa Ana CA 92701 714- 659 -7081 39 Rigoberto Robles 601 E. 5th st# B Santa Ana CA 92701 714- 659 -7081 40 Luis E. Robles 601 E. 5th st # B Santa Ana CA 92701 714 -659 -7095 41 Apolonio Cortes 946 Chesnut Santa Ana CA 92703 714 -531 -0161 42 Nancy Mejia 562 -213 -2513 43 Laura Pantoja 4823 W 5th st Santa Ana CA 92703 714- 866 -1251 44 Edward Garza 11181 Cherry Hills Or Santa Ana CA 92705 714 - 317 -3969, 45 Jeff Merrick 11171 Cherry Hills Dr. Santa'Ana CA 92705 526- 522 - 4241 46 Pat Aliso 775 Havana Ave Lang Beach 562 -833 -8035 47 Cinthys Sanchez 12216 Fineview St El Monte CA 91733 714- 306 -8766 48 Elva Navarrete 408 E. Civic Center Dr. #304 Santa Ana CA 92701 714 -643 -4483 49 Yohana Rojas 408 E. Civic Center Dr. #301 Santa Ana CA 92701 714 - 972 -6237 50 Venancio Chavez 408 E. Civic Center Dr. #115 Santa Ana CA 92701 714 -836 -0237 51 Angelica Flores 408 E. Civic Center Dr, #113 Santa Ana CA 92701 909 -827 -2080 52 Arnold W 408 E. Civic Center Dr. Santa Ana CA 92701 53 Luis Pantoja 408 E. Civic Center Dr. # 107 Santa Ana CA 92701 714 - 542 -3471 54 Juan Carlos Macedo 945 W Chestnut Ave. Santa Ana CA 92703 714 -650 -2109 55 Javier Roman 810 N. Garfield st # 4 Santa Ana CA 92701 714- 395 -2297 56 Jonathan Lizarraga 810 N. Garfield st # 1 Santa Ana CA 92701 714- 610 -22 -57 57 Gavino Mendez 714- 552 -94'18 58 Miguel Angel Macedo 946 W. Chestnut ave Santa Ana CA 92703 714 - 235 -5327 59 Yanet Castaneda 946 W. Chestnut eve Santa Ana CA 92703 714- 478 -7379 60 Juan Vergara 800 Garfield # 3 Santa Ana CA 92701 61 Jose E. Vega 408 E. Civic Center Dr. # 301 Santa Ana CA 92701 714 -417 -5090 62 Abrahan Hernandez ter st Santa Ana CA 92701 714 -417 -2460 63 Jorge Cabrera 714 -925 -3477 64 Mario Martinez Washintong y main 714- 397 -6688 65 Juanita Hernandez 714- 296 -4474 66 Maria Guadalupe Diaz 1001 N. Parton st# 8 Santa Ana CA 92701 714- 558 -3837 67 Nohemi Gonzalez 714- 760 -1477 68 Jose Elias Gonzalez 1007 N. Parton Santa Ana CA 92701 714 -460 -1660 75A -134 11 -2 cont. W 11 DECLARO MI OPOSICION A LA "OPCION PREFERENCIAL" DEL TREN ELECTRICO, QUE LA CIUDAD DE SANTA ANA TIENE PROYECTADO PARA CONECTAR POR ESTA VIA CON GARDEN GROVE NAME ADDRESS Telehone 69 Isidore Espinoza 714 -834 -06 .80 70 Felipe Chavez 714.860 -0591 71 Victor Guerrero 714 -571 -9924 72 Crecencio Reyes 714- 209 -6662 73 Angie Tapia 615 E. Civic Cewnter Santa Ana CA 92701 714 - 704 -0458 74 Francisca Trujillo 810 Garfield st # 6 Santa Ana CA 92701 714 - 805 -2854 75 Rufino Tcchihuitl 714 -323 -3472 76 Teresa Mendez 714 -615 -9590 77 Jaime Mendez 714 -541 -2304 78 Estela Tejada 1314 W 12th st Santa Ana CA 92701 714 -760 -6851 79 Victoria garcia 11731 Wasco Rd. Garden Grove CA 92841 714 -725 -9881 80 Moices Vasquez 1009 N Spurgeon St Santa Ana CA 92701 714 -791 -3504 81 Rosa E. Ubach 605 E. Washingtong Ave Santa Ana CA 92701 714 -404 -2094 82 Maria Perez 714 -381 -7627 83 Esperanza Ramirez 2032 Orange St Santa Ana CA 92701 714 -574 -0264 84 Adrian Brindle 1321 N. Durant st Santa Ana CA 92706 714 -574 -4177 85 Celene Ponce 112 E, Edinger Ave Santa Ana CA 92707 714 - 605 - 8472' 86 Soledad Gomez 1725 Ocho Ave. Laguna Beach CA 90804 714- 794 -4770 0 75A -135 11 -2 cont. N C O �— U 9 _ N y 2 m W i « U y I gi ~ V G Grn a > n W O j a N O w g Q W Z 2 E '3 S cR' O q LLp P 5 5 E E V c c o p U 't mWO < S° 3E R S O a ap E U m 8 a �' o 0S C. w ° � E 9 Qi pa W c° '88 =�E O o .� w!�e� o;$�Q�,� ycy Z S O « E m o ZF LL2't � $m N Op v O� aNU2�00. 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L7, q F a 'g. 0 Cy to 0 CY Aj �. (s p ul all UW 36 iq q G ,:� O � S 0 , 9 ei 75A -171 > S, CY -2 6i M;� > 5 > 7N 0, n go -A :g �Q 8 71 .29 o?o 7no -jc Z�, ., V j g,g Co Z� — 6 �.0 z , 0 o -5 0 L 75A -172 O C> A PZ 0 Q� OS "O 12 O. ,07. ;31 -CO Ad, 6 z :91 -g E ji ,0 z! P u u -v A ✓ Z:2 'A v 1�4 'V 0 A 0-4 ._['. .T.' EL! 75A-1 73 N t 9q .1 z gA Ml 2 > :2 F i Re U3 IP E ij w n.2 t2 2 2 cl 7. 75A -174 Z> MOE 2z ba ua �<O z Z 7 ef U<Z OZO y rip ro I z u .cq a ji p > 0 IR z p 0 c? g:s W A A > :9 to 0 5,2 ta al 0 .9 W,U K E I A! to 0 Z WUU 0 Z2 ru 0 Ci Pi 0 4 p Nz Cl 0 > -05 2 &.7; R2 to z 0 cvO 6 z C5 t' u Z4 u i5 vi :2 11 J2 12 o'l ell W Ll) w z t, z 75A -175 N C 'o >0 go > 'F_ CY A < g. s =4 > <07 znn > 12 g cY2 o VU and 0 0 4d Us u F 2o ".2 0 E Li ca > c a Li P-A 10 zz- 0 < M_ '07 R, E5 1'2 < oc it Uu °e o U z 75A -176 cq io z 4 z C Z Ll I? g:5 pp m A < 0 R'a J 4F U EL Z 0 CO d 8.—V 0 5:2 v -0 C7 Z E a Z 7 P i 223 t ;5 v TJ Z5 lap u 75A -177 O Ei V 's CY Z�a <07 Q '13 R > C, P > A 0 0 cc) �FSOm a] E! ZIA C4 u 0 pgT M 0 1!! r. 0 12 Lv .0 Ed E. z 7* 0 vi 15 Ca a 0 Z r) Q '6 1�41 ZI '13 n go .2:2 :2 A 2 E 'A A t� !E �i 2 q �n M il —Ij > C Eil 75A -178 N t 0 r. ri pzm t I a p 6 . Q � 0,3 9.6 F, 0 . VHF Zi- Zi z M " ZO i 13 r. > S 0 12 PZ 0 9 z7w "no P�2 'R 6 u 7 OU 2-n > > 71, a 0 43 A :z CO 0 m -,3 75A -179 N C 'o r. og! CJl t U J 0 n z S 5� 'go lz m .5 go ..1 Own :as g ao -'6-1 ad� iq 0 -8 1 r,4 0 W,. F 12 :2 :6 w U 1 9 - .. w U u U d o 2 iv i�v ni In, W ZQ L4 71 Z� z E5 go z z C4 0 , Cl mm Z In z < n Z 7 C),O A W2, S ou? 0 :-u oaO vop t5 ou n-.2 1-2 :2 6 t4 E! 16 _42 V, 9 u u Q -9 ei 1� � 3 u 1) ff 0 ti �z P �7 1�z �— i�l m z 75A -180 Letter 11 Santa Ana Community & Business Alliance (SAC -BA) Madeleine Spencer 333 East 9`h #303 Santa Ana, CA 92701 Response 11 -1 The Declaration of Opposition from 89 individuals from SAC -BA, listing the same reasons included in Letter 8, was forwarded to the decision makers for consideration. See Responses 8 -1 through 8 -5. The comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAiFEIR P a g el 123 January 2015 75A -181 Comment Letter No. 12 STATEMENT OF OPPOSIL TION TO SANTA ANA'S FREFERIED OPTION" ON I'HE FIXED GUIT)FWAY �STREEXAR) PROJECT CONNECTING TO CARnEN GROVI�- 1 Perla Veronica Alvare? Veronlca' Brklal 2 Elma Vazquez lma's Boaully Salon, 21 Qsecrge Hansen RlicAcs Jewelry & Loan 4 Arran 141, Tran .5.%N'TA AKA RUSTNTS5 COUNCII, WE: 40 E" 70i 1115 i Sub 7 as wu AN4 uslnftnov,4�-317 (71,4 743-6pu Pfirnavera's Bridal 7 Jose M. Sobdo La Zapat-eria Mexico 6 Marra Hernandez Belinda's Bridal 9 lierAor R-tjiz Rul7 jewalry and Loan 10 Pauhna Fuenles Jevatry Gold & Silver I I Palm-Lra Asuadlillo DECLARATION OF OPPOSITION STATEMENT OF OPPOSIL TION TO SANTA ANA'S FREFERIED OPTION" ON I'HE FIXED GUIT)FWAY �STREEXAR) PROJECT CONNECTING TO CARnEN GROVI�- 1 Perla Veronica Alvare? Veronlca' Brklal 2 Elma Vazquez lma's Boaully Salon, 21 Qsecrge Hansen RlicAcs Jewelry & Loan 4 Arran 141, Tran 0s an M. Pan O.D. Oplarne4 15 Guadatupe Moto as Rota's Bridal 6 Martha GaIllen Pfirnavera's Bridal 7 Jose M. Sobdo La Zapat-eria Mexico 6 Marra Hernandez Belinda's Bridal 9 lierAor R-tjiz Rul7 jewalry and Loan 10 Pauhna Fuenles Jevatry Gold & Silver I I Palm-Lra Asuadlillo Mexicana Travel 1,2 Susan Chan ATs 1:1~ap t3 cmlm; R009UPT AB Con-put ars 14 Patricia M4sno7 0 ueen'si BOUIlqU G 15 Jose Rodrujuarz Calano Insurance 16 Su=1 Cabaffos MUSIC & Wfoless 17 Daniel E-8%0a 1- hybrid Synergy 18 Nlarllha 1it4a 1 Rayna Ei-- Mirl-lopcon 1<1 Ad an Radrguarz CuncHila 111IC And More 20 lEfinn Jacob-� Fota y Video 21 Rayriond Ranqal R&R'j'.r--SteTn Wear 22 Aeorubn Tiujiflb LFt,,% Ilociones Widal 23 Laura Heniandez Laufrj'i Beauty Sijr�PhFfs 2 F.Vrarfa EqtelVos Gvadalaprn 26 Gerardo Bahena Mj rg. i r i t n's 0 e c o i a 1 to a 2r� Fdil erto Fcifexo NLjev Guadalajara Bc-auty salon 27 LL.pe 5,9nn'n-Val K V S, v-,e r 2 P�qnl 10, Galen leco 2q Michael KaFislra La M, ul a 30 R;caidtj Cxflez TH T r ou wD Am] t a uvol 1 Elvin vjkwa Atfl-,ZILU Tirric 75A -182 12-1 '01 1 E3 Cb. : S,,N-TA ANA SUSIKV:54 COUNCIL WC 449 ttag T4Nrfh der Sullm WORN: (jL4%7Aj,-d34j rxc STAT5 MENT OF OPPOSITION TO SANTA ANA'S PREFERED OPTIOW ON THE FIXED CUDEINAY(STREETCAR) PROJECT CONNECTING TO GARDEN GROVE, NAME BUSINESS NAME 32 Irma Agullera lyma Salon 23 Mariano fstandoea Rancho Mendoza 34 jorga Vital Dental 4 35 Sal Nawarru Acapuko, Travail 36 Aduro Lomeli Artwo J Lorneli DDS 37'Tonwq�% Valp-Rztiela Valnet Serylims. 38 Jaime Nungavay Don Roberlo .14hvalry 39 Jnseph G Elias Fiesta Juice 40 Aulth Gerardo Mi Cellular 41 Mike, Husaia United begat Services 42 Jawn Pool Cheri Angers 43 Lee Gornay jvihtlal Assigns 44 E-11a Gastelton Fiesta Flowers 45 Aracely CWdefon FiesLq Lauggage y Party Supp;y 46 Donica Edwin Mexican irnpolls 47 fterw Otero Todo Sormo% 48,14e-clatr Silva H,�gaii 13tauly Salon 49 A06a, S,91�mdo cprli:-af Travel & "touts 50 Guillerm de la Pima Sigue colp. 51 Abdul Amoudi Alfa Insuranou Seavir-es 52 Nam Flye Yun Nana 17,15— 52 Mantle Rfudo Rodfiguez Holiday Tea & Tours b3 hAarcula Rodriguez "Ohhay Travel 11 1-4 Adan llnrtandoz 5 w 01189 ala 8eavly Salon 55 Ruben Puebla Paclianna,, D,J Mimic 56 Ru brim Alya i oz Star Connected OC 57 Grace Yanaz Grarr.Y Er lenpf ces 58 Mary Lorrea C' 10.@ Azvl Trawl Fig Rosa Webi?i w"I `7a lord 60 wa PA Lira Apuieci %Inrjoex til �:ilvia Hurnma Ts :u 75A -183 12-2 "JSAMC: MUM A BV5 I RE U CUINC I L iK SANIA AN, A MINUt-StOINK-1, INC 4% FDUt Founh 9"e SlEVA 7 Sanjw Ari, CA InTel Tjtrye^ (1 4)741-4,Ul Fax: I714) 972-1614 coo PR UPTUp -Ru#1 ph% STATEMENT OF OPPOSITION TO SANTA ANA °S PREFEREQ OPTlQW ON THE f IXF0 GUIM�WAY (STREETCAR) PROJECT CONNECTING TO GARDEN GROVE- 62 VVIlor Cobena 433 ForlUnata P0y06 64 Turosa Saldivay US Nam Hye Yijn 66 Sandta Ceff -pas 67 Shay Patmer 68 tely Qvrmz 69 He th, Rase 70 Frank Chaver 71 Barbora Y Rookef 72 Mark] Guerrow 7:3 Arturo Af ellanos 74 53amUel kori*ro Cobena Gardan's Jljssyca'a Bddal Tweswa jaweters La r 5avtote Cassandra Brid'al Tovq h Timez Apparal 11'etys perfuw Labell Exchange PiO-Jiig Co. of America Prest)ytenian Church Sanin Ana TNT Tours & Tfavog Metpa 11 UrIll"Ura Superstore: Sabo Relj,. 75A -184 12-2 cont. I % 75A -185 . . . . . . . . ..... . . . .............. ......... . .... ..... . ................................................ . . . . . . ........ . ...... . ...... ... ------- 1 .4 to 11 '4." jl tt � 17 It to 75A -186 ;4 7E 4 7f j a Z�h zi sk, 75A -187 yi 4 J, 75A -187 A 7 H A" Z Zt W 114 t-6 I R dig rl .. . ......... 75A -188 Ux°j 75A -189 n g i. gS j 1ae0 u r 7, 75A -189 i. I 75A -189 v Lv qJ 74 i� r �4 zt E-3 I 75A -190 -'I M rfi JI 'g" E 4 f 47 75A -191 i ', )�A` '§ 17 F ry� f U k3 � 6 � r 5 a' e 5 ^ 1 r G. 4 •i a .-� F � F 1 1 1 75A -192 41 lit= j . .. . ......... 7 f ki, i 17 33 I ---- - -- ------- - . . ............ . ...... . ... ... . ...... ...... . ........ 75A -193 V 7 d a V q f IF UI . .. . 75A -194 . ..... 75A -195 IN, Jr IN IN IM V a '14 r3 �, K qb L Y- a i. n a ^f`% �j NY 75A -195 Usly N A Olt hillof Ll A ii MA, TAN!", 75A -196 1 A Jg a L -2 ONE 75A -196 1 A Jg 75A -197 e R u tj 7j 75A -197 u 75A -197 u dt I YA 75A -198 ie L 0 74 st T� V 75A -198 ie 14 L u r U L AL r tj a1 ij{ 75A -199 i' b d 6 PG 1 IV r a %a R q 7 3 i i' 75A -200 ul Y 'W 66 Sy t 75A-201 �+ fit+ « : a ✓i �' � d a g. � L i t � � +?'S i J Iz m3 ",tee 5. [ t I i- C fr I E f' a A , 1 � 1 € r i r '3 I i t A G+ t ( r 75A -202 75A-203 'Wan illy 1 1 f Ij E f ;I ASM! is iz-iz .AL 0 a E3 75A-203 rc, frl x1 5 y" id ® g s d 4i i e WF ul 1 14 A 2 }F p• Y i> .. id1 t� R M try *"1 Fii°ry+F ira,�� 15jf �L—� V, t JJ fA L _ 1 i 1 i f 1 � e p 1 S ti 5k yr 1 Lo 7i ST � 75A -204 75A-205 V 75A-205 r i y. re 1 + 4 a j R � � � � �! jp �j 4i � k P3 4•_ .ka� i'1 F. '. c'. ti ri i z L _ 4i F fu9 1. a; t vs 75A -206 75A-207 aft ... . .......... .... em 75A-207 aft F. ud 14 Ull tz �t Y. u Li Ul 75A-208 ji n4 u i-5 T4 be E i 7 k7 el Ln 75A-209 - - - -- - - - - ---------------------------------------- ...... . ... . ... ....... . ..... . IM, U�l kJ iA mli Aj 75A -210 . ............. . . . . ......... ......... v Ll i :A J, N, N ;J R Aga r Ll 75A-211 . ....... . ....... . . ................... . . ... ... ..... . . ... . ..... . ..... JI C �7 � 4 i,4 I P VI Ti, 1-7 Y. 75A-212 ZIN 11 71 7.4 iR L 17, ij Yj 75A-213 ij � i o 1. iG A:;x ni IT y; i T.i IT � s d yy 9 Js f t� IN i p� u'fi 1r � Fr fc 1 � T 4 3 A Z I P a i I S e f p CA � rs i t ry r 1 f � f �t 75A -214 i i - p of L S? 4 r x 14 yi k t 3 L . f ' ' a i x• f I l °�1 75A -215 iLL:. 9 Y i a S 3 FY q Ll M& T 83 q' 4 a: Si S n' il Ol a '3 � t •i 'I i E E ry � x41, � F 4 �4 x4 1 i x a� 75A -216 IT 5 -li 41 ry 7 -J, 75A-217 75A -218 it i y p� y x g ] 4P f L 4 i '. a it it � 1 it t t S ! S i V i E 1 1 i E 1 i 9 F ° 75A -218 u m UY I 75A-219 4i L' Zl� ri e-E IN w 75A-219 4 €Wrt�M � . kk331 �a�p�jgg?.4��s e m AN 7 z MCIJ '1 9 �j�yY 3 � 3 k e t" j t i 1( E 2, y f i � r 75A -220 Ni mZ Q V 71 75A-221 22 Ell j 6. 75A-222 - --------- - -- 75A-223 Letter 12 Santa Ana Business Council, Inc. (SABC) 400 East 4`h, Suite 7 Santa Ana, CA 92701 Response 12 -1 The Declaration of Opposition from 74 business owners from SABC, listing the same reasons included in Letter 8, was forwarded to the decision makers for consideration. See Responses 8 -1 through 8 -5. The comment letter is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. .. ........._ .............. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g o1166 January 2015 75A -224 Comment Letter No. 13 From: Dennis Dascanio rmailto:ddascanioCa)sbcolobal .net] Sent: Thursday, July 03, 2014 2:38 PM To: Fixedguidewaycomments Cc: Ryan Chase; Gil Marrero; Jon Gothold; Joe Duffy; Davin Gumm; Michael Weisman; Jack Jakosky Subject: Comments on proposed routes by Downtown, Inc. Dear Proposed Route Comment Committee, This comment is being submitted on behalf of Downtown, Inc. (DTI) members. DTI represents the Downtown and Artists Village merchants and property owner's. DTI does not endorse the bus option, option number three. Of the 2 fixed guide options, option number one is the preferred route so that the fixed guide will stay closer to the Downtown and Artist Village business districts. Option number two's west bound route stops at Civic Center at Main and Civic Center at Broadway and leaves the riders too far north of the Downtown and Artist Village. DTI is a strong supported of the fixed guiideway project and we stand willing to help as needed. Sincerely, Dennis Dascanio, Board member Downtown, Inc. 75A -225 13 -1 Letter 13 Dennis Dascanio Board Member Downtown, Inc. Response 13 -1 The support for Streetcar Alternative 1 was forwarded to the decision makers for consideration. The comment letter is not directly related to the content or adequacy of the ENDEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -226 Pagel168 Comment Letter No. 14 I Proyecto do Alineaci& Vehicular Santa Ana - Garden Grove oireccl6n Ciudad /Estado /Cadlyo Postal Ntimero de tel €(ono COMENTARIOS (por favor escriba con tetra de molde claramente) 14 -1 gg aalYl C w .wcx 51 es necesario,canYlntle al reverso 75A -227 Letter 14 Jose Rodriquez 312 E. 4`h Street, Suite A Santa Ana, CA 92701 Response 14 -1 The support for Streetcar Alternative 2 was forwarded to the decision makers for consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -228 Pagel170 Comment Letter No. 15 Ana and Garden Grove Fixed Guidewav Corridor Your written comments YOURCOM NTS ARE IMPORTANTTO US will be shared with Name � .LZ E -mall r':�,1•AYVt d)trt i`'PG.�'A° -. (,�„4�1 �, �,!?M project decision- makers Address f ?' ` - — City /State /Zip !-PVV4CS / Phone No, A'. µe.. 75A -229 We 9adto ConOm e 15 -1 Letter 15 Jose Diaz 1 502 W. 9 "' Street Santa Ana, CA 92703 Response 15 -1 The EA/DEIR analyzed the environmental impacts based on conceptual engineering. Design refinements may occur as the project's engineering plans are finalized. The evaluation of changes to the proposed project would be conducted in compliance with FTA implementing guidelines for NEPA (23 CFR 771.129) and CEQA Guidelines (PRC Section 15162). Project changes that would not result in new significant or adverse impacts as compared to what has been evaluated and disclosed in this FEIR would be evaluated and documented in an Addendum to the FEIR and possibly an Environmental Technical Memorandum as a supplement to the EA in compliance with FTA and NEPA requirements. Project changes that would potentially result in new or adverse significant impacts as compared to what has been evaluated and disclosed in this FOR would be evaluated and documented in a supplemental or subsequent environmental document. A supplemental or subsequent document would be subject to the same noticing requirements as the EA /DEIR and public outreach would be conducted to allow community input and participation. For project updates, visit the proposed project webpage at http : / /santaanatransitvision.com or contact Jason Gabriel with the City of Santa Ana Public Works Department at 20 Civic Center Plaza, M -93 P.O. Box 1988 Santa Ana, CA 92702. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 172 January 2015 75A -230 Santa Ana and Gordon Grove Fixed Guidewav Corridor Comment Letter No. 16 Your written comments YOUR C MM NTS ARE IMPORTANTTO US will be shared with } Project decision- makers Name _,:.r" „- wa . ,y Email city /state/zIp _J7ndn, Phone No. ,_ i ` _i- z_a-T�.. Comments (please print) ewou cli a you to consider the effects It wou _causF'9nd how It would affect businesses, schzMIT, --c arks— antrthuttsabl d. CCTA � Sn nrv� 75A -231 Use Uaekto ConQnue 16 -1 Letter 16 Adrian Munoz 407 Vance Street Santa Ana, CA 92701 Response 16 -1 The EA /DEIR comprehensively assessed the potential for community impacts. The relevant analysis for each of the land uses noted in the comment can be found in the following sections: • Business — 3.3 Land Acquisition and Displacement, 3.10 Traffic and Parking, and 3.16 Construction • Schools — 3.5 Community Effects and Environmental Justice, 3.10 Traffic and Parking, 3.11 Noise and Vibration, 3.12 Air Quality, 3.15 Safety and Security, and 3.16 Construction • Churches — 3.5 Community Effects and Environmental Justice, 3.10 Traffic and Parking, 3.11 Noise and Vibration, and 3.16 Construction • Pedestrians — 3.10 Traffic and Parking and 3.15 Safety and Security • Parks — 3.4 Section 4(f) Resources, 3.5 Community Effects and Environmental Justice, 3.11 Noise and Vibration, and 3.16 Construction • Disabled — 3.5 Community Effects and Environmental Justice Table ES -3 starting on page ES -17 of the EA /DEIR summarizes the potential adverse effects associated with the proposed project, as fully analyzed in Chapter 3.0 of the EA /DEIR. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 174 January 2015 75A -232 Santa Ana and Garden Grove Fixed Guidewav Corridor • Comment Letter No. 17 Your written comments YOUR COMMENTS ARE IMPORTANTTO US will be shared with Name rs A411efF z. E -mail p ro ject decision- makers Address ZLe d S /*V/1E .5T'E'1" City /State /Zfp. 7A ,'AA 4, C,4 9Z0a¢ phone No. )�ww,Ct/�a/ E VErtrr -V G —/ 7: �FStt rN.,, ✓U%Vy` /9� 2a /�, Comments (please print) Z /_ y�s % RO( ! r ! / " L�GI' .r. f r,nr -ar aiovl- P21<ivn,Fx r /F',VA r �r kIfRlE�trC� /R/ Sdi f7.. AXIA. 17' ,AfS OAF d.f/ Ftb,VeWfC au,.-sr.. /~,atiYJ /u,7Y1'(SE�/'OU. B.Pdu /A/ REIJ /ClJ6GLS ?.'�P'F'4 Y.G'k'- /Jh'.ArN �ru4"bLL,Ell77�/4 /,I! ". A Hl w 4-A _V, 75A -233 17 -1 17 -2 Letter 17 Frank Mitchell, III. 1920 S. Greenville Street Santa Ana, CA 92704 Response 17 -1 The support for the proposed project was forwarded to the decision makers for consideration. The comment letter is not directly related to the content or adequacy of the EA/DEIR, and no further response is necessary. Response 17 -2 The Study Area is generally bounded by Harbor Boulevard to the west, 17`h Street to the north, Grand Avenue to the east, and 1s` Street to the south. A connection to Old Downtown Garden Grove is beyond the scope of this project. The suggestion to extend the alignment to Old Downtown Garden Grove was forwarded to local agencies for future consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -234 Pagel176 Public Hearing No. 1 1 SATURDAY, JUNE 14th, 2014,9:25 a.m. 2 •e 2 3 i 3 4 CITY MANAGER CAVAZOS: We are going to go ahead and 5 get started. 5 6 6 So we have an excellent presentation that we've rRxNSCaxex oe: 7 been working on for weeks. This is a combination of years e Santa ana- card¢„ Grove 8 of planning. We have an amazing leadership in the city 9 Fixed Guideway Project Hearing 9 with the mayor and the council. They unanimously supported 10 Saturday, June la, 2014 10 this project. We have Fantastic consultants. We have an 11 12 11 amazing partnership with Garden Grove and the Orange County n 12 Transit Authority. We want everybody to know that, i It 13 The bottom line is, wiry we're bore, we want your la 14 input. We want your input. So if you have information and 16 15 you want to share it with us, that's what this is for. We 11 16 have a 45 -day review period. We've been at this for years, is 19 17 but we have a 45 -day review period, and we have three 20 18 public meetings, one right here by the train station, one al Reported ay: Josephine C. Nokee CSR No. 909a 1 19 in the central city, and then one on the west side, and 2a 20 we'll go over all those dates. 23 Gob No. 1875692 21 I want in make sure that everyone here is an 24 22 ambassador. I want to make sure that everybody knows that 25 Paaea 1 -4a 23 we did an extensive outreach, lots of publications. So Page 1 24 what I thought I would do, maybe Jason can come on up and fi vedsan Naaanal D,rolma a wpweoa 866 sm.5¢7 25 Tanya andjust explain a little bit about the outreach we Page 2 1 did so everybody knows how we got to Communicate. 1 CITY MANAGER CAVAZOS: Also newspaper articles. Do 2 JASON GABRIEL: Absolutely. I'm Jason Gabriel with 2 you want to add anything Tanya? 3 the Public Works Agency, and to get the message out on this 3 T'ANYA LYON: We also posted all of the documents, the 4 project, we wanted to make sure that we bad a very robust 4 postcards, also at every single community center and senior 5 outreach. Throughout the process of developing this 1 5 center that we lurve in the city, as well as 1 believe some 6 environmental document, we've had extensive neighborhoon 6 locations in Gordon Grove, their city hall, our city hall. 7 meetings with all the stakeholders along the corridor that j 7 And ifanyone is interested in reading the actual EDA, ifs 8 we could find. We've looked at business owners. We've 8 listed right them an believe six different locations 9 looked at public agencies, schools. We looked at everybod 9 within the city as well as on -line. We also did send out a 10 we can. 10 press release and will continue our outreach efforts to I I And then leading lip to the release of this 11 communities and businesses along the route and we're 12 document, we focused on identifying all of the folks within 12 matching out to other businesses as well. 13 500 feet of the corridor of all of the potential alignments 13 CITY MANAGER CAVAZOS: 'Thank you. Thank you so much. 14 of the corridor to make sure that we get that outreach out t4 Does everybody have a cam? Ifyou want to give us input, 15 there. That's based On the tax roles from the county, 15 use one of these cards. They're in different languages. 16 identifying each address, whether it's the property owner, 16 Whom is our naoslao,e) We have the 17 and in a lot of cases we tried to identify individual 1 17 hanstaton as set up fo.. Hythady who needs h. 18 tenants Of apartment complexes at least, if not the pCCSOtt, is UNIDENTIFIED SPEAKER: We don't have anybody.I. 19 but at least the relit, so that the notice could go to all 19 CITY MANAGER CAVAZOS: Okay, your¢ good today. You 20 of those folks. 20 getpaidanyway. Don'tworry. 21 So from that regard, we did print that postcard 21 All right I'm going to try to make this full and 22 out several Weeks ago, just at the release of the document 22 entertaining. Thank you for being here. It's a Saturday 23 and we feel that we've dole a lot to get out to the 23 morning, but ifs very, very important. 24 community and gave a lot of opportunities to provide input 24 1 have a lot of light rail experience, a lot of 25 throughout this last four of five years, so. 25 transit experience. I'm a big believer to public transit. Page 3 75A 235 Page 4 I I took the bus for nine years and I took the train for two 1 1 submit commons. 2 years. The bottom line is, I took the bus because I had 2 We really want to get the word out. Today is 3 to. I couldn't afford two cars. I took the train because 3 June 14th, 9:00 o'clock, Garfield Center, here. Tuesday, 4 I wanted to. So I'm very, very excited about light rail ! 4 June 17th, 9:00 a.m. to 12:00 p.m, Santa Ana Police 5 So we'll go through this. I well try and Speak 5 Department community room. And then Thursday at night, 6 loud so everybody hears me. If anybody cannot hear me, le{ 6 from 6:00 to 9:00. So if you couldn't come on the weekend, 7 me know, but I'm going to go slow because there's 7 you want to cone during the day, you want to come at night, 8 translations that may be occurring and we want people to 8 there's three different times for people to give their 9 have an opportunity to hear that. 9 input. l0 So the purpose of the meeting is to get your 10 And by the way, there's not a lot of people here. I 1 input. Someone asked me, what's your preference? I don't I 11 Its not a bad thing, We've been at this for years. We've 12 have one. My preference is going to be the one that the 12 had a lot of communication. We've had a lot of council 4 13 public supports that makes the most sense for a variety of 13 meetings. It doesn't mean that it's bad. I had budget ! 14 reasons and we'll talk about that. 5o after a 45 -day 14 hearings in Phoenix where there's 1.6 million people and 15 review period, we'll make a recommendation. It's 15 five or six people would show up. Why? Because they liked 16 inappropriate to make one now. It's very inappropriate. lb the budget. They were happy with it. They had [hinge to 17 So we want your input. 17 do. When we were cutting the budget my first year, 5,000 18 We do have other meetings. We have two more. I 18 people showed up, okay. So not having a thousand people is !, 19 really worked hard to make sure we had multiple meetings D 19 not a bad thing. I want people to know that. I 20 everybody has an opportunity at different locations, 20 Next slide. We have the environmental assessment 21 different times. I don't want anybody to say that they 21 and the DEIR available at several places. Do we have a 22 didn't have time to come to the meetings. There's three 22 copy here? 23 different meetings. We'll talk about the locations where 23 TANYA LYON: Yes. 24 the environmental assessment, the Draft Environmental ! 24 CITY MANAGER CAVAZOS: And then, Tanya, why don't you 25 Impact Report is located, and then we'll talk about how to 25 pass them around so people can thumb through it just to see Page 5 Page 6 '. I it, but we have this available if you want to go look at 1 and Santa Ana - Garden Grove of course is what we're here ti: 2 it. We have it available on -line. We have it available 1 2 talk about today. 3 all these different locations, right. 3 When I went to visit OCTA, I noticed that every 4 It's a very interesting document. There was a 1 4 single element of the vision was being fulfilled except for 5 lot of work that was involved, a lot of work that was 5 one, no light rail. So here we are today. If we can do 6 involved. The consultant and due team did a great job, but 6 this, that hull vision will be achieved. So here's the 7 these are all the places you can go to. You can go to the 7 vision, an integrated and balanced transportation system 8 public library, Rosita Park, the transit stamen, Garden 8 that supports the diverse travel needs and the character of 9 Grove City Ball, Orange County Transportation Authority, 9 Orange County, and then we have the mission, develop and l0 and then it's on -line, and so those are all the places that 10 deliver transportation solutions to enhance quality of life 11 it's available. 11 and to keep Orange County moving. 12 Next slide. This project background is something 12 Next slide. So it started in 2007. Modem 13 that the voters wanted. This is an initiative that was ! 13 streetcar system was one of the two rail projects selected, 14 approved by the voters and it was Measure M and it was !! 14 as I mentioned, and then we began the analysis, 15 voted on and it was initiated in 2006. It's a partnership !i 15 environmental review, five years ago in 2009, and we 16 between Orange County Transit Authority and local cities. !! 16 finished that in the fall of 2012. 17 We have to foster transit connectivity and expand the reach 1 17 This is a study area. We have a nice map here. 18 of transit so everybody can use public transportation to ! 18 We've got lots of places to see it. But if you look at the l9 gel to their place of worship, to their job, to where they 19 boundaries, 17th Street/Westminster Avenue on the north, 20 work, all different kinds of things. And we wanted to, the 20 First Street on the south, Grand Avenue on the east, and 21 goal was to identify the best projects for consideration. 21 Harbor Boulevard on the west. It's about 4.1 miles, 8.2 if 22 There are 35 submitted. 31 of them related to buses and 22 you take it back and forth from the farthest points. 23 shuttles and there were fear rail projects. 23 Three different alternatives were considered. 24 Next slide. Two of them were selected for ! 24 One was the bus, rapid transit, and then of course, the 25 further consideration, Anaheim and Santa Ana- Garden Grove 25 streetcar. You do have different alternatives and we want Page 7 75A 236 Page 8 I your input. Jason, show them the card again. 1 smaller amount of parking, but you can still have parking 2 JASON GABRIEL: Here are the cards. ! 2 in the vast majority of cases on both sides of the street. 3 CITY MANAGER CAVAZOS; Tell us what you want. ]want 3 so there are options there for us. 4 streetcar one. I want streetcar two. I don't want any 4 No. 2, it will operate westbound on Civic 5 streetcars. Whatever it is, just tell us. We want your 5 Center and eastbound on Fifth Street, but there are some 6 input. We need your input. And you don't have to do it 6 challenges. Longer, more circuitous route. The longer j 7 today. You can think about, have a meeting, talk to your 7 route means greater costs, about seven percent higher 8 friends, take a vote, and then send it in by email, fax, 8 costs, and it does have a little bit of a more significant 9 etcetera, at cetera. 9 rider impact for streetcars. 10 And here are the challenges and the benefits for 10 And then there's the bus option. Of course, your 11 streetcar alternative one. One benefit, it serves the 11 capital costs are going to be lower up front because buses 12 greatest number of transit dependent households. There's a i 12 are cheaper than the light rail vehicles. It doesn't 13 lot of people that depend on transit. Highest daily 13 require any additional right -of -ways. There's really no 14 ridership. One experience I have is that whatever your 15 ridership projections are, they're usually overachieved. J 14 adverse impact on the environment. But the challenges are, 15 it's the lowest daily ridership, so the impact on ridership 16 if they say they're going to do this, it's going to be much 16 is not positive. Buses are smaller, less capacity. 17 greater. People are always worried about ridership. I 17 They're less efficient. The boarding is not as convenient 18 guarantee you, its going to be full. The people are going 18 and it provides very, very little economic development. 19 to use the Hain, the light rail. Operations and 19 In general, economic development should not be a 20 maintenance costs are one of the things that we focused on 20 driving force, but if you live along the light rail or have 21 to keep those costs low, and of course what is the best 21 a business there, the economic impact is usually five to 22 land use. 22 one. So for every dollar invested in infrastructure, you 23 Some of the challenges are, it does impact some 23 get about a $5.00 return. That's a general role of thumb. 24 parking. The good news is, the streetcar, because it's in 24 Some places are lower. Some places are higher. But that's 25 the traffic lane, you could still have parking. Maybe a Page 9 25 in my experience what I've seen. Page to !i I So why the streetcar? They're very reliable. I 1 1 director. I don't think half of them knew it, bill when you 2 remember when I lived off the streetcar in Phoenix, I told ! 2 look at this, there's two cities in America that are among 3 someone out of my bedroom window, I actually could see the 3 the top 15 in density. They're both in Orange County and 4 station and I would send a text and they would say that a 4 they're the only ones that don't have a streetcar or light 5 streetcar would be there in five minutes. I'd look in the i 5 rail. And Santa Ana's No. 4. Almost 12,000 people per 6 mirror, go like this, walk down my stairs, go down the ! 6 square mile. This is a very dense city. Poster child for 7 stairs and across the street, and the train's waiting for 7 a streetcar. We're in between Boston and Chicago. Very, 8 me. Isn't drat beautiful? 8 very interesting. So there it is, density. 9 Who takes the bus here? Nobody? You do. I used 9 How do the costs compare? Well, when you look at 10 to wait at the bus. It was like an eternity. When's it 10 a house or look at something over the long tern, you have I l coming? When will it get here? You never know. But the 11 to take all the costs into consideration. What you £tad 12 trains, they run on time acrd it's awesome. Very friendly 12 out, for what I believe is a very, very high level of 13 environmentally obviously. It does foster walkability, 13 service, the cost for the streetcar is right in line with 14 more pedestrian. 14 the cost for the bus. So the total cost over 25 years 15 Again I mentioned the economic development. And 15 capital, O & M, for the bus is 363. You can see the 16 it's very compatible with the scale and the character of j 16 streetcar one is 361 and the streetcar two is a little bit 17 the city. Especially Santa Ana. Santa Ana used to have a 18 streetcar. I remember working at the library, and it had a !! 1 17 higher. And that's our study and analysis, and so we 18 believe that when you look at the costs, the streetcar 19 nice streetcar, a red streetcar. It used to go down Fourth 19 actually can come in either the same as the bus or in some 20 Street. j 20 cases even lower. 21 This is something that's really, really 21 Next slide. One of the things that we did with 22 surprising. Who's seen this chart? Density. Density is 22 Orange County Transit Authority is we said, we're partners. 23 like the driving force behind mass transportation. The 23 Partners meaning that you have a partnership of 24 higher density, the higher need for mass transportation. I 24 participation and so we agreed that 10 percent of the net 25 showed this to the Orange County Transit Authority board 25 cost that Santa Ana world participate in is estimated at Page 11 75A 237 Page 12 -- ------- .---- - - - - -- - - -- I between five or 600,000 once this is up and raining, and I National Environmental Policy Act and the California 2 the city council, based on my recommendation, voted 2 Environmental Quality Act requirements. That's why it 3 unanimously to support that. We sent that to the OCTA. 3 takes five or six years to get this done. You have to do a 4 They're doing a study right now to look at implementation 4 really good job in analyzing all of these impacts. 5 options and also a financing plan, but it's really good for 5 So when looking at the route, we want to make 6 them to have a commitment from the City of Santa Ana for 10 6 sure that we serve the people, especially those that are 7 percent of the costs, so there it is. 7 transit dependent, people that need a bus, people that need 8 We also are looking at options. Of course we're 8 a train. Not everybody can afford a car. Cars are 9 working with the Transit Authority. We're looking at local 9 expensive. Gas is like, wow, forget about it. It's really 10 Measure M2 monies that come in, federal fiords. Again, this 10 expensive. I was talking to someone this morning and they 11 is a very, very desirable project from a transit I 1 were telling me they bought an electric oar, and lie goes, 12 perspective at the federal level, state funds, the fare 12 wow, my electric bill went up, but my gas was four times ash 13 box. We can get advertising fees and also we can look 13 high. So it's really saving money. This train system's 14 towards developer contributions. A lot of times they will ( 14 going to run on electricity. 15 contribute to the projects, which is really good. j 15 Ease of use and ridership, nice stations. People 16 So what is the purpose of the environmental i 16 can put their bike in there, people that have accessibility 17 analysis? We want everyone to know that the environmental 17 issues, it's better for them. We want to get people's 18 input from the communities, and of course the economic l8 analysis is focused on the following key areas. What's the j 19 effect on the community? What abort cnvironrnentaljustice, 19 development potential. 20 visual quality, cultural resources, parking, noise and 20 So what's happening in the future? We've got 21 vibration, air quality, and construction. All of these are 21 more action. After we get your input, we're going to 22 things that we are considering and getting input on in 22 review it, we're going to look at all your comments, and 23 terms of what we look at. And all of this, and everything 23 then we're going to make a recommendation to the city 24 that we're doing, that's why it takes so long, its taken 24 council that this is the local preferred alternative. This 25 years, years to do this, and it's in compliance with the 25 is the route that we're recommending and here's the reasons Page 13 Page 14 r t why. So that will happen in August. 1 you want as to be to get your comments. You can give it to 2 And then we're going to go back to our partner 2 us today, just hand it to as, right. Who can they give it 3 with the Orange County Transit Authority and acknowledge j 3 to? 4 that we've completed the step to make sure that they're 4 JASON GABRIEL: Just leave them here and we'll collect 5 also in agreement, and then right now it's scheduled for 5 them. 6 October. Maybe we can do it sooner, and we can go ahead 6 CITY MANAGER CAVAZOS: You can mail them to us. You 7 and certify the DEIR based on the input that we got. And 7 can email them to us. You can fax it to us. You can give 8 than our goal would be in October that the Federal Transit 8 it to us on-line. And they can give it to us now. We'll 9 Administration would find no significant impact, and rhea ! 9 take thorn verbally eight up to speed, perfect. Does 10 based on what else we picked up determine the schedule, 10 anybody want to talk to the court reporter? I l financing, and implementation and we go to work. 11 MADELEINE SPENCER: Yes. Also are we having public 12 Now, I will tell that you we have done such a 12 comments or is that not happening bare right/ now? 13 good job that the Federal Transit Authority tools three days 13 CITY MANAGER CAVAZOS: So who wants to make public 14 to review our environmental document and said, go ahead and 14 comments? Okay. Can you do that? Can you take her 15 release it. So that's a good, good sign that we've done a 15 comments? Okay. You first, Madeleine. 16 lot of good work. 16 MADELEINE SPENCER: Okay. You want me to give my 17 We're going to address every single comment here 17 public comments? 18 in the public review process. We will certify the 18 CITY MANAGER CAVAZOS: Yeah. 19 environmental document, again posting TAa and a finding 19 MADELEINE SPENCER: I'mjust going to start with just 20 plan, and wa71 do a fending agreement to make sum that 20 where we are right now, which is in this room. So this 21 there's no confusion. We'll do construction and then 21 meeting today has about probably 10 people in it. You said 22 operations of course will occur probably a couple years j 22 that there's not a single person in here who needed 23 later if everything goes according in plan. 23 translation. 24 So we want your comments. Give us your input. j 24 There is -- 1 see one of the property owners who PHI -i 25 IC's a quarter to 10:00. We'll be here until however long 25 have a business downtown mid there's a new person hero who Page i5 75A-238 Page 16 I I spoke to from Oregon, and I live in the French Park 1 I took the actual transit system tour with Jill 2 community. I know that this guideway's going to come 2 Arthur before she was fired and I heard exactly what the 3 through. I never received and I know that multiple people 3 idea of this transit system being for was, ajudge from 4 in my neighborhood never received any kind of flier for 4 Dana Point -- these are her words -- coming down to Santa 5 this meeting, and I got mine from a community center, so': 5 Ana and that being judge being able to go to work from, 6 that part is also tine. 6 first come down the Metro Line, come to work, get on the li 7 Many of the people in this city it's known are 1 7 transit system, go up and work at the courthouses. Then be 8 renters. They're not actually property owners. So. unless 8 taken back downtown to go to hmch and then be taken up to 9 you guys are doing outreach to property owners, you said PHI -+ 9 our, which we don't have now, W ihowick Golf Course to play 10 that you guys went to neighborhood associations. There's 10 a round of golf. 11 64 neighborhoods in this city, and of those there's 11 Now those things -- oh, and Tallahassee, j 12 probably about 15 that are active neighborhood 12 Tennessee, she says if there's people who come in from 13 associations. So I'm curious to larow specifically what I 13 Tallahassee, Tennessee, to Disneyland, that maybe, you PH+a 14 were the neighborhood association groups that you guys 14 know, one day they don't want to go to Disney. They just 15 spoke to on this fixed guideway. 15 want to come to downtown Santa Ana and have a good time at 16 The other questions that I have have to do with, 16 the nightlife. So this transitory is not specifically 17 we'll start with the article that came out recently that it 17 being made for the people who actually live in the City of 18 was talking in the Register of the differences between this 18 Santa Ana and it's not going to connect to what's happening 19 project and the project that actually is being done in 19 in Disneyland. 20 Anaheim or is being talked about. And I want to know for 20 And it says it's for bus averse riders. Now the 21 the same reasons that Tate described how that's not going 21 demographic of this population here, everybody in this 22 to be happening here which is, he said, years of disruptive 22 room, one person said that they're a bus rider, but the PHI-a 23 construction, traffic congestion, mostly empty streetcars, PH1.e i 23 population of the City of Santa Ana, there's a vast number 24 injured residents and a money pit residents cannot afford. 24 of people that ride buses and none of them are in this 25 Vintage trolleys that cater to tourists. 25 room, so, and there's a lot of things that could be done to j Page 17 Page 18 1 actually help our bus systems here. 1 here. 2 We have -- it says, spur economic development. 2 This also creates a safety issue. They've shown 3 Now you know, for big buildings like Mike Comes's 3 that these guideways lots of times are hitting people and 4 building, downtown you have to have a certain number of 4 there's an actual school. In one of the routes that you P a 5 occupancy before you can actually make that building. I 5 guys are describing, there is actually a school that 6 would like to know the number of businesses that are 6 children are going to be walking across this line. So 1 7 planning on coming in according to the plan that Mr. Polido 7 have questions about that. 8 says are going to be along this transit system because if 8 And then the other thing is -- oh, another thing 9 we don't have occupancy, I don't know in what way all thes j 9 is properties. In this city, talking about businesses, we 10 businesses are going to flock to Santa Ana to come up aloe t0 have about 242 properties with 781 spaces that are vacant 11 this rail. Pn1> t 11 in the City of Same Ana and chat's commercial, retail, and 12 Tate said, I worry about seeing empty streetcars. 12 industrial spaces. Those spaces are not filled now. We're PHI$ 13 Streetcars are fixed, and once you put them in, you can't 13 losing money and tux dollars on those spaces and we're 14 change the route to meet the demand. Morlock says that 14 talking about bringing in new businesses. Why not fill up 15 it's novel. It's not safer than a buts. It's not more 15 the spaces that are already vacant in the city with 16 flexible than a bus. 16 businesses so that we can actually take care of that, 17 240 million dollars in investments is going to 17 And in San Francisco, there was something called 1.8 help to shape the quality of life in Santa Ana. Now 240 18 the Six Big Winds with breakthrough communities and one of 19 million dollars in investments, we were at a meeting to get 19 the things that they were required to do when they put in 20 STIP funding so that people would stop getting hit because 20 their transit system was an equity analysis. And I'm just 21 people are regularly bit on streets here, on body their PHi -5 PHI -T i 21 going to tell you guys, an equity analysis, what exactly is 22 bicycles and in walking, and they said in Orange County, it 22 that? It's an executive order that was codified with a 23 was Lucy Dunn said, I'm sorry, we are broke in Orange 23 renewed concern about the effects of government activities 24 County, and WC cannot actually give STIP funding to help ' 24 on minority and low income populations. It states that 25 the number of people that are dying walking across streets 25 each federal agency shall make achieving environmental Page 19 75A 239 Page 20 I justice part of its mission. You said that there is an 1 documentation showing that that is in fact the case, and to 2 environmental justice component in this, but specifically 2 prevent the denial or reduction in a significant delay in 3 these would be qualitative measures, but the renewed 3 the recipients of benefits by minority and low income 4 concern for equity impacts of government actions -- !i 4 populations. 5 THE COURT REPORTER: Pu sorry. Can you slow down 5 So there's nobody in this room, although the city Poi-7 6 just a little bit. j 6 is 80 percent Latino, there's nobody in this room that aom. 7 MADELEINE SPENCER: Yeah, actually you know what, I i 7 needs the equipment that's in the back, which shows that i 8 will write in specifically what I'm saying so that you have 1 8 there's actually something wrong with the way you guys are t 9 it i 9 doing outreach, and if there's about 10 people in this A ] 0 THE COURT REPORTER: Okay, thank yon. Fin-7 10 room, it's not because everybody's happy. That's all 11 MADELEINE SPENCER: But a renewed concern for equity I I CITY MANAGER CAVAZOS: Thank your so much for those 12 impacts of government actions has strong resonance in the 12 comments, and if you can put those on a card, that's great, 13 transport policy arena because in transportation, 13 Otherwise we'll do the best we can to capture the 14 throughout history, it's been used to affect minority { 14 information and that will be pert of the record and then 15 populations, and this actual study would help to avoid and 15 well respond to each of those comments. Thank you very t6 minimize and mitigate disproportionately high and adverse 16 much. 17 human health environmental effects, including socioeconomic 17 UNIDENTIFIED SPEAKER: Ijust want to say one thing, 18 effects to the minority population and low income 18 that I agree with the one tiring Chat Madeleine said was 19 populations to ensure full and fair participation by all 19 that I also live in the area and I never received anything PH1 -8 20 potentially affected communities in transport and decision 20 in the mail and I am a property owner. I did get 21 making processes. 21 everything by email So if the outreach is by mail, just 22 This transit system actually goes in the opposite �'. 22 try to stay a little bit more on top of that. 23 direction of where most people in this city go to work, 23 But I would like to know if you've already III 24 which is the other way. So if these things have been 24 figured out how much it would cost for people to take the '�.I PHla 25 checked in those neighborhoods, there would actually be 125 light transit because I think the majority of the people Page 21 Page 22.. ' -_ _. u 1 that will be using it will be the ones that take the bus. i I respond to as part of the Environmental Impact Report. She 2 And then also the stops along the route, I think it would 2 had dozens of questions in that statement, Some of the 3 be nice if they were all in conjunction with the normal bus 3 information we don't have. For example, just as an 4 stops so then that way people will know. 4 example, I don't know what the cost is going to be. We 5 1 personally think it's a great thing. I like 5 don't know that yet. That's part of the financing plan '.. 6 No. 2 better than No. 1 because it's going in go down PHLB =lit 6 that OCTA is doing. I will tell you that historically it's 7 Fourth Street. And I think the reason why a lot of people 7 been a little bit higher than tie bus, but it's not been 8 aren't here is because it's Saturday morning mid I 8 something that has been a detriment for people to use. So 9 straggled to get here myself. 9 go ahead. 10 CITY MANAGER CAVAZOS: We have three different 10 UNIDENTIFIED SPEAKER: I'm just saying, this is kind It options. 11 of the first real experience I've had with this plan, so 1 12 UNIDENTIFIED SPEAKER: You said you liked No. 2 12 was curious if there's going to be a Q & A session 13 because it goes down Fourth Street? 13 afterwards because I had a couple questions. 14 UNIDENTIFIED SPEAKER: No, No. 1. 1 don't like the 14 CITY MANAGER CAVAZOS: Oh, you can stay afterwards am l5 one going down Fourth Street, 1 15 we can do that. It just can't be part of the public record 16 UNIDENTIFIED SPEAKER: Okay. I1 16 because this is input. 17 UNIDENTIFIED SPEAKER: I have a question. i i 17 Yes, sir. 18 CITY MANAGER CAVAZOS: And we would love your 18 UNIDENTIFIED SPEAKER: I did receive the notice in the 19 comments. Let's go in order. Madeleine first. You're 19 mail. 20 next. 20 CITY MANAGER CAVAZOS: Good, Congratulations. We gc 21 UNIDENTIFIED SPEAKER: Ijust wanted to know, is there 21 a hit. 22 going to be a Q & A after this? � 22 SEAN POUCH: 1 live right on Smrla Ana Boulevard so I 23 CITY MANAGER CAVAZOS: There's no Q & A. We've been j 23 would be directly affected by this. I grew up in San Diego Puh -w 24 at this for five years. Any kind of question that you j 24 and I'm a big Fan of the streetcar system down there. I 25 have, we're going to document and then we're going to 25 went to San Diego State and the streetcar was finished a Page 23 -240 Page 24 75A I year after I graduated, so I never got to take advantage of 1 talk to you after the meeting. I have a lot of experience 2 it, but it was a great tool because parking there was 2 with these projects mid how well they've done and I'll 3 hysterical. I 3 share that with you after the meeting. Here we're just 4 My statement or I guess my question or however, ! 4 getting input. Anybody else have input? Yes. 5 as this project develops, there's opportunities for retail 5 RUBY CARDENAS: My name's Ruby Cardenas. I'm on the 6 to develop jobs. One of the main reasons I moved here was 6 Environmental and Transportation Advisory Commission, and I 7 the Center Line project, which was a predecessor of this 7 mean we've talked a lot about this project. I have 8 one, but the opportunity for retail along Fifth Street, if 8 pemonally some concerns. I live on Santa Ana Boulevard, 9 Fifth Street is the corridor for return, that could 9 and I know there's two schools right next to each other 10 activate a very dead street as well as the train station PHI -to 10 Romero, and I can't remember die other one. PHI -11 1 l which is -- and you've heard me say this -- its our most L0f u. 11 UNIDENTIFIED SPEAKER: Harvard. 12 under-utilized asset. So I'd love to see retail, and you 12 RUBY CARDENAS: Yeah. So its a concern with safety, U know, biggest level of affordability homes there, just to 13 you know, how fast is this transportation going to be going 14 create a sense of activation, 14 through that street, and also the parking. Parking is also 15 The problem is, one of the comments I've heard 15 already an issue. You have to schedule in your visitors, 16 about this development is that it's a streetcar to nowhere. 16 so that way you have parking on that street. � 17 1 would definitely use it to go downtown. By the time it's 17 Also one of the major concerns with this j 18 completed, I will probably qualify for the senior discount, I 18 transportation is, like Madeleine had pointed oat, is it 19 but I don't know anybody who is like, hey, let's go to 19 going to help the community that's taking the public 20 Garden Grove, right. I rmderstand it's going to be a 20 transportation? And something to take into consideration 21 transportation hub, but ultimately I would love to see the 21 is, if you pay, for example, a bus pass, is that going to Pal -12 22 city, at least our end, capitalize as we're putting down 22 help you be able to use this, that it's interchangeable, 23 the effort to create tax revenue over at the train station 23 because if it's an extra cost, I really don't see how 24 as well as at the past stops. So thank you. 24 people can take advantage of it if its to get to work or 25 CITY MANAGER CAVAZOS: Again, not a response, but I'll 25 to get to whore they need to go to. Page 25 Page 26 1 I would also prefer if -- I would prefer a whole F in conjunction with those events because Fourth Street is 2 other option, but thaPs not one of the alternatives, if it PH -t4 2 usually closed off due to the awesomeness that happens 3 would have been Civic Center since it's already a street j i 3 there. 4 that's pretty open, there's no parking on parts of the 4 CITY MANAGER CAVAZOS: Sure, those are all operational 5 street, but alternative to going through Fifth Street. 5 issues. Again, I can't answer questions. I'll be happy to 6 Like you had pointed out, there's so much of Santa Ana 6 talk to you after that. 7 that's not utilized, like even having restarunms in front 7 SEAN PULICH: And these are just things that Pm sure PNid3 I 8 ofrlte courthouse, you know, ifs a beautiful courthouse, 8 slot of people wouldjust be curious about Ihave no 9 and so I would also prefer that option. 9 idea. 10 1 know with the committee I'm in, with ETAC, 10 CITY MANAGER CAVAZOS: In my experience we have had, I I we've been wanting to have a meeting where we could voice I 1 again, in Phoenix, we had parades, we had marathons, we had 12 our opinion about what altemative we prefer. I would like 12 NFL games, we had NBA basketball, and we were able to 13 to -- I know because we were having these meetings, we 13 manage all that It works. 14 didn't want to confuse the public, but if there's a way we 14 Open comments about the options and the transit 15 could have this meeting after these meetings are done, l 15 authority? 16 think unit's a request that I would like to have. I speak 16 RUBY CARDENAS: I forgot something, too. 17 probably for the group because in our last meeting, it was 17 CITY MANAGER CAVAZOS: And your name again because 18 something we really wanted to do. 18 this is all official 19 CITY MANAGER CAVAZOS: Thank you so much. Anyone else � 19 RUBY CARDENAS: Again, it's Ruby, last something to 20 that wants to make their comments to the public, we do have 20 also right now that you brought up Fourth Street, if 21 a court reporter that will take your comments, and again, 21 there's construction and how long it's going to be, I PHl -15 22 you can onmil, fax, 22 really think its going to impact the businesses there, 23 SEAN PULICH: I did have one concern. With the 23 rather Fifth Street that's not as much used or there's not 24 (inaudible) and the Ciaco De Mayo events, ifyou guys do go PHI 14 ( 24 a lot of businesses. 1 don't think it would be as 25 down Fomth Street, I wasEut curious how that would work 25 impaoted. Page 21 75A 241 Page 28 1 Also, l don't know If its misleading. On a lot 1 nice about it. So who hasn't spoken yet? We want to get 2 ofthe advertising, it already has it on Fourth Street, so 2 your comments,. Because the real goal here, this is a very 3 it gives flits impression, like the picture that you used at PHl -19 i 3 scientific approach. This is not a meeting to get applause i 4 the beginning ofthks power point, that was also utilized 4 and snaflike that. We want to get your input. We've 5 in the newspaper and that was also on the web site, it has 5 spent millions and millions of dollars W get the 6 it on FotvM Street So people when they see that, they 6 environmental assessment done. This is a very serious 7 already assume that its already set up. 7 project. Sown have to get the input. We have a court 8 CITY MANAGER CAVAZOS: Do you notice anything? We had 8 reporter and we have to respond to it, and all of those 9 to pill a picture somewhere. Historically they had a 9 comments will go to the federal government as part of out 10 streetcar that was once on Fourth Sneer so we chose that, 10 submission. Yes, sir. I I but it's one of the options, but all of the options are 11 PAUL YANEZ: My name is Raul Yanez. I'm a business 12 what we want to bear about Rom you today. 12 and properly owner here in downtown Santa Ana for 35 years. 13 RUBY CARDENAS: And also making it a little bit mom 13 You were talking about meetings that you already had with 14 attractive. I don't know if it'sjust like a generic one 14 the associations in the community. I never seen any Parts 15 that yodre using for advertising, but making it mom PHI -17 15 information about those meetings like Madeleine says. This 16 attractive for people to want to ride it. A lot of people 16 is the first time that I hear about this meeting and that's 17 don't want to ride public trmhsportation because they have 17 why I'm over here. 19 negative connotations of people who have never taken it. 18 My concern is that, I'm concerned about the j 19 CITY MANAGER CAVAZOS: So make the train more 19 streetcar going on Fourth Street. Back in the eighties we 20 attractive? 20 had remodeling on the street. It just mined the business 21 SEAN PULICH: Make it gold. 21 for whatever time it takes. But back then in the eighties, j PHI -19 22 CITY MANAGER CAVAZOS: We can vote on colors later 22 the economy was really good. These days the economy's 23 once the train Is done 23 really, really bad. It's getting better, it's there, but I 24 Okay, anybody? Hold on a second. We got to go 24 think it's not the right time. Well, if you choose -- 25 m order here. So we want your comments, and that's what's !i, 25 which one is the one on Fourth Street, No. 2, No, 1? Page 29 Page 30 I CITY MANAGER CAVAZOS: Just tell us what you want. Wei 1 years? Five years. How many millions of dollars? 2 just want your input. 2 Millions of dollars. And we've gotten all the input and 3 RAUL YANEZ: I would like No. 2. PHt -r9 3 now these are the options and this is what we're presenting 4 CITY MANAGER CAVAZOS: No. 2? 4 forward and we want to have three of these meetings to get 5 RAUL YANEZ: No. 2, yes. 5 people's input. Do you like No. 1? Do you like No. 2? So 6 CITY MANAGER CAVAZOS: You want No. 2? 6 we have to take all of that and then put it in a body of 7 RAUL YANEZ: No. 2, which goes on Third or Fifth 7 paper and I can't do the Q & A because I don't have the 8 Street. 8 answers to all the questions. We actually have to sit 9 CITY MANAGER CAVAZOS: That's what we wanted. We 9 around a table and document it. You mentioned 400 10 wanted your input. Okay, who hasn't spoken yet? 10 vacancies, 300 this. I don't have all the information. 1 11 All right. Now we're going to go to people who t 1 I. After this meeting, Fm willing to stay with 12 spoke already if they want to talk again, Go for it. 12 anybody to have a friendly conversation, just to talk to 13 TISH LEON: I'm actually in the downtown neighborhood 13 people about their questions, and I will do the best I can 14 association and I was actually involved with this at the 14 to answer, but it's not part of the official record. 15 very beginning when they called certain community leaders 15 Because we've been doing it for five years and we had 16 to be in the steering committee when this was just a 16 public meetings, we had public hearings, we've had several 17 concept. I forget what year. And I've been to numerous 1 17 council meetings, and we'll have more, but it's just not 18 Q & A's, but what's really bothered a lot of people is like �!i PH'-20 18 part of this process. This is for public input. 19 because many of you, this is the first time you've been 19 TISH LEON: Right. Well, that's what I was saying, 20 here and so you can't get the answers W your questions 20 because I was part of it at the beginning when we had the 21 during this, and I know that this bothered some people when � 21 round table at the community center, but it's really 22 it was at the Amtrak station a couple of years ago, and so 22 unfortmrate because Santa Aim, I mean so many people com 23 hopefully you can have another Q & A. 23 and go and then there's new people and then they have these 24 CITY MANAGER CAVAZOS: I can't really -- so what's , 24 questions and concerns. 25 happening here is that we've been doing this for how many 25 CITY MANAGER. CAVAZOS: Absolutely. Page 31 Page 32 75A- 42 i I TISH LEON: And so, you know, I'm jus0looking at 1 I'm relatively new to Santa Ana, I don't know all the 2 their point of view because I did have that opportunity, 2 details, you're talking about prefer alternative No. 1 or 3 you know, being a resident of downtown, and knowing that 3 alternative No. 2, but the thing that's always been a 4 its going to impact me, favorably I hope, but you know, 4 question in my mind is Santa Ana Regional Transportation 5 I'm just thinking of those few that say that they've never 5 Center is like die transportation hub closest to John Wayne PH1 21 6 seen it � 6 Airport and I just never understood why the two haven't r. 7 CITY MANAGER CAVAZOS: That's why we have the book. 7 been connected. Every major airport in America has a train 8 All of the -- excuse me. Pm not done talking. 8 conning into it because it's just connecting those urodes of 9 The book talks about all the options, the 9 transportation and it's always baffled me that we've never 10 concerns, the alternative analysis, the environmental 10 had that. Maybe John Wayne like was a project and then it I l impact, and there's hundreds of pages here on comments, 11 got killed, but I'm just curious why this was kind of put 12 demographics, socioeconomic data. It was all captured as 12 forward instead of like an alternative to that project. 13 part of those meetings mid now it's available for public 13 CITY MANAGER CAVAZOS: So I'll talk to you about that I 14 review. 14 afterward because 1 can't answer that question now. We 15 And 1 was a huge proponent of having those 15 don't have an option to go to the airport right now. 16 meetings. We wanted more meetings to give land 16 Madeleine? 17 opportunities for people to give us their input and I'm 17 MADELEINE SPENCER: There was three other things. 18 willing to meet with anybody, any stakeholder, and sit 18 There's three other questions that I have. One of them has 19 around and talk to them, but what we really need now, now 19 to do with, I actually went door to door to the businesses 20 that we have the alternative analysis and the DEIR and the 20 on Fourth Street and every single one of 60 of those places PHI-22 21 options, we need your input on which option, if any, you 21 had never heard anything about the possibility of this 22 like. That's what welts doing. But if we wait five years, ''. 22 project going down Fourth Street, which would potential ly 23 we have to do a whole other book 23 impact those businesses a lot and already many of those 24 Who hasn't spoken yet? Yes, sir. 24 businesses are impacted because the daytime traffic has 25 SEAN PULICH: One thing I'm thinking abort here, and I PHI -21 25 slowed down, and I'm curious why exactly, those business Page 33 j Page 34 i — 1 owners, it seems like they would be flocking to hear about PNt,22 1 in that neighborhood as well and spoke to people and they 2 the potential of like this kind of constnictiou work ou �i. 2 had received letters from the city saying that they had 3 these streets, 3 five years to move out of their homes and that was really 4 The second question I have is about parking, and j 4 interesting to me because that's a use of eminent domain. PHI-24 5 on Fifth Street, when we took that tour, we saw that 5 So the question is where are -- I think that 6 there's these small houses and there are no back areas for i 6 there's some serious things going on here that I have a lot 7 them to park, and we asked her specifically, where are 7 of questions about, and if we need to bring all of this 8 people supposed to park down further on this line where 8 stuff in as proof to the city so that you can take a better 9 there's these small houses? And I live in a neighborhood PHl -23 9 look and do this equity assessment, I think that that would l0 where we get ticketed regularly. If we have friends over 10 be great. ll -- I actually have a garage, but if there's friends over, 11 CITY MANAGER CAVAZOS: Yes, sir. 12 they get ticketed on our streets in Santa Ana for visiting, 12 SEAN PULICH: Sean Pulich again. I think all this 13 so it makes it like, oh, we don't want to come over and 13 information would be very useful on the web site. I think 14 visit your house because we're going to get ticketed. And 14 the web site could probably use some updates. It's still 15 then on top of it, you're going to be taking away just the 15 using flash. It's not very mobile friendly. 16 parking that is there for the houses that are there. 16 But in terms of adding value to this 17 And then the third thing is the Willowick, this 17 transportation, I've regularly taken Amtrak or Metrolink PHH�25 18 piece of land, I know it belongs to Garden Grove, and I'm 18 to L.A. or into downtown San Diego and Metrolink transfer. 19 really curious how, I know it's within our jurisdiction, 19 to the red line or any of the subway cars in Los Angeles. 20 but what are the city's plan in terms of development and 20 Adding value as traffic, as more people start moving to 21 how is also this development going to impact the Santa PHI-24 21 Orange County, if we can also work with Amtrak and 22 Anita neighborhood which is adjacent to it, which has a 22 Metrolink to make sure that we increase ridership on the 23 gang injunction. The only gang injunction in this area is 23 streetcar and make sure like Metrolink transfers to the 24 on that neighborhood and how is this whole process going t 24 streetcar as well, and even Amtrak, I'm not sure if that 25 impact that neighborhood? And I actually went door to doo 25 would work out, but just the idea of having those two be Page 35 75A 243 Page 36 — PHt -25 COOL - - -- I transferable, instead of having to go to a kiosk or. So 1 until about 200 o'clock in order to bring back and take 2 that's just suggestions. 2 people from the nightlife in Santa Ann. If this is going 3 CITY MANAGER CAVAZOS: More of a statement than an 3 to occur, l think OC'fA needs to really look at doing that 4 answer to your question, We have Orange County 4 with all the bus systems. There's people that get out of pl '27 cant 5 Transportation Authority and that's one of the .'..sons why 5 work at 11:00 and they miss the last bus and that's it. 6 the city wanted them to be the lead agency so they can 6 You know, l wouldn't find it fair that we have a light mil 7 coordinate all of those issues. j 7 traveling at the lasq you know, batch is at 2:00 o'clock, 8 Questions about the project or comments abort the g but all of the other transportation around finishes at 9 project? Input, public input? Yes, sir. 9 1 h00, so it's something to consider, 10 UNIDENTIFIED SPEAKER: How long will it take from I PHI -R6 Ill CITY MANAGER CAVAZOS: Thankyea. Any other comments 11 start to finish? 11 for the public so wa can include it in our Environmental 12 CITY MANAGER CAVAZOS: Well, we don't -- I can tell 12 Impact Report? l3 you that afterwards, but we wanted your input. If you want 13 Also, the next meeting again -- let's go through 14 us to answer that question, we can, but 1 can give you an 14 that schedule. Lars put that back up, whoever's doing the 15 idea afterwards, We want input on the options and the 15 schedule. I think its like the second or third slide. 16 alternatives. If people have questions, we'll document 1 16 There it is. 17 them and well answer them as part of the report. And 17 So our next meetings on June 17th, and firers at 18 what's good about that is everybody sees it, everybody sees 18 the Sane Ana Police Department, and three on Tuesday at 19 it, and the answer is a professional answer that is based ! 19 9:00 o'clock in the morning. So if people didn't want to 20 on information, and when we answer the question, we'll have 20 come on the weekend, they can go on Tuesday, and then again 21 better information, j 21 on Thursday, June 19th, for people that couldn't come on 22 RUBY CARDENAS: Ruby Cardenas again. When 1 took the 22 the weekend couldn't come during the day, want m come at 23 tour with one of the consultants, I can't remember her 1 11 23 night, they can come at night. We have three meetings. 24 name, but when I took a tour of the different alternatives, Pal-27 24 Thank you. And I'll slick around if people want ]i 25 she had mentioned that this light rail would be in function Page 37 25 m chat and talk. Again, if you still have more comments, Page 38 1 it 1 we have cards and you can talk to the court reporter .tier I 1 2 the meeting. 2 3 (End of transcription.) 3 1, the undersigned, a Certified Shorthand 4 (TIME NOTED: 10:20 a.m.) 4 Reporter of the State of California, do hereby certify: 5 5 That the foregoing proceedings were taken before 6 6 me at the time and place herein set forth, that any 7 7 witnesses in the foregoing proceedings, prior to 8 8 testifying, were placed under oath; that a verbatim record 9 9 of the proceedings was made by me using machine shorthan 10 10 which was thereafter transcribed under my direction; I 1 I I further, that the foregoing is an accurate transcription 12 12 thereof. 13 13 1 further certify that I am neither financially lq 1 14 interested in the action nor a relative or employee of any 15 j 15 attorney or any of the parties. 16 16 IN WITNESS WHEREOF, I have this date subscribe( 17 17 my name. 18 18 19 19 Dated: 06/28/2014 20 20 21 21 22 22 Josephine C. 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Section 3.5 on page 3 -61 of the EA /DEIR discusses additional public outreach in relation to targeting populations of EJ concern. Beginning in 2008 and continuing throughout project development to March 2014, in preparation for the public review of the EA /DEIR, the City of Santa Ana conducted outreach to the Downtown businesses. The City's multi - lingual outreach team conducted door -to -door visits to approximately 230 businesses in the Downtown area, including approximately 156 businesses along 4"' Street. The purpose of the outreach was to share key information with Downtown business and property owners about the SA -GG Fixed Guideway Project, inform them about the upcoming release of the EA /DEIR, document questions and input, and provide business owners with appropriate contact information for additional follow -up. A "Sorry We Missed You" letter and information packet was also prepared and left behind for business owners who were not available during the initial visit. The letter offered a briefing with the outreach team to review the proposed project information packet. Regarding public outreach to potentially affected business owners along 4`" Street, extensive efforts were conducted to involve the public and stakeholders in the successful planning for the implementation of a streetcar along the alignment and through the Downtown area. Prior to the release of the EA /DEIR, numerous meetings were held with stakeholders throughout the Study Area to obtain input and provide updates on the SA -GG Fixed Guideway Project. Community meetings were held with the Lacy neighborhood, the French Park neighborhood, the Santiago Lofts Homeowners Association, the Santa Ana Senior Center, and many other stakeholders. Stakeholder comments were collected and recorded at each meeting. In addition, a series of Stakeholder Working Group meetings were held to involve key business people and leaders in the community. Below is a list of organizations which received presentations on the proposed project: • French Park Association • Kennedy Commission • Santa Ana Collaborative for Responsible Development • Santiago Lofts Homeowners Association • Artesia Pilar Neighborhood Association • Labor Union Members • Federal Courthouse • Santa Ana Senior Center • Stakeholders Working Group • Santa Ana City Council • Santa Ana Restaurant Association • Templo Calvario • State Appellate Court • Orange County Superior Court • Rancho Santiago Community College District Board of Trustees • Lacy Neighborhood • SARTC Community Meeting to discuss the Santa Ana Train Station Santa Ana�Garden Grove Fixed Guideway Project REAIFEIR P a g 01190 January 2015 75A -248 • Board of Directors, Santa Ana Merchants Association • Downtown Inc • Santa Ana Merchants Association • Santa Ana Unified School District • Stakeholders Working Group Advisory Committee • One -on -one briefings with 140 Downtown Businesses • Santa Ana City College • Railway Association of Southern California • Santa Ana Unified School District Board • Orange County Transportation Authority (OCTA) • Everest College /Corinthian College • Santa Ana Resource Network • Orange County Business Council • Orange County Transportation Authority Transportation 2020 Committee • Federal Transit Administration • California Public Utilities Commission staff • County of Orange Supervisors and staff In accordance with CEQA and NEPA regulations, the Notice of Availability of the EA /DEIR for public review was filed and posted at the Orange County Clerk- Recorder's Office in compliance with Sections 21080.4 and 21092 of the California Public Resources Code; advertised in the local newspaper; flyers were distributed at every community center in the City of Santa Ana; outreach was also conducted via social media; and a press release was covered by at least three different news organizations. Although not required under CEQA or NEPA regulations, available data from County Assessor and City property records were used to establish a list of property owners and tenants within 500 feet of the alignment. There were 3,796 postcards delivered to property owners, business owners, tenants, and residents related to EA /DEIR availability for public review. Hard copies of the notifications and document were also made available at different locations (Santa Ana City Hall Public Works Counter, Santa Ana City Hall City Clerk's Office, Santa Ana Public Library, Salgado Center, Rosita Park, Santa Ana Train Station, Garden Grove City Hall, and OCTA), as well as online on the City of Santa Ana website. Response PH1 -2 — Madeleine Spencer The comment lists six concerns associated with the proposed project, which are also discussed in Response 8 -5. Each of these concerns is addressed below. (1) Years of Disruptive Construction. Construction details and associated impacts are discussed on page 3 -197 of the EA /DEIR. The most disruptive construction activities would be limited to a 24 -month period; however, these activities would be sequenced by segment so that any one segment would experience disruption for a portion (no more than six months) of the construction duration. A comprehensive community outreach program would be developed prior to the start of construction activities. For business owners and commercial property owners, the disruption of construction activities would involve multiple construction crews operating along the corridor simultaneously. See Responses 8 -1 and 8 -5(4) for responses to similar comments on construction. Santa Ana-Garden Grove Fixed Guideway Project REAJFEIR P a g el 191 .January 2015 75A -249 Upon completion of project construction, the build alternatives would allow improved access to Downtown Santa Ana and other high- intensity areas of employment, commercial development, and recreational opportunities. Improved transportation service would enhance visibility and access to existing economic activity centers, including those businesses that would be temporarily affected by project construction and areas targeted for redevelopment. As stated on page 3 -202 of the EA/DEIR, access to businesses would be maintained during operating hours. In addition, the second sentence in the second to last paragraph on page 3- 202 of the EA /DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. Pages 3 -218 and 3 -219 of the EA/DEIR include a Traffic Management Plan and a Noise and Vibration Control Plan to reduce construction effects. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating nighttime or weekend work. In addition, early construction plans call for the Downtown portion of the alignment to be constructed at the beginning of the construction process to limit impacts to businesses. It is not anticipated that the proposed project would affect existing vacant properties and the increased accessibility upon implementation of the proposed project is not anticipated to cause future property vacancies. Acquisitions are shown in Table 3.3 -5 on page 3 -23 of the EA /DEIR and in Response 8 -5. The proposed project would result in three full acquisitions and six partial acquisitions; Streetcar Alternative 2 would result in six full and ten partial acquisitions; IOS -1 would result in four full and two partial acquisitions; and IOS -2 would result in five full and six partial acquisitions. The amount and type of private property acquisitions were found to result in less- than - significant impacts. (2) Traffic Congestion. Section 3.10 (Traffic and Parking) of the EA/DEIR includes a detailed analysis of potential traffic impacts. In summary, the traffic analysis was prepared in accordance with requirements of City of Santa Ana and the Orange County Congestion Management Plan. The traffic analysis also considered the requirements of the City of Garden Grove. An intersection analysis was completed that accounted for streetcar operations in mixed -flow traffic. All intersections assessed for the proposed project would operate at similar or improved level of service (LOS) as the No Build Alternative. Intermediate stations are estimated to have minimal traffic impacts as only the stations at the project alignment termini provide parking. Therefore, the Locally Preferred Alternative would not result in adverse effects related to intersection congestion. A roadway segment capacity analysis was also completed because the proposed build alternatives would operate in mixed -flow traffic in the central and eastern portion of the Study Area. The build alternatives would not cause additional roadway segments to experience capacity deficiencies beyond those identified in the No Build Alternative. Therefore, the Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 192 January 2015 75A -250 proposed build alternatives would not result in adverse effects related to roadway segments in the Study Area. (3) Mostly Empty Streetcars. As discussed on page ES -15 of the EA /DEIR, it is estimated that the proposed project would attract between 3,770 and 8,400 riders per day in the 2035 horizon year. At the low end, this represents approximately 22 percent more riders than the TSM Alternative (3,085); at the high end, it represents approximately 172 percent more riders than with the TSM Alternative. Streetcar Alternative 2 would attract between 3,020 and 6,425 riders. At the low end, this would be approximately equivalent to the TSM Alternative; at the high end, it represents approximately 108 percent more riders than with the TSM Alternative. IOS -1 would attract between 2,012 and 4,490 riders, and IOS -2 would attract between 1,540 and 3,280 riders which is approximately 47 percent fewer riders than the full alignment alternatives. It is anticipated that additional ridership modeling will be completed as the project moves forward. (4) Injured Residents. Modern streetcars operate similar to buses in city streets, moving with the flow of traffic and allowing passenger pick -up and drop off at designated stops. Public outreach and education programs would be offered to familiarize local residents and business owners with the new streetcar system. In addition, the system would be required to meet the federal requirements of 49 CFR Part 659 and State requirements of California Public Utilities Commission (CPUC) General Order 164D. These regulations require fixed guideway systems to establish system safety and security programs. Based on the establishment of the safety and security programs, hazards and security threats would be minimized. In addition, CPUC must certify that the project is safe and secure before the project can be placed in revenue service. Following construction, the project would be operated in accordance with OCTA standard operating procedures, operator rules, and the emergency plan. The EA /DEIR analyzed potential public safety impacts and addressed safety concerns associated with schools; Mitigation Measures SAF1 through SAFE, identified on page 3 -195 of the EA /DEIR, would be implemented as part of the project. These measures include lighting, fencing, signage and education delivered to students and parents to warn of potential hazards. The EA/DEIR found that with implementation of mitigation measures, no adverse safety impacts would occur. See Response 8 -5(5) for a response to a similar comment on public safety. (5) A Money Pit Residents Cannot Afford. The streetcar funding and fares have not been determined at this time. Information regarding possible funding sources have been identified and are under consideration but not approved. Due to this uncertainty, specific funding sources have not been identified in the REA /FEIR. A financing plan will be developed by OCTA prior to revenue operation of the proposed project. The financial analysis and evaluation for the proposed project is in the Executive Summary Section in Table ES -1 on page ES -15 of the EA/DEIR and shown below. See Response 8 -5(3) for a response to a similar comment on project costs. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR .January 2015 75A -251 Pa9el193 TABLE ES�1: PRELIMINARY Alternative CAPITAL COST e ,000 ,000) Low I High TSM 419,120 $ 14.5 363,459 Streetcar 1 35,152 $197.4 32,656 $209.7 Streetcar 2 6 $217.0 Annual O & M Costs $13,282,258 $228.1 IOS -1 $6,110,656 $146.5 $12.07 $158.8 I0S -2 Cost Per Revenue Hour $125.70 $166.2 5187.12 $177.2 Source: Cordoba Corporation, Santa Ana and Garden Grove Fixed Guideway Corridor Study Draft Alternatives Analysis Report, April 2014. Streetcar Alternatives 1 and 2 include the same two design options for the maintenance facility and the facilities proposed to be constructed on each of these sites are identical. The cost difference between the options is approximately $11 million, and is related to the estimated cost to acquire the right -of -way. Operations & Maintenance Facility Site A would cost approximately $37.4 million and Operations & Maintenance Facility Site B would cost approximately $26.4 million. Operations & Maintenance cost projections are important for assessing cost effectiveness and to conduct financial planning. The TSM bus costs were estimated based on current transit cost information provided by OCTA. The Operations & Maintenance cost projections for the streetcar alternatives were based on operating cost per revenue hour derived from historical Portland and Seattle bus -to- streetcar Operations & Maintenance cost per revenue vehicle hour ratios. These ratios were averaged and applied to the OCTA bus cost per revenue vehicle hour. The estimated Operations & Maintenance cost for each build alternative is summarized in Table ES -2 on page ES -16 and shown below. TABLE ES-2: ANNUAL • & M COST TSM TSM - SARTC to Harbor Route Only Streetcar Alternative 1 Streetcar Alternative 2 Annual Revenue Miles 1,061,590 419,120 332,015 363,459 Annual Revenue Hours 105,664 35,152 26,364 32,656 Peak Vehicles 22 8 6 7 Annual O & M Costs $13,282,258 $5,100,000 $4,933,284 $6,110,656 Cost Per Revenue Mile $12.51 $12.07 $14.86 $16.81 Cost Per Revenue Hour $125.70 $143.94 5187.12 5187.12 Source: Cordoba Corporation, Santa Ana and Garden Grove Fixed Guideway Corridor Study Draft Alternatives Analysis Report, April 2014. (6) Vintage Trolleys That Cater to Tourists. Section 2.6.3 on page 2 -14 of the EA /DEIR discusses the type of streetcars that would be used for the build alternatives. Two types of streetcar vehicles have been identified for use which include the CPUC compliant and European style streetcars. A vintage trolley that caters to tourists is not included as an option as it would not best serve the purpose and need for the project which is discussed in Chapter 1 .0 beginning on page 1 -1 of the EA /DEIR. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 194 January 2015 75A -252 Response PH1 -3 — Madeleine Spencer The Study Area is generally bounded by Harbor Boulevard to the west, 17`h Street to the north, Grand Avenue to the east, and 1s` Street to the south, and a connection to Disneyland is outside the scope of this project. The Anaheim Rapid Connection Project is a fixed guideway system currently being studied by the City of Anaheim and OCTA. This project includes a connection to Disneyland. Project information can be viewed at the following website: http: / /aconnext.com/ arc /overview /. Regarding local use of the streetcar system, anticipated ridership is discussed in Response PH1 -2. It is anticipated that the majority of riders would be local residents, business members, and school -aged children commuting along the alignment. Response PH1 -4 — Madeleine Spencer The comment states that the existing bus systems could be improved to serve the vast number of people who ride buses. Improved transit connectivity resulting from the proposed project would reinforce the viability of transit for workers commuting to the Civic Center and other transit - dependent people who live in other parts of Orange County to more easily access federal, State, and County social service agencies in the Civic Center area via bus lines from the surrounding region. See Response PH1 -2(3) related to empty streetcars. Regarding economic development, the streetcar would integrate well with the surrounding neighborhood by providing frequent service with short distances between stops and fostering an active pedestrian environment. No specific business have committed to relocating along the alignment at this time. Regarding flexibility in the route, it is acknowledged that streetcar routes are not easily changed to meet demand. One of the factors in the development of the alternative alignments was ridership and what routes would serve areas with the highest demand. As discussed on page ES -15 of the EA /DEIR, the Streetcar Alternative 1 route was identified as the route having the highest daily ridership after a comprehensive alternatives analysis. In addition to satisfying project objectives, public input, and environmental considerations, ridership was one of the factors considered when the City Council of the City of Santa Ana selected Streetcar Alternative 1 with Operations & Maintenance Facility Site B (west of Raitt Street) and 4t' Street Parking Scenario A (parallel parking) as the Locally Preferred Alternative for the SA -GG Fixed Guideway Project on August 5, 2014. See Response PH1 -2(4) related to safety Response PH1 -5 — Madeleine Spencer The financial analysis and evaluation for the proposed project is in the Executive Summary Section on page ES -15 of the EA /DEIR. See Response PH1 -2(5) related to costs. See Response PH1 -2(4) related to safety. Response PH1 -6 — Madeleine Spencer The comment does not include any comments directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g 01195 January 2015 75A -253 Response PH1 -7 — Madeleine Spencer An EJ analysis, which identifies minority and low- income populations and evaluates whether the adverse effects of the proposed project would disproportionately burden these vulnerable populations, was included in Section 3.5 on page 3 -36 of the EA /DEIR. This analysis was completed using prescribed methodology by the FTA, which was developed in response to Executive Order 12898 and is consistent with USDOT Order 56102(a) and FTA Circular 4703.1 . In determining the adverse effects, the project must consider both short -term and long term consequences and weigh them against the benefits of the project. As shown in Table 3.5 -2 on page 3 -49 of the EA /DEIR, and presented below, all of the communities within the Study Area are considered EJ populations. The communities closest to the alignment would benefit the most from increased accessibility and connectivity but would be subject to temporary construction effects. Section 3.5.2.3 of the EA /DEIR provides a detailed evaluation of the potential EJ effects for each community within the Study Area. In addition, the EA /DEIR determined that the proposed project would have no adverse health and environmental effects related to land use, visual quality, cultural resources, geotechnical conditions, hazardous materials, hydrology, traffic, noise and vibration, air quality and greenhouse gases, and safety and security. The EA /DEIR also discusses public outreach specific to EJ in Section 3.5 on page 3 -61 of the EA /DEIR. Extensive public outreach during the planning process has occurred in the Study Area and included specific outreach for communities of EJ concern, particularly LEP communities. The following activities were conducted specifically to ensure participation from communities of EJ concern, per requirements under Executive Orders 12898 and 13166: • Identifying and meeting with environmental justice stakeholders, including Templo Calvario, neighborhood associations, labor union members and senior centers. • Establishing a project information hotline with outgoing messages in English and Spanish. • Translating and submitting notices for publication in the following local Spanish language newspapers: • Excelsior (Spanish language weekly of the Orange County Register on May 24, 2010) • Miniondas (June 3, 2010) • Making notices and information available in the Public Law Center's website. The Public Law Center is a pro -bono law firm serving low- income communities in the City of Santa Ana and in the County of Orange ( http:// www .publiclawcenter.org /news.php ?headline= More+ Public +Transportation +Coming +to +Santa +Ana). • Translating presentation boards during scoping meetings, which followed an open house format. Exhibit 7, in the Community Impact Assessment included as Appendix C, provides samples of these boards. • Making available City of Santa Ana and subconsultant staff who were fluent in Spanish and were familiar with the proposed project and its stakeholders at the scoping meetings. Given the open house format of these scoping meetings, no real -time translation services were required as no formal presentations were given. However, Spanish- speaking staff was on hand to assist LEP community members. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g 01196 January 2015 75A -254 • Translating comment forms on which community members could submit any comments, in English or Spanish. The outreach to EJ populations shall continue throughout the environmental process consistent with past practice. In summary, the short -term construction effects of the project would be outweighed by the long- term permanent beneficial impacts that would affect EJ populations. Since the EJ communities within the Study Area would be the primary recipients of the benefits of the project, there would not be a denial in the receipt of benefits to minority and low- income populations. Response P111 -8 — Unknown Speaker See Response PH1 -1 related to community outreach and distribution of notices. Response PH1 -9 — Unknown Speaker The support for Streetcar Alternative 2 was forwarded to the decision makers for consideration. The streetcar fares have not been determined at this time. The determination of fares would depend on the available funding for the project, the costs to operate the project and the anticipated revenue received from fares. The request for fare compatibility between systems was forwarded to the decision makers for consideration. See Response PH1 -2(5) related to costs. Improved transit connectivity resulting from the build alternatives would reinforce the viability of transit for workers commuting to the Civic Center via bus lines from the surrounding region. OCTA provides fixed route bus service and a countywide shared ride service, ACCESS, in Orange County. Figure 3.10 -2 on page 3 -121 of the EA/DEIR shows the OCTA fixed route bus service in and around the Study Area. Streetcar stops would be located near OCTA bus stops. A subset of OCTA's fixed route bus service is a rail station feeder - distributor service known as Station Link. OCTA currently operates a StationLink route (currently Route 462) in the Study Area between SARTC and the Downtown /Civic Center area of Santa Ana. SARTC is a hub of public transit service for central Orange County, serving as a major stopping and transfer point for intercity, interstate, and international bus services such as Greyhound and Transportes Intercalifornias. Response PH1 -10 — Sean Pulich The general support for the proposed project was forwarded to the decision makers for consideration. Regarding connectivity, the eastern terminus of the alignment is the SARTC, which is the busiest multi -modal transportation hub in Orange County and will connect the streetcar to Metrolink, Amtrak, and bus lines from the surrounding region. The western terminus is the Harbor Boulevard /Westminster Avenue intersection, where connections to local and intracounty buses operated by OCTA are available. Response PH1 -11 — Ruby Cardenas See Response PH1 -2(4) related to safety. More specifically, to address safety concerns associated with schools, Mitigation Measures SAF1 through SAFE, identified in Section 3.15.3 on page 3 -195 of the EA /DEIR, would be implemented as part of the project. These measures Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g el 197 January 2015 75A -255 include lighting, fencing, signage and education delivered to students and parents to warn of potential hazards. As described in Section 3.15.2.3 of on page 3 -191 of the EA /DEIR, the average speed for streetcars traveling along the proposed alignment, which takes into account speed reductions at school zones, entering and exiting of station areas, and complying with traffic control, would be approximately 11 miles per hour. Key roadways and their speed limits are shown on page 3 -117 of the EA /DEIR, and range between 25 and 40 miles per hour. The speed limit on Santa Ana Boulevard is typically 30 miles per hour in the Study Area. Section 3.10 -2.3 on page 3 -127 of the EA /DEIR discusses the potential impact of removing on- street parking for the build alternatives. The commenter lives on Santa Ana Boulevard and states that visitor parking is limited. As discussed on page 3 -126 of the EA /DEIR, the proposed project would remove approximately 53 percent of the street parking on Santa Ana Boulevard between Raitt and Flower Streets (73 of 143 parking spaces). The loss of parking on Santa Ana Boulevard would affect residential land uses. The City of Santa Ana requires every residential property along this segment of Santa Ana Boulevard to have on -site parking capacity consistent with City zoning and occupancy entitlements. The EA /DEIR states that there is adequate although potentially less convenient parking to accommodate residential parking needs along this segment of Santa Ana Boulevard. Response PH 1-12 — Ruby Cardenas Three of the six stated purposes for the SA -GG Fixed Guideway Project are to improve transit connectivity, increase transit options, and improve transit accessibility. The initial goal of OCTA's Go Local Program was to develop projects that would extend the reach of Metrolink. The Cities of Santa Ana and Garden Grove interpreted this to mean not only providing an additional transit connection to a Metrolink station but to also connect with OCTA's robust bus transit system in Santa Ana. By providing direct connections with all but two of the 16 OCTA bus routes that currently serve the Study Area, the SA -GG Fixed Guideway Project enhances Study Area mobility and connectivity with the region and increases travel convenience for those who use public transportation within the Study Area. The request for fare compatibility between systems was forwarded to the decision makers for consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Response PH1 -13 — Ruby Cardenas Chapter 2.0 of the EA /DEIR describes the selection and evaluation of alternatives for the project. The alternatives analysis process consisted of four major steps: (1) Preliminary Definition of Alternatives, which included creating a range of conceptual alternatives that could potentially satisfy the Purpose and Need and meet the goals and objectives for the project; (2A) Initial Screening (Route Options) to eliminate route options with fatal flaws and those that do not satisfy the Purpose and Need and meet the goals and objectives of the project; (213) Initial Screening (Technology Options) to eliminate technology options with fatal flaws and those that do not satisfy the Purpose and Need and meet the goals and objectives of the project and Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g ej 198 January 2015 75A -256 determine the reduced set of alternatives to be carried forward for detailed analysis; and (3) Detailed Evaluation and Environmental Impact Analysis of the reduced set of alternatives and selection of the Locally Preferred Alternative. Early alignment options considered Civic Center Drive as an alternative to Santa Ana Boulevard. Civic Center Drive West provides more direct access to some key activity locations in the Civic Center areas, including the Orange County Courthouse, the Santa Ana Public Library, and Santa Ana Stadium. It was determined that the existing land uses along Civic Center Drive West were less dense and less transit supportive than those along Santa Ana Boulevard or 4th Street. However, the alignment was included in Streetcar Alternative 2 based on comments received from the project's Stakeholder Working Group. The request to outreach to the Environmental and Transportation Advisory Committee (ETAC) has been an on -going effort. A number of presentations on the streetcar had been made up to the point of when this comment during the environmental public review was received. Early presentations on the streetcar covered preliminary alternative routes and optional transportation modes. Subsequent presentations included the remaining three build alternatives and the No Build Alternative. The City is committed to continued outreach with ETAC related to the project's environmental analysis. The City acknowledges the commenter's preference for a Civic Center alignment. See Response 8 -2 for related to the alternatives analysis. In addition, as discussed on page ES -15 of the EA/DEIR, the Streetcar Alternative 1 route was identified as the route having the highest daily ridership after a comprehensive alternatives analysis. Response PH1 -14 —Sean Pulich Accommodations will be made to ensure continuous operation of the streetcar during City- approved special events on 4th Street. The manner of operation has not been determined at this stage of the planning process, and will require coordination between the City, OCTA, and Downtown businesses. Regardless of the operational change during special events, advanced notice and appropriate signage would be provided to guide streetcar patrons to the replacement service locations during such events. Response PH1 -15 — Ruby Cardenas See Response PH1 -2(1) related to construction impacts. As discussed on page 3 -197 of the EA/DEIR, the duration of concentrated construction activities would be no more than six months at one location along the alignment, including 4`h Street. A comprehensive community outreach program would be developed prior to the start of construction activities. For business owners and commercial property owners, the disruption of construction activities would involve multiple construction crews operating along the corridor simultaneously. As stated on page 3 -202 of the EA/DEIR, access to businesses would be maintained during operating hours. In addition, the second sentence in the second to last paragraph on page 3 -202 of the EA/DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating nighttime and weekend work. Santa Ana- Garden Grove Fixed Guideway Project REA /FEIR P a g el 199 January 2015 75A -257 Response PH1 -16 — Ruby Cardenas The EA /DEIR equally assessed Streetcar Alternative 1 along 4 "' Street and Streetcar Alternative 2 along 5`h Street. Response PH1 -17 — Ruby Cardenas The comment requesting an attractive streetcar system was forwarded to the decision makers for consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Response PH1 -18 — Raul Yenez Section 2.9 on page 2 -29 of the EA/DEIR describes the public outreach for the development of alternatives, scoping, and circulation of the EA /DEIR. Section 3.5 on page 3 -61 of the EA /DEIR discusses additional public outreach in relation to targeting populations of EJ concern. The City has confirmed that notices were sent to multiple properties owned by the commenter. See Response PH1 -1 related to community outreach and distribution of notices for a detailed description of how the project complied with the CEQA and Council on Environmental Quality (CEQ) Guidelines regarding noticing and public involvement. Response PH 1-19 — Raul Yenez The support for the Streetcar Alternative 2 was forwarded to the decision makers for consideration. See Response PH1 -2(1) related to construction impacts. See Response PH1 -15 for effects along 4`" Street. A comprehensive community outreach program would be developed prior to the start of construction activities. For business owners and commercial property owners, the disruption of construction activities would involve multiple construction crews operating along the corridor simultaneously. As stated on page 3 -202 of the EA/DEIR, access to businesses would be maintained during operating hours. In addition, the second sentence in the second to last paragraph on page 3 -202 of the EA/DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. Construction would be completed in coordination with Downtown stakeholders and the business community in order to minimize potential impacts from construction, such as coordinating nighttime and weekend work. In addition, early construction plans call for the Downtown alignment to be constructed at the beginning of the construction process to limit impacts to businesses. Response PH 1 -20 — Tish Leon The public meetings during the 45 -day review period of the EA/DEIR served as a forum for recording public comments and receiving testimony on the project and EA/DEIR, and not as a forum in which the City answered questions or engaged in a dialogue with the public. All comments made at the time of the meetings were recorded to become part of the administrative record for the project; these oral comments have been included in this REA/FEIR, for which a response to each comment has been provided. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g e1200 January 2015 75A -258 Response PH1 -21 —Sean Pulich The Study Area is generally bounded by Harbor Boulevard to the west, 17" Street to the north, Grand Avenue to the east, and 1" Street to the south. A connection from the SARTC to John Wayne Airport is outside the scope of the project. Comments about future regional connections in Orange County should be directed to regional transportation agencies, such as Metrolink and the Airport. Response PH 1-22 — Madeleine Spencer See Response PH1 -1 regarding to public outreach and Response PH1 -2(1) regarding construction along 4t' Street. Response PH1 -23 — Madeleine Spencer Section 3.10 -2.3 on page 3 -127 of the EA /DEIR discusses the potential impact of removing on- street parking for Streetcar Alternatives 1 and 2. 5" Street, which is referenced by the commenter, would have removed approximately seven of the existing 33 parking spaces. The loss of parking in the Civic Center area would be minimal and absorbed into nearby parking structures. No adverse effects are anticipated. Response PH1 -24 — Madeleine Spencer The Study Area is generally bounded by Harbor Boulevard to the west, 17`" Street to the north, Grand Avenue to the east, and 1" Street to the south. Willowick is within the Study Area, although the redevelopment of Willowick is outside the scope of the project. The streetcar would operate within the PE ROW adjacent to Willowick Golf Course, but as stated on page 3 -65 of the EA /DEIR, no adverse effects would occur. See Response PH1 -7 for issues regarding equity. Response PH1 -25 — Sean Pulich See Response PH1 -12. Response PH1 -26 — Unknown Speaker As stated on page 3 -197 of the EA /DEIR, the construction period is anticipated to be approximately 30 months, with major activities to be completed within the first 24 -month period. Response PH1 -27 — Ruby Cardenas Your suggestion for the alteration of bus hours has been forwarded to OCTA for consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -259 Pagel201 Public Hearing No. 2 2 I TUESDAY, JUNE 17TI4, 2004 j 1 2 y 3 s 4 CITY MANAGER CAVAZOS: Good morning. Buenos dies. 6 5 Who (mows how to say "good morning" in 7 TRAnaCRTPT OF: 6 Vietnamese? Anybody? Say it, a Santa naa- Gandea once. 7 UNIDENTIFIED SPEAKER: (Speaking in Vietnamese) 9 Fixed Guideway Project bearing 8 CITY MANAGER CAVAZOS: All right. Good. 10 cane 17, 2014 9 1 want to welcome everybody to the street car -- 11 10 the Santa Ana - Garden Grove Fixed Guideway Project, very, 12 11 very exciting. I'll try to make it entertaining for you. 13 12 If you have comments at the end, we have 14 13 different ways to take them. 1s 14 The first thing I want to do is ask Tanya and 16 15 Jason to come up here. 17 ! 16 We have worked really hard on this project for 18 17 years and we have done a tremendous job in outreach. We've 19 18 mailed thousands of postcards, we've distribrded Viers, z0 ! 19 we've done Nixles. We wanted to make sure everybody has an u 20 opportunity to learn about these meetings. We've had three 22 21 different meetings; one on the east side, one in central 23 Reported by: Miriam .alts, CSR #9704 22 Soon Ana and then one on the west side to make sure that 24 23 people have an opportunity to come. And also we did it at 29 Pages 1 - 22 24 different times; on a Saturday morning, on a Tuesday in the page 1 25 morning and then we're going to have an evening session Page 2 Veriast National Deposition & Litigation Services 866299 -5127 — —' I Thursday night so everybody had a chance to come here. And l owners, if they don't live there their Downs, and for 2 if you're not able to come to this meeting, please spread 2 multi -unit commercial and residential, we identified all of 3 the word and have them call us and we'll schedule a special j 3 the units within those properties as well. So we looked at 4 meetingjust to meet with you individually and talk to you. 4 everybody [here. 5 So we want to make sure everybody has an opportunity. 5 We also looked at all the stakeholders we've had ! 6 But I would like Jason mid Tan to o ahead and i Tanya g ! 6 throughout this proves, we've reached out to them as well 7 ive people an idea of the outreach that was done. Because g P P 7 as well as resource agencies and we sent out over 4,000 8 at the last meeting there were three people in the local 8 postcards just to notify everybody of these meetings, so a 9 area and two of them got the postcard and one of them f 9 very robust outreach. ! 10 didn't, but we wanted to make sure that it be known we did j 10 And, you know, Tanya will provide us some more ! 11 everything we can to get the word out. So we'll start with 11 detail. 12 Jason. 12 TANYA LYON: So in addition to the 4,000 postcards we 13 JASON GABRIEL: Okay. Well, from the beginning of 13 sent out to everyone within 500 feet of the route, we also 14 this study process for the environmental, we started with 14 provided the EA /D1R at every single of the -- the flier at I 15 -- and the board back theca describes the study process, 15 every single community center as well as the locations 1 ! 16 but we started with community listening sessions, we had 16 posted here on the board, so it's online at City Hall, the 17 seeping meetings, we had stakeholder meetings and now we're 17 city clerk's office, the library as well as in the city of ��. 18 in the EA /DEIR public hearing phase. Bin throughout those 19 Garden Grove. j 19 seeping meetings, community listening sessions, we also 19 In addition to that we also sent out a public 20 reached out to a lot of the neighborhoods in the area, all le articles in We've had multi press release. p 20 notice and a p 1 21 the stakeholders that we could find, we talked and tried to 21 the newspaper, in The Register, l think Voice of OC .von 22 get input from everybody to provide input on the project, 22 carried it and so -- and we continue to reach out So if 23 there is anyone who hasn't heard it, it's been on social i 23 Now as we're releasing the environmental ! 24 media as well and we're continuing to get that message out. 24 document, we looked at everybody within 500 feet of the j ! 1 25 CITY MANAGER CAVAZOS: Thank you i 25 alignments that are proposed. That includes property I j Page 4 j Page 3 75A-?60 I Having said that, five years from now hopefully Thank you. 2 some of us will see the train go by and they'll go "Wow, I 2 Next slide. 3 didn't know they were going to do a train." So I wanted 3 We have the environmental assessment, and I'm 4 you to know that will still happen even though we tried � 4 going to put the books over here with this our g g p young good 5 everything possible to get the word out. 5 looking gentleman and if you want to thumb through it you 6 So we'll go ahead and get started. I think that 6 can. if not, you can pass it around. But, again, I want 7 I'll talk while the screen is going on and I don't want you 7 you to feel how much work was done on this project in terms 8 to look at me, look at the screen, because otherwise if I 8 of the assessment, the environmental review is very, very 9 stand in front of it it will be very hard for you to see 9 substantial, millions of dollars in fire making so we worked 10 it. So we'll go ahead and start. !i 10 really hard to cover all the different options and the I1 We want to welcome everybody to the meeting. 11 environmental impact. If you wart to read the report 12 And, of course, the purpose today is to give you 12 there's lots of ways to do it. You can go to Public Works 13 information abort the street car project, tell you that 13 with the City of Santa Ana, you can go to the city clerk's 14 Chen are other meetings and where the locations am for l4 office, you can go to the public library, you can go to 15 the environmental assessment, and a draft Environmental 15 Rostra Party you can go to the train station here in Santa 16 Impact Report and then how to submit comments, well talk 16 Ana, you can go to Garden Grove and get a copy there or you 17 Co you about how to do [hat. 17 can go to Orange County Transportation Authority, they have is We really want your input, that's why these 18 a copy there, or you can from the luxury of your home or 19 meetings are so important. We've been at this for several 19 Starbncks or anywhere else you can get it online, 20 years mid I do -- do we have a copy of the report? 20 santaanatransitvision.com, the full report is there. 21 UNIDENTIFIED SPEAKER: Yes, we do. 21 We, as I mentioned earlier, have been working 22 CITY MANAGER CAVAZOS: Can you bring it over to me? 22 hard on this for many years. In 2006 the Board approved 23 And we had a meeting on Saturday, today of course 23 Measure M, was a local sales tax for transportation, and of 24 we're having a meeting this morning and then we have 24 course that's a partnership between Orange County Transit 25 another one on Thursday, Thursday night. 25 Authority mid local cities within Orange County and the 5 _ Page 6 -Page 1 goal was to foster transit connectivity and extend the 2 reach of Metrolink and to took at those projects that were I feasibility to define the transit vision for Santa Ana and 3 best suited for flooding. There were 35 projects submitted, 2 Garden Grove and to move into the second step. And so in 4 31 of them involved buses and shuttles, four of them 3 earnest the alternative analysis and environmental review 4 started in the fall of 2009 with meetings like this, 5 involved rail, the two that were selected were the Anaheim 5 getting people's input, and where do you want the route, 6 project and the Santa Ana-Garden Grove project. I 6 where most people need transit, And based on all of that 7 When I went over to OCTA to meet with the board 7 the alternatives were identified for further study in the 8 there and the staff, I looked at the vision and will tell 8 fall of 2012 after three years of analysis. 9 you that every single part of the vision has been achieved 9 This is the study area. I wanted to make sure 10 with the exception of one major area and that's light rail 10 everybody had the boundaries; 17th Street/Westminster on 11 or street car. So this is the final step in achieving the 11 the north, First Street on the south, Grand Avenue on the 12 vision for OCTA which is to include the street car or light 12 east and Harbor Boulevard on the west, about 4.1 miles 13 rail. 13 total for the study area. 14 How many people here take the bus? All right. I 14 We did look at alternatives; namely the bus, bus 15 took the bus for nine years when I was starting my career. 15 rapid transit and of course the street car and there's 16 And the reason I took the bus is because I couldn't afford 16 pictures of each or those types of alternatives listed 17 a car, real simple. And then one day I got a car and never 17 there. And we looked at several alternatives. The first 18 took the bus again. But later on in my career when the 18 alternative has some benefits. We believe it serves the 19 train was available, I had a car but I took the train. So 19 greatest number of transit dependent households. It has 20 I always tell people when they ask me wiry did I take the 20 the highest daily ridership, it has the lowest operations !. 21 train or the bus, I took the bus because I had to, I took 21 and maintenance cost and we believe that the land use best 22 the train because I wanted to and there's a big difference. 22 supports this type of transit. 23 And I really believe that a train or a light rail system 23 There are some challenges in that it could impact 24 has many major, major benefits for people. 124 some on -street parking. Romember, though, when you have 25 parking, that's because people are coming there with cars. 25 The first part of the study was to look at the Page 8 Page 7 75A-261 I If you have transit, they're going to be coming there by i 1 accessible. I speak from personal experieuce. When you're 2 train so hopefully there's more than beneficial offset 2 waiting for a bus, it seems like an eternity. Has anyone 3 based on those needs. 3 ever done it, "Where's the bus? Is it coming ?" When 4 Street car alternative two, you can see the route 4 you're waiting for a train, it's right on schedule. I 5 there. It provides better coverage of the Civic Center 5 could see it from my bedroom, I could text it and it said 6 destination, so you can see it goes up there on Civic 6 "The train will be here in four minutes." I go down the 7 Center Drive. But there are some challenges with the 7 stairs, go across the track, wait there and sure enough 8 route. It's a little bit longer, longer route means i 8 there's the train with the lights coming. So reliable and 9 greater cost. I asked them to be specific. It's about 9 accessible, very friendly environmentally. It's got the 10 seven percent greater cost. And also there's more 10 electricity there, it fosters walkability, it's a catalyst 11 rgbt -of -way impacts with that route. 1 I for economic development and its very compatible with the 12 And, of course, the bus is also au option that 12 character and scale of a high density city like Santa Ana 13 was evaluated. Initially it does have a lower capital 13 mid Garden Grove. 14 cost, it does not require any right -of -way requirements and 14 This is one of the charts that I developed when I 15 it has no adverse effect on the environment because of the 15 got here. I was making my initial presentation to the 16 existing bus transit already. Some of the challenges is 16 Board of Directors for OCTA and i asked the staff to rank 17 its the lowest daily ridership, less passenger currying 17 the cities by density, the large cities, and to take a look 18 capacity, it's less efficient, it's not as convenient and 18 at the ones that had a rail transit system or a street car, 19 it provides very little economic development and benefit. 19 and the ones who didn't. And what I found out was there's 20 Everybody will give you economic analysis but my 20 two cities in America of the top 15 that don't have a light 21 experience has been that for every dollar in transit !! 21 rail system or a street car and they're both in Orange 22 investment you get about five dollars back in economic !i 22 County. We got a little work to do here. And Santa Ana in j 23 benefit. So some are higher, some are a little bit lower, 23 particular with almost 12,000 people per square mile is a 24 but that's the general rule of thumb. 24 poster child for this type of transit. And we're right 25 So by The street car, it's very reliable, 25 between Boston and Chicago and you can see all the cities L Page 9 Page 10 I- 1 have this type of system with the exception of Santa Ana. i 2 What about the cost? Well, over the long term 1 fare box, any user or advertising fees associated with the 3 the cost of over 25 years has a street car actually being a 2 Hain and oFcoerao the City and developer contributions. 3 We are waiting for OCTA to do their plan. It was approved j 4 little bit less expensive than the bus in terms of the j 4 by the 13oatU and they will be coming back in the next month 5 TSM /best bus alternative and depending on the street car 5 or so with a plan bath financial and implementation. 6 option, it's very, very comparative in terms of cost. And i ! 6 We want to look at the purpose of the 7 this is based on the useful life of 12 years for a bus and � 7 environmental analysis is to look at potential effects and 8 a street car, of course, is a lot longer, 25 years, and you � R impacts in the following key areas; die effect on the 9 look at all the different costs for O and M and you can see 9 community, environmental justice, visual quality, cultural 10 the numbers there. 10 resources, what's the impact on traffic, parking, the noise j 11 363 million for the bus; street car one, 361; and e 11 and vibration, air quality and of course the construction 1 12 street car two, 410 million. 12 that will take place. 13 We want to be an outstanding partner with OCTA 13 We also want to make sure everybody knows that we I 14 and when they're doing a financial modeling and 14 will comply, of course, with the National Environmental 15 implementation plat they need to know where the money's 15 Policy Act and the Califomia Environmental Quality Act 16 going to come from, so I recommended to the City Council, 16 requirements. 17 the mayor, that we commit to a ten percent cost share, it's 17 hr choosing a route after these years of analysis 1 1.8 about five or six hundred thousand dollars a year once the 18 and looking at the alternatives, these were some of the 1 j 19 train is operational, and that can be used for the i 19 considerations; the number of people served especially f 20 analysis. And I think it's really important Co have them 20 those that am transit dependent, we wanted to look at ways j 21 in the game to be a time partner and so we're able to do 21 to maximize the benefits to the community and minimize any 22 that. t 22 impacts that are negative. We want to make it easy to use 23 So when you took at all the different things in 23 and make sure that the ridership is thaw when the system J 24 addition to the City commitment, we have local Measure M4 24 is in place, want to minimize cost, we want input from the 25 funding, federal funding is a possibility, state funds, the j 25 community and of course we want to make sum that Santa Ana page 12 Page 11 - -- — --� 75A 262 ]development, the preliminary engineering or right -of -way 1 benefits economically so that we have the quality of life 2 that we're striving for to make sure that this high density 2 and the final design. There will be a funding agreement, i j 3 city has opportunities to move people through the city. 3 construction will start and then after construction is j 4 We du have more work to do, We will - -after 4 completed there will be some testing and operations will 5 getting your input, this is a 45 -day review period, we will 5 begin. 6 recommend a local preferred alternative to the City 6 So how to submit comments? We will take your 7 Council. They will review that and make a decision, then 7 comments today. It's comments, it's input. IC's not a Q 8 we will go back to the Orange County Transit Authority 8 and A. We want to make sure that we capture your comments 9 Board of Directors in October so they acknowledge the 9 and then that will be part of the official report and that 10 progress that Santa Ana - Garden Grove has made and that they 10 those comments will be published along with the responses. 11 are aware that we completed the local program clap two. j 11 You can mail theoretics. If you wanted to take time and 12 Than in October of will ask the City l2 review it, you can e-mail it to us, you can fax it to us, iron en 13 Council to certify the Environmental Impact Report after we 13 you can do it online, but whatever we do we need comments 14 review and take all the comments in. And then we'll 14 by July 7th, 5:00 p.m. 15 transmit that to the Federal Transit Administration and our 15 Thank you so much. And we have court reporters 16 goal, of course, would be a finding of no significant 16 here and we have cards, you want a -- anybody want a card? 17 impact. 17 Tanya has cards. 18 So we would like to receive your comments today. 18 MR. KATZ: Comment cards? 19 And then, again, we'll certify the environmental document. 19 CITY MANAGER CAVAZOS: Comment cards. 20 I mentioned earlier, I want to re- emphasize, that the 20 MR. KATZ: Yes. 21 Orange County Transit Authority is reviewing and preparing 21 CITY MANAGER CAVAZOS: Right over here. 22 an implementation plan and a funding plan option they'll 22 And with that we do have court recorders and we 23 present to their board. Mayor Pulido is a member of that 23 have translation services. 24 board and I've been going to all their meetings, so we're 24 Does anybody want to make a public comment so 25 representing there. And then go initiate the project ( 25 that they can be recorded? We'll start on this side and Page 13 Page 14 j 1 walk around the room. --1 2 MR. KATZ: I'm Peter Katz, a longtime, 4 5 -year I street car, he could read the Wall Street Journal on his 3 resident of the oily and this is very exciting. Public 2 way to work. Jurors can use this to go to the courthouse 4 transit is an opportunity for this city to increase its 3 without having to take out their cars. And looking for 5 economic development and create jobs locally. And if you 4 parking spaces in those garages are a nightmare so 5 especially downtown. You wouldn't have to walk as far from 6 say for percentage of the jobs for local employment, this i 6 the garage if you're on jury duty or you need to make a 7 is a win -win situation and it will move people around this 7 court appearance or you're going to go to the tax 8 city from the west to the east. You'll connect Garden 8 assessor's office, So for me this is a win -win situation. 9 Grove to downtown Santa Ana, 9 1 think for seniors, for students to go to 10 And this month Orange Coast Magazine has rated 10 college, this passes right by Santa Ana College. So I mean 11 downtown Santa Ana as the number one downtown in all of 11 it's going to cut down on the transit and the traffic,, 12 Orange County even without this street cur. So this street 12 nightmare that we have in this city. 13 oar will increase the capacity in this city. 13 And for the city of Garden Grove to connect with 14 And I'm really excited, I've traveled around the 14 Santa Ana, of some point it just connects up to the one in 15 world and I've ridden on street oars in a lot of cities and 15 Anaheim, it will move the tourist district further south. 16 they're successful everywhere they've been built. As a c"2-1 16 Like Las Vegas Boulevard in Las Vegas, it will stretch out 17 matter of foot USA Today last month had ,in article on all 17 to the highway. I envision Harbor Boulevard being a 18 the new street cars that are going in in Atlanta and ether � 18 tourist mecca center, bringing all the tourists here 19 cities that are taking advantage of the density of the 19 stretching from Anaheim to Costa Mesa. 20 population because our freeways -- there's no room to build 20 So I think this is a win -win situation for the 21 anymore freeways. 21 cities, it's going to bring bond revenue, and I think if 22 And the thing about street oars, it doesn't have 22 it's built right and the stops are designed right and the 23 the socioeconomic stigma of being for the poor class, for 23 fare is reasonable, I think people will benefit 24 the lower class or for the minority. A lawyer will ride a 24 tremendously from this project, So I'm all for it. 25 street car, he will not ride a bus. The CEO will ride a 25 Anyone else? Page 16 Page 15 5A 26 ' I CITY MANAGER CAVAZOS: Anyone else out here? Anybody I UNIDENTIFIED SPEAKER: I have a question 2 on this side? 2 Where's the parking lot going to be? 3 Thank you. All right Here we go. 3 MS. WOO: Its going to be on Rain and Fifth Street, I 4 MS. WOO: Yes. I'm Ruby Woo with the Artesia Pilar 4 that area, it looks like you could stop and park there. I 5 Neighborhood Association. I'm also in favor of it but I'm 5 was just looking at it really fast so I just wanted some 6 also concerned about the landscaping because its going to 6 information on that 7 go through my neighborhood, Santa Ana Boulevard.,' 7 CITY MANAGER CAVAZOS: Okay. We're here to get input 8 One of the things that I'm upset about right now 8 and comments, not Q and A, but I will be here afterwards 9 on Bristol is the bus shelters. I want better looking bus 9 for anybody that has questions. This can't be part of the 10 shelters and people are kind of hiding under the bushes and i 10 official record. I1 stuff because of the shade so I wish you would consider 11 Who wants to give input or comments? 12 that, the shelter area being a little bit better looking. 12 Yes, sir. 13 Also I notice there's oin be ark and stop g g to a P P 13 UNIDENTIFIED SPEAKER: I have a comment. 14 area in Artesia Pilar and I would like to invite you to a 14 How long will it take from the start to finish of PH22 15 . neighborhood meeting July 16 to explain that park and ride 15 the project? PH22 16 shelter. 16 CITY MANAGER CAVAZOS: So I'm going to refer back to 17 And so I'm really concerned how it looks in the 17 the comment I made earlier because it's part of our r 18 community, landscaping, also what they're going to be doing ! 18 presentation so I'll ro- emphasize it. 19 about some businesses because of -- the businesses on Santa 19 We are currently working with the OCTA, they are i 20 Ana Boulevard arc not — the landscaping in that street 20 the lead agency and they are developing a financing plan 21 area, how that's going to be paved and look better. I know 21 and a implementation plan. And as soon as that's done and ! 22 i @s going to look better but I want it to really look 22 the Board approves it, we'll have a better idea of how long 23 good. 23 it will take and how it's going to be financed. But right 24 Thank you. 24 now we don't have any real concrete estimates. 25 CITY MANAGER CAVAZOS: Thank you. 25 Anybody else? Page 17 ! Page 18 I UNIDENTIFIED SPEAKER: What's the earliest it would I UNIDENTIFIED SPEAKER: We have a question over there. 2 Start? 3 CITY MANAGER CAVAZOS: If you wrote its a check today ! 2 CITY MANAGER CAVAZOS: Onemore. P 3 1 want everybody to hear. If you could stand up 4 personally, we could probably have it done in about four ^p,3 co t 4 too. 5 years, So it all depends on the plan. I'm not being 5 UNIDENTIFIED SPEAKER: Grant. They can hear well 6 facetious. 6 over the speakers. 7 UNIDENTIFIED SPEAKER: So if funding came in -- from 7 CITY MANAGER CAVAZOS: By the way, how come you're not 8 the point funding comes in, it could be four years? 8 wearing n He? 'i. 9 CITY MANAGER CAVAZOS: Yes. 9 UNIDENTIFIED SPEAKER: Yes, I'm very casual today. 10 Usually it takes about 18 months for design, two to Thank you. j 11 years to construct, there's sonic testing, I've done two or 11 Flow are you going to handle or how is it going to 12 three of them, some of them take ten years, ten years goes 12 be handled the businesses that ore going to be in the -- PH24 13 by fast, Some of them take five or six years, But, again, 13 that are whom the street car is going to go? Four years, 14 to re- emphasize the reason I'm answering yew question is 14 it's a long time for businesses to survive that process. 15 because I presented it earlier. 15 How are you going to handle those people that are going to 16 Kelly, what's the schedule for the work that's ( 16 be affected economically? 17 being done with implementation and financing, when is that ! 17 CITY MANAGER CAVAZOS: That's a good question. Again, 18 due back from the Board? 1 S not related to this specifically, n n relates to the p y, g am !; 19 KELLY: We have an item that's tentatively scheduled 19 implementation plan. 20 to go to the Board in August. 20 In my prior experience we have people assigned to 21 CITY MANAGER CAVAZOS: When? 21 different segments of their rout. working very close with 22 KELLY: In August. 22 the businesses cad residents and then minimize the impart 23 CITY MANAGER CAVAZOS: August, okay. So we'll have a 23 on your business or livelihood and so that's their goal 24 that they would have. 24 better idea in August. 25 I don't want to oversimplify it but in this !� 25 All right. Page 20 Page 19 - -- 264 75A I particular case this technology is in the right -of -way in 2 the vast majority of cases. So it looks different from a 3 situation where youh'e actually taking property from both 4 sides of the road, the impact it will have there and it 5 will be significant in that case. 6 So I'd like to talk to you afterwards. 7 So, people, we want comments not questions, 8 comments. If you have questions, we can take them and 9 respond to them in writing. So everybody has -- you can 10 ask any question you want and we'll respond in writing. I 1 Anybody else? 12 Have a wonderful day. We'll stick around for a 13 while and talk. 14 By the way, we have lots of food left. 15 16 (End of transcription.) 17 18 19 20 21 22 23 24 25 Page 21 It -cars] 1 achleved 7:9 aehleving 7:11 areas 12:8 aroala 1]:4,14 band 16:21 books 6:4 1 1:25 22:18 12 11:7 ark..Icdg. 13:9 article 15:17 laii 10:25 12,000 10:23 act 12:15,15 aMkl. 4:20 boulevard 8:12 15 10:20 addition 4:12,19 asked 9:9 10:16 16:16,17 127,20 16 17:15 1124 a.essmant 5:156:3 boundaries 8:10 17 1:10 administer 22:7 68 Lox 12:1 17th 211 8:10 administration ma ..... 1, Iss bring 5:2216:21 18 19:10 13:15 assigned 20:20 bringing 16:18 21:7,6 advantage 15:19 associated 12:1 bristol 17:9 2 adverse 9:15 association 17:5 banns 2:4 2004 2:1 advertising 12:1 .11ama 15:18 build 15:20 2006 622 affiremdans 22:8 august 19:20,22,23 built 15:1616:22 2009 8:4 afford 7:16 19N bus 7:14,15,16,19 2012 8:8 agencies 4:7 authority 6:17,25 7:21,21 8:14,14 2014 1:1013:12 agency 18:20 13:8,21 9:12,1610:2,3 11:4 22:18 agreement 14:2 aaNnriaed 22:7 1L5,7,1115:26 22 1:25 ahead 3:6 5:6,10 available 7:19 17:9,9 25 11:7,8 air 1211 alignmenk 325 alternative 8:3,18 overrun 8:11 awmn 13:11 bases 7:4 bashes 17:10 business 20:23 3 31 7:4 b 35 7:3 9:4 11:5 13:6 businesses 17:1$19 Lack 3:15 9:2212:4 36] II:II 814 elleraalives :7, 13:x18:161218 20:12,14,22 ,harts 10:14 JGf 11:11 8:16,171218 ... 1:a 10:20 nn 1:82:10,1012 a10:22 bastes 8693:3,21 based B:fi 9:3 119 bedroom 10',5 4 California 12:15 225 4,000 4:7,12 41 20:12 beginning 3:13 call 112 410 10:2211:1 12:25 1;1 believe 7:23 0aft,21 capacity capacity 15:13 45 11:515:2 3:51 13:10149,11 Ifi:10 enaheim T.516:15 .I16:14 s[.7:7:51 16:19 ba est 9 9:2 ',scant 9:19,23 beneata 7:24 N:IA neat :13 capital Y14: carcase 14:8 fir 2:9 5:13 7:11,12 c 7:17,17,19 5 500 3:244:13 5100 14:14 ...licks 8:3,8 9:20 11:2012:7,17 12:2113: beat 7:38211 1:5 9:25 10:1$21 51:3 211 :3 IL13,2516:120:2 7 7th 14:14 scattering 19:14 2216 15:114:16:120:0 9 anybody 2:614:16 14:241'L118:9,25 21:11 anymore 15:21 app ies n's 16:7 bM,er 9:517:9,12 17:21,2218:22 19:24 big 7:22 bit 9:8,2311:417:12 acrd 14:16 cards 14:16,17,18 14:19 carton 7:15,18 carried 49:1 9704 123 22:6,21 tricot 12x7 ability 22:16 aLlc 3:211:21 1:2 approved 6.2212:3 board carrying 9:17 case @le 10:1,9 approve, I8:22 fi22]p IO:Ifi 12:4 :71 :161 rs 8:251515,18 ewrate 22:15 .roe 3:9,20 ]:108;Y 13:9,23,24 18:E2 13:22 16;3 continuing 4:24 8:131]12,14,21 19:18,20 16:12,1317:1,25 contributions 12:2 18:4 employment 15:6 18:7,1619:3,9,21 page 1 Vadtoat National Deposition& Litigation 8orvica, 75A 265 866299 -512] 1 REPORTER'S CERTIFICATE 2 3 I, MIRIAM G. BALTES, do hereby certify: 4 That I am a duly qualified Certified Shorthand 5 Reporter in and for the State of California, holder of 6 Certificate No. 9704, which is in full force and effect, 7 and that I am authorized to administer oaths and 8 affirmations; 9 That the foregoing proceeding was taken before me 10 at the time and place herein set forth; 11 That the proceedings were recorded 12 stenographically by me and were thereafter transcribed by 13 me or under my direction and supervision; 14 That the foregoing pages contain a full, true and 15 accurate record of the proceedings and testimony to the 16 best of my skill and ability. 17 18 Dated: July 1, 2014 19 20 21 MIRIAM G. BALTES, NO. 9704 22 23 24 25 Page 22 ]ease- environmentally] case 21:1,5 comes 19:8 .e 5:12,23624 cn8:159:1211:812:2 distributed 2:18 cases 21:2 coining 8:259:1 district 16:15 ticarid 20:9 10:3,8124 12:11,14,2513:16 document 32 catalyst 10:10 comment 14:18,19 court 14:15,2216:7 13:19 fie 2:484:25 14:2418:13,1] g ourthome 16:2 doing 11:141];18 5:22 14:19,2117 1 comments 2:12 5:16 cover 6:10 dollar 9:21 17:25 18:7,1619:3 13:14,1814:6,7,7,8 .average 9'.5 dollars 6:9 9:22 199,21,23 20:2,7 14:10,1318:8,11 great. 15:5 11:18 20:17 21:7,6 ear 1:23 drooping 15:9,11 center 4:159:5,7 commercial 4:2 cultural 12:9 15:1116:5 16 18 commit 11:0 currently 18:19 draft 5:15 central 2:21 commitment 11',24 cut 16:11 drive 9:7 ceo 15125 cmamanity 3:16,19 it due 19:18 certificate 22:1,6 4:15 12:9,21,25 duly 22:4 dally N:209:17 certified 22:4 VaX dated 22:18 duty 16:6 e certify 13:13,19 comparative 11:6 day 7:17 13:521',12 220 compatible 10:11 deeition 13:7 a 14:12 challenges 8:2347 ,nco khol 13:11 dente 8:1 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:2021 3 11:3,5,6,11,12 terms 6]11:4,6 Iranrpxrmtlno 6;19 vlx 111019:13 I5: @,12,15,18,22 testimony 22:15 623 skill 22:16 15:2516:1,1 1]:20 failing 14:4 19',11 traveled 15:14 e1We 62 1812013 text 105 tremendous 2aJ cola) 4:23 efretcL 16:16 thank 4:25 fia tremeMnnsly IR:24 eoeinemnnmle afretchinK 16:19 14:15 1):3,24,25 tried 3:215:4 15:23 striving 13:2 20:10 true 11:2122:14 gnxv 18:21 atudenb IG:9 thing 214 1522 try 2:11 south 61116:15 body 314,15]:25 things 11231]:8 tam ILS spaces 16:4 0:],9,13 iM1lnk 4215'.611:20 Mesdny 21,24 speak 10:1 staff 1]:11 16:9,20,21,ZJ two 3:9 9:5 9:4 speaker 2:]5:21 submit 5:1614:fi thousand 11:18 1020111213:11 18:1,13 19:1,)20:1 submitted 93 ihnnsantle 218 19:10,11 20:5,9 snLemnfivl G9 throw 2:2010. 8:6 NPe tl:2210:2411a apevkers 20',6 ecessful 15:16 1412 es 8:16 ¢peaking 2:9 xulMtl ):3 thumb fi:59:24 special 3:3 supervision 22:13 tLUredny 3',l 525 unidentified 2.'] fpexllic 99 supports 622 525 5:2118:1,1319',1,9 specifically 20:18 re 2:19,22 1:5,10 mire 2:19,223:5,10 He 20:8 20:1,5,9 spread 32 12:13,23 time 14:11 20:14 unit 4:2 equvre 1023 12:2513:214:8 22:10 units 43 stuff ):B IO:Ifi survive 20:14 times 234 upset 17:8 efvin 10:9 system 923 ID:IA today 5:12,2313:18 van 15:19 stakeholder I:1] 10:2111:112:23 14:)15:1)19:3 ve 8:2112221fi2 rtukeholtlera 3:21 209 4:5 75A -267 [useful - yaanol usefal 11:7 word 3:3,115:5 user 12:1 work 6:710:2213:4 usually 19:10 16:2 19:16 worked 2:166.9 working 6:2118:19 vest 21:2v sense 16:16,16 20:21 vibrsdon 12:11 works 6:12 vletnamne 2:6,7 world 15:15 vision 7:8,9,12 8:1 wow 5:2 vleual 12:9 wrldng 21:9,10 voice 4:21 wrote 19:3 11 y wait 10:7 year 11:1815:2 waiting 10:2,4123 years 2:175:1,20 walk 15:116:5 6:227:158:811:3,7 walkaLillly ID:10 11:812:1719:5,8 wall 16:1 19 ;11,12,12,13 want 2:9,143:55:7 20:13 5:11,186:5,6,118:5 young 6:4 11:13 12:6,13,22,24 12:24,25 13:2014:8 14:16,16,24 17:9,22 20:3,2521:7,10 wanted 2:193:10 5:3 7:22 8:912:20 14:11 18:5 wants 18:11 way 9:11,1414:1 16:2 20:7 21:1,14 ways 2:L16:12 1220 wove 2:17,18,19,20 4:5,6,20 5:19 wearing 20:8 weltume 2:95:11 went 7:7 west 2:228:1215:8 weet.Wasn 8:10 win 15:7,7 16:8,8,20 16:20 wish 17:11 wonderful 21:12 wan 17:4,418:3 Pagel Vedrext Notional Oep ,Rion & Liligafion Services 866299 -5127 75A -267 Public Hearing Meeting No. 2 Response PH2 -1 — Peter Katz The general support for the proposed project was forwarded to the decision makers for consideration. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Response PH2 -2 — Ruby Woo Detailed design specifications for the shelters, the park- and -ride lot, and landscaping have not been developed at this stage of the planning process. Streetcar stations were discussed on page 2 -13 of the EA /DEIR. The stations for the build alternatives will be located curbside adjacent to the platforms within the public right -of -way. They will consist of a shelter constructed substantially of transparent materials. In addition to seating, the stations will provide traveler information such as estimates of next train arrival time. The design concerns have been forwarded to the decision makers for consideration. The project would adhere to local established building and landscaping standards to ensure that the project is visually consistent with the existing surroundings. Response PH2 -3 — Unknown Speaker As stated on page 3 -197 of the EA /DEIR, the construction period is anticipated to be approximately 30 months, with major activities to be completed within the first 24 -month period. Response PH2 -4 — Unknown Speaker As stated on page 3 -197 of the EA /DEIR, the construction period is anticipated to be approximately 30 months, with major activities to be completed within the first 24 -month period. The duration of concentrated construction activities would be no more than six months at any given location along the alignment. As stated on page 3 -202 of the EA /DEIR, access to businesses would be maintained during operating hours. In addition, the second sentence in the second to last paragraph on page 3- 202 of the EA /DEIR has been revised to state that signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. Signs would also be posted alerting nearby businesses of temporary lane reductions, weekend or nighttime closures, and /or detours. As stated on pages 3 -218 and 3 -219 of the EA /DEIR include a Traffic Management Plan and a Noise and Vibration Control Plan to reduce construction effects. Upon completion of project construction, the build alternatives would allow improved access to Downtown Santa Ana and other high- intensity areas of employment, commercial development, and recreational opportunities. Improved transportation service would enhance visibility and access to existing economic activity centers, including those businesses that would be temporarily affected by project construction and areas targeted for redevelopment. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -268 Pagol210 Public Hearing No. 3 1 1 TNVESDAY, .NNE 19th, 2019, 6:20 p,m. 2 2 3 3 4 4 CITY MANAGER CAVASOG: Well, I want to welcome 5 everybody here. I'm going to go ahead and talk laud fi 6 because we don't have a speaker. If you want to follow TRANSCRIPT OF: 7 along on the ecm. , that'. great. You don't have to look H Sent. Ane- ..Ides Grove S at Mr. And we have court reporters here that are taking 9 Fixed Guideway Project Hearing 9 note.. AC the and of the .....station, we will an it in 10 Thursday, June 19, 2014 10 £or Commence and qu0at ions, but it's not a 0 a A. We're 11 11 actually doing this, comments, and then we'll take the 12 12 information or the questions and then we'll respond an pale 13 l3 of an environmental record then, okay. Now after the 14 19 meeting, if people have a question, we'll .tick around and 15 IS we'll answer it, kind of off the record, 16 ie Okay. The first .lids. Welcome. We-ma acing 12 17 this in three languages, Vietnamese, English, and Spanish. 18 1S Hidevenidos. I don't know haw to day "weldmml" in 19 19 Vietnamese, Who can do it far nee 20 2G CNIDENTIFIHP EPEAEER: Here, here. 21 Reported gy: Josephine C. Nok0s, CSR NO. 9090 21 CITY MANAGER CANAZOH: Give u. a Welcome. 22 22 NNIDENTIFSSG STRANGE: (Speaking in Vietnamese.) 23 Jab No. 1675706 23 CITY MANAGER CAVAZOE: Thank you. 24 29 So we've had three meetings. This is the third 25 Pace 1 -39 25 one. We had one at the depot, we had ... in downtown at Page 1 eage 2 Veritext Nvfonul D6iti &LitigntiCn Services Vttitevl Nelionxl !2itiun @Litigation Services 866 299-5 127 866fi62Y9 -412] 1 1 the Community room, and this to the third one on the west outside, but you can't do it now. After we're done, you 2 aide of town. We had it a1 different time.. We had it ad 2 can talk all night long, but we really need your attention. 3 a Saturday morning, we had it on a Tuesday morning, aso no 2 So w0 have it here at the City Hall Public Week. 9 on a Thursday night, ao laulla Could have different 4 counter, the City Clerk's office, the public library, S option.. SCme people don't have a car ao we tiled to 5 Recite Park, the tribe station. We have it at Garden Grove 6 diaper.. them throughout the city. 6 and we have It at Orange County Transportation Authority. 7 We do want you to know where the Environmental 7 We have the document and we'll pass in around in case O Assessment and the Craft Environmental Impact Report are. people need to know what it looks like. And it's on -line. 9 We have a copy here. Leta pass it around, Tanya, so 9 You can get it on -line and look it over. 10 people know haw big it .is. We've been at this thing for 10 Next slide. The orange County Transportation ll several years, millions of dollar. in planning in terms at 11 Authority Go legal Program We. initiated In 2006 as part 12 analysis, and we're going to talk about how to submit 12 cf a voter approved eeasure and it, kcal salsa tax for 11 comme.to. 1] transportation. When you look at the vision and the 14 Next elide. So We really, really want your, 19 reel.. for G..... County Transportation Au Chor i[y, you 1G .input. We're very grateful that you came tonight. Thank le have eery kind of transportation except for one. N. light 16 you, Again, we had a meeting ov Entails , we had one on 16 rail or ef—te.l. This is a critical point In Orange 17 Tuesday, and today's the third nee"Is . We're going over 17 County to have this type of transportation. we do want to 16 and above What . .... in.d. It's very, very important that 18 extend the reach of Metrolink and fester connectivity 19 we do that. So we have a 45 -day review period that will 19 thronghour the regi.n. 2C end July 7th. He you have ..Ill July 71h to submit Ee We identified the best proj pots for funding. 21 ......tar 21 There were 35 project. enbmitted. 21 of them were rubber 22 The next slide. nv tar eyries, basically buses, and four of them were rail 23 Cult, guys. Hxcuse me. Right over here. We've 23 projects. Two of them were selected for further study, 24 get I. keep quiet because I'm Crying to speak, and it 24 Anaheim and Garden Grove /Santa Ana, 25 people want to talk and have aide conversations, go 25 I mentioned the vision for Orange County eage f page 4 Vrvlmxt NatWnal Deposihond Litlgstion S.rvlam Verltext NWI.nnl DCpc.hk &Lhi,swnSnOn- 866299 -5127 866299-5127 75A 269 I L Iran .... Istion Authority. An integrated and balanced a few people that take the buy. In my life I took ... hue 2 transportation system that yupporte the diverse travel far nine ye are, nr a year., Seca... I. coLLldn't afford n needs mid reflects the character of Orange County. What I car. Later on in my Career, I took the train for two 4 does that Mmm7 That means if you didn't have a Car, they 4 years. I laved St. And I could afford a car. I took the S want to get you around in A Car, they want to get you I bus bacauae I had to. I took the train became. I wanted 6 around in a bus, they want to be able to move around in a 6 to There's a big difference. 7 train and also o streetcar. Go everybody had an '1 There were two alternatives that were reviewed. B opportunity to be mobile in Orange County. a The first one is alternative and. You can see it there in 9 The first step was the feasibility study in 2007 9 green. It starts out at the RegiWal Transit Convention 10 and it defined Santa Ana's transit edition to include a 10 station way up there on Harbor and 17th Street, and than It 11 modern streetcar system. Why moderns There wag one 11 come. dawn the ancific GI..tria right -C£ -way, which is 12 before. There Used to be a streetcar in Santa Ana many 12 very, very fortunate for Santa Ana because that's already 13 years ago, and it was again one of two rail project. that 13 there, and it comes along Santa Ana Boulevard, goes 14 were selected by OCTA to move to the Go Local Program step 14 downtown, lots of Stops downtown, and thee goes on to the 15 two. We began in 2009, a very comprehensive analysis and 15 Regional. Transportation Center where the train people are 1G alternative review whore they identified alternative$ for 16 ah. 17 further study in 2012. 17 Thera 'a the greatest number of transit dependent IB So the study area, we re in St. This I. the 1B households along this mats. it had the hlgbest daily 19 study area. But the boundaries are 17th attest and 19 ridership in terms of these are the banefiro. It has the 20 Westminster on the earth, First Street on the south, Grand 20 lowest operations and maintenance coats and the land uae in 21 Avenue on the east, and Harbor Boulevard on the went. 4.1 21 highly supported by this transit corridor in this route. 22 miles total. We had to look at alternatives. We looked at 22 Some of the challenge. are, it doe. impact on 23 the bus, we looked at bus [slid transit, and we looked Al 23 street parking. It drawn 't eliminate it, but it impacts 24 the streetcar. 24 it. Remember, if you have people coming on the train, you 25 Who takes the bus hotel Baiea your hand, We at 25 don't need as much parking. So there's a balance there. Page 5 Page 6 Vndmxt Nallonul O66 29Ron &Lityµlicn S.rvhnd 866 29R-3127 VSSilnel Nsllowl ➢66299 -5 &Lilllallun Burvlo:m 86G 2YY -Sft9 1 1 Be I don't went people to think, on, when parking Greg convenient, very reliable, and very predictable. It's very 2 away. — loch CUStOmere, They're coming fn a different 2 environmentally friendly. It eaves ale C tx 1.1 ty. It J way. They're Coming in on the train. 3 Eastern saleability. It's a Catalyst for economic 4 No. 2, this is a little bit of a different route. development. General rule of them, Some higher, some 5 It gees up to the Civic Center there. And the benefits 5 lower, but for every dollar, you get about a $5.00 economic 6 there, it doe. provide greater egb rage of the Civic Center 6 development investment. And St's very compatible with the 7 destination.. However, it is longer. It's more 7 —roc ity character and the coal.. S cic— itou.. It means a greater Cost, about seven percent 9 When I came to Oravge County eight man the ago, I 9 higher coat, and there in a little bit of a greater 9 said, give me a chart of density. People that lived here SO right -of -way impact, but that alternative was reviewed. 10 all their lives didn't realize how dense this city is 11 Then we had the beat bus alternative. Initially 11 We're No. 4 in the Chiron 9let... New York, San Iscariot., 12 a lower capital Cost, does not require any additional 12 Boston, and here we are in Santa Ana, California, No. 4. . rler -al -way b...... it'd already — ...tins right -1—my, SJ Almost 12,000 people per square mile. And then Chicago. 14 basically the roadway. 'There'. do adverse Impact to the 14 That's my hometown. So density I. one of the things that 15 environment. However, it has the lowest daily ridership, 15 people look at when they're talking about mass in There's Is m. ....City on the hues.. IC a leas efficient, 16 transportation, to move people around. 17 not as convenient, and it provides very little economic 17 And do we are the only — there are two cities in 15 development benefit. le America that don't have a streetcar or light rail and 19 6o why the streetcar? It's reliable and 19 they're both in Orange County, Santa Ana and Anaheim. 20 accede lh le. I mentioned earlier if you're weiting for a 20 Those are the two projects that are bell, reviewed right 21 bas, it ..a.. like an eternity, If you erne had 1. wait for 21 now, but every other city had a rail transit system. 22 a bus. When's it coming? Is it going to be on time? When 22 How much does it cost? As I mentioned earlier, 23 you have a train or a streetcar, you have an application 23 the initial Cost for a bus IS a lot lower, .o when you take 24 that says fu's going to be there In two mirmte., you go 24 over the life .pen and haw long bases lest Compared to 25 there, and Imes. what? There it is. It's very, very 25 light roil vehicles, you find out that the streetcar is Page 7 page B Voting N,ioml Delimits. & Lili,ram Services 866199 -5127 V,doolNmionel➢eOaxiflon& Lili,miun Services 866299 -5127 75A-F70 i 1 satee ly lase expene ive, In term. of streetcar option one, Iook at the impact on the community, what Offset. there 2 than a bus to. It's slightly, but lees axpen.iva. 361 2 are. The[.'. environmental justice fe.... to make sure 3 million versus 353. And as I mentioned earlier, the I that if we de thee, people have access to it antl It'. in a 4 streetcar two is about seven percent more expensive, and so 4 good location. We have to be careful about what the vl ... 1 5 £t'. about ele million dollars. 5 quality impact 1.. Cultural rcaourcee are a factor. 6 One of the [hinge that we need to do 1s make a 5 Traffic Bud parking, Wore. and vibration, air gbtlity, and 7 commitment Orange County Transportation Authority is 9 of cour.e what is the impact of any construction? These e going to provide the lsaderehlp, the management, will but a e are all factors that were looked at, and we are definitely 9 funding plan together and an implementation plan together. 9 following Bud complying with the National Enyironmental 10 They're working on lt. But they need to know the 10 policy all, NL+PA, and in. California Environmental Policy 11 contribution of Banta Ana. We I recommended to the city le Act requirements, CBPA. 12 council and they voted unanimously that we would pay 10 12 We don't have a recommendation right now. We 13 parcane of he operations and maintenance Caere Right new 13 want your input. We want you to tell us what you think. 19 it's estimated at about five or $600,000 a year. Go that'. 14 It's very Important not we want to choose a .cute where 15 our contribution to the streetcar system. 15 we look at lots of facto[.. One is how many people get 16 How will this be paid feri hots Of ways. 15 served, especially individuals that don't have a ca[ that 11 Measure 2 monay. It's already being Collected through the 19 need transit to get around. We want to maximize the iB .ales tax. Federal funding is a p ... lbility. Star. 10 henefiCS and manrmize the impactls. Wa want to have 1P funding is a possibility. The .are box, people paying a 19 rlderehis and we want it Co be easy for people to use the 20 portion. There'll be advertising and uaer lade that can be 20 .,at... We want to be careful on how we manage our costa. 31 Collected. Arta then again, city and possibly economic 21 Again, we want community input. 22 development centrihntion.. 22 And we do want to increase the standard of 23 Po why have an environmental analysis? w. Se living, the quality of life, aso generation C£ acme 24 really important. It's taken years to do thee. St's very 24 [eeourceo so that we Can improve the quality of life in 25 comprehensive. We were very, very diligent, but we need to 25 Banta Ana. A lot of people will move to an area to be by a Page 9 Page lB VetilatNmi =aIDVusltlon &litlgnticiiSmiees Veritoxl NalionnlOmasilion& Litigation Services 866299 -5127 866299-5121 1 1 t[aiu. People want to live of.. to Cransportatlon. I[ the design, have a funding agre nest, begin construction, 2 change. people'. live.. Cara are expene ive. I.. is 2 and then begin operation.. I don't know exactly how Song 3 expene fie. Insurance is expensive. And if you have good, 3 it's going to take. It d .... do on the plan. but thee. ar. 4 solid transportation, lots of times it has a tremendous 4 the .tape that are required for a our, ... ful 5 impact he people's ultimate decision on where they want to 5 implements Cien. I live. 6 How to submit comments. Whole got the cards? 7 Bo here's what'. going Co happen in the future. 7 Tanya, false your hand. Anybody want a card? Get it from B We're getting all this input, The 45 -day review period B ...ye. Here'. a .eupl e, Cheed, four, five. But you can 9 will cud Duly 7th. It takes us about a month to collect 9 take your time and review it -- we'll gee you one -- and 10 sit the .information, make sure we thoroughly analyze it, 10 mail it In. You can email it to us. You can fax it to us, 11 Working very closely with the SPA and the GCTA, and we want 11 you can give it to us on -line, or if yen'rei not afraid to 12 to recommend a route, what is our preferred alternative. 12 talk in public, we have court rep. r to re here. And I'm 13 Then it will go to the Orange County Transportation 13 going Co ask the people that speak to come over here and l4 Authority board of directors in Grace— The city council l4 kind of look in this d,I -1... ae they Can hear you, if 15 will review and tariff, the Environmental Impact A ... at in 15 possible, because we want to make sure we get your record. 16 October, and then hopefully later that month or shortly 16 And we have until 5:00 o'clock p.m. on July 7th. Be don't 17 thereafter, the Federal Transit Administration will find no 17 come to me sad say I need lil]. 6:00. S:OB .'clack, July 1E significant impact and then we [e on our way. That's the 18 7th, please. All right. Let'. at them £n. l9 goal. 19 Next elide. I want to thank you for your Be Just to emphasize the next step., we definitely 20 interest What I'm going to do is ask people to fill them 21 want your input. We have to certify the environmental 21 out, and then maybe we'll start in the back this time. So 22 d ..... of. I mentioned ..,lies that the Orange County 22 m the last row, does anybody want to make public comments? 23 Transportation Authority is looking for financing and an 23 okay, you can still fill wt in. upplication. 29 implementation plan, and then we'll initiate the project 29 Dons anybody want to make a comment In this ,ow? Okay? 25 development, the engineering, the right -o£ -way acquisition, 25 Anybody here? How about in this row. Anybody want to make Page it Page 12 Vermaxt Nukmal Dejewifinn &Litigation Semcaa Visited National Depeaition& Litigation Sahwea 966299 -5127 866299 -5127 758 271 1 1 a Public comment? Okay. CITY MANAGER CAVCCOS: You can ask me any question you 2 VNIDEflamlIO 6I.AKER: (Inc.,. In eerp re to r) 60 2 want, and anything you want to ask, we will either 3 we re now in Phase Two and he wants to Luck what other 3 reiterate what we said in p,is, meetings or answer your 9 phases there are, 9 questions, but we want year comments bacauee we don't want 5 CITY MANAGER CAVAZG6: Can you pull up the screen on 5 to make a mistake. So If you have a question, we will 6 the route. SO here we just link one of them, just like the 6 respond ae p.It o£ the envrronmental. On do you want to go one You had there, bur 7 far it? 8 CATHERINE HIOLCY; Oh, you want the route? 6 IFINGRE[FEEO SI.Aost: ... e. 9 CITY MANAGER CAVAZOS: Okay. Wall, there were 9 CITY MANAGER CAVAZOS: You at to talk laud because to d.iacnealonm that occurred, we don't know anything about St, 3I they're taking note.. 11 about certain phased, like we're going to do downtown first 11 ONIVENTIPIEO SPEARL"R: Sure. So I guess by question 12 and then we're Maine to do thin first. This is the progra m 12 is in terms of tours that are being given, eo there were 13 at Work. This is the cycle.. Later on, they may no from 13 tours that were scheduled for folks that wanted to nee the 19 17th Street and Harbor onto another place, Maybe Garden 19 potential routes and where it would run through and learn 15 Grove, but we don't have plane for that right now. This is 15 more about I guess the proposed alternatives. At some 16 the system thet-a being proposed, this alternative and 16 point they got stopped and we didn't get to take the tour, 17 alternative two. When It gets done for implementation and I9 no I know there's a ouple o1 folks that have been asking 10 it gets bid out by a program manager, they will make IS me, like what happened with those Issue, So my question is 19 recommendations on how to construct the project, but it's 19 if those are going to he given again and if whatever input a. .11 one alternative. E.I. O Thank you. Go folks give throughout those touch will be considered in 21 Anybody on this row. Oh, you want to talk, 21 this whole 11....e? 22 .1 EENTIPIEO SPEAKER: Co. I ask a clarifying quahtiOn 22 CITY MANAGER CAVAZG6: The .newer ra, we want your 23 because I'm confused about if this is question and answer 23 input by email, by fox, at this meeting, but if you're on Me about just the environmental impact review or comments On 29 tour and you tell something to somebody, that doesn't 25 it? 25 count. It'. got to be part it this public meeting because Page 11 Page To Yentas[tablonal Doposlllon &Litigation Services Voeitt tN.11onal DC osition &Litigation SeMeac 866299 -5129 866299-5127 1 1 they're not set up for that. So we can have it tonight or up. 2 you can do it by email. If you want and have questions 2 IMIIGIVIFIEO NaSA.F! (Through Interpreter Okay, I 1 about the route, I would encourage you to talk to who? 3 aaw, on your presentation, I saw that we are concerned I Right here. a about the eoitio meat, We took measures for the WILLIAM: Talk to me, William. 5 env rro mmenL My question I., how I. this going to affect as CITY MANAGER CAYAEO6: And he'll get a hold of you 6 the equity in the properties? PH32 7 outside or he can go through it visually or he can schedule 7 IMIOENTIFIEL SPENAWS: Ie that your question? 8 a time feT you to go on the tour, but the only public S VNI ... TIFIEO EPEAHEE: Yeah, if the city'. planning to 9 sc.sent 1e holes.. now sad July 7th and It's at tc be In 9 do an equity analysis. 1. writing or verbally at the meeting or with the Count In CITY MANAGER CAVAZG6: That's part of the work that's 11 reporter. 11 been done, and we will respond to that question, but that 12 fie I got this an Do you want me to come back 12 was one of the Fatter.. Oo back to that elide where I 13 to you? You're good. Come back later. Anybody on this 13 talked about that. 1e coal Yee. 14 This In one of the factors we considered, night 15 ONIEENTIPIEL SPEAKER: (Through Interpreter) On 15 there, It. community effects. 16 Fifth Street, I travel On that street on bike. I drive. I 16 CNIDENTIFI3k SPEAKER: And environmental tactics. 1? purchase Items in CM1Oee businesses, My qua e[i On i9. M1Ow 1a PHWI 17 CITY MANAGER CAVAZG6: And BOV iYONAen tai justice, 18 this going to affect the street, the busineoses7 1E that'. part Of the coneider.tien, but we'll respond In 19 CITY MANAGER CAVA2C5: So St's a Brest question and 19 failing to year quo eLfon. an we'll answer that in Writing. If you want to get into on Okay, anybody in here? Did you want to say Ol another dust a friendly discussion about that, we can talk. 21 se.cliin" 22 It, not part of the official YeCOnd, but we will answer 22 VNSDENTIPSED SFSAKER: No. 23 that question in writing. We will answer, how does it 23 CITY MANAGER CAVAZOS: Okay, you're fine, How about 29 impact the busineseee? 2s over here? Anybody? You had a comment. Go ahead and talk 25 Anybody else On this [ow? Here we go. You're 2S laud. We want to hear them. Page 15 Page 16 Vehtexi Notional DCpositisn & LitiSSlion Services Ventext Natiowl Depnsltian &Litigatlnn 5ervives 866299 -5127 866299 -5127 75A 272 I 1 WAN CHA: My name a wan Cha. I'm a property owner an then go back, and then to Fourth Street, they atop it. 2 Santa Ana downtown. In Santa Ana downtown, the buildings 2 Example, my building's right here, and a lot of ate built I. TOBY to 1925 and 1920 have an on- suite, sad 3 my customers go to shopping for the Santa Ana downtown. If 4 then t0 the old building [ modalinge in 1925, have a 4 trailer. We to Fifth Street, antl I say, we put the 5 remodeling. And then we have seismic in 199fi. And we have PHBJ 5 business, It's not on Fourth Street, we put the business 6 -- my building doesn't have a foundation, and then to the 6 for the Fifth Street, and then to Fifth Street, people trailer is coming in and out. They have a lot of impact. 9 doesn't go. And now theme people, they try to -- we need B And Santa Ana downtown, that's a historical B to bring these people to Santa Ana downtown to shopping 9 joint. It's more than 50 years old, and the United Stated 9 area, thee. area.. So these people atop and then one block 10 and American history, vety .hurt. We have about 200 dame 10 e1 two block. go down to the First Street, they never come it years. We have to save, you know, the old buildings, 11 down. They just straight go to take A new. for the bud or 12 older, older, you knew, cultures, and these kind of things. 12 train on harbor Boulevard, but they never stop right here. 13 SO now - and can I look at the -- can I go back to the 13 Maybe they atop, but rot major people. Major people, they PH34 cant 14 alternative No. 1. So can I A. outside in a mmube9 Can I 14 need .hopping. They need station to get out Fourth Street 15 go outside? Thank you. 15 right away, if they going to put on the station right here. 16 The City of Santa son, they have a plan, and here IF But it's not, and then they going to put on the train 17 to here, these areas is the Santa Ana downtown areas, and Pl station for the Santa Ana Boulevard and go back Harbor 1B then the trailers going t0 the station, the train station. It Boulevard and then right here, and we have a parking lot to 19 to go back to this way, Santa Ana ...leveed, to 9. to the 19 Pi Eth Street and on Third Stuart, and the peoples come into 20 Harbor Boulevard, and Harbor Boulevard and they can go back PH34 20 the fleck. down there, and then this journey for the First 21 to Santa Me downtown and then go back to train station. 21 Street, we don't put the ca[ anymore. There's a problem 22 So I do not understand, and then if City of Santa Ana, they 22 joining the peoples walking in and out and they can go to 23 try to get a development and more business for the Santa 23 kernels now. 29 Ana downtown area, and then why they have the trailer go to 29 So my idea I., we just going uo vas only this 25 Santa Are Boulevard to In back to Harbor .ouleva[d, and 25 line or take out this line that looks like Santa Monica Page 1? page SB Votimxt National Dapneitinn &Litiptiuiikrvices VenmxMatiwsl Deposition &Litisehsv 3srvimt 066299 -512) 866 299-5127 1 downtown. There'd a problem joining them. So right here, By the way, I'm wearing the Gooks you sold me, right here. 2 the First Street, Santa Monica Boulevurd. And then also I 2 So go for it. Come on over here because you get a better 3 went to Demec, Colorado, the downtown areas, with no Y view. Right heed. Hexe we go. 4 parking, just the street, the trailers, and peoples walking 4 ABOLPHO GOP %2: My name Se Adolphe Lopes and I to a 9 on it. 5 property owner on Fourth Street right there by what Mr. CIA 6 CITY MANAGER I. OG: Thank yon. 6 was referring to, and we were talking about, we're very ? WAN CHA: A. V. conrerning for tie problem joining PH314 ] concerned about the impact this is going to have on the B right here or they can put It on, they going to change this msL B dewnLOwn and Fourth Street especially. we got buildings PHyp 9 way, and then the people, even harbor Boulevard, the 9 Over there from the 19005 and we want to ahow them ofl, o 10 peoples coming in and this right here, shopping, and then l0 we need to have some kind if one like Mr. Cha was talking 11 go to the station or these peoples come In eight here in 11 about, and we were thinking maybe later on turn that into a 12 the .hopping and then go hack to this station, and then 12 promenade. Right on Fourth Street, turn that into a 1] here, these areas, people in and out right away. 12 promenade and let the streetcars park maybe on First Street 14 Thank you. 1B and walk right to the promenade no everybody eoncenteatee 16 CITY MANAGER CAVASOB: Thank you very much. Okay, so 15 .n the downtown area. Thank you. 16 I forgot where you were sitting. 16 CITY MANAGER CAVA20B: Thank you. That was short and 17 UNIDENTIFIED SPEAKER: He was right next to me. 11 to the point. We gat this row covered. We got this row 16 CITY MANAGER CAVAZOS: Okay. So we Can't. F. 10 Covered. You want to talk about it, go ahead. 19 backwards. Not yet. You can .eve if you want to. You 19 GAEL O'CAMPO: So my nemC a Saul O'Campo. 1 am a 20 wool to move. Go for ft. 20 sophomore at Godlnea High School and I'm representing 21 UNIDENTIFIED SPEAKER: Yeah, I went to mass. 21 Sacred, and I have a question and a comment. 22 CITY MANAGER CAVAZOS: Anybody else wants to talk 22 My question is, what in the ....[unction for IH}B 23 again, move up to the front. 23 whatever the alternative is going to he going to look like? 24 Eo this row ..a already done. I know ye. came 24 Ad, by Coneal. I., if yon are a student, go to Mendez .r 25 late, so if you want to move up, I know you need to Calk. 25 middle college or Willer or any other school that's on the Fag. 19 Ingo 2. Vastuat NIDlenal Dopaeition& LIIlgallonsvvwau Vsumd National Depmitimt& Litlgvtlod Safaiws 9662995129 966299.5121 75A -273 I 1 north aide If Gaeta Ma, and live on the mouth aide of E.Cclm Street right next to or. Cha and ale. Adolph. Lope a. 2 Santa Ma, how will they he going to school through that 2 2•m mn....d about the construction if it goes is on p^`2 cona[rmtiof Or vice - Assam. If [bey live on north, on 3 cou1 T Street. I prat Cy much support the same idea that the northern area .f Santa Ana, but they go to school in 4 Mr. Wall. ' said. TM1a but it. Thank you. 5 the southern area, how will they get to schOO17 Are you PH &6 at 5 CITY MANAGER CAVAZOS: Thank you. Thank you eo much, 6 guys going to provide any sort of transportation or one we 6 We're almost done here. We got a .T body in Chia mw: You Y still gain, to be having tc ..'port ourself and pay for o t want t. speak? You're good. Madeleine? S Own transportation going mdOmnd that Construction, or Will 8 MAORLE I NR SPENCER: 'Th. question I have today 9 it just be straight through the conatnmtion? And that's 9 actually Concerns alga a question that I asked before, but 10 all I Inc.. 1g today 2'm asking a little bit different. I know that the 11 CITY MANAGER CAVA2O5: Thank you That's an 11 City ham a Nixie site that goes out to 3,000 people. I 12 excellent question, and we're going to amwer that 12 know that the city clerk's email distribution list is 150 13 question, but I will tell you right now that we will have a 13 people, and I know that if this was advertised in English, 19 very successful construction program and nobody's going to 14 Spanish, and telemedia, that would be good. I know there's 1S be imported in term. of no. to get tO "Co.. So we'll IS a ..metal web site, a ga C¢book, and Twitter. this is lama 16 My is, out of 350 iudividualm that live I6 work on that, and the construction on project question PHSE 17 intend. than 11 would be on a major rail 'deject, s. we 17 in this city which is just — I knew that there's more 10 don't believe that anybody's going to be impeded from going is people than that that live in this city, what is an average 19 t. school or shop or anything like that. 19 than says that the SIR report has actually done the maxima 20 Yee, air. 20 amount of outreach to this city, if especially, there is no 21 VNIEENTIFIED GPEARER: Can I speak over here? 21 ac Cesm to computers? We know that in the library, there's 22 CITY MAN.. CAVAZOS: NO, right here. Go ahead. We 22 16 computaie, which are for people's accaaa in the City, 23 w ant you to be by y1.11. so they can record your cemnenta. 23 and during the survey that the City did for strategic 21 PALL YANG Z: On, okay, I'm going tO be very short. 29 planning, the numbers of that survey are going to show you I PH &7 25 My name is Raul Yanea. 2 also have a few properties on 2G exactly the number of people who responded. The city had 'age 21 Page in V,iib t National Deposition& Litigation 3srvlcmi Vantsit National DOpoeldin& Litl&etisn Saving 666299 -5127 866299 -5122 1 1 to g0 .11 and do a fobo-Call and bring out truck. into the Anybody over here? 2 city to be able to get more people to understand. 2 VNIDENTIPIED SPEAWAR: My question woe, 6. thee. to the Sunehie, Ordinance, 2 studies, de they has she's being served the most, like on 3 According you're PH3-10 9 ..''seed to do outreach t. people within 500 feet of where O.M. 4 theme different routes, like is it the local residents or 5 it is that this project I., and I want to know what kind of 5 the regional for these different route,? 6 numbers because so far from the numbers I've seen at theme fi CITY MANAGER CAVAZOS: Well, that's why we have this 7 meetings, this does not validate the number of people in 7 study available. The analysis is in there, the impact. E this community getting public Outrea.h. 0 It's on -line. We encourage you to read it, and if you have 9 CITY MANAGER CAVAZGS: Okay, thank You We're going 9 comments from that, please let us know. 10 to Coma hack, but we Ire going tO get everybody on thin line 10 Okay. Tha.k you. Go far 1t. 11 first. 9e with the exception - okay, I'm going tO go back 11 ISAEEL LOPE.: My came 's Imahel Lope., and I'm PM911 12 to you because that will be four times. Go for it. You got 12 wondering, how do you guys notify the residents of the 13 to talk laud because they're recording everything. 13 area? 14 ONIDENTIFIEG SPEAKER: Yen. SO you mentioned that 14 CITY MANAGER CAVAZOE: ...a quad tlon. 15 it's not going to be a lot of impact as far me 15 ISAEEL LOPEZ : Because I live On Santa Me Boulevard 16 construction, but I'm concerned about parkin, then on 16 and I went all arouud and nobody got no notification about 11 the -- not in the downtown area bananas we already .poke 17 the meetings. 38 about that, but than going up. I. theme gCing to be an 1S CITY MANAGER CAVAZOS: Great question. go I will tell PH3 -9 19 aIt .... Cfee, Are there g.1., to be -- C. people that live 19 you that we have exceeded the requirements for notification 20 around, what's gain, to be that? And If you .hawed ua 20 and I want -- .laRan's not here, but maybe William and 21 the report, I believe that we're fourth IT the density, is Tanya, can you Came over here and talk about all the 22 there an idea of doing other than the downtown area where 22 notifications we did, and we'll start with Tanya. We're 23 folks do need transportation, the rest of the city? 23 also going to answer this question In writing, but I want 2e CITY MANAGER CAVAEO6: Okay, em we'll answer that 29 people here to know that there has been quite a bit of 25 question in writing. Good question. 25 notification. We-11 90 with you, and then we'll start with Palle 23 Page 24 offing, Moi ...[Deposition& Litigats"n,ime Vditext National Deposition& Litigation Services 866299 -5127 866299 -5127 75A 274 i I 1 I col. H3 -12 - after you, we'll balk eo William. going to go to the COST. Now do you decide which one is 2 TANYA LYON: M. the aneez to GF aC qua etf On that you w 3 the locally p,elected alb a rn a tl va chat wi 11 go to the OCTA4 3 had is that we sent out notifications On poet C2rds t0 3 CI'£Y %ANAGER CAVAZOS, He wo re going t0 nee the 9 e try ed within 500 feet Of the route. We got con£Srmation 4 Ontario I described there. Go back to that elide. S back that 9,500 postcards did go out. We pouted the actual 5 Ho thee. are the factor. for evaluating the 6 hard copy of the notification. ae well at sax different 6 alternatives. 6o se a going to recommend to the city ] locations here, as well as posting it omllne and in the ] are9ex, t0 She city council. They get the final deb ?"., B City of Garden Grove. We also posted the flyer and the a and than after that, we a going to go ahead and provide it 9 lnfoimation at every single community center that we have 9 t0 OCIA, e0 there's two or three checks involved. 30 in the City of Santa Ana. We also did outreach via social 19 Yee. 11 media and also sent out a press release and it was covered 11 VNI➢BNTIFIAO SPEAKER: Thank you. 12 by at least three different news organizations. 12 CITY MANAGER IMAMS: You made it. 13 CITY MANAGER CAVAZOS William. 13 VNI➢ENTIFIEO BC.ARAR: Ee I. this procee. of in ... t£ng 19 WILLIAM: And I just wanted t0 add C0 that that we 19 n equity analysis coca the envliOnmPntal ...lyuie aspect, 15 also used our official records of the County asseesar a 1S I'm wondering if -- one of the area. is the community 16 office to send the postcards to the property owners, and 16 effect. that this will have, eight, and V. wondering if 17 then we also sent them to the tenants, obviously the 17 the term community will be broken into parts of low- income as tenants are the addressee in that son -foot radius, but ie communitfe3, minority V,q, and aV n geographically, pH -13 19 wherever we had records available for the property owner., 3.9 rights Like how close I. It to 10w- income housing or to EO we also sent it to the property owners. 20 areas where gang injunctions are currently cited as. 21 CPTY MANAGER COSRGO : Okay, and that will be part of 21 And in addition, the community has until only Its a2 the official seoosd, too. Yes, a2 to give their input, and I'm wondering if there will be 23 ...NTIFIEO SPEAEEA: I don't know if you can one war 23 room in the future for them to give additional input sine. ae this queati0n right now, but it said oa that one tilde that PN3 -12 I 21 that equity analysis is not currently existent. a5 the locally preferred alternative. out of all of these I. 25 CITY MANAGER CAVAZOS: So we'll answer that question Page 25 page 26 Veriest National Depnatti0n& Litigation Sorvi.rs Veritext Nnlienul Deposition &Li0gan0n Smvkw 866299 -512] 8662995127 1 I Sn writing. These are the alternatives that we are using. CITY MANAGEA CAVAZOS: Okay, that's a great question, 2 Another slid., Cathy. Cathy, Can you go back 10 the other 2 so we'll answer that in writing. There's streetcars all 3 slide, class.. Sul here are acme Of the otMy impacts In 3 OVer the country. My experience has been, it'e . little a choosing a route, right there, okay. But we'll provide an a bit more than the but, but not coat prohibitive, but we'll 5 answer t0 you in writing. 5 answer that in writing. It'. an estimate. A to the reason why it-8 important t0 do it in 6 ONIDRNTIPIEE SPEAKER: IC's $a.00 On your FAQ- 7 writing is there are people that are not at this meeting I 1'hat'e what SC says. B that are very interested in your question., and we want to B CITY MANAGER CAVAZOS; Pardon me. 9 make sure they have It 0n -line so they can ask, well, how 9 [INIOEN"IT.O SP6AK6R: a yA— Prequently Asked 10 did people get notified? Hew do you decide the route? 10 Q... tight ..mile. on the an .Ste, it .aye $2,Oa, 11 What's the ai.11 How long have you been doing thin? So 11 CITY MANAGER CAVAZO6: Okay, you guys need to talk to 12 they Can read all those I ... cars, Including the Federal In each other. I Chink it .a15 $2.00, but I guazantee you we 13 Transit Administration will go over that. 13 don't have our financing plan yet from COCA, so it could he to Bo we at everybody here? Ice, its le 1.75, it could be two and a quarter, but right now probably 15 UNIDMTIY12D SPEARGR: I have a question along the 15 maybe $2.00 is the answer, but I want 10 make sera we do It 16 tame lines, but in addition to that, these ie a safety -- I 16 right. don't know if Ice a problem, but etreetcare do not have 17 Okay, I'm g.1.g to He this way again. So we're 1R good safety records. What are the accommodations made to PHT14 15 eh the ..,Okay, round here. Does anybody have a question 19 avoid mistaken that have been made in other communities 19 here? This aisle. This aisle. We're here an thle aisle. 00 with .Genic.. toenail? an Go for it. Salk loud. 21 CITY MANAGER CAVAZOS: Glen queatiga and we'll answer Cl UNIDENTIFIED SPCARZR: S. we know That funding for 22 that one, too. Thank you. 22 active transportation projects is not -- there's not a lot 23 Yee, 23 of money, period. 6. my Vacati0n f., long term, I know PH &16 2e UNIDENTIFIED EPEAKEA: Do you know what the average pH3 -16 2M1 we re updating our circulation element An the city that hoe a5 coat would actually be for me Co take that transportation? 25 several projects potentially for the next 20 years for mar Page 2] Page a8 Ventest National Depealtion& Lingollun Sernas Vodlmt Notlmml Deposition& Litigation Sm,hre, 866299 -5127 866299 -512] 75A 275 I 1 bike lanes and also ptteetrlea improvemenre. Ratio this oppoe its. L funding at all 111alt fundfag that we mule potentially got PH3 -0B -11 2 THE INTE R2RIITER: The oppoeice? 3 an eM1e next I gun ee five, ten year, for chose project.? 3 ONINGETIFIEE SPEAKER: 'Phe oppoeice. 1 CITY MANAGER CAVA20S: 6o we'11 answer Lha, question, 9 THE INTERPRETER: I'm sorry. I at It w ong then. I.e. Yes. 5 I'm very ...... 6 ONIDENTIPIEO SPEAKER: I was wondering about how 6 GNIOENTIFIEO SPEAKER: (Through Inferno terl 6o thin you're going to have designated stops for the cars? Is it I project is going 10 have such a huge investment chat we B going to be like a bus stop, when You think think of the Cles.ic PH3 -17 0 trials the atreetca it'a going to be a project in the 9 bum stop, where you maybe have a bench and a covered area, 9 long term to help the people in City of Santa Ana. PH3 -18 10 or is it just Out in the open? 10 VNITENTIFIEO SPEAKER: net was the -- it's a 1l. CITY MANAGER CAVAZOS: We have some pictures of the 11 question. Not a statement. How it's going to help the 12 stations there and they'll show you what 1t'e going to look 12 People in "at, Ana? 13 like, In if you want to ]..it .1 that when we es dead, you 13 CITY MANAGER CAVA205: Gl.... goad. All right. Haiti 19 can look at it. Gkay? Ie that fair? 19 we or. again. Anybody? Beautiful. Okay, we re oa the 15 HNIOENTIPIEB 6PHAKKR: YO S. 15 In or row, the last raw, and we a goon, to start with you 16 CITY MANAGER CAVAZOS: And this 1e all on -line and 16 and than Work this way. IY we-11 have pictures available for everybody. So that's the Iv ONIOENTIFIEB SPEAI(E R: I'm just Peacha£ng, I vet a PHb19 18 stories fight [rare. 1E walker. For disabled people, are they going to have t0 90 19 So se re done with this here and now We're on 19 in and out or tee step. or you just jump is' 20 this row. 20 CITY MANAGER CoNta : It's level boarding. I 21 ONIEFNTIEIlE SPBAKE R: (Through Interpreter) So Cl enC OUi age y1. to look at the station. That'¢ one of the 22 basically do we choose a streetcar that's going to benefit 22 advantage.. They're bigger, more spacious. But I world 23 the Community, ic'e going to help the trannportacioa 23 like you to — Tate, could you help her with thane 29 especially also south. Be in other —Co., I guess -- 29 questions after the meeting real quick? 25 NW.t NTIPIEO SPEAKER: No, no She's 9ayi M1g the 25 taldglNTIPIEO SPEAKER: Sure. Page 29 Page 30 Vet 'iFeet National Depositi art &Linnatien Semv¢n Verbal Nebrand Deposition& Lifigtfion Son ices 866299 -5129 86629115127 1 1 CITY MANAGER CAVAZO6: Yee, air? ENIE3NTICIEO SPEAKER: August /fiepteaher time "I", 2 ENIGIVICTIEO SPEAK.: Obvi OU,ly you're using 2 CITY MANAGER CAVAZO6: August /.¢,camber eY,n better, 3 el.olvicit, Have you considered using or building your 3 and they Will detail the financing plan and then that will 9 own off the id molar is to provide the a because grid Pane energy PH3,20 9 be t of CIA bananas the the One. that lie giro, to Per they're 5 solar, the panels have adyaaced eo much just is the last E be the lead. As far a. the cfly'. participaclon, it's five 6 live year.. In the last 2C year., it's inCYedible. 6 or $600,000. we axe comm.ttted to doing that. There are a ? CITY MANAGER CAVAZOS: okay, good questing. 9 myriad of ways to get there and we are Committed to doing S Madeleine I. our final .,esker. B that, but it's four Or five years in the future, .o I can't 9 MMElr1b. SPENCER: I actually just wanted to ..it, 9 tell you erectly where that pet's going Lo C.ma frem. 10 though, if the funds are coming from the M -- what's it 10 MAOELEINE SPENCER: But wouldn't it typically come 11 cslled, the M] 11 £rem community development fund.? 1] CITY MANAGER CAVA205; Measure M. 12 CITY MANAGER CAVAZOS: No, it could Come from 13 MAOELHINE SPENCER: Yee, which 1, capital funds, 13 anywhere. Okay. That was the final question? Ti right, in our - it comes from capital funds in our budget. 19 VNIDENTIPIEO SPEAKER: I have a queeti.e. IS CITY MANAGER CAVABe.: Are you getting at the .."A. 15 CITY MANAGER CAVA206: Ism, air. 16 of he fund., the Moen 1610 finds] 16 UNIDENTIFIED SPEAKER: This project is going t0 go 17 MAOELSINB SPENCER: Rhere I. it going to Come frem ll through our neighborhood, and our present concern is what 16 from the city with the amount that you're talking about? PH321 16 effect it's going to have on the residents and haw many PH 322 19 Ie It coming out of community development funds? 1P resident. a e going to be displaced if Ohio project gone 20 CITY MANAGER CAVAZO6: Community development. Be I 20 through? 21 want to emphasize that right now we're talking about the 21 CITY MANAGER I.e..: I don't think any residence 22 alternative assessment and the environmental impact review. 22 are going to be displaced Baca... it's in the public 23 OCTA is doing an implementation plan and a financing plan. 23 right -of -way, so we're not going through houses or anything 29 It should be done - when is that roughly? You said 29 like that. And in terms of your question, maybe take a 25 September ar August? 25 minute and mower his than question, but we'll do is In Page 31 Page 32 Vormat Nat ional Deposition@ Lltlpotime Services VogentNetweal Depnsltion&Litignien SemmM 866299 -512] N66299 -5129 Mai I <Uarveler 5'.3 A:] churl 89 ea 6:11,11 J114 evmlog 6:24]:2,3 v 121149 ben <U 299 1 <M1e <lu 2f::Y ]:Z2 17719 10 benefit ]iB 2922 10:11134:4 <M1leegv 8',13 w[itin9, Dec. Weeks 619)5 <:111 2la 2 C[TY MANADER CAVAZO.: Okay, enjoy your evading. 3D''tl 2 cnPneiN ]:16 <bvaxb:g 2]:4 vmmenM1 2:IO,It t3:IJ,2112:Q22 better 10:231'.2 enPllvl ]1tb h13 3 Thank you for coming. 31'14 circulation 28:24 13:29141421;9 Lienvenitlns 2:Ifl 3 I, the undersigned, a Certified Shorthand 10161021 dues A:1] 4 LIRRer 1022 If you have a question for the record, they'll committed 31:fi,] M1lke ISt629:1 4 Reporter of the State of California, do hereby certify: bit ]:4,922'.ID 24'.24 9 take it. 2tl:4 arefvl 10:4,20 14:1.9,11 15:6,19 m;nuullY 3:1 P:] vv10a,21 5 That the foregoing proceedings were taken before ae 49 6 25:9 26.15,1],21 (ene of transcription.) tumlynl 83 20:1611:11,2222:5 29:2331:19,20 6 me at the time and place herein set forth, that any 3111 ] mtl}' 2]:2,2 (TIME NOTED; 1:10 p.m.) M1mtlevnrd SR1613 .... ms 2:4,11,9 23;21,2A 24;6Jq,18 9 slide.... in the foregoing proceedings, prier to 1 iv 10:9 a.:U Y H e 15:6,1916:10, V,9 26:6,],12,252]21 evmprebensiv¢ 415 ZdaS 1946,15,18,2220:16 ZB:I,B,I I,142'J:4 S testifying, were Plaoed antler oath; that a realistic record 29:11,1( 3u:9,Il,2D 9 box 9:19 23:24 24:6,14,19 31:1,],12,15,1N,2U eentrvhx 20 14 bring 18:823 1 25:13,2126:3,1225 9 of the proceeding. we. made by me using machine shorthand dtyh 12N 123 10 budget 31:14 29:d,11,1630:13,2v lisle ]:5,6 22:223.16 building 17A.6 31:3 31:1,],12,15,20 10 which was thereafter transcribed under my direction; dvsvl< 29:9 It M1ulltling. 122,11 <;ler 6:15 ]:S,fi elerlls d:422a2 [nnNmxlixn 154 21IP 259 11 further, that In. foregoing is an accurate transcription tens IO:u 12 connectivity 4'.18 bus 5i6,23,23,256:1 cerbin 13 11 sash] 22.15 vnsldenplvn 16 11 6:1,5 T11,21,9 12 thereof. v oneltlert;l 1410 R:2i 9.2 18.1128.4 vnrlify 11:15.21 tvlleeleJ 9:1],Il ll 29:8,9 Id:4.11 college 2015 ayslruel 13:19 buses 4:22]:16824 <Ux 1]1,119]105 11 1 fortes[ certify that I am neither financially 12:1 2k22 21 2,0,9 14 <Uvllengea 6:22 21:14,I622:22J16 M1uslveaAes 15 17,18 d:vnge 196 IY:1110:22J:10 14 interested in the action nor a relative or employee of any 9:15 15 32:12 contributions 9:22 15 attorney or any of the parties. 16 16 IN WITNESS rv116RBOF, I have this date subscribed 17 17 my name. 18 19 19 19 Dated: 07/01/2914 a0 9 2I el 22 22 1 .... his. C. Nokea 23 23 CSR No. 9095 ev ei 2, Page 33 Page J9 Vector, National legislation R LhiHnliun arvii slashed Natiuml Deposition@ Lillguflon Services 866299 -312] $66 299 -3127 [:r<-lassies] [he's.- rnnmlbmlaml & 9.500 255 advantages ]0',22 anybody 12:7,22,24 4.1 521 adverse 2:14 1225,2513:21 & 210 qIU 9:5 veverllxee 2LIl 15:13,25 16:20,24 0 --34 45 319118 veeer11e1aF 9:20 192234:128 19 U]IOII2INV 19 S xffeN IS:IR 16',5 30:14 2Y:2 vvybvey9 2LItl 1 1 17:14 SU V:9 affnN 6:2,0 anYmare I8'.2I 1-34 115 500 2):421:4.18 ufraitl t2a1 nppileurioo ]:9 1.95 28:14 5100 1216,12 ago 4138a 1223 10 9:12 6 ngreemem 12d apprva'ee 4:12 12,000 N:II aM1eve 2;516;24 area 5J8,19 10:25 600,000 9:1422:fi 150 2212 2v:162L2226:8 IT,2418:920:15 16 2d22 6:00 IZa] air Ivb 2114,59:19,22 t9@ 5 1 G:IU Liao 6:20 2'.L mile 28:19,19,IY 24:19299 ) 1895906 123 alternaNVe i:I6lW arms IW121]IA:9 IBBS 119 ]:10,1111:12 p:16 19:3,1326:15,20 7:10 3317 19 110 '/IM1 3211,21111:Y 13:q,201]:14 evketl 22:928'.9 19000 209 12:111815;926;21 20:2323:19261 asking 14:V 22: 10 1920 IT.3 3112 uasemmrt S:B .31:22 p 1925 I7:34 901fl 1213421 alknmOVev 516,22 1986 11:5 6p 14:1525:25 vsenarS 25:15 ¢ 19th Za 2662]:1 ntleaHon 4:2 E able 5:623 2 mu•'ICU H:IN nHmneY 34:15 mx 10:312:21,22 ceenNle nmerltvv IT.10 auAUH 21:2532:L2 2 ]:49;1] 7:20 a;ml 22:2031M nnNmrity d;6,11.10 2.00 2N16,12.I5 a tcnmmvevNane nn L84:2J 5:12 a6'.12,13 5:19]11:14,21 2.00. 28:10 29:18 A:1219 available 24]2419 2U 2825 JL6 34:❑ 9:111012517:2,2,8 29:1] 200 1]10 at urvfe ve9ulvlllnn 11:25 19:16,1],19,21,22 avenue 5:21 2006 411 vet I0 '.10.11 1]:2J,918:3,8,1] erxge Z2IN 27:24 YOW 519 u[livn 3414 21:1,2p 24:15 avvltl 2]19 6 2009 515 umly¢ 20'J.2 251030:9,12 2012 5:17 2014 laO Za verma 215 'a L10 Lnek I2:2I IS:II,13 xetl 25 14 anabelm 424 A:19 3 anx11'vt 3:125:15 16112 v121Y,z9 3,0011 22:11 ud0111an 2621 29a( 921169249 I]:21,251F:Id] 19'.129'.10,11255 31 411 atltlllinnnl '1:12 21x14,14,24 264272 IS 4:21 2623 aoalYe 11:10 b;:<kuvrvle 19 14 350 22 16 neerevsn 25 18 saver 2:151J21 �a114:3,2215120,32,21 hvlmlee 6:25 341 9:2 adminulrnNUn bulanmd 5:1 3113 9:3 1111]2]:13 21: @924249 bativnll➢ 4227:14 q agvlPM1n 2(1:4,422;1 252,23 26 2527 15 2922 ntivnneetl 315 2 7 2129:2 0 A:II,12 Pugs 1 Pagn 2 Vm'ihxt National Deposit asUtigmbu Services Van es Nemst Deposit.. &Litigmem Se :'vices 066299 -512] 866294 -512] 75A 277 Uegvx 5:15 believe 21:18 23:21 <Uarveler 5'.3 A:] churl 89 ea 6:11,11 J114 evmlog 6:24]:2,3 v 121149 ben <U 299 talirarniv flaz <M1e <lu 2f::Y ]:Z2 17719 10 benefit ]iB 2922 10:11134:4 <M1leegv 8',13 31:1 U,IY J39 Weeks 619)5 <:111 2la ehvvae 10:1919:22 ment 1224 U:1 <n15916'.2120:21 IUaN ended 3111 3D''tl best 420]',11 cnPneiN ]:16 <bvaxb:g 2]:4 vmmenM1 2:IO,It t3:IJ,2112:Q22 better 10:231'.2 enPllvl ]1tb h13 <U <ullvus ]:B bid 1310 31'14 circulation 28:24 13:29141421;9 Lienvenitlns 2:Ifl < car 3:S 5:4,5 6:3.4 died 26:9 24:92]:12 big 3:106',6 10161021 dues A:1] mmllmevt 9:] LIRRer 1022 enrtl 11:] ehY 2:4,21,233:6 committed 31:fi,] M1lke ISt629:1 <vrtls 12:6 5:3,4 P10,219111 nunNles 26 18 <2]:19 bit ]:4,922'.ID 24'.24 -nor 69 4:2111:1913:5,9 2tl:4 arefvl 10:4,20 14:1.9,11 15:6,19 m;nuullY 3:1 P:] vv10a,21 LIUCh Ifl1Y rs 11229] I(e 111, 19,Ti t):IG 16:15 210 blacks IP:10,20 ae 49 p:2219:6,I5,1fl .2 25:9 26.15,1],21 M1nnrd II:IS tumlynl 83 20:1611:11,2222:5 29:2331:19,20 M1UVrJInU 3D:20 nlM1erine 11:9 2E:I I,I2,t],1R,10 3111 Unstnn 8:12 mtl}' 2]:2,2 232523'.29 2223,., compared 6:24 M1mtlevnrd SR1613 .... ms 2:4,11,9 23;21,2A 24;6Jq,18 evmpnllble 8:6 17 19,20,20,25.25 115,914:1 ?,22 ES:B,10,13,2126:3 1 iv 10:9 a.:U Y H 18:11,1],1819:2,9 15:6,1916:10, V,9 26:6,],12,252]21 evmprebensiv¢ 415 ZdaS 1946,15,18,2220:16 ZB:I,B,I I,142'J:4 9'.25 bvundvrlev 5:19 2L11,2222:533:9 29:11,1( 3u:9,Il,2D cvmPUtere 12;21.22 box 9:19 23:24 24:6,14,19 31:1,],12,15,1N,2U eentrvhx 20 14 bring 18:823 1 25:13,2126:3,1225 322.12,15,2133:2 centers 2p:2432a] M1mben 2619 2]:2128:I,N,11 dtyh 12N 123 mmerned Ifi020;] budget 31:14 29:d,11,1630:13,2v lisle ]:5,6 22:223.16 building 17A.6 31:3 31:1,],12,15,20 dnrllYing 13:22 ninF 19'] Ln1lJing's IB:2 32i2,12,15,21 3l2 dvsvl< 29:9 eerna 11:9 M1ulltling. 122,11 <;ler 6:15 ]:S,fi elerlls d:422a2 [nnNmxlixn 154 21IP 259 clove 11126 19 <vafnved IJ:2] M1nlll 1]p tens IO:u timely llal connectivity 4'.18 bus 5i6,23,23,256:1 cerbin 13 11 sash] 22.15 vnsldenplvn 16 11 6:1,5 T11,21,9 ,5,15 LexuliNll 10114 v oneltlert;l 1410 R:2i 9.2 18.1128.4 vnrlify 11:15.21 tvlleeleJ 9:1],Il 29h 1225 29:8,9 Uegvx 5:15 believe 21:18 23:21 <Uarveler 5'.3 A:] churl 89 ea 6:11,11 J114 evmlog 6:24]:2,3 v 121149 ben <U 299 talirarniv flaz <M1e <lu 2f::Y ]:Z2 17719 10 benefit ]iB 2922 10:11134:4 <M1leegv 8',13 31:1 U,IY J39 Weeks 619)5 <:111 2la ehvvae 10:1919:22 ment 1224 U:1 <n15916'.2120:21 IUaN ended 3111 3D''tl best 420]',11 cnPneiN ]:16 <bvaxb:g 2]:4 vmmenM1 2:IO,It t3:IJ,2112:Q22 better 10:231'.2 enPllvl ]1tb h13 <U <ullvus ]:B bid 1310 31'14 circulation 28:24 13:29141421;9 Lienvenitlns 2:Ifl < car 3:S 5:4,5 6:3.4 died 26:9 24:92]:12 big 3:106',6 10161021 dues A:1] mmllmevt 9:] LIRRer 1022 enrtl 11:] ehY 2:4,21,233:6 committed 31:fi,] M1lke ISt629:1 <vrtls 12:6 5:3,4 P10,219111 nunNles 26 18 <2]:19 bit ]:4,922'.ID 24'.24 -nor 69 4:2111:1913:5,9 2tl:4 arefvl 10:4,20 14:1.9,11 15:6,19 m;nuullY 3:1 P:] vv10a,21 LIUCh Ifl1Y rs 11229] I(e 111, 19,Ti t):IG 16:15 210 blacks IP:10,20 ae 49 p:2219:6,I5,1fl .2 25:9 26.15,1],21 M1nnrd II:IS tumlynl 83 20:1611:11,2222:5 29:2331:19,20 M1UVrJInU 3D:20 nlM1erine 11:9 2E:I I,I2,t],1R,10 3111 Unstnn 8:12 mtl}' 2]:2,2 232523'.29 2223,., compared 6:24 M1mtlevnrd SR1613 .... ms 2:4,11,9 23;21,2A 24;6Jq,18 evmpnllble 8:6 17 19,20,20,25.25 115,914:1 ?,22 ES:B,10,13,2126:3 1 iv 10:9 a.:U Y H 18:11,1],1819:2,9 15:6,1916:10, V,9 26:6,],12,252]21 evmprebensiv¢ 415 ZdaS 1946,15,18,2220:16 ZB:I,B,I I,142'J:4 9'.25 bvundvrlev 5:19 2L11,2222:533:9 29:11,1( 3u:9,Il,2D cvmPUtere 12;21.22 box 9:19 23:24 24:6,14,19 31:1,],12,15,1N,2U eentrvhx 20 14 bring 18:823 1 25:13,2126:3,1225 322.12,15,2133:2 centers 2p:2432a] M1mben 2619 2]:2128:I,N,11 dtyh 12N 123 mmerned Ifi020;] budget 31:14 29:d,11,1630:13,2v lisle ]:5,6 22:223.16 building 17A.6 31:3 31:1,],12,15,20 dnrllYing 13:22 ninF 19'] Ln1lJing's IB:2 32i2,12,15,21 3l2 dvsvl< 29:9 eerna 11:9 M1ulltling. 122,11 <;ler 6:15 ]:S,fi elerlls d:422a2 [nnNmxlixn 154 21IP 259 clove 11126 19 <vafnved IJ:2] M1nlll 1]p tens IO:u timely llal connectivity 4'.18 bus 5i6,23,23,256:1 cerbin 13 11 sash] 22.15 vnsldenplvn 16 11 6:1,5 T11,21,9 [edlfieJ 343 mlkvl 11:9 v oneltlert;l 1410 R:2i 9.2 18.1128.4 vnrlify 11:15.21 tvlleeleJ 9:1],Il 16:14 31:3 29:8,9 Id:4.11 college 2015 ayslruel 13:19 buses 4:22]:16824 <Ux 1]1,119]105 a °IVratln IY:3 v nnatrutXVV IH:] M1valn <sx 1921185 lu1022 a me 12:13,1] 15:12 cv14131A:ID,19 12:1 2k22 21 2,0,9 185 <Uvllengea 6:22 21:14,I622:22J16 M1uslveaAes 15 17,18 d:vnge 196 IY:1110:22J:10 cvnlrNulinn 9'JI 15:24 <bnnges Ib2 29:21111]32:9,10 9:15 32:12 contributions 9:22 buerea[ed 27:8 [esere r lem-Restl Inad 2514:916:25 meeHnga 2241411 3414 IauaersklP 9'8 21:1328:211 Ion- ime"Al [ulerpreler 132 ]auto 14:14 IxveU 6:4 nendm 2029 15;131623921 level JO'1U 1"w 26:17,19 mmrtinnerl 4'15 nnlenl ]'.1]8:1 ,cover Ifl:] earl 9:21 everybody 2:53'.] Investment 8:630:] life 6:18:24 10 23 Imv¢vt 620 ]:IS 23:19 Involved 26:9 venflvn 6:9 dependent 6:I7 cosy 10 19 2U:142E:fi 23:10 Isabel 14:11,11,15 IICLI 4:158:18,25 mlJtlle 30;25 Issues m¢ one 4s91z:u mne e:u m lLIO,ILQ Items 15:17 erzvllmly 3125 conversations depends 123 nOmie 7:I7 80,5 09:21 2]:1429:1) jmm�'x 24211 1nF 1'21' 114 2312 mvl^ 1210 minlmize IU:IR LI 18221911,] In Ivg little 6:4,9,1632110 mm lennn<e 6:20 copy 3:925:6 depot 2:25 ZJa xxelry 12'.22225 e32:9 go trade 1]:1492:45 ]oeePLlne 121 live 11:1,G2LI,l major 18113,11 minutes 7124 3422 2216,IA 21a9 211] "rrltl"r' 62I Jex[ALetl 264 etlidov S:IO unnge IU:20 mixtnke 1415 July 320,2011:9 lived 819 management 9:8 m4rxlav 3719 12a6,1]L5;93G.31 lives 8 II0 IL2 living 1033 snvger 2:421,29 coot 78,9,12012,21 design 12:1 effect 92:I8 example I8:2 9:V 2X:26 jnne 110 TI 4:11,125:14 15.6,19 W10.17,23 m gney justice 1111216:16 24:4 19:6,15,18,22 20:16 27:11,25 28:4 JeslgnxteJ 2Y:7 a @[h IO:I le 15 xecetled 24:1') montF 11:9,16 16J7 IUed(inn I0:4 13;1424:614,16 mnvlbd 0:X 1[ loallam 25:7 NnInC 253,2,1] emh 6 :20 9'.13 JezlLrvlinm ]:] 26 16 excellent 21'.12 ve 56,148:16 mIN3519:19,2U,21 ]dad 2:154:15 2]:II2X:Z23h9 281129:4,11,16 Meer 12:141fi 25 12a41]:122U:W longer ]:] 3P.13.20 )1:1,6,12 11120 doing 323 123 eni[lenl ):16 x[ePllnn Elal " know 111831,10 418 91013:213:3 fl:151U9,1512a4 1]11202129,1 322133:2 name 20421:25 n341t] IJIIU 14:1]1]:1( 29:19,143021 ss R:IS mndmtee IU:U commit 9:1211;IM1 development 7:1H elFht X:R m 113 2210,11, b,14,1] IU8 :r 54 21aU,11,I5,1A,18 223123:52A19,2A 1"ndng 1123 to 547d 'Zone" nnd"nal I0:9 26) A:4.69:2211:25 eW 22:19 exhtenc 26:24 2012133 IoPav 104,4221 14:1111,15 luxe 7:2 ea 16:4 metllvr 25 11 9!101510:1]12116 IB9,14,1419:25 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crllieal 411b tllsPlueeJ 32:19,22 enFIIVL 2:1)22:11 sr 1213423 dinitlbu0on 22:12 enjoy ]32 fur 12:101411 lenslhllit3' 5:9 vul[urvl 10:5 tlIu'erse 5:2 environment 715 federal '1:IB It 17 mnn:rnx nd2 document an It 22 I6:4.6 [Ilrr enfly 2620,24 doing 211,162322 envbunmevml 2:IJ z71z has Y12U eutlnmen ]1183 27.11 )1:2132:6,) 3:),N x12]10:2,9,10 leer 3214254 d Jolla 85 11:15,31 IJ 2414:6 nob IS:I61R14,(fi aallvrs 3:119:5 16:141]24:14 18119 dn11Y 616 7 1 anwntmvn 225 6.14 3122 ml 122n,z1 dxH 3,16 dxted 34 19 ba4 ua l n:z,za rx xenmly R:z rtG.6,9 J"'rl 26:]]I:A t);1121,241Ag,A vgxiN ZV.t4 ]213 MY 3:191118 decide 26:12]:10 191,13018,15 26:24 Rvxn[IVIIY 16111 Ileelvl0n 11:5361) 211)•22 mPevIS11Y IU:Ib Rvmmlvg 11:23 tl¢nned 5:10 Jr 221 2082220 2X:24 28111121123 dennlrely 1018 Jmn 30 exdmxte 28:3 and tl:25IIaY 11 20 tlrive 15 16 eHimared 9:Id one 16 23 a dexve NIIO eternity 7:21 nm12:1G 53,211 6 18 density 8:9,1423:21 evrllnr )3U 8229:2 cool ietin6 Zf:s ❑!I I,I21b10,20 112 vm log 53:2 Pagel Po 8e4 Vedleel Nonarl Detector. & Lhigvli"n Scrvlccs Verimat Named Detection & Lhipme 9arvlces 866299 -512] 866299 -512] [houreeted - neideal IvePx -Poll] Page 5 No, M1 Verimsl Nmitrom Deposition& Litigation Servicca VerilextNalionnl Dvpmr un& Loiguiox Services 966299 -512] 866299 -512] 75A 278 buerea[ed 27:8 lead 335 Inad 2514:916:25 meeHnga 2241411 3414 IauaersklP 9'8 21:1328:211 23:]24:1] [ulerpreler 132 ]auto 14:14 IxveU 6:4 nendm 2029 15;131623921 level JO'1U 1"w 26:17,19 mmrtinnerl 4'15 30:3,4,6 library 4:43211 lower, x:12 A:3,U 7:20 8:2293 11:23 Investment 8:630:] life 6:18:24 10 23 Imv¢vt 620 ]:IS 23:19 Involved 26:9 I0:24 loo 253 meholink 4:18 m Isabel 14:11,11,15 IICLI 4:158:18,25 mlJtlle 30;25 Issues m¢ one 4s91z:u mne e:u m lLIO,ILQ Items 15:17 IA:25,Z39:IU24:9 25:]2);9 L:Ifi lines 2216 machine 3419 mvdGelne 22:7,8 318,9,13,1]12 110 milew 5:22 mllllnn Ya,S mllllnn 1'11 1 jmm�'x 24211 1nF 1'21' 114 2312 mvl^ 1210 minlmize IU:IR LI 18221911,] In Ivg little 6:4,9,1632110 mm 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Nmimwl Deposited & Li fti man Seven. 866 299 -5127 Pnge 8 Public Hearing Meeting No. 3 Response PH3 -1 — Unknown Speaker Under Streetcar Alternative 2 and IOS -2, the Streetcar would travel eastbound along 5th Street from Ross Street to Minter Street. The cross sections and alignment along 5`h Street are shown in Appendix 0 beginning on page 60 (drawing number TR -19 through TR -22) of the EA /DEIR. The streetcar would operate in the right most lane until east of Bush Street where a dedicated right turn lane would generally occur before intersections until Minter Street. No changes would occur to the existing left one or two lanes along 51h Street. Along this segment, the streetcar would operate in mixed traffic. This could include vehicles and /or bicycles, as there is no existing bike lane and travel speeds would be substantially lower. Businesses along 51h Street may be temporarily disrupted during construction. See Response PH1 -2(1) related to effects to businesses during construction. Access to existing businesses would be maintained and accessibility to businesses along 5 "' would be increased with the addition of three stations under Alternative 2 or IOS -2. Response PH3 -2 — Unknown Speaker See Responses 8 -5(5) and PH1 -7 related to completion of an EJ analysis and an equity analysis. The loss of property value is not an environmental consideration under CEQA unless it leads to the physical deterioration of buildings. Regarding equity in properties, there is no supporting evidence or documentation to establish, as fact that the implementation of a streetcar system causes property values to decrease to the extent that blight or physical degradation of buildings would occur. Speculation about fluctuations in property values as a result of transit improvements is not within the scope of the EA /DEIR. Response PH3 -3 — Wan Cha A cultural resources report was prepared for the project in compliance with Section 106 of the National Historic Preservation act and is included as Appendix K of the EA /DEIR. This report analyzed the potential for the proposed project to adversely affect historic, archaeological or paleontological resources. The Section 106 determination found that no adverse effects to historic, archaeological or paleontological resources would occur from the proposed project. Proposed construction activities generally would require conventional earthwork equipment (e.g., cranes, tractors, and trucks). Drill rigs and similar vibration - generating equipment may also be used for various construction activities. In addition, as discussed on page 3 -208 of the EA /DEIR, pile- driving activities would be limited to the elevated crossing over Westminster Avenue and where the alignment crosses the Santa Ana River channel. The distances between the construction equipment and properties would typically be sufficient to avoid effects to the properties, including historic buildings, as a result of vibration or other activity that could affect these buildings' structural integrity. However, six historic structures have been identified as potential locations of vibration impacts. Santa Ana Garden Grove fixed Guideway Project REMEIR P a g el 222 January 2015 75A -280 As discussed on page 3 -219 of the EA /DEIR, the proposed project includes a Noise and Vibration Control Plan to reduce the effects of construction vibration to historic structures. Relevant components of the Plan include: • Where pile- driving operations are required, vibratory pile driving or pre - drilled pile insertion techniques shall be used whenever possible, rather than impact pile driving; • Pile driving activity shall be prohibited during nighttime hours; • Residences located within 560 feet of pile driving activity shall be sent advanced notice of the construction schedule; and • The construction contractor shall manage construction phasing (scheduling demolition, earthmoving, and ground- impacting operations so as not to occur in the same time period), use low- impact construction technologies, and shall avoid the use of vibrating equipment where possible to avoid construction vibration impacts. Specifically, contractors shall use smaller and lower impact construction technologies where residential and historic structures are located within 26 feet of the construction site. Response PH3 -4 — Wan Cha The alternatives identified for evaluation in the EA /DEIR were based on public comments, as well as technical analyses, as detailed in the Alternative Analysis Report (under separate cover and available by request or on the City's website at http : / /santaanatransitvision.com). The alternatives analysis process included a comprehensive review of potential technology and alignment options. A wide range of public transit options were defined and investigated as candidate technologies. The initial alignment options were based on the need to establish an east -west transit corridor in the Study Area, and to improve the Study Area's regional transit connectivity by providing direct connections to existing and planned transit services (Metrolink and OCTA fixed route and Bus Rapid Transit services) at SARTC and at the northeast corner of Harbor Boulevard and Westminster Avenue in the City of Garden Grove. As discussed in the EA /DEIR, Streetcar Alternative 1, traveling along 4" Street, was identified as the route having the highest daily ridership after a comprehensive alternatives analysis. Response PH3 -5 — Adolpho Lopez The EA /DEIR focused on assessing a streetcar system. The Study Area is generally bounded by Harbor Boulevard to the west, 17" Street to the north, Grand Avenue to the east, and 1" Street to the south. The goals and objectives of the project, described in Table 1 -1 on page 1 -14 of the EA /DEIR, are focused on transportation improvements. The development of a promenade in the Downtown area is outside the scope of this project. Regarding encouraging pedestrians to visit Downtown and 4 I Street, and as stated on page ES -15 of the EA /DEIR, it is estimated that Streetcar Alternative 1 would attract between 3,770 and 8,400 riders per day in horizon year 2035. Six stations would be located in the Downtown commercial area of the City. These stations would provide easy access for streetcar riders to visit Downtown businesses. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -281 Page1223 Response PH3 -6 — Saul O'Campo Regarding safety, concrete barriers with fencing would be placed around the perimeter of construction areas to restrict access and eliminate the threat to safety and security of anyone not directly involved in construction activity. Construction activity would occur in front of Spurgeon Intermediate School, Romero Cruz Elementary School, George Washington Carver Elementary School, and James Garfield Elementary School. Construction zones near schools require additional considerations to ensure the safety of students and staff and promote vehicle awareness. The City of Santa Ana would coordinate with the Santa Ana Unified School District and Santa Ana Police Department to develop and implement a construction traffic safety plan, as identified in Mitigation Measure SAF1 on page 3 -196 of the EA /DEIR, at schools adjacent to the alignment. Precautionary safety features would, as a minimum, include signs, barriers, and crossing and traffic signals to create a safe environment for parents and students during pick -up /drop -off times, as well as the education plan to increase the construction and safety awareness for students and parents. The construction zone would typically be limited between two- and four -block segments. North - south traffic could experience detours or inconveniences from lane reductions, nighttime or weekend closures, and detours. In addition, daytime construction activity in major intersections would occur in increments to avoid complete intersection closure. Accordingly, impacts to direct routes to and from institutional uses would be temporary and occur for a relatively short period. Therefore, the City would not provide transportation for students around the construction zone. Response PH3 -7 — Raul Yanez See Response PH3 -1 related to construction vibration and historic properties. PH1 -2(1) related to a general discussion of construction activities. Response P113 -8 — Madeleine Spencer See Response PH1 -1 related to community outreach and distribution of notices. Response PH3 -9 — Unknown Speaker Section 3.10 in Table 3.10 -6 on page 3 -127 of the EA /DEIR includes a detailed parking analysis which includes a discussion of parking loss outside the Downtown area. The alignment outside the Downtown area, west of Flower Street to Raitt Street would be the same for all of the build alternatives. No parking loss would occur west of Raitt Street or to the east of the Downtown area. As shown in the following table, 53 percent of street parking would be removed along Santa Ana Boulevard between Raitt and Flower Streets. Existing Spaces Scenario and Segment Spaces Lost Remaining Streetcar Alternatives 1, 2 and IOS -1, and IOS -2 Santa Ana Boulevard between Raitt and Flower Streets 1 143 I 73 I 70 Source: City of Santa Ana, Santa Ana and Garden Grove Fixed Guideway Project Traffic Impact Assessment Report, February 2012. Santa Ana Garden Grave Fixed Guideway Project REAIFEIR P a g el 224 January 2015 75A -282 The loss of parking on Santa Ana Boulevard between Raitt and Flower Streets would affect residential land uses. The City of Santa Ana requires every residential property along this segment of Santa Ana Boulevard to have on -site parking capacity consistent with City zoning and occupancy entitlements. There is adequate although potentially less convenient parking to accommodate residential parking needs along this segment of Santa Ana Boulevard. Therefore, the build alternatives would not result in adverse effects related to residential land uses and the loss of on- street parking spaces. Response PH3 -10 — Unknown Speaker As stated on page ES -4 of the EA /DEIR, Santa Ana and Garden Grove's overall vision for the Study Area includes a transit system that integrates seamlessly with the community, provides connections to regional Metrolink and Amtrak commuter rail services at the SARTC, and is compatible with the established urban character. The SA -GG Fixed Guideway Project is a transit improvement project being considered by the Cities of Santa Ana and Garden Grove in cooperation with OCTA and FTA to improve mobility and provide other community enhancements. The project's objectives are derived from the need for transportation improvements in the Study Area, which address a variety of community issues. The identification of these needs and corresponding goals and objectives are stated in Table 1 -1 on page 1 -14 of the EA /DEIR. The alternatives considered as part of the project are based on the need to establish an east -west transit corridor in the Study Area, and to improve the Study Area's regional transit connectivity by providing direct connections to existing and planned transit services ( Metrolink and OCTA fixed route and BRT services) at SARTC and at the northeast corner of Harbor Boulevard and Westminster Avenue in the City of Garden Grove. One of the factors in the development of the alternative alignments was ridership and what routes would serve areas with the highest demand. As discussed on page ES -15 of the EA /DEIR, the Streetcar Alternative 1 route was identified as the route having the highest daily ridership after a comprehensive alternatives analysis. It is estimated that the Locally Preferred Alternative would attract between 3,770 and 8,400 riders per day in the 2035 horizon year. At the low end, this represents approximately 22 percent more riders than the TSM Alternative (3,085); at the high end, it represents approximately 172 percent more riders than with the TSM Alternative. Streetcar Alternative 2 would attract between 3,020 and 6,425 riders. At the low end, this would be approximately equivalent to the TSM Alternative; at the high end, it represents approximately 108 percent more riders than with the TSM Alternative. IOS -1 would attract between 2,012 and 4,490 riders, and IOS -2 would attract between 1,540 and 3,280 riders which is approximately 47 percent fewer riders than the full alignment alternatives. Response PH3 -11 — Isabella Lopez In accordance with CEQA regulations, the Notice of Availability of the EA /DEIR for public review was filed and posted at the Orange County Clerk- Recorder's Office in compliance with Sections 21080.4 and 21092 of the California Public Resources Code; advertised in the local newspaper; flyers were distributed at every community center in the City of Santa Ana; outreach was also conducted via social media; and a press release was covered by at least three different news organizations. Although not required under CEQA or NEPA regulations, available data from Santa Ana Garden Grave Fixed Guideway Project REAIFEIR P a g e1225 January 2015 75A -283 County Assessor and City property records were used to establish a list of property owners and tenants within 500 feet of the alignment. There were 3,796 postcards delivered to property owners, business owners, tenants, and residents related to EA /DEIR availability for public review. Hard copies of the notifications and document were also made available at different locations (Santa Ana City Hall Public Works Counter, Santa Ana City Hall City Cleric's Office, Santa Ana Public Library, Salgado Center, Rosita Park, Santa Ana Train Station, Garden Grove City Hall, and OCTA), as well as online on the City of Santa Ana website. Response PH3 -12 — Unknown Speaker Section 2.9 on page 2 -29 of the EA/DEIR describes the public outreach for the development of alternatives, scoping, and circulation of the EA /DEIR. Section 3.5 on page 3 -61 of the EA/DEIR discusses additional public outreach in relation to targeting populations of EJ concern. The decision was based on a combination of environmental impacts, community input, cost, ridership, and economic development considerations brought to light through the EA /DEIR, Alternative Analysis, and public review process. Response PH3 -13 — Unknown Speaker See Responses 8 -6(5) and PI-11-7 related to an EJ analysis and an equity analysis. The extensive public outreach as described in Response PI-11-1 will continue as the project moves forward. Future public outreach, would include, but not be limited to, informing the community aware of construction activities, and providing education programs to familiarize local residents and business owners with the new streetcar system. Response PH3 -14 — Unknown Speaker See Response PH1 -2(4) related to safety. Response PH3 -15 — Unknown Speaker The streetcar fares have not been determined at this time. A financing plan will be developed by OCTA prior to revenue operation of the Locally Preferred Alternative. Response PH3 -16 — Unknown Speaker Information regarding possible funding sources have been identified but not approved. The source of funding is not required for consideration in the environmental review process in accordance with CEQA and NEPA regulations. The comment is not directly related to the content or adequacy of the EA /DEIR, and no further response is necessary. Response PH3 -17 — Unknown Speaker Streetcar stations will include shelters, benches, and trash receptacles. Detailed design information is not available at this stage in the planning process. Response PH3 -18 — Unknown Speaker As stated on page ES -4 of the EA /DEIR, Santa Ana and Garden Grove's overall vision for the Study Area includes a transit system that integrates seamlessly with the community, provides Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 226 January 2015 75A -284 connections to regional Metrolink and Amtrak commuter rail services at the SARTC, and is compatible with the established urban character. The SA -GG Fixed Guideway Project is a transit improvement project being considered by the Cities of Santa Ana and Garden Grove in cooperation with OCTA and FTA to improve mobility and provide other community enhancements. The project's objectives are derived from the need for transportation improvements in the Study Area, which address a variety of community issues. The identification of these needs and corresponding goals and objectives are stated in Table 1 -1 on page 1 -14 of the EA /DEIR. In addition, and as stated on page ES -5 of the EA/DEIR, the City of Santa Ana would benefit from increased connectivity to the regional transportation network. The eastern terminus of the alignment is the SARTC, which is the busiest multi -modal transportation hub in Orange County and will connect the streetcar to Metrolink, Amtrak, and bus lines from the surrounding region. The western terminus is the Harbor Boulevard /Westminster Avenue intersection, where connections to local and intra- county buses operated by OCTA are available. Response PH3 -19 — Unknown Speaker See Response PH3 -17. The specifications related to boarding procedures have not been identified at this time. The proposed streetcar system will comply with the Americans with Disabilities Act (ADA) requirements to accommodate disabled patrons. Response PH3 -20 — Unknown Speaker Solar power has not been considered as part of the proposed project, although the proposed project does not preclude the future integration of solar power. Response PH3 -21 — Madaleine Spencer The source of funding is not required for consideration in the environmental review process in accordance with CEQA and NEPA regulations. The comment is not directly related to the content or adequacy of the EA/DEIR, and no further response is necessary. Response PH3 -22 — Unknown Speaker Acquisitions requiring displacement would comply with the Uniform Act. Acquisitions related to the build alternatives are shown in Table 3.3 -5 on page 3 -23 of the EA/DEIR. Streetcar Alternative 1 would result in three full acquisitions and six partial acquisitions; Streetcar Alternative 2 would result in six full and ten partial acquisitions; IOS -1 would result in four full and two partial acquisitions; and IOS -2 would result in five full and six partial acquisitions. The amount and type of private property acquisitions were found to result in less- than - significant impacts. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g el 227 January 2015 75A -285 Chapter 3.0 Corrections and Additions As required by CEQA Guidelines Section 15088, this chapter provides corrections or clarifications of certain statements in the EA /DEIR. None of the corrections and additions constitutes significant new information or substantial project changes as defined by CEQA Guidelines Section 15088.5 and would not result in new significant impacts or an increase in the severity of any impact already identified in the EA /DEIR. New information is not significant unless the EIR is changing in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect. Corrections and additions to the EA /DEIR are provided in underline or strikeeut text as needed to indicate an addition or deletion, respectively. Table of Comments • The title of Table 3.1-5 on page V of the EA /DEIR is hereby revised as Acquisitions Related to Build Alternatives. Executive Summary • The following sentence is added for clarification to the end of the second to last paragraph on page ES -7 of the EA /DEIR: The acquisition is shown in Figure 3.3 -4 on page 3 -22 of the EA /DEIR and would involve a full take (18,719 square feet) of the property at the northeast corner of Main Street and Civic Center Drive (Burger King) and a partial take (730 square feet) of the property at the northeast corner of Broadway and Civic Center Drive (St. Joseph's workshop). Chapter 2.0 Project Description • Figure 2 -5 on page 2 -12 of the EA /DEIR is hereby revised to show Flower Street as the cross street to Civic Center Drive West: Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -286 Pagel228 75A -287 4 SV Y. } U u O a b N N Y O tl C K 4 C U a 'c C a a a 0 c 4 N �O C N 0. 4O n a U n 6 O U � O vi N $A [6 @ G G @ (6 Section 3.3 Land Acquisition and Displacement • The title of Table 3.3 -5 on page 3 -23 of the EA/DEIR is hereby revised as Acquisitions Related to Build Alternatives. Section 3.4 Section 4(f) Resources • Table 3.4 -1 (Resource #15) on page 3 -3 of the EA /DEIR, is hereby revised to show the corrected address for the Dr. Howe - Waffle House as 120 Civic Center Drive West: SECTION TABLE 3.4-1: Build Section 4(f) Resource Name Location Alta Criteria /Distance Applicability 1. Quonset Huts (Cultural Report 1424 N S Street N. Susan 1 National Register- Eligible. Historic or Map Reference 2) /a/ ,2 Adjacent to project. Archaeological Site Publically owned adjacent. Park and /or Recreation 2. Willowick Golf Course /b/ South of PE ROW 1,2 Fees charged for use. Area 3. Old Pacific Electric Santa Ana National Register - Eligible. Historic or River Bridge (Cultural Report On PE ROW 1,2 Adjacent to project. Archaeological Site Map Reference 3) /a/ 4. Santa Ana River Trail and Crosses PE ROW 1,2 Publically owned. Park and /or Recreation Bikeway /b/ Area 7 Spurgeon Joint Use 207 W. 5`^ Street 1,2 Publically owned adjacent. Recreation Area Recreational Area Myrtle and Shelley Publically owned. Park and /or Recreation 6. Friendship Park Streets 1,2 Beyond 500 feet. Area 7. El Salvador Park 10'^ and Raitt Streets 1,2 Publically owned. Park and /or Recreation Beyond 500 feet. Area B. Angels Community Park 3`a and Flower Streets 1,2 Publically owned. Park and /or Recreation Beyond 500 feet. Area 9. Sasscer Park /b/ 4`^ and Parton Streets 1 Publically owned adjacent. Park and /or Recreation Area 10. Birch Park 3rtl and Ross Streets 1 Publically owned. Park and /or Recreation Beyond 500 feet. Area Publically owned. Park and /or Recreation 11. Neal Machander Tennis Center First and Flower Streets 1 Beyond 500 feet. Area 12. Orange County's Original 211 W. Santa Ana National Register - Eligible. Historic or Courthouse /a/ Boulevard 1 Adjacent to project. Archaeological Site 13. Young Men's Christian 203 and 205 3A—Civic National Register - Eligible. Historic or Association (YMCA) — Santa Center Drive West 2 Adjacent to project. Archaeological Site Ana - Tustin Chapter /a/ 14. First Presbyterian Church National Register - Eligible. Historic (Cultural Report Map 600 N. Main Street 1 Adjacent to project. Archaeological Site Reference 34) /a/ 15. Howe - Waffle House and 7W o .. r.. ems...,.. .md ,oaf, w erne. 2 National Register - Eligible. Historic or Carriage House /a/ Adjacent to project. Archaeological Site 120 Civic Center West 16. First United Methodist Church National Register - Eligible. Historic or (Cultural Report Map 624 French Street 2 Adjacent to project. Archaeological Site Reference 64) /a/ 17. French Park 1001 and French Streets 2 Publically owned. Park and /or Recreation Beyond 500 feet. Area 18. Folk Victorian -Style Duplex National Register - Eligible. Historic or Cottage (Cultural Report Map 507 N. Minter Street 1 Adjacent to Project. Archaeological Site Reference 58) /a/ Stafford and Custer 2 Publically owned. Park and /or Recreation 19. Chaga's Park Streets Beyond 500 feet. Area /a/ Coordination with "Official with Jurisdiction" occurs with the State Historic Preservation Officer (SHPO_ as part of the National Historic Preservation Act Section 106 Process IN Coordination with "Official with Jurisdiction" occurs directly with the owner /manager of the resource Source: URS Corporation, Map and Field Review, July 2011. Santa Ana Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -288 Pagol230 Section 3.5 Community Effects and Environmental Justice • The fourth sentence in the fifth paragraph on page 3 -42 of the EA /DEIR is hereby moved as the third sentence in the first paragraph on page 3 -44 and revised as follows: On page 3 -42: French Park, The French Park neighborhood, also known as the French Park Historic District, is a 20- square -block historical neighborhood, bounded by Washington Avenue on the north, Civic Center Drive on the south, Poinsettia Street on the east, and Bush Street on the west. It includes a mix of residential, commercial and industrial land uses. The neighborhood includes homes built between the late 189Os and 192Os, ranging in various architectural styles, including Craftsman, Colonial Revival, Victorian and Neo- Classical, Craftsman Bungalow, Spanish Colonial, and Spanish Eclectic Revival. The ti;,..,..;,. n. u,.we Waffle House is !seated in Fr, Reh PaFk Historic French Park was officially listed on the National Register of Historic Places in 1999. The only community asset within Historic French Park that falls within the Study Area is French Park, at 901 French Street. On page 3 -44: Downtown Santa Ana, The Downtown Santa Ana neighborhood is bounded by Civic Center Drive on the north, First Street on the south, Main Street on the east, and Flower Street on the west. It includes commercial land uses, with some residential, institutional and parkland uses. The historic Dr. Howe - Waffle House is located in Downtown Santa Ana. Community assets within Downtown Santa Ana that fall within the Study Area include the following: r 4 • Table 3.7 -1 on page 3 -95 of the EA /DEIR is hereby revised to correct the address for Dr. Howe - Waffle House (Map Ref. No. 33) to 120 Civic Center Drive West. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -289 Paga1231 75A -290 tG m tll LL q_ I� iv d cx IT � I� la Ix is I-� I N U3 F N N c R T m m i c c �u m U N N M W W O m 06 M W OJ W n OJ 46 0= M M m O o M N2 M y M � m MM' O m a°an ° N M N mM M d' N MS V O O O O N O N O p O p1 OE O px � 00 OOQ O O O O O O Oy d O O �000 O pO Od oo OOM O o o O o 0 000 oow= oo a' w K EO M 4 m v z N r [CQ Z ma mQt�0 my W W Q ZQ m Q mQ mQ NN mM(om mmm m z z m Z m Z m EE z m N N Z m z M Z M Z E z iE — Z O U z U U U m z U U U z U z U z= U Z z z Z U U N {= Q Q Q Q Q Q Q Q Q Q Q U Q = U N z N N N N Z Z° R N y N N N N N N N N N N N U w H ui J y G to N u> N N N in N i.n in N N N M x o 0 0 N p N y U d a U N S! O 61 U U E J L N n N a E m �_ m o 0 v 2 15 a ° ° `m O 5 L u ° m a — a x N C m D m o a 2 ° y '° o d m b ro _ a o _ 3 U ` w o E pN .O C C N t' a C U N > U ° N N 0 3 9 > O d a N LL O O ry i — 'V C t N c C W N m N N 00 U N U J 0] U C N 0 E J J (i ('J y N N m N a$ Y L° O N �• O N C O m Y C L a U m N J N U T d O N p U O = O pO N V S m L 0'Y N m 6 N D O E Y J C C m> m > ° C N O N fn fa U Ol C m L .97 E V U S u m 2i to H a U w n ii J U > O �- S a o • m M O a > m c Q m � M n U c y Vl U"JJ m g 2 v> m 9 L6 a -° o" a N N d z cN° > N O V m N O W M n 61 n O M C uy O> 'c O m O N N O Z y N M d' LO t0 n OJ W O •- N M � L O m° 75A -290 tG m tll LL q_ I� iv d cx IT � I� la Ix is I-� I N U3 F N N c R T m m i c c �u m Section 3,16 Construction • The second sentence in the second to last paragraph on page 3 -202 of the EAMEIR is revised as follows: Access to businesses would be maintained during operating hours and signage would be posted to alert customers that businesses are open during construction and wayfinding to businesses whose access is disrupted. In addition, signs would be posted alerting nearby businesses of temporary closures and /or detours. • The last two sentences in the first paragraph on page 3 -202 are revised as follows: These Construction effects, including, but not limited to noise, air quality, visual, traffic, and temporary easements would be short -term, of temporary duration and not adverse. Therefore, Streetcar Alternatives 1 and 2 construction activities would not result in disproportionate adverse effects related to communities eemmunit • eehesl^^ and s environmental justice. Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g al 233 January 2015 75A -291 Chapter 4.0 Mitigation Monitoring and Reporting Program PRC Section 21081.6 and Section 15097 of the CEQA Guidelines require adoption of a Mitigation Monitoring and Reporting Program (MMRP) for all projects for which an EIR has been prepared. This requirement was originally mandated by Assembly Bill (AB) 3180, which was enacted on January 1, 1989, to ensure the implementation of all mitigation measures adopted through the CEQA process. Specifically, PRC Section 21081.6 states that "...the agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment ... [and that the program] ... shall be designed to ensure compliance during project implementation." AB 3180 provided general guidelines for implementing monitoring and reporting programs, which are enumerated in more detail in Section 15097 of the CEQA Guidelines. However, specific reporting and /or monitoring requirements to be enforced during project implementation shall be defined prior to final approval of the proposed project by the decision - maker. In response to established CEQA requirements, the proposed MMRP shall be submitted to the City of Santa Ana (lead agency) for consideration prior to completion of the environmental review process to enable the decision - makers appropriate response to the proposed project. Although the lead agency may delegate reporting or monitoring responsibilities to other agencies or entities, it ...remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program." The MMRP describes the procedures for the implementation of the mitigation measures to be adopted for the proposed project as identified in the EA /DEIR and REA /FEIR. The MMRP will be in place through all phases of the proposed project, including design (pre- construction), construction, and operation (post- construction both prior to and post - occupancy). The City of Santa Ana shall be responsible for administering the MMRP activities or delegating them to staff, other City departments (e.g., Department of Building and Safety and Department of Public Works), consultants, or contractors. The City of Santa Ana will also ensure that monitoring is documented through reports (as required) and that deficiencies are promptly corrected. The designated environmental monitor (e.g., City building inspector, project contractor, or certified professionals depending on the provision specified below) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Each mitigation measure is categorized by environmental topic and corresponding number, with identification of: • The enforcement agency • The monitoring agency • The monitoring phase (i.e., the phase during which the measure should be monitored); • The monitoring frequency • The action indicating compliance with the mitigation measure Santa Ana - Garden Grove Fixed Guideway Project REAIFEIR P a g eI23R January 2015 75A -292 All agencies and departments are in the City of Santa Ana, unless otherwise noted. Land Use and Zoning No mitigation measures related to land use and zoning are required. Land Acquisition and Displacement No mitigation measures related to land acquisition and displacement are required. Visual Quality No mitigation measures related to visual quality are required. Cultural Resources CR1 A qualified principal investigator who meets the Secretary of the Interior's professional qualification standards for an archeologist shall be responsible for managing Native American archaeological resources and human remains. The qualified principal investigator shall appoint an archaeological monitor to be present for ground- disturbing activities that could encounter undisturbed soils. If the qualified principal investigator determines that Native American archaeological resources and human remains are likely present, then both an archeological monitor and a Native American monitor identified by the principal investigator shall be present. The Native American monitor shall be a Native American identified by the applicable tribe and /or the Native American Heritage Commission. The timing and duration of the monitoring shall be determined by the principal investigator based on the sensitivity of exposed sediments. Prior to initiation of earth - disturbing activities that could encounter undisturbed soils; the archaeological monitor shall conduct a brief awareness training session for all construction workers and supervisory personnel. The training shall explain the importance of and legal basis for the protection of significant archaeological resources. Each worker shall learn the proper procedures to follow in the event that cultural resources or human remains /burials are uncovered. These procedures include work curtailment or redirection and the immediate contact of the site supervisor and the archaeological monitor. It is recommended that this worker education session include visual images of artifacts that might be found in the project vicinity, and that the session take place on -site immediately prior to the start of ground- disturbing activities. If archaeological resources or human remains are encountered during construction, all work shall cease in the area of potential affect until the find can be addressed. The Orange County Coroner's Office shall be contacted pursuant to procedures set forth in Public Resources Code Section 5097 et seq. and Health and Safety Code in Sections 7050.5, 7051, and 7054 with respect to treatment and removal, Native American involvement, burial treatment, and re- burial, if necessary. A fifty -foot buffer, or more if deemed appropriate by the principal investigator, shall be established and work outside the buffer may resume. Santa Ana Garden Grove Fixed Guideway Project REAjFEIR P a g e1235 January 2015 75A -293 Areas that would not encounter undisturbed soils and would therefore not be required to retain an archaeologist shall demonstrate non - disturbance to the City of Santa Ana through the appropriate construction plans, as -built drawings, or geotechnical studies prior to any earth - disturbing activities. Impacts to any significant resources shall be mitigated to a less- than - significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 form and filed with the SCCIC. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: Geology, Soils, and Seismicity City of Santa Ana Principal Investigator and Archaeological or Native American Monitor /SHPO Construction Ground breaking activities involving undisturbed soil Field Inspection /Monitoring and Maintenance of Log to Demonstrate Compliance No mitigation measures related to geology, soils, and seismicity are required. Hazardous Materials HAZ1 A Phase I Environmental Site Assessment shall be prepared for the following site should O &M Facility Site A be adopted as part of the proposed project: • Madison Materials located at 1035 East 4th Street A Phase I Environmental Site Assessment shall be prepared for the following sites should O &M Facility Site B be adopted as part of the proposed project: • All Car Auto Parts located at 2002 West 5th Street • SA Recycling located at 2006 West 5th Street • American Auto Wrecking located at 1908 West 51h Street A Phase I Environmental Site Assessment shall be prepared for the following sites should O &M Facility Site A be adopted as part of the proposed project: The assessment shall be prepared by a Registered Environmental Assessor. The assessment shall be prepared in accordance with State standards /guidelines to evaluate whether the site or the surrounding area is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation, and disposal of toxic and hazardous waste or materials. If hazardous materials are identified in the Phase I Environmental Site Assessment, a Phase II Environmental Site Assessment would be completed to identify the extent of contamination and the procedures for remediation. The Phase II Environmental Site Assessment shall be approved by the California Department of Toxic Substances Control. Santa Ana Garden Grove Fixed Guideway Project REA FEIR January 2015 75A -294 Paga1236 Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: Traffic and Parking City of Santa Ana Registered Environmental Assessor /Department of Toxic Substances Control Pre - Construction Once, prior to construction Site Investigation and Submittal of the Phase I and Phase II Environmental Site Assessments No mitigation measures related to traffic and parking are required. Noise and Vibration N1 The City of Santa Ana shall request a horn - sounding exemption from the California Public Utilities Commission for the crossing at 5th and Fairview Streets. The exemption shall provide justification and demonstrate that safety would not be compromised. In lieu of the warning horn, supplemental safety measures (e.g., four -quad gates, roadway median barriers on grade crossing approaches, and pedestrian gates) would be implemented. If a horn sounding exemption is approved and established, warning horns would not be sounded except under an emergency situation. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: City of Santa Ana /California Public Utilities Commission Monitoring Phase: Design Monitoring Frequency: During design and prior to operation Compliance Action: Agency request submission /Field Inspection N2 When practical, the contractor shall design special trackwork elements, such as turn- outs, switches, and cross -over to be located at least 600 feet away from sensitive receptors. If this cannot be achieved, then special switch devices, such as spring frogs or movable point frogs shall be utilized. A frog device is used where two rails cross. The frog is designed to ensure the wheel crosses the gap in the rail without "dropping" into the gap. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: Contractor /City of Santa Ana Monitoring Phase: Design Monitoring Frequency: Prior to Approval of Final Plans and Specifications Compliance Action: Field Verification of Installation of Trackwork N3 The contractor shall construct a noise barrier at the land uses identified as Noise Sensitive Areas 9 and 10. For receptors in Noise Sensitive Area 9, the noise barrier shall be at least 10 feet high and extend for 400 feet along the northern property edge of the proposed operations and maintenance facility. For receptors in Noise Sensitive Area 10, the noise barrier shall be at least 8 feet high and extend for 225 feet along the southern boundary of the PE ROW adjacent to 4`" Street. The design of the noise barriers shall be identified on project plans prior to issuance of building permits. Santa Ana-Garden Grove Fixed Guideway Project REAIFEIR P a g el 237 .January 2015 75A -295 Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: Air Quality City of Santa Ana Contractor /City of Santa Ana Planning and Building Department Design and Pre - operation Prior to permitting and prior to operation Design Review and Field Verification No mitigation measures related to air quality are required. Hydrology No mitigation measures related to hydrology are required. Safety and Security SAF1 Under Streetcar Alternatives 1 and 2 and the IOS Alternatives, the City of Santa Ana shall coordinate with the Santa Ana Unified School District and Santa Ana Police Department regarding safety at schools adjacent to the alignment. The collaborative effort between the City and interested parties shall develop and teach rail safety measures to students and parents. Other precautionary safety features shall include signs, gated crossing, and crossing and traffic signals to create a safe environment for parents and students during pick -up /drop -off times. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: City of Santa Ana /Santa Ana Police Department Monitoring Phase: Design and Pre - Operation Monitoring Frequency: On -going during Construction and Testing Compliance Action: Development of Safety Education Program and Instruction and Field Verification SAF2 The contractor shall install surveillance cameras along the pedestrian walking paths within the PE ROW and at pedestrian gates to adjacent neighborhoods. Police security personnel shall be responsible for surveillance camera monitoring. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana and Santa Ana Police Department Design and Pre - operation Prior to Operation Field Verification SAF3 The contractor shall install emergency call boxes along the pedestrian walking paths within the PE ROW. Enforcement Agency: City of Santa Ana Implementation /Monitoring Agency: Contractor /City of Santa Ana Monitoring Phase: Design and Pre - operation Monitoring Frequency: Prior to operation Compliance Action: Field Verification Santa Ana Garden Grove Fixed Guideway Project REAIFEIR P a g el 238 January 2015 75A -296 SAF4 The contractor shall design the lighting plan for the pedestrian walking paths within the PE ROW to eliminate shadows or dimly lit areas to the greatest extent feasible. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana Design Once prior to design approval Design Review and Field Verification SAF5 Within the PE ROW, the contractor shall fence the track area, and appropriate signage and audible and visual warning devices shall be installed at gate openings. Enforcement Agency: Implementation /Monitoring Agency Monitoring Phase: Monitoring Frequency: Compliance Action: City of Santa Ana Contractor /City of Santa Ana Design and Pre - operation Prior to Operation Field Verification SAF6 If Mitigation Measures SAF2 through SAF4 are considered infeasible, then the Willowick Station shall not be made operational by the contractor until an appropriate public access point from the PE ROW is created as part of the Willowick Golf Course redevelopment. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: Construction (Air Quality' City of Santa Ana Contractor /City of Santa Ana and Santa Ana Police Department Pre - operation Prior to Operation Field Verification A01 During the construction phase, the contractor shall use Tier 4 or higher off -road construction equipment with higher air pollutant emissions standards. Enforcement Agency: Implementation /Monitoring Agency: Monitoring Phase: Monitoring Frequency: Compliance Action: X" City of Santa Ana Contractor /SCAQMD Construction Monthly Field Verification and Maintenance of Log to Demonstrate Compliance No mitigation measures related to cumulative impacts are required. Santa Ana- Garden Grove Fixed Guideway Project REAIFEIR January 2015 75A -297 P a g el 239 75A -298 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2016 TITLE: PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 1601 NORTH BRISTOL STREET (PROJECT NO. 116740 NONGENERAL FUND) (STRATEGIC PLAN NO, 6,1,G; 3,2,C) f '._, [ ,- CITY MANAGER CLERK OF COUNCIL USE ONLY: " 06 R, 0 As Recommended 0 As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2n° Reading 0 Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1501 North Bristol Street (APN 405- 252 -20) declaring the public necessity and interest therefore. On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Strut. The northern segment of the third phase of the project, between Washington Avenue and Seventeenth Street, is in the final design phase and construction is expected to start in early 2015. Improvements include widening Bristol Street from two to three lanes in each direction, new landscaped medians and parkways, and bike lanes. These Improvements will result in improved traffic flow, enhanced streetscape aesthetics, and greater mobility. The project will also improve drainage through the installation of new storm drain improvements. To accommodate these improvements, acquisition of a portion of the parcel at 1501 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 14 months. A good faith offer was made on August 20, 2014, in the amount of $1,132,000 (Exhibit 2). The Public Works Agency has made, and will continue to make every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in early 2015, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75B -1 Public Hearing & Resolution Authorizing Condemnation of Real Property for 1501 N. Bristol Street January 20, 2015 Page 2 of 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Final Environmental Impact Statement / Environmental Impact Report (EIS No. 89 -01) approved in 1990 and in Addendum to FEIS /EIR adopted by council on June 3, 2014. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (Account 05917661 - 66220) and Measure M2 Street Construction Fund (Account 03217662 - 66220). Public Works Agency FM /EWG /KN Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS'I O FUNDS AND ACCOUNTS 4��` Sad a_s_ Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 (NTS) 18TH STREET 17TH STREET LEGEND 405- 252 -21 MATCHLINE SEE TOP RIGHT - SUBJECT PROPERTY - ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM LEFT WASHINGTON AVENUE I I EXHIBIT 1 SANTA ANA TITLE: ■ fin' /� ■ Cn-Y COUNCIL PUBLIC HEARING - RESOLUTION VV H AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL IL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND) 75B -3 H- ' W W i � u � a u cf) o J e ° I u O 1 a I zL „........� UP m 405- 252 -22 LEGEND 405- 252 -21 MATCHLINE SEE TOP RIGHT - SUBJECT PROPERTY - ACQUIRED PROPERTIES MATCHLINE SEE BOTTOM LEFT WASHINGTON AVENUE I I EXHIBIT 1 SANTA ANA TITLE: ■ fin' /� ■ Cn-Y COUNCIL PUBLIC HEARING - RESOLUTION VV H AGENDA DATE: AUTHORIZING CONDEMNATION OF REAL IL JANUARY 20, 2015 PROPERTY AT 1501 NORTH BRISTOL STREET PUBLIC WORKS AGENCY (PROJECT NO. 116740 NONGENERAL FUND) 75B -3 75B -4 City of Santa Ana RECEIPT OF OFFER PACKAGE Bristol Street Widening -Washington Avenue to Seventeenth Street Parcel File No. 405 - 252 -20 Owner(s) of Record: MC DONALD'S CORPORATION, DBA DELAWARE MCDONALD'S CORPORATION SUCCESSOR IN INTEREST BY MERGER TO FRANCHISE REALTY INTERSTATE CORPORATION, AN ILLINOIS CORPORATION, AS TO PARCELS C AND D and MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AS TO PARCELS A AND B Additional Owner (s) of Record: Property Address: 1501 N. Bristol Street Santa Ana, CA This is to acknowledge receipt of the offer package containing the following items: Updated Offer letter dated June 18, 2014 which includes: • Property Legal Description (Attachment 1) • Statement of Just Compensation (Attachment 2) • Summary Explanation Statement (Attachment 3) City of Santa Ana Handbook on Acquisition McDonald's Corporation Exhibit 2 75B -5 Date MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinaiero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento June 18, 2014 McDonald's Corporation 1501 N. Bristol Street Santa Ana, CA 92706 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M -21 Santa Ana, California 92702 w .santa- ana.ora CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Via Certified Mail SUBJECT: UPDATED OFFER TO ACQUIRE A PORTION OF THE PROPERTY LOCATED AT: 1501 N. BRISTOL STREET, SANTA ANA, CA APN: 405 - 252 -20 Dear Property Owner: The City of Santa Ana ( "City ") is proceeding with its plans to construct Phase IIIB of the Bristol Street Widening Project between Washington Avenue and Seventeenth Street. The City obtained a preliminary title report that lists McDonald's Corporation, DBA Delaware McDonald's Corporation successor in interest by merger to franchise realty interstate corporation, an Illinois Corporation, as to parcels C and D & McDonald's corporation, a Delaware Corporation, as to parcels A and B, to be the vested owners of the above - mentioned property. The City seeks to acquire a portion of the property located at the above - mentioned address, which consists of the underlying real property of 4,550 square feet and the improvements thereon, as described in Attachment 1. The area to be acquired is referred to herein as the "Property ". Based on McDonald's Corporation's desire to reconfigure and re -build on the remainder of their site, the City rescinds and replaces the City's Offer to acquire the entire property dated October 1, 2013 and makes an offer for a partial take instead which contemplates the relocation of McDonald's onsite. THIS OFFER IS CONTINGENT ON THE PARTIES REACHING AGREEMENT AS TO THE VALUE OF THE PARTIAL TAKE AND CONCURRENT AGREEMENT TO RECONFIGURE AND REBUILD ON SITE. Due to project schedule constraints, the City needs an answer to this concept within 30 days. If McDonalds is agreeable to this concept, the parties will need to meet immediately to finalize the timeline required to reach a final resolution. The City needs to begin construction by March 2015 and therefore time is of the essence in terms of reaching a final agreement. If the City and McDonald's cannot come to an agreement regarding the partial take acquisition, the City reserves the right to acquire the entire site for construction of the street improvement project and a new offer will be made consistent with a full take. 75B -6 Page 2 No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the portion of your Property for $1,132,000. The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement. If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 2. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 3. Please let us know prior to July 19, 2014 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code § §1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call me at (714) 647 -5664. Sincerely, Jason Gabriel Principal Engineer 75B -7 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 9 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: LOTS 11 AND 13 AS SHOWN ON A MAP FILED IN BOOK 3, PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10, WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF BRISTOL STREET DISTANT THEREON 660 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12, THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60 FEET; THENCE SOUTHERLY PARALLEL WITH SAID CENTER LINE OF BRISTOL STREET, 50 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 174.60 FEET TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY ALONG SAID CENTER LINE, 50 FEET TO THE POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE LAND ALLOTTED TO JACOB ROSS IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF BRISTOL STREET, DISTANT THEREON 710.00 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID SECTION 12; THENCE EASTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION; THENCE SOUTHERLY 125.02 FEET PARALLEL WITH THE SAID CENTER LINE OF BRISTOL STREET; THENCE WESTERLY 174.60 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION TO THE CENTER LINE OF BRISTOL STREET; THENCE NORTHERLY 125.02 FEET ALONG SAID CENTER LINE OF BRISTOL STREET TO THE POINT OF BEGINNING. 20 75B -8 ATTACHMENT 75B -9 405- 252 -20 Assessor's Parcel: Property Owner: McDonald's Corporation, a Delaware Corporation Property Address: 1501 North Bristol Street Santa Ana, California Location of Parent Property: East side of Bristol Street, beginning 460± south of 17th Street, within the City of Santa Ana Description of Parent Property: The property is presently improved with a fast food restaurant of wood frame and stucco construction. The building contains 2,510 square feet, has additional basement storage area, and was originally constructed in 1988±. Other appurtenant on -site improvements located within the boundaries of the subject parcel include a trash enclosure, asphalt paving, concrete paving, concrete curbing, concrete block walls, wrought iron fencing, business signage, metal bollards (auto stops), concrete auto stops, marked automobile parking spaces, and irrigated landscaping. The development is situated on a parcel containing 40,501 square feet of land area. Zoning: C -5 (arterial commercial) Topography: Effectively level topography Utilities: In place at site Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial use As improved: Existing use Date of Value: January 8, 2014 Public Use for Property: Bristol Street Widening Improvement Project Estate to be Acquired: Permanent (perpetual) roadway easement Legal Description: The legal description of the acquisition area was prepared by Bickel Underwood, Architects. Area to be Acquired: Permanent roadway area: 4,550 square feet Total Just Compensation: $1,132,000 75B -9 SUMMARY OF THE BASIS FOR JUST COMPENSATION The purpose of the appraisal study is to express an estimate of total just compensation applicable to the proposed partial acquisition of the subject parent property. Just compensation is based on a quantitative measure of market value. Market value is defined in The California Code of Civil Procedure, § 1263.320, as: "(A) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (B) The fair market value of property taken, for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable." Additionally, Section 1263.330 provides that the fair market value shall not include an increase or decrease in value attributable to the project for which the property is to be acquired. Accordingly, the subject property has been appraised absent any influence of the proposed freeway interchange improvement project. There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost - Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed take area as well as in the "after" condition analysis. The Sales Comparison Approach and Income Capitalization Approach have been applied to the subject parent property for the purpose of estimating the unencumbered fee simple market value as presently improved with the fast -food restaurant facility. Certain elements of the Cost - Summation Approach have been employed herein for the purpose of estimating the contributory value of existing improvements impacted by the partial acquisition. Value of Parent Property before Taldng: Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution. " Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. 75B -10 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) The Sales Comparison Approach was utilized to estimate the value of the subject land parcel after an investigation and analysis was conducted of recent sales involving reasonably comparable land parcels within the greater subject market area. Land Value: Following is a summary of the sales considered helpful when estimating the value of the subject land, as if vacant and available for a highest and best use development. Street Data Date Zonin Land Size Alley Corner Frontage Sale Price Per SF A. 2 -13 CR 34,412 sf no yes 240 feet $ 975,000. $28.33 SWC Katella Ave. and Batavia St., Orange B. 3 -13 C -2 25,210 sf no yes 330 feet $1,000,000. $39.67 SEC First St. and Newhope St., Santa Ana C. 6 -13 C -2 27,443 sf no yes 315 feet $1,099,000. $40.05 NEC Garden Grove Blvd. and Adelle St., Garden Grove D. 7 -13 C -1 36,296 sf no yes 230 feet $1,900,000. $52.35 SWC Westminster Ave. and Hope St., Garden Grove E. n o- nn 2 -2 Jc 7,i i vn Sr i no Flo 27J et $2, 00 00,n 13 0n. $40.99 S/S Ball Rd., 132±' E/O West Pl., Anaheim F. U -13 C -1 14,866 sf no yes 225 feet $ 700,000. $47.09 NWC Euclid St. and Fourth St., Santa Ana The properties surveyed are located within the general subject vicinity, and represent the most recent comparable land sales available for analysis. The properties range in size from 14,866 to 57,160 square feet of land area. The overall purchase prices range from $700,000 to $2,800,000, reflecting a relatively wide range of value between $28.33 and $52.35 per square foot of land area; the predominant range is between $39.67 and $48.99. Certain of the land sales data considered extended over a time period back to the first quarter of 2013. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between February 2009 and November, 2013. Differing market conditions were considered in the analysis of the individual sale properties. 75B -11 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Land Value: (Continued) After viewing all of the sale properties, and obtaining certain information pertinent to land value, the appraiser analyzed the various elements of comparability for each sale property (as compared to the subject property) which, among others, include the following: General location Immediate environmental influences Accessibility Public utilities and sanitary sewer Zoning, entitlements, if any Size, shape, and plottage Topographical characteristics Site prominence /exposure A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, immediate environmental influences, development density, vehicular accessibility, site conditions, site prominence /exposure, and land plottage were considered the most important factors in the subject case. All of the sale transactions employed herein were considered helpful in the land valuation analysis of the subject property. The purchase price per square foot of land area has been utilized herein as the primary indication of value inasmuch as it is most commonly utilized by market participants. The properties have been compared to the subject property with respect to the various elements of comparability. Following is a summary relating the overall comparability of the individual sale properties employed in the subject land value analysis. Continued .. . 75B -12 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Land Value: (Continued) After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for a highest and best use development, is estimated at $45.00 per square foot of land area, as follows: 40,501 SF @ $45.00 = $1,822,545 Value cis Improved: Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved with the fast food restaurant facility. Land Size Corner Zoning Land/Bldg. $ /SF Land Data Date Blde. Size Built Drive- throueh Ratio Sale Price /SF Bldg. 1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17 2,400 sf 1979 yes $802.08 4501 Jamboree Road, Newport Beach 2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38 3,465 sf 1998 yes $748.92 2100 East 17`x' Street, Santa Ana 3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $11.0.14 3,600 sf 1965 yes $752.78 222 North Euclid Street, Fullerton 75B -13 Overall Data Comparability Per SF A inferior $28.33 B inferior $39.67 C similar $40.05 Subject - - - - $45.00 F similar $47.09 E similar $48.99 D superior $52.35 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for a highest and best use development, is estimated at $45.00 per square foot of land area, as follows: 40,501 SF @ $45.00 = $1,822,545 Value cis Improved: Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved with the fast food restaurant facility. Land Size Corner Zoning Land/Bldg. $ /SF Land Data Date Blde. Size Built Drive- throueh Ratio Sale Price /SF Bldg. 1. 11 -12 30,000 sf no PC -15 12.50:1 $1,925,000. $ 64.17 2,400 sf 1979 yes $802.08 4501 Jamboree Road, Newport Beach 2. 12 -12 33,106 sf no C -1 9.55:1 $2,595,000. $ 78.38 3,465 sf 1998 yes $748.92 2100 East 17`x' Street, Santa Ana 3. 2 -13 24,606 sf yes C -1 6.84:1 $2,710,000. $11.0.14 3,600 sf 1965 yes $752.78 222 North Euclid Street, Fullerton 75B -13 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) The improved properties surveyed contain fast food restaurant buildings ranging in size from 2,400 to 4,006 square feet. The buildings were constructed between 1963 and 2008, and are situated on parcels ranging in size from 24,416 to 33,106 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. The overall purchase price has been utilized as the primary unit of analysis in the Sales Comparison Approach. Secondary consideration has been assigned to the price per square foot of land area and purchase price per square foot of building area. The overall purchase prices range between $1,900,000 and $3,194,500, reflecting $64.17 to $110.14 per square foot of land area and $622.95 to $830.60 per square foot of building area. As in the case of the previous land value analysis, differing market conditions were considered in the analysis of the improved fast food restaurant properties. Certain of the improved sales data considered extended over a time period back to the last quarter of 2012. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between November, 2012 and October, 2013. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: 75B -14 Land Size Corner Zoning Land /Bldg. $ /SF Land Data Date Bldg. Size Built Drive - through Ratio Sale Price $ /SF Bldg. 4. 3 -13 24,416 sf yes PR 8.01:1 $1,900,000. $ 77.82 3,050 sf 1963 yes $622.95 171 Fast 1s` Street, Tustin 5. 8 -13 29,708 sf no CT 7.72:1 $3,194,500. $107.53 3,846 sf 2000± yes $830.60 26801 Aliso Creek Road, Aliso Viejo 6. 10 -13 32,485 sf no C -2 8.11:1 $2,510,000. $ 77.27 4,006 sf 2008 yes $626.56 2511 South Bristol Street, Santa Ana The improved properties surveyed contain fast food restaurant buildings ranging in size from 2,400 to 4,006 square feet. The buildings were constructed between 1963 and 2008, and are situated on parcels ranging in size from 24,416 to 33,106 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. The overall purchase price has been utilized as the primary unit of analysis in the Sales Comparison Approach. Secondary consideration has been assigned to the price per square foot of land area and purchase price per square foot of building area. The overall purchase prices range between $1,900,000 and $3,194,500, reflecting $64.17 to $110.14 per square foot of land area and $622.95 to $830.60 per square foot of building area. As in the case of the previous land value analysis, differing market conditions were considered in the analysis of the improved fast food restaurant properties. Certain of the improved sales data considered extended over a time period back to the last quarter of 2012. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between November, 2012 and October, 2013. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: 75B -14 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) General location Immediate environmental influences Zoning Vehicular and pedestrian access Vehicular and pedestrian traffic Building size /features Building age and condition Construction type and quality Availability of public alley Overall developability Site frontage /depth ratio Site prominence and exposure Proximity to freeway Building remodeling, if any On -site parking capacity Extent of other on -site improvements As discussed in the previous land value analysis, a Relative Comparison Analysis (RCA) has been conducted between the individual comparable improved properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. As stated, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age /condition, as well as site prominence /exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. The sale properties employed herein are considered having generally similar marketability as the subject property. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land /building area ratio. The sale properties have ratios ranging between 6.84:1 and 12.50:1. The subiect nronerty has a ratio of 16.14:1. All of the sale properties employed herein were considered helpfid in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Continued .. . 75B -15 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Sales Comparison Approach: (Continued) Value as Improved: (Continued) After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square foot of building area exceeds the value range indicated by the sale properties due primarily to the higher land/building area ratio of the subject facility. It may be of interest to note that the unit rate per square foot of land area is supported by the comparable sale properties. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy /credit loss and various expense charges. The income /expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 2,510 SF @ $4.65 = $11,672 Total gross annual income: $11,672 x 12 = $140,064 Vacancy and credit loss (1.5 %): - 2,101 Effective gross annual income: (carried forward) $137,963 Continued .. . 75B -16 Overall Data Comparability Sale Price 4 inferior $1,900,000 1 inferior $1,925,000 6 inferior $2,510,000 2 similar $2,595,000 Subject - - - - $2,700,000 3 similar $2,710,000 5 superior $3,194,500 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is estimated at $2,700,000, which reflects $66.67 per square foot of land area, and $1,075.70 per square foot of building area. The resulting unit rate per square foot of building area exceeds the value range indicated by the sale properties due primarily to the higher land/building area ratio of the subject facility. It may be of interest to note that the unit rate per square foot of land area is supported by the comparable sale properties. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy /credit loss and various expense charges. The income /expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 2,510 SF @ $4.65 = $11,672 Total gross annual income: $11,672 x 12 = $140,064 Vacancy and credit loss (1.5 %): - 2,101 Effective gross annual income: (carried forward) $137,963 Continued .. . 75B -16 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Income Capitalization Approach: (Continued) Effective gross annual income: (brought forward) Annual expenses: $ /SF %EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3 %): 1.65 3.0% 4,140. Legal and accounting: 0.24 0.4% Maintenance /repairs: 0_40 0.7% 1,000. $2.29 4.1% Total annual expenses: Net operating income: Capitalization of net income: $132,223 capitalized at 4.75% _ Reconciliation: Value indicated by Sales Comparison Approach: Value indicated by Cost - Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Market Value (Before Condition): $137,963 600 - 5,740 $132,223 $2,783,642 Adjusted: $2,785,000 $2,700,000 Not applicable $2,785,000 Based on the foregoing, the market value of the unencumbered fee simple interest in the subject property, in as -is condition, exclusive of non - realty fixture /equipment items, is estimated at $2,750,000. Value of Part Taken as Part of Whole, Before Taking: The subject parent property is presently improved with a fast food restaurant facility containing 2,510 gross square feet of building area, originally constructed in 1988±. Other appurtenant on -site improvements located within the boundaries of the subject parent property include a trash enclosure, asphalt paving, concrete paving, concrete block walls, wrought iron fencing, concrete curbing, business signage, parking lot signage, metal frame light standards, metal bollards (auto stops), concrete auto stops, marked automobile parking spaces, in- ground irrigation system, and ornamental landscaping. 75B -17 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Part Taken as Part of Whole, Before Taking: (Continued) In smmnary, the purpose of the public project is for the widening of Bristol Street to its ultimate right- of-way width. The project, as it relates specifically to the larger parent property, entails the acquisition of a permanent roadway easement containing 4,550 square feet of land area. Existing improvements impacted by the project include a portion of the main building, concrete paving, asphalt paving, concrete curbing, various business and parking signage, marked parking spaces, irrigated landscaping, etc. A compensation allowance has been included herein for all improvements impacted by the partial acquisition. As previously stated, the Sales Comparison Approach has been employed herein to estimate the underlying land value of the larger parent property. The acquisition area has been considered and analyzed as part of the larger parent ownership. The fee simple land value applicable to the parent property was estimated at $45.00 per square foot of land area. Compensation for on -site improvements is based on the replacement cost new, less accrued depreciation. The unit rates applicable to the improvements are based on development projects wherein actual rates for a like improvement were available for review. A national cost service providing building costs for a wide variety of construction classes and materials has also be consulted as a secondary check. The overall unit rates applicable to the improvements include labor and material costs, as well as indirect costs such as management and supervision. It should be noted that the value of landscaping is based on its contributory value to the larger parent property. The value of the part acquired, considered as part of the whole parent ownership, before acquisition is estimated as follows: Continued .. . 75B -18 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Taking: (Continued) Land: Roadway area: 4,550 SF @ $45.00' _ Improvements within roadway area: Portion of main building: 588 SF @ $ 175.002 x 83%' = Concrete paving: 288 SF @ $ 8.952 x 83p3 = Asphalt paving: 1,870 SF @ $ 6.752 x 83 %5 = Concrete curbing: 810LF @ $ 18.502 x 83 %3 = Parking sign: 3 qty. @ $ 1,150.002 x 83 %3 = Metal frame light standards: 2 qty. @ $ 2,250.002 x 83 %3 = Monument sign: 1 qty. @ $18,500.002 x 83 %3 = Parking spaces: 14 qty. @ $ 15.002 x 83p3 = Flag pole: 1 qty. @ $ 1,650.002 x 83 %3 = Irrigation system: 4,750 SF @ $ 1.152 x 83 %3 — Landscaped area: 4,750 SF @ $ 6.50" _ Subtotal, improvements: Total value of part taken (land, improvements): $85,407 2,139 10,477 12,438 2,864 3,735 15,355 174 1,370 4,534 30.875 $204,750 169,368 $374,118 Unencumbered fee simple value of the subject underlying land parcel 2 Replacement cost new, inclusive of direct costs, indirect costs and entrepreneurial profit 3 Accrued depreciation based on an effective age of 5 years, and remaining life of 30 years, or (5/30) 17 %, reciprocal employed above ° Estimated value of landscape improvements based on their contributory benefit to the existing parent development 75B -19 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Remainder, Before Taking: The value of the remaining portion of the subject parent property, after acquisition, before consideration of severance damages and project benefits, is estimated as follows: Value of parent property, before taking: $2,750,000 Less value of part taken (land, improvements): - 374,118 Value of remainder, after acquisition, before consideration of damages and benefits: $2,375,882 Value of Remainder, After Taking: In the "after" condition, the underlying land parcel will contain 35,951 square feet of land area, net of Bristol Street. Other land features such as topography, drainage, effectively land shape, and highest and best use remain unchanged. The site will have continued reasonable vehicular /pedestrian access along Bristol Street. As discussed, the main fast food restaurant building and a significant portion of on -site improvements will be demolished and removed from the site as a result of the street widening project. While certain on -site improvements such as paving, landscaping, concrete curbing, etc., will remain within the remnant parcel, the value of same is judged relatively nominal in a highest and best use context. The subject remainder parcel has been considered and appraised herein as if vacant and readily available for development. The value of the remaining portion of the subject parent property, after acquisition, before consideration of severance damages and project benefits, is estimated by way of the Sales Comparison Approach. The fee simple land value was estimated in the previous portion of this section at $45.00 per square foot of land area. Said rate remains unchanged in the "after" condition. The value of the remainder parcel is as follows: 35,951 SF @ $45.00 = $1,617,795 Permanent Severance Damages: Severance damages are defined in Real Estate Valuation in Litigation, published by The Appraisal Institute, Page 289, as "the diminution of the market value of the remainder area, in the case of a partial taking, which arises (a) by reason of the taking (severance) and /or (b) the construction of the improvement in the manner proposed. Considering the foregoing with respect to (1) before condition, (2) analysis of the part taken, and (3) conditions after the taking, severance damages will incur to the remainder as a result of the proposed taking. Specifically, value diminution results from the permanent elimination of the main fast food restaurant building and resultant loss of future rental income. 75B -20 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Permanent Severance Damages: (Continued) Monetary compensation applicable to severance damages reflects the difference between the value of the remainder as part of the whole, and the value of the remainder after acquisition, before consideration of benefits, as follows: Value of remainder, before taking: $2,375,882 Value of remainder, after taking: -1,617,795 Indicated severance damages: $ 758,087 Project Benefits: Qualitative benefits to the general community in the "after" condition include the upgrading of street improvements as well as increased roadway capacity and improved circulation resulting in enhanced aesthetics and safety conditions for vehicular and pedestrian traffic. Project benefits, relating specifically to the subject parent property, are not monetarily quantifiable. Recapitulation: Based on the foregoing, the total just compensation applicable to the partial acquisition of the subject parent property, as of January 8, 2014, is estimated as follows: Land value: $ 204,750 Improvements: 169,368 Total value of part taken (land, imps.): $ 374,118 Severance damages: Value of remainder, before taking: $2,375,882 Value of remainder, after taking: -1,617,795 Total: $ 758,087 Project benefits (none quantifiable): 00 Net severance damages: 758,087 Total just compensation: $1,132,205 Adjusted: $1,132,000 75B -21 ATTACHMENT /G1U0iC1111n '&LI SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and /or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ( "City ") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee /tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and 75B -22 ATTACHMENT APN: 405 - 252 -20 Page 2 d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 5. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. e. 75B -23 75B -24 JX8/1 /20/15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF THE REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 1501 N. BRISTOL STREET (APN 405 - 252 -20) 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 on January 20, 2015, after written notice duly provided to all those claiming ownership, including the owners of the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters; A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2(a), toaether with the accomoanvina statement and summary of the basis for the amount established as just compensation, was actually made and whether said offer and statement/summary contained all of the factual information required by Government Code section 7267.2(a); E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire a portion of the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/En Aronmental Impact Statement EIR No. 89 -01 and all Exhib Tit 3 Resolution No. 20 t 5- Page 1 of 6 75B -25 subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(0)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, OCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana ( "the City "), as a result of said hearing, has determined that the proposed project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury and that the public interest, necessity, health, safety and welfare require the acquisition by the City of Santa Ana of a portion of the real property located at 1501 N. BRISTOL STREET (APN 405- 252 -20) in the City of Santa Ana, California consisting of approximately 4,550 square feet of property to be acquired in fee title. The Property is situated in the City of Santa Ana, County of Orange, State of California, and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference and made a part hereof as though fully set forth herein, for the public purposes hereafter set forth. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by said City of the Property described in Section 4 above, including any and all leaseholds and related improvements for the purposes of the Phase 1116 of the Bristol Street Widening Project ( "the Project'). The location of the Project is between Washington Avenue and Seventeenth Street for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in said Property as described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana Charter, Santa Ana Municipal Code §41 -781; California Code of Civil Procedure section 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101,5, 5102, and other applicable law. Resolution No. 2015 - Page 2 of 6 75B -26 JXS /1 /20/15 Section 7. The offer required by Government Code section 7267.2 was made to the appropriate party or parties with respect to the Property on or about October 1, 2013 and an updated offer on August 20, 2014. Section 8. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, a portion of the property in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to said Property described in Section 4 above. Section 9. That if any of the Property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 10. Said Property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 11. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 12. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in said Property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of said Property, at the discretion of the City Attorney. Section 13. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2015. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By J Sandoval ief Assistant City Attorney Miguel A. Pulido Mayor 75B -27 Resolution No, 2015 - Page 3 of 6 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2015 - Page 4 of 6 Clerk of the Council City of Santa Ana 75B -28 _. JXS /1 /20/15 R101432,12 (D) 06.30.14 EXERBIT "A" LEGAL DESCRIPTION RIGHT OF WAY DEDICATION A.P, NO, 405. 252.20 Those portions of Lots 9, 11 and 13 of "A Subdiv[sion of West 3 AC, of South 6 AC, of the NW' /,- NW'G -NWI /a Sec, 12TWP,5S: R10W "intheCityofSantaAna,County of Orange, State of California as shown on the map filed hi Book 3, Page 12 of Records of Survey in the Office of the County Recorder of said Comity, togather with a portion of the Northwest One Quarter of the Northwest One Quarter of Section 12, Township 5 South, Range 10 West, in the land allotted to Jacob Ross in the decree of partition of the Rancho Santiago De Santa Ana, recorded in Book 3 of Judgements of the 171' Judicial District Comt of California, described as a whole as follows: Commencing at the intersection of the centerline of Bdstot Street and the centerline, of Seventeenth Street as shown on said Record of Survey; thence along said conterline of Bristol Street South 00 °00'0" West 660,00 feet to the Northwest corner of the land described as Parcel I in that certain Grant Deed recorded January 21, 1980, in Book 13474, Page 1154, of 01final Records in the office of said County Recorder; there, leaving.safd centerline along the Northerly line or said Parcel t North 89 016110" East 50.00 fact to a line parallel with and 90.00 feet Easterly or said centerline of Bristol Sheet, also being the TRUE POINT OF BEGINNING; thence leaving said Northerly along said parallel line South 00 000'00" West 175.02 feet to the Southerly line of the land described as Parcel 2 in said Grant Deed; thence leaving said parallel line along said Southerly line North 89 016110" Bast 14.00 fact to a line parallel with and 64,00 feet Easterly of said centerlhaa of Bristol Street; thence leaving said Southerly line along said parallel line North 00 °00'00" But 325,02 feet to the Northerly fine of said Lot 9; thence leaving said parallel hue along said Northerly line South 8901611011 "last 1490 cct to first said parallel line; thence leaving said Northerly line along said parallel line South 00 000'00" West 15D,00 feet to the TRUE POINT OF BEGINNING, Containing an area of 0.104 acres (4,550 square feet), more or less. Subject to covenants, conditions, reservations, restrictions, rlghts- offway and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof JANiF,S h. GARV IN, PLS 6343 '91011., I2NIAM,h4WI., NdlwaoNchldm 75B -29 Resolution No, 2015 - Page 5 of 6 sr SANTA ANA PWA P9iLlC Y@�{S AKIKY Resolution No. 2015 - Page 6 of 6 l2 a ° 1 o h 0.704 ACRES l:l -I,+' w �. N'LY LINE � _I _..� q a PARCEL 7 8 PARCEL v Q: °o z IN EC. . valwayo) \ PA CELl2 40' 1 G.go,2oik EXHIBI A.P. NO. 405- 252 -20 SKETCH TO ACCOMPANY LEGAL DESCHIP77ON a: \0 x4 a212\arAProms212�ow- �CX�1014 212dExor.DVic 75B -30 N89'100 "E _ SEVENTEENTH STREET J I uj ao �s1 _ Noe ' m E I fy�1 -N2Y CINE LOT 9 v F. 0 o t /l2 0 sr SANTA ANA PWA P9iLlC Y@�{S AKIKY Resolution No. 2015 - Page 6 of 6 l2 a ° 1 o h 0.704 ACRES l:l -I,+' w �. N'LY LINE � _I _..� q a PARCEL 7 8 PARCEL v Q: °o z IN EC. . valwayo) \ PA CELl2 40' 1 G.go,2oik EXHIBI A.P. NO. 405- 252 -20 SKETCH TO ACCOMPANY LEGAL DESCHIP77ON a: \0 x4 a212\arAProms212�ow- �CX�1014 212dExor.DVic 75B -30